AB 976: Electronic filing and service.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2017-09-27
(1)Existing law authorizes a trial court to adopt local rules permitting the electronic filing of documents, subject to uniform rules adopted by the Judicial Council and other specified conditions. Existing law also authorizes a superior court, by local rule, to require the electronic filing of documents, upon adoption of uniform rules by the Judicial Council for mandatory electronic filing and service of documents for specified civil actions, and subject to other conditions. Under existing law, the Orange County Superior Court is authorized until July 1, 2014, to establish a pilot project to require parties to specified civil actions to file and serve documents electronically, subject to certain requirements.
This bill would remove the authorization of the Orange County Superior Court to establish the aforementioned pilot project, and would instead authorize all trial courts in the State of California to, by local rule, require the electronic filing and service of documents in civil actions, as specified, in accordance with certain requirements.
(2)Existing law authorizes electronic service to be performed directly by a party, by an agent of a party, or through an electronic filing service provider.
This bill would also authorize electronic service to be performed directly by another person or an agent of another person. The bill would make additional changes to the conditions governing electronic service, including those relating to, among other things, signatures and the timing of filing and service. This bill would also authorize proof of electronic service to be filed with the court, as specified.
(3)Existing law authorizes a criminal prosecution to be commenced by filing an accusatory pleading in electronic form with the magistrate or in a court having authority to receive it, subject to certain requirements. Existing law also authorizes a notice to appear issued on a form approved by the Judicial Council to be received and filed by a court in electronic form, subject to certain requirements.
This bill would make certain provisions in the Code of Civil Procedure pertaining to the authorization of a trial court to adopt local rules permitting electronic filing of documents applicable to criminal actions, with exceptions. The bill would require the Judicial Council to adopt uniform rules for the electronic filing and service of documents in criminal actions in trial courts.
This bill would incorporate additional changes to Sections 366.21, 366.26, and 903.45 of the Welfare and Institutions Code proposed by SB 233, SB 438, and SB 190, respectively, to be operative only if this bill and SB 233, SB 438, or SB 190 are enacted and this bill is enacted last.
(1)Existing law authorizes a trial court to adopt local rules permitting the electronic filing of documents, subject to uniform rules adopted by the Judicial Council and other specified conditions. Existing law also authorizes a superior court, by local rule, to require the electronic filing of documents, upon adoption of uniform rules by the Judicial Council for mandatory electronic filing and service of documents for specified civil actions, and subject to other conditions. Under existing law, the Orange County Superior Court is authorized until July 1, 2014, to establish a pilot project to require parties to specified civil actions to file and serve documents electronically, subject to certain requirements.
This bill would remove the authorization of the Orange County Superior Court to establish the aforementioned pilot project, and would instead authorize all trial courts in the State of California to, by local rule, require the electronic filing and service of documents in civil actions, as specified, in accordance with certain requirements.
(2)Existing law authorizes electronic service to be performed directly by a party, by an agent of a party, or through an electronic filing service provider.
This bill would also authorize electronic service to be performed directly by another person or an agent of another person. The bill would make additional changes to the conditions governing electronic service, including those relating to, among other things, signatures and the timing of filing and service. This bill would also authorize proof of electronic service to be filed with the court, as specified.
(3)Existing law authorizes a criminal prosecution to be commenced by filing an accusatory pleading in electronic form with the magistrate or in a court having authority to receive it, subject to certain requirements. Existing law also authorizes a notice to appear issued on a form approved by the Judicial Council to be received and filed by a court in electronic form, subject to certain requirements.
This bill would make certain provisions in the Code of Civil Procedure pertaining to the authorization of a trial court to adopt local rules permitting electronic filing of documents applicable to criminal actions, with exceptions. The bill would require the Judicial Council to adopt uniform rules for the electronic filing and service of documents in criminal actions in trial courts.
This bill would incorporate additional changes to Sections 366.21, 366.26, and 903.45 of the Welfare and Institutions Code proposed by SB 233, SB 438, and SB 190, respectively, to be operative only if this bill and SB 233, SB 438, or SB 190 are enacted and this bill is enacted last.
(1)Existing law authorizes a trial court to adopt local rules permitting the electronic filing of documents, subject to uniform rules adopted by the Judicial Council and other specified conditions. Existing law also authorizes a superior court, by local rule, to require the electronic filing of documents, upon adoption of uniform rules by the Judicial Council for mandatory electronic filing and service of documents for specified civil actions, and subject to other conditions. Under existing law, the Orange County Superior Court is authorized until July 1, 2014, to establish a pilot project to require parties to specified civil actions to file and serve documents electronically, subject to certain requirements.
This bill would remove the authorization of the Orange County Superior Court to establish the aforementioned pilot project, and would instead authorize all trial courts in the State of California to, by local rule, require the electronic filing and service of documents in civil actions, as specified, in accordance with certain requirements.
(2)Existing law authorizes electronic service to be performed directly by a party, by an agent of a party, or through an electronic filing service provider.
This bill would also authorize electronic service to be performed directly by another person or an agent of another person. The bill would make additional changes to the conditions governing electronic service, including those relating to, among other things, signatures and the timing of filing and service. This bill would also authorize proof of electronic service to be filed with the court, as specified.
(3)Existing law authorizes a criminal prosecution to be commenced by filing an accusatory pleading in electronic form with the magistrate or in a court having authority to receive it, subject to certain requirements. Existing law also authorizes a notice to appear issued on a form approved by the Judicial Council to be received and filed by a court in electronic form, subject to certain requirements.
This bill would make certain provisions in the Code of Civil Procedure pertaining to the authorization of a trial court to adopt local rules permitting electronic filing of documents applicable to criminal actions, with exceptions. The bill would require the Judicial Council to adopt uniform rules for the electronic filing and service of documents in criminal actions in trial courts.
This bill would incorporate additional changes to Sections 366.21, 366.26, and 903.45 of the Welfare and Institutions Code proposed by SB 233, SB 438, and SB 190, respectively, to be operative only if this bill and SB 233, SB 438, or SB 190 are enacted and this bill is enacted last.
(1)Existing law authorizes a trial court to adopt local rules permitting the electronic filing of documents, subject to uniform rules adopted by the Judicial Council and other specified conditions. Existing law also authorizes a superior court, by local rule, to require the electronic filing of documents, upon adoption of uniform rules by the Judicial Council for mandatory electronic filing and service of documents for specified civil actions, and subject to other conditions. Under existing law, the Orange County Superior Court is authorized until July 1, 2014, to establish a pilot project to require parties to specified civil actions to file and serve documents electronically, subject to certain requirements.
This bill would remove the authorization of the Orange County Superior Court to establish the aforementioned pilot project, and would instead authorize all trial courts in the State of California to, by local rule, require the electronic filing and service of documents in civil actions, as specified, in accordance with certain requirements.
(2)Existing law authorizes electronic service to be performed directly by a party, by an agent of a party, or through an electronic filing service provider.
This bill would also authorize electronic service to be performed directly by another person or an agent of another person. The bill would make additional changes to the conditions governing electronic service, including those relating to, among other things, signatures and the timing of filing and service. This bill would also authorize proof of electronic service to be filed with the court, as specified.
(3)Existing law authorizes a criminal prosecution to be commenced by filing an accusatory pleading in electronic form with the magistrate or in a court having authority to receive it, subject to certain requirements. Existing law also authorizes a notice to appear issued on a form approved by the Judicial Council to be received and filed by a court in electronic form, subject to certain requirements.
This bill would make certain provisions in the Code of Civil Procedure pertaining to the authorization of a trial court to adopt local rules permitting electronic filing of documents applicable to criminal actions, with exceptions. The bill would require the Judicial Council to adopt uniform rules for the electronic filing and service of documents in criminal actions in trial courts.
(1)Existing law authorizes a trial court to adopt local rules permitting the electronic filing of documents, subject to uniform rules adopted by the Judicial Council and other specified conditions. Existing law also authorizes a superior court, by local rule, to require the electronic filing of documents, upon adoption of uniform rules by the Judicial Council for mandatory electronic filing and service of documents for specified civil actions, and subject to other conditions. Under existing law, the Orange County Superior Court is authorized until July 1, 2014, to establish a pilot project to require parties to specified civil actions to file and serve documents electronically, subject to certain requirements.
This bill would remove the authorization of the Orange County Superior Court to establish the aforementioned pilot project, and would instead authorize all trial courts in the State of California to, by local rule, require the electronic filing and service of documents in civil actions, as specified, in accordance with certain requirements.
(2)Existing law authorizes electronic service to be performed directly by a party, by an agent of a party, or through an electronic filing service provider.
This bill would also authorize electronic service to be performed directly by another person or an agent of another person. The bill would make additional changes to the conditions governing electronic service, including those relating to, among other things, signatures and the timing of filing and service. This bill would also authorize proof of electronic service to be filed with the court, as specified.
(3)Existing law authorizes a criminal prosecution to be commenced by filing an accusatory pleading in electronic form with the magistrate or in a court having authority to receive it, subject to certain requirements. Existing law also authorizes a notice to appear issued on a form approved by the Judicial Council to be received and filed by a court in electronic form, subject to certain requirements.
This bill would make certain provisions in the Code of Civil Procedure pertaining to the authorization of a trial court to adopt local rules permitting electronic filing of documents applicable to criminal actions, with exceptions. The bill would require the Judicial Council to adopt uniform rules for the electronic filing and service of documents in criminal actions in trial courts.
(1)Existing law authorizes a trial court to adopt local rules permitting the electronic filing of documents, subject to uniform rules adopted by the Judicial Council and other specified conditions. Existing law also authorizes a superior court, by local rule, to require the electronic filing of documents, upon adoption of uniform rules by the Judicial Council for mandatory electronic filing and service of documents for specified civil actions, and subject to other conditions. Under existing law, the Orange County Superior Court is authorized until July 1, 2014, to establish a pilot project to require parties to specified civil actions to file and serve documents electronically, subject to certain requirements.
This bill would remove the authorization of the Orange County Superior Court to establish the aforementioned pilot project, and would instead authorize all trial courts in the State of California to, by local rule, require the electronic filing and service of documents in civil actions, as specified, in accordance with certain requirements.
(2)Existing law authorizes electronic service to be performed directly by a party, by an agent of a party, or through an electronic filing service provider.
This bill would also authorize electronic service to be performed directly by another person or an agent of another person. The bill would make additional changes to the conditions governing electronic service, including those relating to, among other things, signatures and the timing of filing and service. This bill would also authorize proof of electronic service to be filed with the court, as specified.
(3)Existing law authorizes a criminal prosecution to be commenced by filing an accusatory pleading in electronic form with the magistrate or in a court having authority to receive it, subject to certain requirements. Existing law also authorizes a notice to appear issued on a form approved by the Judicial Council to be received and filed by a court in electronic form, subject to certain requirements.
This bill would make certain provisions in the Code of Civil Procedure pertaining to the authorization of a trial court to adopt local rules permitting electronic filing of documents applicable to criminal actions, with exceptions. The bill would require the Judicial Council to adopt uniform rules for the electronic filing and service of documents in criminal actions in trial courts.
(1)Existing law authorizes a trial court to adopt local rules permitting the electronic filing of documents, subject to uniform rules adopted by the Judicial Council and other specified conditions. Existing law also authorizes a superior court, by local rule, to require the electronic filing of documents, upon adoption of uniform rules by the Judicial Council for mandatory electronic filing and service of documents for specified civil actions, and subject to other conditions. Under existing law, the Orange County Superior Court is authorized until July 1, 2014, to establish a pilot project to require parties to specified civil actions to file and serve documents electronically, subject to certain requirements.
This bill would remove the authorization of the Orange County Superior Court to establish the aforementioned pilot project, and would instead authorize all trial courts in the State of California to, by local rule, require the electronic filing and service of documents in civil actions, as specified, in accordance with certain requirements.
(2)Existing law authorizes electronic service to be performed directly by a party, by an agent of a party, or through an electronic filing service provider.
This bill would also authorize electronic service to be performed directly by another person or an agent of another person. The bill would make additional changes to the conditions governing electronic service, including those relating to, among other things, signatures and the timing of filing and service. This bill would also authorize proof of electronic service to be filed with the court, as specified.
(3)Existing law authorizes a criminal prosecution to be commenced by filing an accusatory pleading in electronic form with the magistrate or in a court having authority to receive it, subject to certain requirements. Existing law also authorizes a notice to appear issued on a form approved by the Judicial Council to be received and filed by a court in electronic form, subject to certain requirements.
This bill would make certain provisions in the Code of Civil Procedure pertaining to the authorization of a trial court to adopt local rules permitting electronic filing of documents applicable to criminal actions, with exceptions. The bill would require the Judicial Council to adopt uniform rules for the electronic filing and service of documents in criminal actions in trial courts.
(a)In any contested action or special proceeding other than a small claims action or an action or proceeding in which a prevailing party is not represented by counsel, the party submitting an order or judgment for entry shall prepare and serve, a copy of the notice of entry of judgment to all parties who have appeared in the action or proceeding and shall file with the court the original notice of entry of judgment together with the proof of service. This subdivision does not apply in a proceeding for dissolution of marriage, for nullity of marriage, or for legal separation.
(b)Promptly upon entry of judgment in a contested action or special proceeding in which a prevailing party is not represented by counsel, the clerk of the court shall serve notice of entry of judgment to all parties who have appeared in the action or special proceeding and shall execute a certificate of service and place it in the courts file in the cause.
(c)For purposes of this section, judgment includes any judgment, decree, or signed order from which an appeal lies.
(d)Upon order of the court in any action or special proceeding, the clerk shall serve notice of entry of any judgment or ruling, whether or not appealable.
(e)The Judicial Council shall provide by rule of court that, upon entry of judgment in a contested action or special proceeding in which a state statute or regulation has been declared unconstitutional by the court, the Attorney General is promptly notified of the judgment and that a certificate of that service is placed in the courts file in the cause.
SEC. 2.Section 1010.6 of the Code of Civil Procedure is amended to read:1010.6.(a)A document may be served electronically in an action filed with the court as provided in this section, in accordance with rules adopted pursuant to subdivision (e).
(1)For purposes of this section:
(A)Electronic service means service of a document, on a party or other person, by either electronic transmission or electronic notification. Electronic service may be performed directly by a party or other person, by an agent of a party or other person, including the party or other persons attorney, or through an electronic filing service provider.
(B)Electronic transmission means the transmission of a document by electronic means to the electronic service address at or through which a party or other person has authorized electronic service.
(C)Electronic notification means the notification of the party or other person that a document is served by sending an electronic message to the electronic address at or through which the party or other person has authorized electronic service, specifying the exact name of the document served, and providing a hyperlink at which the served document may be viewed and downloaded.
(2)(A)(i)For cases filed on or before December 31, 2018, if a document may be served by mail, express mail, overnight delivery, or facsimile transmission, electronic service of the document is not authorized unless a party or other person has agreed to accept electronic service in that specific action or the court has ordered electronic service on a represented party or other represented person under subdivision (c) or (d).
(ii)For cases filed on or after January 1, 2019, if a document may be served by mail, express mail, overnight delivery, or facsimile transmission, electronic service of the document is not authorized unless a party or other person has expressly consented to receive electronic service in that specific action or the court has ordered electronic service on a represented party or other represented person under subdivision (c) or (d). Express consent to electronic service may be accomplished either by (I) serving a notice on all the parties and filing the notice with the court, or (II) manifesting affirmative consent through electronic means with the court or the courts electronic filing service provider, and concurrently providing the partys electronic address with that consent for the purpose of receiving electronic service. The act of electronic filing shall not be construed as express consent.
(B)If a document is required to be served by certified or registered mail, electronic service of the document is not authorized.
(3)In any action in which a party or other person has agreed or provided express consent, as applicable, to accept electronic service under paragraph (2), or in which the court has ordered electronic service on a represented party or other represented person under subdivision (c) or (d), the court may electronically serve any document issued by the court that is not required to be personally served in the same manner that parties electronically serve documents. The electronic service of documents by the court shall have the same legal effect as service by mail, except as provided in paragraph (4).
(4)(A)If a document may be served by mail, express mail, overnight delivery, or facsimile transmission, electronic service of that document is deemed complete at the time of the electronic transmission of the document or at the time that the electronic notification of service of the document is sent.
(B)Any period of notice, or any right or duty to do any act or make any response within any period or on a date certain after the service of the document, which time period or date is prescribed by statute or rule of court, shall be extended after service by electronic means by two court days, but the extension shall not apply to extend the time for filing any of the following:
(i)A notice of intention to move for new trial.
(ii)A notice of intention to move to vacate judgment under Section 663a.
(iii)A notice of appeal.
(C)This extension applies in the absence of a specific exception provided by any other statute or rule of court.
(5)Any document that is served electronically between 12:00 a.m. and 11:59:59 p.m. on a court day shall be deemed served on that court day. Any document that is served electronically on a noncourt day shall be deemed served on the next court day.
(6)A party or other person who has provided express consent to accept service electronically may withdraw consent at any time by completing and filing with the court the appropriate Judicial Council form. The Judicial Council shall create the form by January 1, 2019.
(7)Consent, or the withdrawal of consent, to receive electronic service may only be completed by a party or other person entitled to service or that persons attorney.
(8)Confidential or sealed records shall be electronically served through encrypted methods to ensure that the documents are not improperly disclosed.
(b)A trial court may adopt local rules permitting electronic filing of documents, subject to rules adopted pursuant to subdivision (e) and the following conditions:
(1)A document that is filed electronically shall have the same legal effect as an original paper document.
(2)(A)When a document to be filed requires the signature of any person, not under penalty of perjury, the document shall be deemed to have been signed by the person who filed the document electronically.
(B)When a document to be filed requires the signature, under penalty of perjury, of any person, the document shall be deemed to have been signed by that person if filed electronically and if either of the following conditions is satisfied:
(i)The person has signed a printed form of the document before, or on the same day as, the date of filing. The attorney or other person filing the document represents, by the act of filing, that the declarant has complied with this section. The attorney or other person filing the document shall maintain the printed form of the document bearing the original signature until final disposition of the case, as defined in subdivision (c) of Section 68151 of the Government Code, and make it available for review and copying upon the request of the court or any party to the action or proceeding in which it is filed.
(ii)The person has signed the document using a computer or other technology pursuant to the procedure set forth in a rule of court adopted by the Judicial Council by January 1, 2019.
(3)Any document received electronically by the court between 12:00 a.m. and 11:59:59 p.m. on a court day shall be deemed filed on that court day. Any document that is received electronically on a noncourt day shall be deemed filed on the next court day.
(4)The court receiving a document filed electronically shall issue a confirmation that the document has been received and filed. The confirmation shall serve as proof that the document has been filed.
(5)Upon electronic filing of a complaint, petition, or other document that must be served with a summons, a trial court, upon request of the party filing the action, shall issue a summons with the court seal and the case number. The court shall keep the summons in its records and may electronically transmit a copy of the summons to the requesting party. Personal service of a printed form of the electronic summons shall have the same legal effect as personal service of an original summons. If a trial court plans to electronically transmit a summons to the party filing a complaint, the court shall immediately, upon receipt of the complaint, notify the attorney or party that a summons will be electronically transmitted to the electronic address given by the person filing the complaint.
(6)The court shall permit a party or attorney to file an application for waiver of court fees and costs, in lieu of requiring the payment of the filing fee, as part of the process involving the electronic filing of a document. The court shall consider and determine the application in accordance with Article 6 (commencing with Section 68630) of Chapter 2 of Title 8 of the Government Code and shall not require the party or attorney to submit any documentation other than that set forth in Article 6 (commencing with Section 68630) of Chapter 2 of Title 8 of the Government Code. Nothing in this section shall require the court to waive a filing fee that is not otherwise waivable.
(7)A fee, if any, charged by the court, an electronic filing manager, or an electronic filing service provider to process a payment for filing fees and other court fees shall not exceed the costs incurred in processing the payment.
(c)If a trial court adopts rules conforming to subdivision (b), it may provide by order that all parties to an action file and serve documents electronically in a class action, a consolidated action, a group of actions, a coordinated action, or an action that is deemed complex under Judicial Council rules, provided that the trial courts order does not cause undue hardship or significant prejudice to any party in the action.
(d)A trial court may, by local rule, require electronic filing and service in civil actions, subject to the requirements and conditions stated in subdivision (b), the rules adopted by the Judicial Council under subdivision (f), and the following conditions:
(1)The court shall have the ability to maintain the official court record in electronic format for all cases where electronic filing is required.
(2)The court and the parties shall have access to more than one electronic filing service provider capable of electronically filing documents with the court or to electronic filing access directly through the court. The court may charge fees of no more than the actual cost of the electronic filing and service of the documents. Any fees charged by an electronic filing service provider shall be reasonable. The court, an electronic filing manager, or an electronic filing service provider shall waive any fees charged if the court deems a waiver appropriate, including in instances where a party has received a fee waiver.
(3)The court shall have a procedure for the filing of nonelectronic documents in order to prevent the program from causing undue hardship or significant prejudice to any party in an action, including, but not limited to, unrepresented parties. The Judicial Council shall make a form available to allow a party to seek an exemption from mandatory electronic filing and service on the grounds provided in this paragraph.
(4)Unrepresented persons are exempt from mandatory electronic filing and service.
(5)Until January 1, 2019, a local child support agency, as defined in subdivision (h) of Section 17000 of the Family Code, is exempt from a trial courts mandatory electronic filing and service requirements, unless the Department of Child Support Services and the local child support agency determine it has the capacity and functionality to comply with the trial courts mandatory electronic filing and service requirements.
(e)The Judicial Council shall adopt uniform rules for the electronic filing and service of documents in the trial courts of the state, which shall include statewide policies on vendor contracts, privacy, and access to public records, and rules relating to the integrity of electronic service. These rules shall conform to the conditions set forth in this section, as amended from time to time.
(f)The Judicial Council shall adopt uniform rules to permit the mandatory electronic filing and service of documents for specified civil actions in the trial courts of the state, which shall include statewide policies on vendor contracts, privacy, access to public records, unrepresented parties, parties with fee waivers, hardships, reasonable exceptions to electronic filing, and rules relating to the integrity of electronic service. These rules shall conform to the conditions set forth in this section, as amended from time to time.
(g)(1)The Judicial Council shall adopt uniform rules to implement this subdivision as soon as practicable, but no later than June 30, 2019.
(2)Any system for the electronic filing and service of documents, including any information technology applications, Internet Web sites, and Web-based applications, used by an electronic service provider or any other vendor or contractor that provides an electronic filing and service system to a trial court, regardless of the case management system used by the trial court, shall satisfy both of the following requirements:
(A)The system shall be accessible to individuals with disabilities, including parties and attorneys with disabilities, in accordance with Section 508 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794d), as amended, the regulations implementing that act set forth in Part 1194 of Title 36 of the Code of Federal Regulations and Appendices A, C, and D of that part, and the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.).
(B)The system shall comply with the Web Content Accessibility Guidelines 2.0 at a Level AA success criteria.
(3)A vendor or contractor that provides an electronic filing and service system to a trial court shall comply with paragraph (2) as soon as practicable, but no later than June 30, 2019. Commencing on June 27, 2017, the vendor or contractor shall provide an accommodation to an individual with a disability in accordance with subparagraph (D) of paragraph (4).
(4)A trial court that contracts with an entity for the provision of a system for electronic filing and service of documents shall require the entity, in the trial courts contract with the entity, to do all of the following:
(A)Test and verify that the entitys system complies with this subdivision and provide the verification to the Judicial Council no later than June 30, 2019.
(B)Respond to, and resolve, any complaints regarding the accessibility of the system that are brought to the attention of the entity.
(C)Designate a lead individual to whom any complaints concerning accessibility may be addressed and post the individuals name and contact information on the entitys Internet Web site.
(D)Provide to an individual with a disability, upon request, an accommodation to enable the individual to file and serve documents electronically at no additional charge for any time period that the entity is not compliant with paragraph (2) of this subdivision. Exempting an individual with a disability from mandatory electronic filing and service of documents shall not be deemed an accommodation unless the person chooses that as an accommodation. The vendor or contractor shall clearly state in its Internet Web site that an individual with a disability may request an accommodation and the process for submitting a request for an accommodation.
(5)A trial court that provides electronic filing and service of documents directly to the public shall comply with this subdivision to the same extent as a vendor or contractor that provides electronic filing and services to a trial court.
(6)(A)The Judicial Council shall submit four reports to the appropriate committees of the Legislature relating to the trial courts that have implemented a system of electronic filing and service of documents. The first report is due by June 30, 2018; the second report is due by December 31, 2019; the third report is due by December 31, 2021; and the fourth report is due by December 31, 2023.
(B)The Judicial Councils reports shall include all of the following information:
(i)The name of each court that has implemented a system of electronic filing and service of documents.
(ii)A description of the system of electronic filing and service.
(iii)The name of the entity or entities providing the system.
(iv)A statement as to whether the system complies with this subdivision and, if the system is not fully compliant, a description of the actions that have been taken to make the system compliant.
(7)An entity that contracts with a trial court to provide a system for electronic filing and service of documents shall cooperate with the Judicial Council by providing all information, and by permitting all testing, necessary for the Judicial Council to prepare its reports to the Legislature in a complete and timely manner.
SEC. 3.Section 1011 of the Code of Civil Procedure is amended to read:1011.The service may be personal, by delivery to the party or attorney on whom the service is required to be made, or it may be as follows:
(a)If upon an attorney, service may be made at the attorneys office, by leaving the notice or other papers in an envelope or package clearly labeled to identify the attorney being served, with a receptionist or with a person having charge thereof. If there is no person in the office with whom the notice or papers may be left for purposes of this subdivision at the time service is to be effected, service may be made by leaving them between the hours of nine in the morning and five in the afternoon, in a conspicuous place in the office, or, if the attorneys office is not open so as to admit of that service, then service may be made by leaving the notice or papers at the attorneys residence, with some person of not less than 18 years of age, if the attorneys residence is in the same county with his or her office, and, if the attorneys residence is not known or is not in the same county with his or her office, or, being in the same county, it is not open, or a person 18 years of age or older cannot be found at the attorneys residence, then service may be made by putting the notice or papers, enclosed in a sealed envelope, into the post office or a mail box, subpost office, substation, or mail chute or other like facility regularly maintained by the Government of the United States directed to the attorney at his or her office, if known, and otherwise to the attorneys residence, if known. If neither the attorneys office nor residence is known, service may be made by delivering the notice or papers to the address of the attorney or party of record as designated on the court papers, or by delivering the notice or papers to the clerk of the court, for the attorney.
(b)If upon a party, service shall be made in the manner specifically provided in particular cases, or, if no specific provision is made, service may be made by leaving the notice or other paper at the partys residence, between the hours of eight in the morning and six in the evening, with some person of not less than 18 years of age. If, at the time of attempted service between those hours, a person 18 years of age or older cannot be found at the partys residence, the notice or papers may be served by mail. If the partys residence is not known, service may be made by delivering the notice or papers to the clerk of the court, for that party.
(c)If service is made by electronic service, it shall be made pursuant to Section 1010.6 and applicable rules on electric service in the California Rules of Court.
SEC. 4.Section 1013b is added to the Code of Civil Procedure, to read:1013b.(a)Proof of electronic service may be made by any of the following methods:
(1)An affidavit setting forth the exact title of the document served and filed in the cause, showing the name and residence or business address of the person making the service, showing that he or she is a resident of or employed in the county where the filing occurs, and that he or she is over the age of 18 years.
(2)A certificate setting forth the exact title of the document served and filed in the cause, showing the name and business address of the person making the service, and showing that he or she is an active member of the State Bar of California.
(3)An affidavit setting forth the exact title of the document served and filed in the cause, showing (A) the name and residence or business address of the person making the service, (B) that he or she is a resident of, or employed in, the county where the filing occurs, (C) that he or she is over the age of 18 years, (D) that he or she is readily familiar with the business practice for filing electronically, and (E) that the document would be electronically filed that same day in the ordinary course of business following ordinary business practices.
(4)In case of service by the clerk of a court of record, a certificate by that clerk setting forth the exact title of the document served and filed in the cause, showing the name of the clerk and the name of the court of which he or she is the clerk.
(b)Proof of electronic service shall include all of the following:
(1)The electronic service address and the residence or business address of the person making the electronic service.
(2)The date of electronic service.
(3)The name and electronic service address of the person served.
(4)A statement that the document was served electronically.
(c)Proof of electronic service shall be signed as provided in subparagraph (B) of paragraph (2) of subdivision (b) of Section 1010.6.
(d)Proof of electronic service may be in electronic form and may be filed electronically with the court.
SEC. 4.5.Section 1020 of the Code of Civil Procedure is amended to read:1020.(a)Any notice required by law, other than those required to be given to a party to an action or to his attorney, the service of which is not governed by the other sections of this chapter and which is not otherwise specifically provided for by law, may be given by sending the same by registered mail with proper postage prepaid addressed to the addressees last known address with request for return receipt, and the production of a returned receipt purporting to be signed by the addressee shall create a disputable presumption that such notice was received by the person to whom the notice was required to be sent.
(b)Electronic service is not authorized for a notice that requires certified or registered mail.
SEC. 5.Section 690.5 is added to the Penal Code, to read:690.5.(a)Subdivisions (a) and (b) of Section 1010.6 of the Code of Civil Procedure, pertaining to the permissive filing and service of documents, are applicable to criminal actions, except as otherwise provided in Section 959.1 or any other provision of this code.
(b)The Judicial Council shall adopt uniform rules for the electronic filing and service of documents in criminal cases in the trial courts of this state.
SEC. 6.Section 331 of the Probate Code is amended to read:331.(a)This section applies only to a safe deposit box in a financial institution held by the decedent in the decedents sole name, or held by the decedent and others where all are deceased. Nothing in this section affects the rights of a surviving coholder.
(b)A person who has a key to the safe deposit box may, before letters have been issued, obtain access to the safe deposit box only for the purposes specified in this section by providing the financial institution with both of the following:
(1)Proof of the decedents death. Proof shall be provided by a certified copy of the decedents death certificate or by a written statement of death from the coroner, treating physician, or hospital or institution where the decedent died.
(2)Reasonable proof of the identity of the person seeking access. Reasonable proof of identity is provided for the purpose of this paragraph if the requirements of Section 13104 are satisfied.
(c)The financial institution has no duty to inquire into the truth of any statement, declaration, certificate, affidavit, or document offered as proof of the decedents death or proof of identity of the person seeking access.
(d)If the person seeking access has satisfied the requirements of subdivision (b), the financial institution shall do all of the following:
(1)Keep a record of the identity of the person.
(2)Permit the person to open the safe deposit box under the supervision of an officer or employee of the financial institution, and to make an inventory of its contents.
(3)Make a photocopy of all wills and trust instruments removed from the safe deposit box, and keep the photocopy in the safe deposit box until the contents of the box are removed by the personal representative of the estate or other legally authorized person. The financial institution may charge the person given access a reasonable fee for photocopying.
(4)Permit the person given access to remove instructions for the disposition of the decedents remains, and, after a photocopy is made, to remove the wills and trust instruments.
(e)The person given access shall deliver all wills found in the safe deposit box to the clerk of the superior court and deliver a copy pursuant to Section 1215 to the person named in the will as executor or beneficiary as provided in Section 8200.
(f)Except as provided in subdivision (d), the person given access shall not remove any of the contents of the decedents safe deposit box.
SEC. 7.Section 366 of the Probate Code is amended to read:366.Notice of a hearing under this part shall be delivered pursuant to Section 1215 at least 15 days before the hearing to each fiduciary and consultant, and to the following persons:
(a)In the case of a trust, to each known beneficiary, subject to the provisions of Chapter 2 (commencing with Section 15800) of Part 3 of Division 9.
(b)In the case of a decedents estate, as provided in Section 1220, to both of the following:
(1)Each known heir whose interest in the estate would be affected by the proceedings.
(2)Each known devisee whose interest in the estate would be affected by the proceedings.
(c)In the case of a guardianship or conservatorship estate, as provided in Section 1460.
(d)In other cases, to any additional interested persons required by the court to receive notice.
SEC. 8.Section 453 of the Probate Code is amended to read:453.(a)On petition of a person required to appear before the probate referee pursuant to this chapter, the court may make a protective order to protect the person from annoyance, embarrassment, or oppression. The petitioner shall deliver pursuant to Section 1215 notice of the hearing on the petition to the probate referee and to the personal representative, guardian, conservator, or other fiduciary at least 15 days before the date set for the hearing. Any subpoena issued by the probate referee is stayed during the pendency of the petition.
(b)On petition of the probate referee, the court may make an order to show cause why a person who is required, but fails, to appear before the probate referee pursuant to this chapter, should not be compelled to do so. The probate referee shall deliver pursuant to Section 1215 notice of the hearing on the petition to the person at least 15 days before the date set for the hearing.
SEC. 9.Section 711 of the Probate Code is amended to read:711.If a document deposited with an attorney is lost or destroyed, the attorney shall give notice of the loss or destruction to the depositor by one of the following methods:
(a)By delivering pursuant to Section 1215 the notice to the depositors last known address.
(b)By the method most likely to give the depositor actual notice.
SEC. 10.Section 715 of the Probate Code is amended to read:715.An attorney may give written notice to a depositor, and obtain written acknowledgment from the depositor, in the following form:
NOTICE AND ACKNOWLEDGMENT |
To: | (Name of depositor) |
(Address) |
(City, state, and ZIP) |
(Electronic address) |
I have accepted your will or other estate planning document for safekeeping. I must use ordinary care for preservation of the document.
You must keep me advised of any change in your addresses shown above. If you do not and I cannot return this document to you when necessary, I will no longer be required to use ordinary care for preservation of the document, and I may transfer it to another attorney, or I may transfer it to the clerk of the superior court of the county of your last known domicile, and give notice of the transfer to the State Bar of California.
(Signature of attorney) |
(Address of attorney) |
(City, state, and ZIP) |
(Electronic address) |
My addresses shown above are correct. I understand that I must keep you advised of any change in these addresses.
Dated: |
(Signature of depositor) |
(a)An attorney may terminate a deposit under this section if the attorney has delivered notice pursuant to Section 1215 to reclaim the document to the depositors last known address and the depositor has failed to reclaim the document within 90 days after delivery.
(b)Subject to subdivision (f), an attorney may terminate a deposit under this section by transferring the document to another attorney. All documents transferred under this subdivision shall be transferred to the same attorney.
(c)Subject to subdivision (f), if an attorney is deceased, lacks legal capacity, or is no longer an active member of the State Bar, a deposit may be terminated under this section by transferring the document to the clerk of the superior court of the county of the depositors last known domicile. The attorney shall advise the clerk that the document is being transferred pursuant to this section.
(d)An attorney may not accept a fee or compensation from a transferee for transferring a document under this section. An attorney may charge a fee for receiving a document under this section.
(e)Transfer of a document by an attorney under this section is not a waiver or breach of any privilege or confidentiality associated with the document, and is not a violation of the rules of professional conduct. If the document is privileged under Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code, the document remains privileged after the transfer.
(f)If the document is a will and the attorney has actual notice that the depositor has died, the attorney may terminate a deposit only as provided in Section 734.
SEC. 12.Section 733 of the Probate Code is amended to read:733.(a)An attorney transferring one or more documents under Section 732 shall deliver notice pursuant to Section 1215 of the transfer to the State Bar of California. The notice shall contain all of the following information:
(1)The name of the depositor.
(2)The date of the transfer.
(3)The name, address, and State Bar number of the transferring attorney.
(4)Whether any documents are transferred to an attorney, and the name, address, and State Bar number of the attorney to whom the documents are transferred.
(5)Whether any documents are transferred to a superior court clerk.
(b)The State Bar shall record only one notice of transfer for each transferring attorney. The State Bar shall prescribe the form for the notice of transfer. On request by any person, the State Bar shall give that person information in the notice of transfer. At its sole election, the State Bar may give the information orally or in writing.
SEC. 13.Section 1050 of the Probate Code is amended to read:1050.The judgment roll in a proceeding under this code consists of the following papers, where applicable:
(a)In all cases:
(1)The petition, application, report, or account that initiates a particular proceeding.
(2)Any order directing notice of the hearing to be given.
(3)Any notice of the hearing, and any order to show cause made in the proceeding, with the affidavits showing publication, posting, or delivery pursuant to Section 1215 of the notice or order as may be required by law or court order.
(4)Any citation, in case no answer or written opposition is filed by a party entitled, by law or court order, to notice of the proceeding by citation, with the affidavit or proof of service and, if service of the citation is made by publication, the affidavit of publication and the order directing publication.
(5)Any finding of the court or referee in the proceeding.
(6)The order or statement of decision made in the proceeding.
(7)Any letters, as defined in Section 52.
(b)If an answer, demurrer, written opposition, or counter petition is filed in a proceeding:
(1)Pleadings and papers in the nature of pleadings.
(2)Any orders striking out a pleading in whole or in part.
(3)Any order made on demurrer, or relating to a change of parties, in the proceeding.
(4)The verdict of the jury, if any.
(c)If the proceeding is for the probate of a will, the will.
(d)If the proceeding is a contest of a will, for the revocation of the probate of a will, or for a preliminary or final distribution of the estate under a will:
(1)The will.
(2)The order admitting the will to probate.
(e)If the proceeding is for the settlement of the final account of a personal representative or for the final distribution of an estate, the affidavit showing publication of notice to creditors.
SEC. 14.Section 1209 of the Probate Code is amended to read:1209.(a)If notice is required to be given to the State of California, the notice shall be given to the Attorney General.
(b)If notice is required to be given to the Attorney General, the notice shall be delivered pursuant to Section 1215 to the Attorney General at the office of the Attorney General at Sacramento, California.
SEC. 15.Section 1212 of the Probate Code is amended to read:1212.Unless the court dispenses with the notice, if the address of the person to whom a notice or other paper is required to be delivered pursuant to Section 1215 is not known, notice shall be given as the court may require in the manner provided in Section 413.30 of the Code of Civil Procedure.
SEC. 16.Section 1213 of the Probate Code is amended to read:1213.(a)The following persons shall deliver pursuant to Section 1215 a notice, as described in Section 1211, to a surety who has filed a court bond in a proceeding:
(1)A person who files a petition to surcharge.
(2)A person who files an objection to an account.
(3)A person who files a petition to suspend or remove a guardian, conservator, or personal representative.
(4)An attorney who files a motion to withdraw from representation of a guardian, conservator, or personal representative.
(b)Within five days after entry of an order to suspend or remove a guardian, conservator, or personal representative, the person who filed a petition to suspend or remove a guardian or, if the order to suspend or remove a guardian, conservator, or personal representative was issued upon a motion by the court, the court, shall notify pursuant to Section 1215 the surety who has filed a court bond of the order.
(c)The notice required by this section shall be delivered pursuant to Section 1215 to the addressee listed on the surety bond.
(d)Notwithstanding subdivisions (a) and (b), notice is not required to a surety pursuant to this section if the surety bond is for a guardian, conservator, or personal representative who is not the subject of the petition, motion, or order described in this section.
SEC. 17.Section 1214 of the Probate Code is amended to read:1214.If a notice or other paper is required or permitted to be served or delivered pursuant to Section 1215 to a person who is represented by an attorney of record, the notice or other paper shall also be delivered pursuant to Section 1215 to this attorney, unless otherwise specified in a request for special notice.
SEC. 18.Section 1215 of the Probate Code is amended to read:1215.Unless otherwise expressly provided, a notice or other paper that is required or permitted to be delivered to a person shall be delivered pursuant to one of the following methods:
(a)Delivery by mail.
(1)A notice or other paper shall be delivered by mail as follows:
(A)By first-class mail if the persons address is within the United States. First-class mail includes certified, registered, and express mail.
(B)By international mail if the persons address is not within the United States. International mail includes first-class mail international, priority mail international, priority mail express international, and global express guaranteed.
(2)The notice or other paper shall be deposited for collection in the United States mail, in a sealed envelope, with postage paid, addressed to the person to whom it is mailed.
(3)Subject to Section 1212, the notice or other paper shall be addressed to the person at the persons place of business or place of residence.
(4)Delivery by mail is complete when the notice or other paper is deposited in the mail. The period of notice is not extended.
(b)Personal delivery.
(1)A notice or other paper may be delivered personally to that person.
(2)Personal delivery is complete when the notice or other paper is delivered personally to the person who is to receive it.
(c)Electronic delivery.
(1)A notice or other paper shall not be delivered by electronic means unless the person to receive notice has expressly consented on the appropriate Judicial Council form to receive electronic delivery in the proceeding before the court and has provided an electronic address for that express purpose.
(2)Electronic delivery is complete when the notice or other paper is sent. The period of notice is not extended.
(3)Electronic delivery is not permitted for a notice or other paper that requires delivery by certified or registered mail.
SEC. 19.Section 1216 of the Probate Code is repealed.SEC. 20.Section 1217 of the Probate Code is amended to read:1217.If a notice or other paper is required to be served or otherwise given and no other manner of giving the notice or other paper is specified by statute, the notice or other paper shall be delivered pursuant to Section 1215.
SEC. 21.Section 1220 of the Probate Code is amended to read:1220.(a)If notice of hearing is required to be given as provided in this section:
(1)At least 15 days before the time set for the hearing, the petitioner or the person filing the report, account, or other paper shall cause notice of the time and place of the hearing to be delivered pursuant to Section 1215 to the persons required to be given notice.
(2)Unless the statute requiring notice specifies the persons to be given notice, notice shall be delivered pursuant to Section 1215 to all of the following:
(A)The personal representative.
(B)All persons who have requested special notice in the estate proceeding pursuant to Section 1250.
(3)Subject to Section 1212, the notice shall be delivered pursuant to Section 1215 to the person required to be given notice at the persons place of business, place of residence, or electronic address.
(b)Subject to subdivision (c), this section does not excuse compliance with the requirements for notice to a person who has requested special notice pursuant to Chapter 6 (commencing with Section 1250).
(c)The court for good cause may dispense with the notice otherwise required to be given to a person as provided in this section.
SEC. 22.Section 1250 of the Probate Code is amended to read:1250.(a)At any time after the issuance of letters in a proceeding under this code for the administration of a decedents estate, any person interested in the estate, whether as devisee, heir, creditor, beneficiary under a trust, or as otherwise interested, may, in person or by attorney, file with the court clerk a written request for special notice.
(b)The request for special notice shall be so entitled and shall set forth the name of the person and the address to which notices shall be delivered pursuant to Section 1215.
(c)Special notice may be requested of one or more of the following matters:
(1)Petitions filed in the administration proceeding.
(2)Inventories and appraisals of property in the estate, including any supplemental inventories and appraisals.
(3)Objections to an appraisal.
(4)Accounts of a personal representative.
(5)Reports of status of administration.
(d)Special notice may be requested of any matter in subdivision (c) by describing it, or of all the matters in subdivision (c) by referring generally to the matters described in subdivision (c) of Section 1250 of the Probate Code or by using words of similar meaning.
(e)A copy of the request shall be delivered pursuant to Section 1215 to the personal representative or to the attorney for the personal representative. If personally delivered, the request is effective when it is delivered. If mailed or electronically delivered, the request is effective when it is received.
(f)If the original of the request is filed with the court clerk, it shall be accompanied by a written admission or proof of service.
SEC. 23.Section 1252 of the Probate Code is amended to read:1252.(a)Unless the court makes an order dispensing with the notice, if a request has been made pursuant to Section 1250 for special notice of a hearing, the person filing the petition, report, account, or other paper shall give written notice of the filing, together with a copy of the petition, report, account, or other paper, and the time and place set for the hearing, by delivering the documents pursuant to Section 1215 to the person named in the request at the address set forth in the request, at least 15 days before the time set for the hearing.
(b)If a request has been made pursuant to Section 1250 for special notice of the filing of an inventory and appraisal of the estate or of the filing of any other paper that does not require a hearing, the inventory and appraisal or other paper shall be delivered pursuant to Section 1215 not later than 15 days after the inventory and appraisal or other paper is filed with the court.
SEC. 24.Section 1265 of the Probate Code is amended and renumbered to read:1266.Proof of notice, however given, may be made by evidence presented at the hearing.
SEC. 25.Section 1265 is added to the Probate Code, to read:1265.Proof of electronic delivery may be made in the manner prescribed in Section 1013b of the Code of Civil Procedure.
SEC. 26.Section 1460 of the Probate Code is amended to read:1460.(a)Subject to Sections 1202 and 1203, if notice of hearing is required under this division but the applicable provision does not fix the manner of giving notice of hearing, the notice of the time and place of the hearing shall be given at least 15 days before the day of the hearing as provided in this section.
(b)Subject to subdivision (e), the petitioner, who includes, for purposes of this section, a person filing a petition, report, or account, shall cause the notice of hearing to be delivered pursuant to Section 1215, to each of the following persons:
(1)The guardian or conservator.
(2)The ward or the conservatee.
(3)The spouse of the ward or conservatee, if the ward or conservatee has a spouse, or the domestic partner of the conservatee, if the conservatee has a domestic partner.
(4)Any person who has requested special notice of the matter, as provided in Section 2700.
(5)For any hearing on a petition to terminate a guardianship, to accept the resignation of, or to remove the guardian, the persons described in subdivision (c) of Section 1510.
(6)For any hearing on a petition to terminate a conservatorship, to accept the resignation of, or to remove the conservator, the persons described in subdivision (b) of Section 1821.
(c)The clerk of the court shall cause the notice of the hearing to be posted as provided in Section 1230 if the posting is required by subdivision (c) of Section 2543.
(d)Except as provided in subdivision (e), this section does not excuse compliance with the requirements for notice to a person who has requested special notice pursuant to Chapter 10 (commencing with Section 2700) of Part 4.
(e)The court, for good cause, may dispense with the notice otherwise required to be given to a person as provided in this section.
SEC. 27.Section 1461 of the Probate Code is amended to read:1461.(a)As used in this section, director means:
(1)The Director of State Hospitals when the state hospital referred to in subdivision (b) is under the jurisdiction of the State Department of State Hospitals.
(2)The Director of Developmental Services when the state hospital referred to in subdivision (b) is under the jurisdiction of the State Department of Developmental Services.
(b)Notice of the time and place of hearing on the petition, report, or account, and a copy of the petition, report, or account, shall be delivered pursuant to Section 1215 to the director at the directors office in Sacramento or to the electronic address designated by the director for receipt of notice pursuant to this code, at least 15 days before the hearing if both of the following conditions exist:
(1)The ward or conservatee is or has been during the guardianship or conservatorship proceeding a patient in, or on leave from, a state hospital under the jurisdiction of the State Department of State Hospitals or the State Department of Developmental Services.
(2)The petition, report, or account is filed under any one or more of the following provisions: Section 1510, 1820, 1861, 2212, 2403, 2421, 2422, or 2423; Article 7 (commencing with Section 2540) of Chapter 6 of Part 4; Section 2580, 2592, or 2620; Chapter 9.5 (commencing with Section 2670) of Part 4; Section 3080 or 3088; or Chapter 3 (commencing with Section 3100) of Part 6. Notice under this section is not required in the case of an account pursuant to Section 2620 if the total guardianship or conservatorship assets are less than one thousand five hundred dollars ($1,500) and the gross annual income, exclusive of any public assistance income, is less than six thousand dollars ($6,000), and the ward or conservatee is not a patient in, or on leave or on outpatient status from, a state hospital at the time of the filing of the petition.
(c)If the ward or conservatee has been discharged from the state hospital, the director, upon ascertaining the facts, may file with the court a certificate stating that the ward or conservatee is not indebted to the state and waive the giving of further notices under this section. Upon the filing of the certificate of the director, compliance with this section thereafter is not required unless the certificate is revoked by the director and notice of the revocation is filed with the court.
(d)The statute of limitations does not run against any claim of the State Department of State Hospitals or the State Department of Developmental Services against the estate of the ward or conservatee for board, care, maintenance, or transportation with respect to an account that is settled without giving the notice required by this section.
SEC. 28.Section 1461.4 of the Probate Code is amended to read:1461.4.(a)The petitioner shall deliver pursuant to Section 1215 a notice of the hearing and a copy of the petition to the director of the regional center for the developmentally disabled at least 30 days before the day of the hearing on a petition for appointment in any case in which all of the following conditions exist:
(1)The proposed ward or conservatee has developmental disabilities.
(2)The proposed guardian or conservator is not the natural parent of the proposed ward or conservatee.
(3)The proposed guardian or conservator is a provider of board and care, treatment, habilitation, or other services to persons with developmental disabilities or is a spouse or employee of a provider.
(4)The proposed guardian or conservator is not a public entity.
(b)The regional center shall file a written report and recommendation with the court regarding the suitability of the petitioners to meet the needs of the proposed ward or conservatee in any case described in subdivision (a).
SEC. 29.Section 1461.5 of the Probate Code is amended to read:1461.5.Notice of the time and place of hearing on a petition, report, or account, and a notice of the filing of an inventory, together with a copy of the petition, report, inventory, or account, shall be delivered pursuant to Section 1215 to the office of the Veterans Administration having jurisdiction over the area in which the court is located at least 15 days before the hearing, or within 15 days after the inventory is filed, if both of the following conditions exist:
(a)The guardianship or conservatorship estate consists or will consist wholly or in part of any of the following:
(1)Money received from the Veterans Administration.
(2)Revenue or profit from such money or from property acquired wholly or in part from such money.
(3)Property acquired wholly or in part with such money or from such property.
(b)The petition, report, inventory, or account is filed under any one or more of the following provisions: Section 1510, 1601, 1820, 1861, 1874, 2422, or 2423; Article 7 (commencing with Section 2540) of Chapter 6 of Part 4; Section 2570, 2571, 2580, 2592, 2610, 2613, or 2620; Chapter 8 (commencing with Section 2640) of Part 4; Chapter 9.5 (commencing with Section 2670) of Part 4; Section 3080 or 3088; or Chapter 3 (commencing with Section 3100) of Part 6.
SEC. 30.Section 1511 of the Probate Code is amended to read:1511.(a)Except as provided in subdivisions (f) and (g), at least 15 days before the hearing on the petition for the appointment of a guardian, notice of the time and place of the hearing shall be given as provided in subdivisions (b), (c), (d), and (e) of this section. The notice shall be accompanied by a copy of the petition. The court shall not shorten the time for giving the notice of hearing under this section.
(b)Notice shall be served in the manner provided in Section 415.10 or 415.30 of the Code of Civil Procedure, or in any manner authorized by the court, on all of the following persons:
(1)The proposed ward if 12 years of age or older.
(2)Any person having legal custody of the proposed ward, or serving as guardian of the estate of the proposed ward.
(3)The parents of the proposed ward.
(4)Any person nominated as a guardian for the proposed ward under Section 1500 or 1501.
(c)Notice shall be delivered pursuant to Section 1215 to the addresses stated in the petition, or in any manner authorized by the court, to all of the following:
(1)The spouse named in the petition.
(2)The relatives named in the petition, except that if the petition is for the appointment of a guardian of the estate only the court may dispense with the giving of notice to any one or more or all of the relatives.
(3)The person having the care of the proposed ward if other than the person having legal custody of the proposed ward.
(d)If notice is required by Section 1461 or 1542 to be given to the Director of State Hospitals or the Director of Developmental Services or the Director of Social Services, notice shall be delivered pursuant to Section 1215 as required.
(e)If the petition states that the proposed ward is receiving or is entitled to receive benefits from the Veterans Administration, notice shall be delivered pursuant to Section 1215 to the office of the Veterans Administration referred to in Section 1461.5.
(f)Unless the court orders otherwise, notice shall not be given to any of the following:
(1)The parents or other relatives of a proposed ward who has been relinquished to a licensed adoption agency.
(2)The parents of a proposed ward who has been judicially declared free from their custody and control.
(g)Notice need not be given to any person if the court so orders upon a determination of either of the following:
(1)The person cannot with reasonable diligence be given the notice.
(2)The giving of the notice would be contrary to the interest of justice.
(h)Before the appointment of a guardian is made, proof shall be made to the court that each person entitled to notice under this section either:
(1)Has been given notice as required by this section.
(2)Has not been given notice as required by this section because the person cannot with reasonable diligence be given the notice or because the giving of notice to that person would be contrary to the interest of justice.
(i)If notice is required by Section 1460.2 to be given to an Indian custodian or tribe, notice shall be mailed as required.
SEC. 31.Section 1513.2 of the Probate Code is amended to read:1513.2.(a)To the extent resources are available, the court shall implement procedures, as described in this section, to ensure that every guardian annually completes and returns to the court a status report, including the statement described in subdivision (b). A guardian who willfully submits any material information required by the form which he or she knows to be false shall be guilty of a misdemeanor. Not later than one month before the date the status report is required to be returned, the clerk of the court shall deliver a notice pursuant to Section 1215 to the guardian informing the guardian that he or she is required to complete and return the status report to the court. The clerk shall enclose with the letter a blank status report form for the guardian to complete and return. If the status report is not completed and returned as required, or if the court finds, after a status report has been completed and returned, that further information is needed, the court shall attempt to obtain the information required in the report from the guardian or other sources. If the court is unable to obtain this information within 30 days after the date the status report is due, the court shall either order the guardian to make himself or herself available to the investigator for purposes of investigation of the guardianship, or to show cause why the guardian should not be removed.
(b)The Judicial Council shall develop a form for the status report. The form shall include the following statement: A guardian who willfully submits any material information required by this form which he or she knows to be false is guilty of a misdemeanor. The form shall request information the Judicial Council deems necessary to determine the status of the guardianship, including, but not limited to, the following:
(1)The guardians present address and electronic address.
(2)The name and birth date of the child under guardianship.
(3)The name of the school in which the child is enrolled, if any.
(4)If the child is not in the guardians home, the name, relationship, address, electronic address, and telephone number of the person or persons with whom the child resides.
(5)If the child is not in the guardians home, why the child was moved.
(c)The report authorized by this section is confidential and shall only be made available to persons who have been served in the proceedings or their attorneys. The clerk of the court shall implement procedures for the limitation of the report exclusively to persons entitled to its receipt.
SEC. 32.Section 1516 of the Probate Code is amended to read:1516.(a)In each case involving a petition for guardianship of the person, the petitioner shall deliver pursuant to Section 1215 a notice of the hearing and a copy of the petition, at least 15 days before the hearing, to the local agency designated by the board of supervisors to investigate guardianships for the court. The local social services agency providing child protection services shall screen the name of the guardian for prior referrals of neglect or abuse of minors. The results of this screening shall be provided to the court.
(b)This section does not apply to guardianships resulting from a permanency plan for a dependent child pursuant to Section 366.25 of the Welfare and Institutions Code.
SEC. 33.Section 1542 of the Probate Code is amended to read:1542.In each case involving a petition for guardianship of the person, the petitioner shall deliver pursuant to Section 1215 a notice of the hearing and a copy of the petition, at least 15 days before the hearing, to the Director of Social Services at the directors office in Sacramento and to the local agency designated by the board of supervisors to investigate guardianships for the court.
SEC. 34.Section 1822 of the Probate Code is amended to read:1822.(a)At least 15 days before the hearing on the petition for appointment of a conservator, notice of the time and place of the hearing shall be given as provided in this section. The notice shall be accompanied by a copy of the petition. The court shall not shorten the time for giving the notice of hearing under this section.
(b)Notice shall be delivered pursuant to Section 1215 to the following persons:
(1)The spouse, if any, or registered domestic partner, if any, of the proposed conservatee at the address stated in the petition.
(2)The relatives named in the petition at their addresses stated in the petition.
(c)If notice is required by Section 1461 to be given to the Director of State Hospitals or the Director of Developmental Services, notice shall be delivered pursuant to Section 1215 as required.
(d)If the petition states that the proposed conservatee is receiving or is entitled to receive benefits from the Veterans Administration, notice shall be mailed to the Office of the Veterans Administration referred to in Section 1461.5.
(e)If the proposed conservatee is a person with developmental disabilities, at least 30 days before the day of the hearing on the petition, the petitioner shall deliver pursuant to Section 1215 a notice of the hearing and a copy of the petition to the regional center identified in Section 1827.5.
(f)If the petition states that the petitioner and the proposed conservator have no prior relationship with the proposed conservatee and are not nominated by a family member, friend, or other person with a relationship to the proposed conservatee, notice shall be delivered pursuant to Section 1215 to the public guardian of the county in which the petition is filed.
SEC. 35.Section 1826 of the Probate Code is amended to read:1826.(a)Regardless of whether the proposed conservatee attends the hearing, the court investigator shall do all of the following:
(1)Conduct the following interviews:
(A)The proposed conservatee personally.
(B)All petitioners and all proposed conservators who are not petitioners.
(C)The proposed conservatees spouse or registered domestic partner and relatives within the first degree. If the proposed conservatee does not have a spouse, registered domestic partner, or relatives within the first degree, to the greatest extent possible, the proposed conservatees relatives within the second degree.
(D)To the greatest extent practical and taking into account the proposed conservatees wishes, the proposed conservatees relatives within the second degree not required to be interviewed under subparagraph (C), neighbors, and, if known, close friends.
(2)Inform the proposed conservatee of the contents of the citation, of the nature, purpose, and effect of the proceeding, and of the right of the proposed conservatee to oppose the proceeding, to attend the hearing, to have the matter of the establishment of the conservatorship tried by jury, to be represented by legal counsel if the proposed conservatee so chooses, and to have legal counsel appointed by the court if unable to retain legal counsel.
(3)Determine if it appears that the proposed conservatee is unable to attend the hearing and, if able to attend, whether the proposed conservatee is willing to attend the hearing.
(4)Review the allegations of the petition as to why the appointment of the conservator is required and, in making his or her determination, do the following:
(A)Refer to the supplemental information form submitted by the petitioner and consider the facts set forth in the form that address each of the categories specified in paragraphs (1) to (5), inclusive, of subdivision (a) of Section 1821.
(B)Consider, to the extent practicable, whether he or she believes the proposed conservatee suffers from any of the mental function deficits listed in subdivision (a) of Section 811 that significantly impairs the proposed conservatees ability to understand and appreciate the consequences of his or her actions in connection with any of the functions described in subdivision (a) or (b) of Section 1801 and identify the observations that support that belief.
(5)Determine if the proposed conservatee wishes to contest the establishment of the conservatorship.
(6)Determine if the proposed conservatee objects to the proposed conservator or prefers another person to act as conservator.
(7)Determine if the proposed conservatee wishes to be represented by legal counsel and, if so, whether the proposed conservatee has retained legal counsel and, if not, the name of an attorney the proposed conservatee wishes to retain.
(8)(A)Determine if the proposed conservatee is incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and may be disqualified from voting pursuant to Section 2208 of the Elections Code.
(B)The proposed conservatee shall not be disqualified from voting on the basis that he or she does, or would need to do, any of the following to complete an affidavit of voter registration:
(i)Signs the affidavit of voter registration with a mark or a cross pursuant to subdivision (b) of Section 2150 of the Elections Code.
(ii)Signs the affidavit of voter registration by means of a signature stamp pursuant to Section 354.5 of the Elections Code.
(iii)Completes the affidavit of voter registration with the assistance of another person pursuant to subdivision (d) of Section 2150 of the Elections Code.
(iv)Completes the affidavit of voter registration with reasonable accommodations.
(9)If the proposed conservatee has not retained legal counsel, determine if the proposed conservatee desires the court to appoint legal counsel.
(10)Determine if the appointment of legal counsel would be helpful to the resolution of the matter or is necessary to protect the interests of the proposed conservatee in a case where the proposed conservatee does not plan to retain legal counsel and has not requested the appointment of legal counsel by the court.
(11)Report to the court in writing, at least five days before the hearing, concerning all of the foregoing, including the proposed conservatees express communications concerning both of the following:
(A)Representation by legal counsel.
(B)If the proposed conservatee is not willing to attend the hearing, does not wish to contest the establishment of the conservatorship, and does not object to the proposed conservator or prefers that another person act as conservator.
(12)Deliver pursuant to Section 1215, at least five days before the hearing, a copy of the report referred to in paragraph (11) to all of the following:
(A)The attorney, if any, for the petitioner.
(B)The attorney, if any, for the proposed conservatee.
(C)The proposed conservatee.
(D)The spouse, registered domestic partner, and relatives within the first degree of the proposed conservatee who are required to be named in the petition for appointment of the conservator, unless the court determines that the delivery will harm the conservatee.
(E)Any other persons as the court orders.
(b)The court investigator has discretion to release the report required by this section to the public conservator, interested public agencies, and the long-term care ombudsperson.
(c)The report required by this section is confidential and shall be made available only to parties, persons described in paragraph (12) of subdivision (a), persons given notice of the petition who have requested this report or who have appeared in the proceedings, their attorneys, and the court. The court has discretion at any other time to release the report, if it would serve the interests of the conservatee. The clerk of the court shall provide for the limitation of the report exclusively to persons entitled to its receipt.
(d)This section does not apply to a proposed conservatee who has personally executed the petition for conservatorship, or a proposed conservatee who has nominated his or her own conservator, if he or she attends the hearing.
(e)If the court investigator has performed an investigation within the preceding six months and furnished a report thereon to the court, the court may order, upon good cause shown, that another investigation is not necessary or that a more limited investigation may be performed.
(f)An investigation by the court investigator related to a temporary conservatorship also may be a part of the investigation for the general petition for conservatorship, but the court investigator shall make a second visit to the proposed conservatee and the report required by this section shall include the effect of the temporary conservatorship on the proposed conservatee.
(g)The Judicial Council shall, on or before January 1, 2009, adopt rules of court and Judicial Council forms as necessary to implement an expedited procedure to authorize, by court order, a proposed conservatees health care provider to disclose confidential medical information about the proposed conservatee to a court investigator pursuant to federal medical information privacy regulations promulgated under the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191).
(h)A superior court shall not be required to perform any duties imposed pursuant to the amendments to this section enacted by Chapter 493 of the Statutes of 2006 until the Legislature makes an appropriation identified for this purpose.
SEC. 36.Section 1827.5 of the Probate Code is amended to read:1827.5.(a)In the case of any proceeding to establish a limited conservatorship for a person with developmental disabilities, within 30 days after the filing of a petition for limited conservatorship, a proposed limited conservatee, with his or her consent, shall be assessed at a regional center as provided in Chapter 5 (commencing with Section 4620) of Division 4.5 of the Welfare and Institutions Code. The regional center shall submit a written report of its findings and recommendations to the court.
(b)In the case of any proceeding to establish a general conservatorship for a person with developmental disabilities, the regional center, with the consent of the proposed conservatee, may prepare an assessment as provided in Chapter 5 (commencing with Section 4620) of Division 4.5 of the Welfare and Institutions Code. If an assessment is prepared, the regional center shall submit its findings and recommendations to the court.
(c)(1)A report prepared under subdivision (a) or (b) shall include a description of the specific areas, nature, and degree of disability of the proposed conservatee or proposed limited conservatee. The findings and recommendations of the regional center are not binding upon the court.
(2)In a proceeding where the petitioner is a provider of board and care, treatment, habilitation, or other services to persons with developmental disabilities or a spouse or employee of a provider, is not the natural parent of the proposed conservatee or proposed limited conservatee, and is not a public entity, the regional center shall include a recommendation in its report concerning the suitability of the petitioners to meet the needs of the proposed conservatee or proposed limited conservatee.
(d)At least five days before the hearing on the petition, the regional center shall deliver pursuant to Section 1215 a copy of the report described in subdivision (a) to all of the following:
(1)The proposed limited conservatee.
(2)The attorney, if any, for the proposed limited conservatee.
(3)If the petitioner is not the proposed limited conservatee, the attorney for the petitioner or the petitioner if the petitioner does not have an attorney.
(4)Any other persons as the court orders.
(e)The report referred to in subdivisions (a) and (b) shall be confidential and shall be made available only to parties listed in subdivision (d) unless the court, in its discretion, determines that the release of the report would serve the interests of the conservatee who is developmentally disabled. The clerk of the court shall limit disclosure of the report exclusively to persons entitled under this section.
SEC. 37.Section 1830 of the Probate Code is amended to read:1830.(a)The order appointing the conservator shall contain, among other things, the names, addresses, and telephone numbers of:
(1)The conservator.
(2)The conservatees attorney, if any.
(3)The court investigator, if any.
(b)In the case of a limited conservator for a developmentally disabled adult, any order the court issues shall include the findings of the court specified in Section 1828.5. The order shall specify the powers granted to and duties imposed upon the limited conservator, which powers and duties shall not exceed the powers and duties applicable to a conservator under this code. The order shall also specify all of the following:
(1)The properties of the limited conservatee to which the limited conservator is entitled to possession and management, giving a description of the properties that will be sufficient to identify them.
(2)The debts, rentals, wages, or other claims due to the limited conservatee which the limited conservator is entitled to collect, or file suit with respect to, if necessary, and thereafter to possess and manage.
(3)The contractual or other obligations which the limited conservator may incur on behalf of the limited conservatee.
(4)The claims against the limited conservatee which the limited conservator may pay, compromise, or defend, if necessary.
(5)Any other powers, limitations, or duties with respect to the care of the limited conservatee or the management of the property specified in this subdivision by the limited conservator which the court shall specifically and expressly grant.
(c)An information notice of the rights of conservatees shall be attached to the order. The conservator shall deliver pursuant to Section 1215 the order and the attached information notice to the conservatee and the conservatees relatives, as set forth in subdivision (b) of Section 1821, within 30 days of the issuance of the order. By January 1, 2008, the Judicial Council shall develop the notice required by this subdivision.
SEC. 38.Section 1842 of the Probate Code is amended to read:1842.In addition to the persons and entities to whom notice of hearing is required under Section 1822 or 2002, if the proposed conservatee is an absentee, a copy of the petition and notice of the time and place of the hearing shall be delivered pursuant to Section 1215 at least 15 days before the hearing to the secretary concerned or to the head of the United States department or agency concerned, as the case may be. In that case, notice shall also be published pursuant to Section 6061 of the Government Code in a newspaper of general circulation in the county in which the hearing will be held.
SEC. 39.Section 1847 of the Probate Code is amended to read:1847.In addition to the persons and entities to whom notice of hearing is required under Section 1822 or 2002, if the proposed conservatee is a person who is missing and whose whereabouts is unknown:
(a)A copy of the petition for appointment of a conservator and notice of the time and place of the hearing on the petition shall be delivered pursuant to Section 1215 at least 15 days before the hearing to the proposed conservatee at the last known address of the proposed conservatee.
(b)Notice of the time and place of the hearing shall also be published pursuant to Section 6061 of the Government Code in a newspaper of general circulation in the county in which the proposed conservatee was last known to reside if the proposed conservatees last known address is in this state.
(c)Pursuant to Section 1202, the court may require that further or additional notice of the hearing be given.
SEC. 40.Section 1851 of the Probate Code is amended to read:1851.(a)(1)If court review is required pursuant to Section 1850, the court investigator shall, without prior notice to the conservator except as ordered by the court for necessity or to prevent harm to the conservatee, visit the conservatee. The court investigator shall inform the conservatee personally that the conservatee is under a conservatorship and shall give the name of the conservator to the conservatee. The court investigator shall determine all of the following:
(A)If the conservatee wishes to petition the court for termination of the conservatorship.
(B)If the conservatee is still in need of the conservatorship.
(C)If the conservator is acting in the best interests of the conservatee. In determining if the conservator is acting in the best interests of the conservatee, the court investigators evaluation shall include an examination of the conservatees placement, the quality of care, including physical and mental treatment, and the conservatees finances. To the extent practicable, the investigator shall review the accounting with a conservatee who has sufficient capacity. To the greatest extent possible, the court investigator shall interview individuals set forth in paragraph (1) of subdivision (a) of Section 1826, in order to determine if the conservator is acting in the best interests of the conservatee.
(D)(i)If the conservatee is incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process and may be disqualified from voting pursuant to Section 2208 or 2209 of the Elections Code.
(ii)The conservatee shall not be disqualified from voting on the basis that he or she does, or would need to do, any of the following to complete an affidavit of voter registration:
(I)Signs the affidavit of voter registration with a mark or a cross pursuant to subdivision (b) of Section 2150 of the Elections Code.
(II)Signs the affidavit of voter registration by means of a signature stamp pursuant to Section 354.5 of the Elections Code.
(III)Completes the affidavit of voter registration with the assistance of another person pursuant to subdivision (d) of Section 2150 of the Elections Code.
(IV)Completes the affidavit of voter registration with reasonable accommodations.
(2)If the court has made an order under Chapter 4 (commencing with Section 1870), the court investigator shall determine if the present condition of the conservatee is such that the terms of the order should be modified or the order revoked.
(3)Upon request of the court investigator, the conservator shall make available to the court investigator during the investigation for inspection and copying all books and records, including receipts and any expenditures, of the conservatorship.
(b)(1)The findings of the court investigator, including the facts upon which the findings are based, shall be certified in writing to the court not less than 15 days before the date of review. A copy of the report shall be delivered pursuant to Section 1215 to the conservator and to the attorneys of record for the conservator and conservatee at the same time it is certified to the court. A copy of the report, modified as set forth in paragraph (2), also shall be delivered pursuant to Section 1215 to the conservatees spouse or registered domestic partner, the conservatees relatives in the first degree, and, if there are no such relatives, to the next closest relative, unless the court determines that the delivery will harm the conservatee.
(2)Confidential medical information and confidential information from the California Law Enforcement Telecommunications System shall be in a separate attachment to the report and shall not be provided in copies sent to the conservatees spouse or registered domestic partner, the conservatees relatives in the first degree, and, if there are no such relatives, to the next closest relative.
(c)In the case of a limited conservatee, the court investigator shall recommend continuing or terminating the limited conservatorship.
(d)The court investigator may personally visit the conservator and other persons as may be necessary to determine if the conservator is acting in the best interests of the conservatee.
(e)The report required by this section shall be confidential and shall be made available only to parties, persons described in subdivision (b), persons given notice of the petition who have requested the report or who have appeared in the proceeding, their attorneys, and the court. The court shall have discretion at any other time to release the report if it would serve the interests of the conservatee. The clerk of the court shall limit disclosure of the report exclusively to persons entitled to the report under this section.
(f)A superior court is not required to perform any duties imposed pursuant to the amendments to this section enacted by Chapter 493 of the Statutes of 2006 until the Legislature makes an appropriation identified for this purpose.
SEC. 41.Section 2214 of the Probate Code is amended to read:2214.Notice of the hearing shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1. In addition, the petitioner shall deliver pursuant to Section 1215 a notice of the time and place of the hearing and a copy of the petition to all persons required to be listed in the petition at least 15 days before the date set for the hearing.
SEC. 42.Section 2250 of the Probate Code is amended to read:2250.(a)On or after the filing of a petition for appointment of a guardian or conservator, any person entitled to petition for appointment of the guardian or conservator may file a petition for appointment of:
(1)A temporary guardian of the person or estate, or both.
(2)A temporary conservator of the person or estate, or both.
(b)The petition shall state facts that establish good cause for appointment of the temporary guardian or temporary conservator. The court, upon that petition or other showing as it may require, may appoint a temporary guardian of the person or estate, or both, or a temporary conservator of the person or estate, or both, to serve pending the final determination of the court upon the petition for the appointment of the guardian or conservator.
(c)If the petitioner, proposed guardian, or proposed conservator is a professional fiduciary, as described in Section 2340, who is required to be licensed under the Professional Fiduciaries Act (Chapter 6 (commencing with Section 6500) of Division 3 of the Business and Professions Code), the petition for appointment of a temporary guardian or temporary conservator shall include the following:
(1)The petitioners, proposed guardians, or proposed conservators proposed hourly fee schedule or another statement of his or her proposed compensation from the estate of the proposed ward or proposed conservatee for services performed as a guardian or conservator. The petitioners, proposed guardians, or proposed conservators provision of a proposed hourly fee schedule or another statement of his or her proposed compensation, as required by this paragraph, shall not preclude a court from later reducing the petitioners, proposed guardians, or proposed conservators fees or other compensation.
(2)Unless a petition for appointment of a guardian or conservator that contains the statements required by this paragraph is filed together with a petition for appointment of a temporary guardian or temporary conservator, both of the following:
(A)A statement of the petitioners, proposed guardians, or proposed conservators registration or license information.
(B)A statement explaining who engaged the petitioner, proposed guardian, or proposed conservator or how the petitioner, proposed guardian, or proposed conservator was engaged to file the petition for appointment of a temporary guardian or temporary conservator or to agree to accept the appointment as temporary guardian or temporary conservator and what prior relationship the petitioner, proposed guardian, or proposed conservator had with the proposed ward or proposed conservatee or the proposed wards or proposed conservatees family or friends.
(d)If the petition is filed by a party other than the proposed conservatee, the petition shall include a declaration of due diligence showing both of the following:
(1)Either the efforts to find the proposed conservatees relatives named in the petition for appointment of a general conservator or why it was not feasible to contact any of them.
(2)Either the preferences of the proposed conservatee concerning the appointment of a temporary conservator and the appointment of the proposed temporary conservator or why it was not feasible to ascertain those preferences.
(e)Unless the court for good cause otherwise orders, at least five court days before the hearing on the petition, notice of the hearing shall be given as follows:
(1)Notice of the hearing shall be personally delivered to the proposed ward if he or she is 12 years of age or older, to the parent or parents of the proposed ward, and to any person having a valid visitation order with the proposed ward that was effective at the time of the filing of the petition. Notice of the hearing shall not be delivered to the proposed ward if he or she is under 12 years of age. In a proceeding for temporary guardianship of the person, evidence that a custodial parent has died or become incapacitated, and that the petitioner or proposed guardian is the nominee of the custodial parent, may constitute good cause for the court to order that this notice not be delivered.
(2)Notice of the hearing shall be personally delivered to the proposed conservatee, and notice of the hearing shall be delivered pursuant to Section 1215 on the persons required to be named in the petition for appointment of conservator. If the petition states that the petitioner and the proposed conservator have no prior relationship with the proposed conservatee and have not been nominated by a family member, friend, or other person with a relationship to the proposed conservatee, notice of hearing shall be delivered pursuant to Section 1215 on the public guardian of the county in which the petition is filed.
(3)A copy of the petition for temporary appointment shall be delivered pursuant to Section 1215 with the notice of hearing.
(f)If a temporary guardianship is granted ex parte and the hearing on the general guardianship petition is not to be held within 30 days of the granting of the temporary guardianship, the court shall set a hearing within 30 days to reconsider the temporary guardianship. Notice of the hearing for reconsideration of the temporary guardianship shall be provided pursuant to Section 1511, except that the court may for good cause shorten the time for the notice of the hearing.
(g)Visitation orders with the proposed ward granted before the filing of a petition for temporary guardianship shall remain in effect, unless for good cause the court orders otherwise.
(h)(1)If a temporary conservatorship is granted ex parte, and a petition to terminate the temporary conservatorship is filed more than 15 days before the first hearing on the general petition for appointment of conservator, the court shall set a hearing within 15 days of the filing of the petition for termination of the temporary conservatorship to reconsider the temporary conservatorship. Unless the court otherwise orders, notice of the hearing on the petition to terminate the temporary conservatorship shall be given at least 10 days before the hearing.
(2)If a petition to terminate the temporary conservatorship is filed within 15 days before the first hearing on the general petition for appointment of conservator, the court shall set the hearing at the same time that the hearing on the general petition is set. Unless the court otherwise orders, notice of the hearing on the petition to terminate the temporary conservatorship pursuant to this section shall be given at least five court days before the hearing.
(i)If the court suspends powers of the guardian or conservator under Section 2334 or 2654 or under any other provision of this division, the court may appoint a temporary guardian or conservator to exercise those powers until the powers are restored to the guardian or conservator or a new guardian or conservator is appointed.
(j)If for any reason a vacancy occurs in the office of guardian or conservator, the court, on a petition filed under subdivision (a) or on its own motion, may appoint a temporary guardian or conservator to exercise the powers of the guardian or conservator until a new guardian or conservator is appointed.
(k)On or before January 1, 2008, the Judicial Council shall adopt a rule of court that establishes uniform standards for good cause exceptions to the notice required by subdivision (e), limiting those exceptions to only cases when waiver of the notice is essential to protect the proposed conservatee or ward, or the estate of the proposed conservatee or ward, from substantial harm.
(l)A superior court shall not be required to perform any duties imposed pursuant to the amendments to this section enacted by Chapter 493 of the Statutes 2006 until the Legislature makes an appropriation identified for this purpose.
SEC. 43.Section 2352 of the Probate Code is amended to read:2352.(a)The guardian may establish the residence of the ward at any place within this state without the permission of the court. The guardian shall select the least restrictive appropriate residence that is available and necessary to meet the needs of the ward, and that is in the best interests of the ward.
(b)The conservator may establish the residence of the conservatee at any place within this state without the permission of the court. The conservator shall select the least restrictive appropriate residence, as described in Section 2352.5, that is available and necessary to meet the needs of the conservatee, and that is in the best interests of the conservatee.
(c)If permission of the court is first obtained, a guardian or conservator may establish the residence of a ward or conservatee at a place not within this state. Notice of the hearing on the petition to establish the residence of the ward or conservatee out of state, together with a copy of the petition, shall be given in the manner required by subdivision (a) of Section 1460 to all persons entitled to notice under subdivision (b) of Section 1511 or subdivision (b) of Section 1822.
(d)(1)An order under subdivision (c) relating to a ward shall require the guardian either to return the ward to this state, or to cause a guardianship proceeding or its equivalent to be commenced in the place of the new residence, when the ward has resided in the place of new residence for a period of four months or a longer or shorter period specified in the order.
(2)An order under subdivision (c) relating to a conservatee shall require the conservator to do one of the following when the conservatee has resided in the other state for a period of four months or a longer or shorter period specified in the order:
(A)Return the conservatee to this state.
(B)Petition for transfer of the conservatorship to the other state under Article 3 (commencing with Section 2001) of Chapter 8 of Part 3 and corresponding law of the other state.
(C)Cause a conservatorship proceeding or its equivalent to be commenced in the other state.
(e)(1)The guardian or conservator shall file a notice of change of residence with the court within 30 days of the date of the change. The guardian or conservator shall include in the notice of change of residence a declaration stating that the wards or conservatees change of residence is consistent with the standard described in subdivision (b).
(2)The guardian or conservator shall deliver pursuant to Section 1215 a copy of the notice to all persons entitled to notice under subdivision (b) of Section 1511 or subdivision (b) of Section 1822 and shall file proof of delivery of the notice with the court. The court may, for good cause, waive the delivery requirement pursuant to this paragraph in order to prevent harm to the conservatee or ward.
(3)If the guardian or conservator proposes to remove the ward or conservatee from his or her personal residence, except as provided by subdivision (c), the guardian or conservator shall deliver pursuant to Section 1215 a notice of his or her intention to change the residence of the ward or conservatee to all persons entitled to notice under subdivision (b) of Section 1511 and subdivision (b) of Section 1822. In the absence of an emergency, that notice shall be delivered at least 15 days before the proposed removal of the ward or conservatee from his or her personal residence. If the notice is delivered less than 15 days before the proposed removal of the ward or conservatee, the guardian or conservator shall set forth the basis for the emergency in the notice. The guardian or conservator shall file proof of delivery of that notice with the court.
(f)This section does not apply where the court has made an order under Section 2351 pursuant to which the conservatee retains the right to establish his or her own residence.
(g)As used in this section, guardian or conservator includes a proposed guardian or proposed conservator and ward or conservatee includes a proposed ward or proposed conservatee.
(h)This section does not apply to a person with developmental disabilities for whom the Director of Developmental Services or a regional center, established pursuant to Chapter 5 (commencing with Section 4620) of Division 4.5 of the Welfare and Institutions Code, acts as the conservator.
SEC. 44.Section 2357 of the Probate Code is amended to read:2357.(a)As used in this section:
(1)Guardian or conservator includes a temporary guardian of the person or a temporary conservator of the person.
(2)Ward or conservatee includes a person for whom a temporary guardian of the person or temporary conservator of the person has been appointed.
(b)If the ward or conservatee requires medical treatment for an existing or continuing medical condition which is not authorized to be performed upon the ward or conservatee under Section 2252, 2353, 2354, or 2355, and the ward or conservatee is unable to give an informed consent to this medical treatment, the guardian or conservator may petition the court under this section for an order authorizing the medical treatment and authorizing the guardian or conservator to consent on behalf of the ward or conservatee to the medical treatment.
(c)The petition shall state, or set forth by medical affidavit attached thereto, all of the following so far as is known to the petitioner at the time the petition is filed:
(1)The nature of the medical condition of the ward or conservatee which requires treatment.
(2)The recommended course of medical treatment which is considered to be medically appropriate.
(3)The threat to the health of the ward or conservatee if authorization to consent to the recommended course of treatment is delayed or denied by the court.
(4)The predictable or probable outcome of the recommended course of treatment.
(5)The medically available alternatives, if any, to the course of treatment recommended.
(6)The efforts made to obtain an informed consent from the ward or conservatee.
(7)The name and addresses, so far as they are known to the petitioner, of the persons specified in subdivision (c) of Section 1510 in a guardianship proceeding or subdivision (b) of Section 1821 in a conservatorship proceeding.
(d)Upon the filing of the petition, unless an attorney is already appointed the court shall appoint the public defender or private counsel under Section 1471, to consult with and represent the ward or conservatee at the hearing on the petition and, if that appointment is made, Section 1472 applies.
(e)Notice of the petition shall be given as follows:
(1)Not less than 15 days before the hearing, notice of the time and place of the hearing, and a copy of the petition shall be personally served on the ward, if 12 years of age or older, or the conservatee, and on the attorney for the ward or conservatee.
(2)Not less than 15 days before the hearing, notice of the time and place of the hearing, and a copy of the petition shall be delivered pursuant to Section 1215 to the following persons:
(A)The spouse or domestic partner, if any, of the proposed conservatee at the address stated in the petition.
(B)The relatives named in the petition at their addresses stated in the petition.
(f)For good cause, the court may shorten or waive notice of the hearing as provided by this section. In determining the period of notice to be required, the court shall take into account both of the following:
(1)The existing medical facts and circumstances set forth in the petition or in a medical affidavit attached to the petition or in a medical affidavit presented to the court.
(2)The desirability, where the condition of the ward or conservatee permits, of giving adequate notice to all interested persons.
(g)Notwithstanding subdivisions (e) and (f), the matter may be submitted for the determination of the court upon proper and sufficient medical affidavits or declarations if the attorney for the petitioner and the attorney for the ward or conservatee so stipulate and further stipulate that there remains no issue of fact to be determined.
(h)The court may make an order authorizing the recommended course of medical treatment of the ward or conservatee and authorizing the guardian or conservator to consent on behalf of the ward or conservatee to the recommended course of medical treatment for the ward or conservatee if the court determines from the evidence all of the following:
(1)The existing or continuing medical condition of the ward or conservatee requires the recommended course of medical treatment.
(2)If untreated, there is a probability that the condition will become life-endangering or result in a serious threat to the physical or mental health of the ward or conservatee.
(3)The ward or conservatee is unable to give an informed consent to the recommended course of treatment.
(i)Upon petition of the ward or conservatee or other interested person, the court may order that the guardian or conservator obtain or consent to, or obtain and consent to, specified medical treatment to be performed upon the ward or conservatee. Notice of the hearing on the petition under this subdivision shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1.
SEC. 45.Section 2361 of the Probate Code is amended to read:2361.A conservator shall provide notice of a conservatees death by delivering pursuant to Section 1215 a copy of the notice to all persons entitled to notice under Section 1460 and by filing a proof of delivery with the court, unless otherwise ordered by the court.
SEC. 46.Section 2610 of the Probate Code is amended to read:2610.(a)Within 90 days after appointment, or within any further time as the court for reasonable cause upon ex parte petition of the guardian or conservator may allow, the guardian or conservator shall file with the clerk of the court and deliver pursuant to Section 1215 to the conservatee and to the attorneys of record for the ward or conservatee, along with notice of how to file an objection, an inventory and appraisal of the estate, made as of the date of the appointment of the guardian or conservator. A copy of this inventory and appraisal, along with notice of how to file an objection, also shall be delivered to the conservatees spouse or registered domestic partner, the conservatees relatives in the first degree, and, if there are no such relatives, to the next closest relative, unless the court determines that the delivery will result in harm to the conservatee.
(b)The guardian or conservator shall take and subscribe to an oath that the inventory contains a true statement of all of the estate of the ward or conservatee of which the guardian or conservator has possession or knowledge. The oath shall be endorsed upon or annexed to the inventory.
(c)The property described in the inventory shall be appraised in the manner provided for the inventory and appraisal of estates of decedents. The guardian or conservator may appraise the assets that a personal representative could appraise under Section 8901.
(d)If a conservatorship is initiated pursuant to the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code), and no sale of the estate will occur:
(1)The inventory and appraisal required by subdivision (a) shall be filed within 90 days after appointment of the conservator.
(2)The property described in the inventory may be appraised by the conservator and need not be appraised by a probate referee.
(e)By January 1, 2008, the Judicial Council shall develop a form to effectuate the notice required in subdivision (a).
SEC. 47.Section 2611 of the Probate Code is amended to read:2611.If the ward or conservatee is or has been during the guardianship or conservatorship a patient in a state hospital under the jurisdiction of the State Department of State Hospitals or the State Department of Developmental Services, the guardian or conservator shall deliver pursuant to Section 1215 a copy of the inventory and appraisal filed under Section 2610 to the director of the appropriate department at the directors office in Sacramento not later than 15 days after the inventory and appraisal is filed with the court. Compliance with this section is not required if an unrevoked certificate described in subdivision (c) of Section 1461 is on file with the court with respect to the ward or conservatee.
SEC. 48.Section 2612 of the Probate Code is amended to read:2612.If a timely request is made, the clerk of court shall deliver pursuant to Section 1215 a copy of the inventory and appraisal filed under Section 2610 to the county assessor.
SEC. 49.Section 2614 of the Probate Code is amended to read:2614.(a)Within 30 days after the inventory and appraisal is filed, the guardian or conservator or any creditor or other interested person may file written objections to any or all appraisals. The clerk shall set the objections for hearing not less than 15 days after their filing.
(b)Notice of the hearing, together with a copy of the objections, shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1. If the appraisal was made by a probate referee, the person objecting shall also deliver pursuant to Section 1215 notice of the hearing and a copy of the objection to the probate referee at least 15 days before the time set for the hearing.
(c)The court shall determine the objections and may fix the true value of any asset to which objection has been filed. For the purpose of this subdivision, the court may cause an independent appraisal or appraisals to be made by at least one additional appraiser at the expense of the estate or, if the objecting party is not the guardian or conservator and the objection is rejected by the court, the court may assess the cost of any additional appraisal or appraisals against the objecting party.
SEC. 50.Section 2683 of the Probate Code is amended to read:2683.(a)At least 15 days before the hearing on the petition for appointment of a successor conservator, notice of the time and place of the hearing shall be given as provided in this section. The notice shall be accompanied by a copy of the petition.
(b)Notice shall be delivered pursuant to Section 1215 to the persons designated in Section 1460 and to the relatives named in the petition.
(c)If notice is required by Section 1461 to be given to the Director of State Hospitals or the Director of Developmental Services, notice shall be delivered pursuant to Section 1215 as required.
(d)If notice is required by Section 1461.5 to be given to the Veterans Administration, notice shall be delivered pursuant to Section 1215 as required.
SEC. 51.Section 2684 of the Probate Code is amended to read:2684.Unless the petition states that the conservatee will be present at the hearing, the court investigator shall do all of the following:
(a)Interview the conservatee personally.
(b)Inform the conservatee of the nature of the proceeding to appoint a successor conservator, the name of the person proposed as successor conservator, and the conservatees right to appear personally at the hearing, to object to the person proposed as successor conservator, to nominate a person to be appointed as successor conservator, to be represented by legal counsel if the conservatee so chooses, and to have legal counsel appointed by the court if unable to retain legal counsel.
(c)Determine whether the conservatee objects to the person proposed as successor conservator or prefers another person to be appointed.
(d)If the conservatee is not represented by legal counsel, determine whether the conservatee wishes to be represented by legal counsel and, if so, determine the name of an attorney the conservatee wishes to retain or whether the conservatee desires the court to appoint legal counsel.
(e)Determine whether the appointment of legal counsel would be helpful to the resolution of the matter or is necessary to protect the interests of the conservatee in any case where the conservatee does not plan to retain legal counsel and has not requested the appointment of legal counsel by the court.
(f)Report to the court in writing, at least five days before the hearing, concerning all of the foregoing, including the conservatees express communications concerning representation by legal counsel and whether the conservatee objects to the person proposed as successor conservator or prefers that some other person be appointed.
(g)Deliver pursuant to Section 1215, at least five days before the hearing, a copy of the report referred to in subdivision (f) to all of the following:
(1)The attorney, if any, for the petitioner.
(2)The attorney, if any, for the conservatee.
(3)Any other persons as the court orders.
SEC. 52.Section 2700 of the Probate Code is amended to read:2700.(a)At any time after the issuance of letters of guardianship or conservatorship, the ward, if over 14 years of age or the conservatee, the spouse of the ward or the spouse or domestic partner of the conservatee, any relative or creditor of the ward or conservatee, or any other interested person, in person or by attorney, may file with the court clerk a written request for special notice.
(b)The request for special notice shall be so entitled and shall set forth the name of the person and the address to which notices shall be delivered pursuant to Section 1215.
(c)Special notice may be requested of any one or more of the following matters:
(1)Petitions filed in the guardianship or conservatorship proceeding.
(2)Inventories and appraisals of property in the estate, including any supplemental inventories and appraisals.
(3)Accounts of the guardian or conservator.
(4)Proceedings for the final termination of the guardianship or conservatorship proceeding.
(d)Special notice may be requested of:
(1)Any one or more of the matters in subdivision (c) by describing the matter or matters.
(2)All the matters in subdivision (c) by referring generally to the matters described in subdivision (c) of Section 2700 of the Probate Code or by using words of similar meaning.
(e)A copy of the request shall be delivered pursuant to Section 1215 to the guardian or conservator or to the attorney for the guardian or conservator. If personally delivered, the request is effective when it is delivered. If mailed or electronically delivered, the request is effective when it is received.
(f)If the original of the request is filed with the court clerk, it shall be accompanied by a written admission or proof of service.
SEC. 53.Section 2702 of the Probate Code is amended to read:2702.(a)Unless the court makes an order dispensing with the notice, if a request has been made pursuant to this chapter for special notice of a hearing, the person filing the petition, account, or other paper shall give written notice pursuant to Section 1215 of the filing, together with a copy of the petition, account, or other paper, and the time and place set for the hearing, to the person named in the request at the address set forth in the request, at least 15 days before the time set for the hearing.
(b)If a request has been made pursuant to this chapter for special notice of the filing of an inventory and appraisal of the estate or of the filing of any other paper that does not require a hearing, the inventory and appraisal or other paper shall be delivered pursuant to Section 1215 not later than 15 days after the inventory and appraisal or other paper is filed with the court.
SEC. 54.Section 2804 of the Probate Code is amended to read:2804.At least 30 days before the hearing, the petitioner shall deliver pursuant to Section 1215 a notice of the time and place of the hearing and a copy of the petition to each person required to be listed in the petition at the address stated in the petition.
SEC. 55.Section 2808 of the Probate Code is amended to read:2808.(a)If the courts order provides for the transfer of all of the property of the estate to the foreign guardian or conservator, the court, upon settlement of the final account, shall order the guardianship of the estate or the conservatorship of the estate terminated upon the filing with the clerk of the court of a receipt for the property executed by the foreign guardian or conservator.
(b)Unless notice is waived, a copy of the final account of the guardian or conservator and of the petition for discharge, together with a notice of the hearing, shall be delivered pursuant to Section 1215 at least 30 days before the date of the hearing to all persons required to be listed in the petition for transfer, including the foreign guardian or conservator.
SEC. 56.Section 3088 of the Probate Code is amended to read:3088.(a)The court may order the spouse who has the management or control of community property to apply the income or principal, or both, of the community property to the support and maintenance of the conservatee, including care, treatment, and support of a conservatee who is a patient in a state hospital under the jurisdiction of the State Department of State Hospitals or the State Department of Developmental Services, as ordered by the court.
(b)In determining the amount ordered for support and maintenance, the court shall consider the following circumstances of the spouses:
(1)The earning capacity and needs of each spouse.
(2)The obligations and assets, including the separate property, of each spouse.
(3)The duration of the marriage.
(4)The age and health of the spouses.
(5)The standard of living of the spouses.
(6)Any other relevant factors which it considers just and equitable.
(c)At the request of any interested person, the court shall make appropriate findings with respect to the circumstances.
(d)The court may order the spouse who has the management or control of community property to make a specified monthly or other periodic payment to the conservator of the person of the conservatee or to any other person designated in the order. The court may order the spouse required to make the periodic payments to give reasonable security therefor.
(e)(1)The court may order the spouse required to make the periodic payments to assign, to the person designated in the order to receive the payments, that portion of the earnings of the spouse due or to be due in the future as will be sufficient to pay the amount ordered by the court for the support and maintenance of the conservatee. The order operates as an assignment and is binding upon any existing or future employer upon whom a copy of the order is served. The order shall be in the form of an earnings assignment order for support prescribed by the Judicial Council for use in family law proceedings. The employer may deduct the sum of one dollar and fifty cents ($1.50) for each payment made pursuant to the order. Any such assignment made pursuant to court order shall have priority as against any execution or other assignment unless otherwise ordered by the court or unless the other assignment is made pursuant to Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the Family Code. An employer shall not use any assignment authorized by this subdivision as grounds for the dismissal of that employee.
(2)As used in this subdivision, employer includes the United States government and any public entity as defined in Section 811.2 of the Government Code. This subdivision applies to the money and benefits described in Sections 704.110 and 704.113 of the Code of Civil Procedure to the extent that those moneys and benefits are subject to a wage assignment for support under Chapter 4 (commencing with Section 703.010) of Division 2 of Title 9 of Part 2 of the Code of Civil Procedure.
(f)The court retains jurisdiction to modify or to vacate an order made under this section where justice requires, except as to any amount that may have accrued before the date of the filing of the petition to modify or revoke the order. At the request of any interested person, the order of modification or revocation shall include findings of fact and may be made retroactive to the date of the filing of the petition to revoke or modify, or to any date subsequent thereto. At least 15 days before the hearing on the petition to modify or vacate the order, the petitioner shall deliver pursuant to Section 1215 a notice of the time and place of the hearing on the petition, accompanied by a copy of the petition, to the spouse who has the management or control of the community property. Notice shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1 to any other persons entitled to notice of the hearing under that chapter.
(g)In a proceeding for dissolution of the marriage or for legal separation, the court has jurisdiction to modify or vacate an order made under this section to the same extent as it may modify or vacate an order made in the proceeding for dissolution of the marriage or for legal separation.
SEC. 57.Section 3131 of the Probate Code is amended to read:3131.(a)At least 15 days before the hearing on the petition, the petitioner shall cause a notice of the time and place of the hearing and a copy of the petition to be served upon any nonpetitioning spouse not alleged to lack legal capacity for the proposed transaction.
(b)Service under subdivision (a) shall be made in the manner provided in Section 415.10 or 415.30 of the Code of Civil Procedure or in such other manner as may be authorized by the court. If the person to be served is outside this state, service may also be made in the manner provided in Section 415.40 of the Code of Civil Procedure.
(c)At least 15 days before the hearing on the petition, the petitioner shall deliver pursuant to Section 1215 a notice of the time and place of the hearing on the petition to those persons required to be named in the petition at the addresses set forth in the petition.
SEC. 58.Section 3206 of the Probate Code is amended to read:3206.(a)Not less than 15 days before the hearing, notice of the time and place of the hearing and a copy of the petition shall be personally served on the patient, the patients attorney, and the agent under the patients power of attorney for health care, if any.
(b)Not less than 15 days before the hearing, notice of the time and place of the hearing and a copy of the petition shall be delivered pursuant to Section 1215 to the following persons:
(1)The patients spouse, if any, at the address stated in the petition.
(2)The patients relatives named in the petition at their addresses stated in the petition.
(c)For good cause, the court may shorten or waive notice of the hearing as provided by this section. In determining the period of notice to be required, the court shall take into account both of the following:
(1)The existing medical facts and circumstances set forth in the petition or in a medical declaration attached to the petition or in a medical declaration presented to the court.
(2)The desirability, where the condition of the patient permits, of giving adequate notice to all interested persons.
SEC. 59.Section 3602 of the Probate Code is amended to read:3602.(a)If there is no guardianship of the estate of the minor or conservatorship of the estate of the person with a disability, the remaining balance of the money and other property, after payment of all expenses, costs, and fees as approved and allowed by the court under Section 3601, shall be paid, delivered, deposited, or invested as provided in Article 2 (commencing with Section 3610).
(b)Except as provided in subdivisions (c) and (d), if there is a guardianship of the estate of the minor or conservatorship of the estate of the person with a disability, the remaining balance of the money and other property, after payment of all expenses, costs, and fees as approved and allowed by the court under Section 3601, shall be paid or delivered to the guardian or conservator of the estate. Upon application of the guardian or conservator, the court making the order or giving the judgment referred to in Section 3600 or the court in which the guardianship or conservatorship proceeding is pending may, with or without notice, make an order that all or part of the money paid or to be paid to the guardian or conservator under this subdivision be deposited or invested as provided in Section 2456.
(c)Upon ex parte petition of the guardian or conservator or upon petition of any person interested in the guardianship or conservatorship estate, the court making the order or giving the judgment referred to in Section 3600 may for good cause shown order one or more of the following:
(1)That all or part of the remaining balance of money not become a part of the guardianship or conservatorship estate and instead be deposited in an insured account in a financial institution in this state, or in a single-premium deferred annuity, subject to withdrawal only upon authorization of the court.
(2)If there is a guardianship of the estate of the minor, that all or part of the remaining balance of money and other property not become a part of the guardianship estate and instead be transferred to a custodian for the benefit of the minor under the California Uniform Transfers to Minors Act, Part 9 (commencing with Section 3900).
(3)That all or part of the remaining balance of money and other property not become a part of the guardianship estate and, instead, be transferred to the trustee of a trust which is either created by, or approved of, in the order or judgment described in Section 3600. This trust shall be revocable by the minor upon attaining 18 years of age, and shall contain other terms and conditions, including, but not limited to, terms and conditions concerning trustees accounts and trustees bond, as the court determines to be necessary to protect the minors interests.
(d)Upon petition of the guardian, conservator, or any person interested in the guardianship or conservatorship estate, the court making the order or giving the judgment referred to in Section 3600 may order that all or part of the remaining balance of money not become a part of the guardianship or conservatorship estate and instead be paid to a special needs trust established under Section 3604 for the benefit of the minor or person with a disability.
(e)If the petition is by a person other than the guardian or conservator, notice of hearing on a petition under subdivision (c) shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1.
(f)Notice of the time and place of hearing on a petition under subdivision (d), and a copy of the petition, shall be delivered pursuant to Section 1215 to the State Director of Health Care Services, the Director of State Hospitals, and the Director of Developmental Services at the office of each director in Sacramento at least 15 days before the hearing.
SEC. 60.Section 3704 of the Probate Code is amended to read:3704.(a)Notice of the nature of the proceedings and the time and place of the hearing shall be given by the petitioner at least 15 days before the hearing date by all of the following means:
(1)By delivery pursuant to Section 1215, together with a copy of the petition, to all persons comprising the family of the absentee.
(2)By delivery by a method that would be sufficient for service of summons in a civil action, together with a copy of the petition, to the secretary concerned or to the head of the United States department or agency concerned.
(3)By publication pursuant to Section 6061 of the Government Code in a newspaper of general circulation in the county in which the proceedings will be held.
(b)If notice to an officer or agency of this state or of the United States is required under Section 1461 or 1822 upon petition for appointment of a conservator, notice shall be given of the petition under this chapter.
SEC. 61.Section 3801 of the Probate Code is amended to read:3801.(a)The petition shall be made upon 15 days notice, by delivery pursuant to Section 1215, to all of the following persons:
(1)The personal representative or other person in whose possession the property may be.
(2)Persons in this state, known to the petitioner, who are obligated to pay a debt, perform an obligation, or issue a security to the nonresident or the estate of the nonresident.
(b)The petition shall be made upon additional notice, if any, as the court may order.
SEC. 62.Section 3918 of the Probate Code is amended to read:3918.(a)A person nominated under Section 3903 or designated under Section 3909 as custodian may decline to serve by delivering a valid disclaimer under Part 8 (commencing with Section 260) of Division 2 to the person who made the nomination or to the transferor or the transferors legal representative. If the event giving rise to a transfer has not occurred and no substitute custodian able, willing, and eligible to serve was nominated under Section 3903, the person who made the nomination may nominate a substitute custodian under Section 3903; otherwise the transferor or the transferors legal representative shall designate a substitute custodian at the time of the transfer, in either case from among the persons eligible to serve as custodian for that kind of property under subdivision (a) of Section 3909. The custodian so designated has the rights of a successor custodian.
(b)A custodian at any time may designate a trust company or an adult other than a transferor under Section 3904 as successor custodian by executing and dating an instrument of designation before a subscribing witness other than the successor. If the instrument of designation does not contain or is not accompanied by the resignation of the custodian, the designation of the successor does not take effect until the custodian resigns, dies, becomes incapacitated, or is removed. The transferor may designate one or more persons as successor custodians to serve, in the designated order of priority, in case the custodian originally designated or a prior successor custodian is unable, declines, or is ineligible to serve or resigns, dies, becomes incapacitated, or is removed. The designation either (1) shall be made in the same transaction and by the same document by which the transfer is made or (2) shall be made by executing and dating a separate instrument of designation before a subscribing witness other than a successor as a part of the same transaction and contemporaneously with the execution of the document by which the transfer is made. The designation is made by setting forth the successor custodians name, followed in substance by the words: is designated [first, second, etc., where applicable] successor custodian. A successor custodian designated by the transferor may be a trust company or an adult other than a transferor under Section 3904. A successor custodian effectively designated by the transferor has priority over a successor custodian designated by a custodian.
(c)A custodian may resign at any time by delivering written notice to the minor if the minor has attained the age of 14 years and to the successor custodian and by delivering the custodial property to the successor custodian.
(d)If the transferor has not effectively designated a successor custodian, and a custodian is ineligible, dies, or becomes incapacitated without having effectively designated a successor and the minor has attained the age of 14 years, the minor may designate as successor custodian, in the manner prescribed in subdivision (b), an adult member of the minors family, a conservator of the minor, or a trust company. If the minor has not attained the age of 14 years or fails to act within 60 days after the ineligibility, death, or incapacity, the conservator of the minor becomes successor custodian. If the minor has no conservator or the conservator declines to act, the transferor, the legal representative of the transferor or of the custodian, an adult member of the minors family, or any other interested person may petition the court to designate a successor custodian.
(e)A custodian who declines to serve under subdivision (a) or resigns under subdivision (c), or the legal representative of a deceased or incapacitated custodian, as soon as practicable, shall put the custodial property and records in the possession and control of the successor custodian. The successor custodian by action may enforce the obligation to deliver custodial property and records and becomes responsible for each item as received.
(f)A transferor, the legal representative of a transferor, an adult member of the minors family, a guardian of the person of the minor, the conservator of the minor, or the minor if the minor has attained the age of 14 years, may petition the court to remove the custodian for cause and to designate a successor custodian other than a transferor under Section 3904 or to require the custodian to give appropriate bond.
(g)At least 15 days before the hearing on a petition under subdivision (d) or (f), the petitioner shall deliver notice pursuant to Section 1215 to each of the following persons:
(1)The minor.
(2)The parent or parents of the minor.
(3)The transferor.
(h)Upon consideration of the petition under subdivision (d) or (f), the court may grant the relief that the court finds to be in the best interests of the minor.
SEC. 63.Section 8100 of the Probate Code is amended to read:8100.The notice of hearing of a petition for administration of a decedents estate, whether delivered under Article 2 (commencing with Section 8110) or published under Article 3 (commencing with Section 8120), shall state substantially as follows:
NOTICE OF PETITION TO ADMINISTER |
To all heirs, beneficiaries, creditors, and contingent creditors of _________ and persons who may be otherwise interested in the will or estate, or both: A petition has been filed by _________ in the Superior Court of California, County of _________, requesting that _________ be appointed as personal representative to administer the estate of _________ [and for probate of the decedents will, which is available for examination in the court file]. [The petition requests authority to administer the estate under the Independent Administration of Estates Act. This will avoid the need to obtain court approval for many actions taken in connection with the estate. However, before taking certain actions, the personal representative will be required to give notice to interested persons unless they have waived notice or have consented to the proposed action. The petition will be granted unless good cause is shown why it should not be.] |
The petition is set for hearing in Dept. No. |
at(Address) on (Date of hearing)at(Time of hearing) . |
IF YOU OBJECT to the granting of the petition, you should appear at the hearing and state your objections or file written objections with the court before the hearing. Your appearance may be in person or by your attorney.
IF YOU ARE A CREDITOR or a contingent creditor of the deceased, you must file your claim with the court and mail a copy to the personal representative appointed by the court within the later of either (1) four months from the date of first issuance of letters to a general personal representative, as defined in subdivision (b) of Section 58 of the California Probate Code, or (2) 60 days from the date of delivery of the notice to you under Section 9052 of the California Probate Code.
YOU MAY EXAMINE the file kept by the court. If you are interested in the estate, you may request special notice of the filing of an inventory and appraisal of estate assets or of any petition or account as provided in Section 1250 of the California Probate Code.
(Name and address of petitioner or petitioners attorney) |
At least 15 days before the hearing of a petition for administration of a decedents estate, the petitioner shall deliver notice of the hearing pursuant to Section 1215 on all of the following persons:
(a)Each heir of the decedent, so far as known to or reasonably ascertainable by the petitioner.
(b)Each devisee, executor, and alternative executor named in any will being offered for probate, regardless of whether the devise or appointment is purportedly revoked in a subsequent instrument.
SEC. 65.Section 8111 of the Probate Code is amended to read:8111.If the decedents will involves or may involve a testamentary trust of property for charitable purposes other than a charitable trust with a designated trustee resident in this state, or involves or may involve a devise for charitable purposes without an identified devisee, notice of hearing accompanied by a copy of the petition and of the will shall be delivered pursuant to Section 1215 to the Attorney General as provided in Section 1209.
SEC. 66.Section 8200 of the Probate Code is amended to read:8200.(a)Unless a petition for probate of the will is earlier filed, the custodian of a will shall, within 30 days after having knowledge of the death of the testator, do both of the following:
(1)Deliver the will, personally or by registered or certified mail, to the clerk of the superior court of the county in which the estate of the decedent may be administered.
(2)Deliver a copy of the will pursuant to Section 1215 to the person named in the will as executor, if the persons whereabouts is known to the custodian, or if not, to a person named in the will as a beneficiary, if the persons whereabouts is known to the custodian.
(b)A custodian of a will who fails to comply with the requirements of this section shall be liable for all damages sustained by any person injured by the failure.
(c)The clerk shall release a copy of a will delivered under this section for attachment to a petition for probate of the will or otherwise on receipt of payment of the required fee and either a court order for production of the will or a certified copy of a death certificate of the decedent.
(d)The fee for delivering a will to the clerk of the superior court pursuant to paragraph (1) of subdivision (a) shall be as provided in Section 70626 of the Government Code. If an estate is commenced for the decedent named in the will, the fee for any will delivered pursuant to paragraph (1) of subdivision (a) shall be reimbursable from the estate as an expense of administration.
SEC. 67.Section 8203 of the Probate Code is amended to read:8203.If a will has been delivered to the clerk of the superior court in a county in which no proceeding is pending to administer the testators estate, that court may order the will transferred to the clerk of the superior court in a county in which such a proceeding is pending. A petition for the transfer may be presented and heard without notice, but shall not be granted without proof that a copy of the petition has been delivered pursuant to Section 1215 to the petitioner and any persons who have requested special notice in the proceeding in the court to which the will is to be transferred. The petition and order shall include the case number of the proceeding in the court to which transfer is prayed. Certified copies of the petition, any supporting documents, and the order shall be transmitted by the clerk along with the original will, and these copies shall be filed in the proceeding by the clerk of the recipient court.
SEC. 68.Section 8469 of the Probate Code is amended to read:8469.(a)For good cause, the court may allow the priority given by Section 8461 to a conservator or guardian of the estate of the decedent serving in that capacity at the time of death that has not filed a first account, or that is acting as guardian or conservator for another person, or both.
(b)If the petition for appointment as administrator requests the court to allow the priority permitted by subdivision (a), the petitioner shall, in addition to the notice otherwise required by statute, deliver notice of the hearing pursuant to Section 1215 to the public administrator.
SEC. 69.Section 8522 of the Probate Code is amended to read:8522.(a)If a vacancy occurs in the office of a personal representative and there are no other personal representatives, the court shall appoint a successor personal representative.
(b)Appointment of a successor personal representative shall be made on petition and notice shall be delivered to interested persons in the manner provided in Article 2 (commencing with Section 8110) of Chapter 2, and shall be subject to the same priority as for an original appointment of a personal representative. The personal representative of a deceased personal representative is not, as such, entitled to appointment as successor personal representative.
SEC. 70.Section 8803 of the Probate Code is amended to read:8803.On the filing of an inventory and appraisal or a supplemental inventory and appraisal, the personal representative shall, pursuant to Section 1252, deliver a copy to each person who has requested special notice.
SEC. 71.Section 8903 of the Probate Code is amended to read:8903.(a)The court may, for good cause, waive appraisal by a probate referee in the manner provided in this section.
(b)The personal representative may apply for a waiver together with the petition for appointment of the personal representative or together with another petition, or may apply for a waiver in a separate petition filed in the administration proceedings, but the application shall not be made later than the time the personal representative delivers the inventory to the probate referee, if a probate referee has been designated. A copy of the proposed inventory and appraisal and a statement that sets forth the good cause that justifies the waiver shall be attached to the petition.
(c)The hearing on the waiver shall be not sooner than 15 days after the petition is filed. Notice of the hearing on the petition, together with a copy of the petition and a copy of the proposed inventory and appraisal, shall be given as provided in Sections 1215 and 1220 to all of the following persons:
(1)Each person listed in Section 1220.
(2)Each known heir whose interest in the estate would be affected by the waiver.
(3)Each known devisee whose interest in the estate would be affected by the waiver.
(4)The Attorney General, at the office of the Attorney General in Sacramento, if any portion of the estate is to escheat to the state and its interest in the estate would be affected by the waiver.
(5)The probate referee, if a probate referee has been designated.
(d)A probate referee to whom notice is given under this section may oppose the waiver. If the opposition fails and the court determines the opposition was made without substantial justification, the court shall award litigation expenses, including reasonable attorneys fees, against the probate referee. If the opposition succeeds, the court may designate a different probate referee to appraise property in the estate.
(e)If the petition is granted, the inventory and appraisal attached to the petition shall be filed pursuant to Section 8800.
SEC. 72.Section 8906 of the Probate Code is amended to read:8906.(a)At any time before the hearing on the petition for final distribution of the estate, the personal representative or an interested person may file with the court a written objection to the appraisal.
(b)The clerk shall fix a time, not less than 15 days after the filing, for a hearing on the objection.
(c)The person objecting shall give notice of the hearing, together with a copy of the objection, as provided in Section 1220. If the appraisal was made by a probate referee, the person objecting shall also deliver notice of the hearing and a copy of the objection to the probate referee at least 15 days before the date set for the hearing.
(d)The person objecting to the appraisal has the burden of proof.
(e)Upon completion of the hearing, the court may make any orders that appear appropriate. If the court determines the objection was filed without reasonable cause or good faith, the court may order that the fees of the personal representative and attorney and any costs incurred for defending the appraisal be made a charge against the person filing the objection.
SEC. 73.Section 8924 of the Probate Code is amended to read:8924.(a)The court shall remove the designated probate referee in any of the following circumstances:
(1)The personal representative shows cause, including incompetence or undue delay in making the appraisal, that in the opinion of the court warrants removal of the probate referee. The showing shall be made at a hearing on petition of the personal representative. The personal representative shall deliver pursuant to Section 1215 notice of the hearing on the petition to the probate referee at least 15 days before the date set for the hearing.
(2)The personal representative has the right to remove the first probate referee who is designated by the court. Cause need not be shown for removal under this paragraph. The personal representative may exercise the right at any time before the personal representative delivers the inventory to the probate referee. The personal representative shall exercise the right by filing an affidavit or declaration under penalty of perjury with the court and delivering a copy to the probate referee pursuant to Section 1215. Thereupon, the court shall remove the probate referee without any further act or proof.
(3)Any other cause provided by statute.
(b)Upon removal of the probate referee, the court shall designate another probate referee in the manner prescribed in Section 8920.
SEC. 74.Section 9052 of the Probate Code is amended to read:9052.The notice shall be in substantially the following form:
NOTICE OF ADMINISTRATION OF | |
Notice to creditors: Administration of the estate of _________ (deceased) has been commenced by _________ (personal representative) in Estate No. _________ in the Superior Court of California, County of _________. You must file your claim with the court and deliver a copy pursuant to Section 1215 of the California Probate Code to the personal representative within the last to occur of four months after _________ (the date letters were first issued to a general personal representative, as defined in subdivision (b) of Section 58 of the California Probate Code), or 60 days after the date this notice was mailed to you or, in the case of personal delivery, 60 days after the date this notice was delivered to you, or you must petition to file a late claim as provided in Section 9103 of the California Probate Code. Failure to file a claim with the court and serve a copy of the claim on the personal representative will, in most instances, invalidate your claim. A claim form may be obtained from the court clerk. For your protection, you are encouraged to file your claim by certified mail, with return receipt requested. | |
(Date of mailing this notice) | (Name and address of personal |
A claim form adopted by the Judicial Council shall inform the creditor that the claim must be filed with the court and a copy delivered pursuant to Section 1215 to the personal representative. The claim form shall include a proof of delivery of a copy of the claim to the personal representative, which may be completed by the creditor.
SEC. 76.Section 9732 of the Probate Code is amended to read:9732.(a)The court may order that money of the estate in possession of the personal representative be invested in any manner provided by the will if all of the following conditions are satisfied:
(1)The time for filing claims has expired.
(2)All debts, as defined in Section 11401, have been paid or are sufficiently secured by mortgage or otherwise, or there is sufficient cash in the estate aside from the money to be invested to pay all the debts, or the court is otherwise satisfied that all the debts will be paid.
(3)The estate is not in a condition to be finally distributed.
(b)To obtain an order under this section, the personal representative or any interested person shall file a petition showing the general condition of the estate and the types of investments that are proposed to be made.
(c)Notice of the hearing on the petition shall be delivered as provided in Section 1220. In addition, the petitioner shall cause notice of the hearing and a copy of the petition to be delivered pursuant to Section 1215 to all known devisees of property which is proposed to be invested. Where the property proposed to be invested is devised to a trust or trustee, notice of the hearing and a copy of the petition shall be delivered pursuant to Section 1215 to the trustee or, if the trustee has not yet accepted the trust, to the person named in the will as trustee. Delivery pursuant to this subdivision shall be to the persons last known address as provided in Section 1220.
(d)If no objection has been filed by an interested person, the court may make an order authorizing or directing the personal representative to invest such portion of the money of the estate as the court deems advisable in the types of investments proposed in the petition and authorized by the will. If there is no objection by an interested person and no substantial reason why some or all of the investment powers given by the will should not be exercised, the court shall make the order. The order may be for a limited period or until the administration of the estate is completed. Upon petition of the personal representative or any interested person, the order may be renewed, modified, or terminated at any time.
SEC. 77.Section 9762 of the Probate Code is amended to read:9762.(a)After authorization by order of court upon a showing that it would be to the advantage of the estate and in the best interest of the interested persons, the personal representative may continue as a general or a limited partner in any partnership in which the decedent was a general partner at the time of death. In its order, the court may specify any terms and conditions of the personal representatives participation as a partner that the court determines are to the advantage of the estate and in the best interest of the interested persons, but any terms and conditions that are inconsistent with the terms of any written partnership agreement are subject to the written consent of all of the surviving partners.
(b)If there is a written partnership agreement permitting the decedents personal representative to participate as a partner, the personal representative has all the rights, powers, duties, and obligations provided in the written partnership agreement, except as otherwise ordered by the court pursuant to subdivision (a).
(c)If there is not a written partnership agreement, the personal representative has the rights, powers, duties, and obligations that the court specifies in its order pursuant to subdivision (a).
(d)To obtain an order under this section, the personal representative or any interested person shall file a petition showing that the order requested would be to the advantage of the estate and in the best interest of the interested persons. Notice of the hearing on the petition shall be given as provided in Section 1220. In addition, unless the court otherwise orders, the petitioner, not less than 15 days before the hearing, shall cause notice of hearing and a copy of the petition to be delivered pursuant to Section 1215 to each of the surviving general partners at his or her last known address.
SEC. 78.Section 9783 of the Probate Code is amended to read:9783.A person described in Section 9782 may personally deliver or mail a written objection to the disposition or abandonment to the personal representative on or before the date specified in the notice as the date on or after which the property will be disposed of or abandoned. Subject to Section 9788, after receipt of the written objection, the personal representative shall not dispose of or abandon the property without authorization by order of the court obtained under Section 9611.
SEC. 79.Section 9787 of the Probate Code is amended to read:9787.(a)Except as provided in subdivision (b), a person described in Section 9782 who receives notice of the proposed disposition or abandonment as provided in Section 9782, waives the right to have the court later review the disposition or abandonment of the property unless the person does one of the following:
(1)Personally delivers or mails a written objection as provided in Section 9783.
(2)Serves a restraining order obtained under Section 9784 before whichever of the following is the later time:
(A)The date specified in the notice of proposed disposition or abandonment as the date on or after which the property will be disposed of or abandoned.
(B)The date the property has actually been disposed of or abandoned.
(b)Subject to Section 9785, the court may review the disposition or abandonment of the property upon the motion of a person described in subdivision (a) of Section 9782 who establishes that he or she did not actually receive notice of the proposed disposition or abandonment before the time to object expired.
SEC. 80.Section 10585 of the Probate Code is amended to read:10585.(a)The notice of proposed action shall state all of the following:
(1)The name, mailing address, and electronic address of the personal representative.
(2)The name, telephone number, and electronic address of a person who may be contacted for additional information.
(3)The action proposed to be taken, with a reasonably specific description of the action. If the proposed action involves the sale or exchange of real property, or the granting of an option to purchase real property, the notice of proposed action shall state the material terms of the transaction, including, if applicable, the sale price and the amount of, or method of calculating, any commission or compensation paid or to be paid to an agent or broker in connection with the transaction.
(4)The date on or after which the proposed action is to be taken.
(b)The notice of proposed action may be given using the most current Notice of Proposed Action form prescribed by the Judicial Council.
(c)If the most current form prescribed by the Judicial Council is not used to give notice of proposed action, the notice of proposed action shall satisfy all of the following requirements:
(1)The notice of proposed action shall be in substantially the same form as the form prescribed by the Judicial Council.
(2)The notice of proposed action shall contain the statements described in subdivision (a).
(3)The notice of proposed action shall contain a form for objecting to the proposed action in substantially the form set out in the Judicial Council form.
SEC. 81.Section 10586 of the Probate Code is amended to read:10586.The notice of proposed action shall be delivered pursuant to Section 1215 to each person required to be given notice of proposed action not less than 15 days before the date specified in the notice of proposed action on or after which the proposed action is to be taken. If mailed, the notice of proposed action shall be addressed to the person at the persons last known address.
SEC. 82.Section 10587 of the Probate Code is amended to read:10587.(a)Any person entitled to notice of proposed action under Section 10581 may object to the proposed action as provided in this section.
(b)The objection to the proposed action is made by delivering pursuant to Section 1215 a written objection to the proposed action to the personal representative at the address stated in the notice of proposed action. The person objecting to the proposed action either may use the Judicial Council form or may make the objection in any other writing that identifies the proposed action with reasonable certainty and indicates that the person objects to the taking of the proposed action.
(c)The personal representative is deemed to have notice of the objection to the proposed action if it is delivered or received at the address stated in the notice of proposed action before whichever of the following times is the later:
(1)The date specified in the notice of proposed action on or after which the proposed action is to be taken.
(2)The date the proposed action is actually taken.
SEC. 83.Section 11601 of the Probate Code is amended to read:11601.Notice of the hearing on the petition shall be given as provided in Section 1220 to all of the following persons:
(a)Each person listed in Section 1220.
(b)Each known heir whose interest in the estate would be affected by the petition.
(c)Each known devisee whose interest in the estate would be affected by the petition.
(d)The Attorney General, at the office of the Attorney General in Sacramento, if any portion of the estate is to escheat to the state and its interest in the estate would be affected by the petition.
(e)The Controller, if property is to be distributed to the state because there is no known beneficiary or if property is to be distributed to a beneficiary whose whereabouts is unknown. A copy of the latest account filed with the court shall be delivered to the Controller with the notice.
SEC. 84.Section 13200 of the Probate Code is amended to read:13200.(a)No sooner than six months from the death of a decedent, a person or persons claiming as successor of the decedent to a particular item of property that is real property may file in the superior court in the county in which the decedent was domiciled at the time of death, or if the decedent was not domiciled in this state at the time of death, then in any county in which real property of the decedent is located, an affidavit in the form prescribed by the Judicial Council pursuant to Section 1001 stating all of the following:
(1)The name of the decedent.
(2)The date and place of the decedents death.
(3)A legal description of the real property and the interest of the decedent therein.
(4)The name and address of each person serving as guardian or conservator of the estate of the decedent at the time of the decedents death, so far as known to the affiant.
(5)The gross value of all real property in the decedents estate located in California, as shown by the inventory and appraisal attached to this affidavit, excluding the real property described in Section 13050 of the California Probate Code, does not exceed fifty thousand dollars ($50,000).
(6)At least six months have elapsed since the death of the decedent as shown in a certified copy of decedents death certificate attached to this affidavit.
(7)Either of the following, as appropriate:
(A)No proceeding is now being or has been conducted in California for administration of the decedents estate.
(B)The decedents personal representative has consented in writing to use of the procedure provided by this chapter.
(8)Funeral expenses, expenses of last illness, and all unsecured debts of the decedent have been paid.
(9)The affiant is the successor of the decedent (as defined in Section 13006 of the Probate Code) and to the decedents interest in the described property, and no other person has a superior right to the interest of the decedent in the described property.
(10)The affiant declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
(b)For each person executing the affidavit, the affidavit shall contain a notary publics certificate of acknowledgment identifying the person.
(c)There shall be attached to the affidavit an inventory and appraisal of the decedents real property in this state, excluding the real property described in Section 13050. The inventory and appraisal of the real property shall be made as provided in Part 3 (commencing with Section 8800) of Division 7. The appraisal shall be made by a probate referee selected by the affiant from those probate referees appointed by the Controller under Section 400 to appraise property in the county where the real property is located.
(d)If the affiant claims under the decedents will and no estate proceeding is pending or has been conducted in California, a copy of the will shall be attached to the affidavit.
(e)A certified copy of the decedents death certificate shall be attached to the affidavit. If the decedents personal representative has consented to the use of the procedure provided by this chapter, a copy of the consent and of the personal representatives letters shall be attached to the affidavit.
(f)The affiant shall deliver pursuant to Section 1215 a copy of the affidavit and attachments to any person identified in paragraph (4) of subdivision (a).
SEC. 85.Section 13655 of the Probate Code is amended to read:13655.(a)If proceedings for the administration of the estate of the deceased spouse are pending at the time a petition is filed under this chapter, or if the proceedings are not pending and if the petition filed under this chapter is not filed with a petition for probate of the deceased spouses will or for administration of the estate of the deceased spouse, notice of the hearing on the petition filed under this chapter shall be given as provided in Section 1220 to all of the following persons:
(1)Each person listed in Section 1220 and each person named as executor in any will of the deceased spouse.
(2)All devisees and known heirs of the deceased spouse and, if the petitioner is the trustee of a trust that is a devisee under the will of the decedent, all persons interested in the trust, as determined in cases of future interests pursuant to paragraph (1), (2), or (3) of subdivision (a) of Section 15804.
(b)The notice specified in subdivision (a) shall also be delivered as provided in subdivision (a) to the Attorney General, addressed to the office of the Attorney General at Sacramento, if the petitioner bases the allegation that all or part of the estate of the deceased spouse is property passing to the surviving spouse upon the will of the deceased spouse and the will involves or may involve either of the following:
(1)A testamentary trust of property for charitable purposes other than a charitable trust with a designated trustee, resident in this state.
(2)A devise for a charitable purpose without an identified devisee or beneficiary.
SEC. 86.Section 15686 of the Probate Code is amended to read:15686.(a)As used in this section, trustees fee includes, but is not limited to, the trustees periodic base fee, rate of percentage compensation, minimum fee, hourly rate, and transaction charge, but does not include fees for extraordinary services.
(b)A trustee shall not charge an increased trustees fee for administration of a particular trust unless the trustee first gives at least 60 days written notice of that increased fee to all of the following persons:
(1)Each beneficiary who is entitled to an account under Section 16062.
(2)Each beneficiary who was given the last preceding account.
(3)Each beneficiary who has made a written request to the trustee for notice of an increased trustees fee and has given an address for receiving notice.
(c)If a beneficiary files a petition under Section 17200 for review of the increased trustees fee or for removal of the trustee and serves a copy of the petition on the trustee before the expiration of the 60-day period, the increased trustees fee does not take effect as to that trust until otherwise ordered by the court or the petition is dismissed.
SEC. 87.Section 16061.7 of the Probate Code is amended to read:16061.7.(a)A trustee shall serve a notification by the trustee as described in this section in the following events:
(1)When a revocable trust or any portion thereof becomes irrevocable because of the death of one or more of the settlors of the trust, or because, by the express terms of the trust, the trust becomes irrevocable within one year of the death of a settlor because of a contingency related to the death of one or more of the settlors of the trust.
(2)Whenever there is a change of trustee of an irrevocable trust.
(3)Whenever a power of appointment retained by a settlor is effective or lapses upon death of the settlor with respect to an inter vivos trust which was, or was purported to be, irrevocable upon its creation. This paragraph shall not apply to a charitable remainder trust. For purposes of this paragraph, charitable remainder trust means a charitable remainder annuity trust or charitable remainder unitrust as defined in Section 664(d) of the Internal Revenue Code.
(4)The duty to serve the notification by the trustee pursuant to this subdivision is the duty of the continuing or successor trustee, and any one cotrustee may serve the notification.
(b)The notification by the trustee required by subdivision (a) shall be served on each of the following:
(1)Each beneficiary of the irrevocable trust or irrevocable portion of the trust, subject to the limitations of Section 15804.
(2)Each heir of the deceased settlor, if the event that requires notification is the death of a settlor or irrevocability within one year of the death of the settlor of the trust by the express terms of the trust because of a contingency related to the death of a settlor.
(3)If the trust is a charitable trust subject to the supervision of the Attorney General, to the Attorney General.
(c)A trustee shall, for purposes of this section, rely upon any final judicial determination of heirship, known to the trustee, but the trustee shall have discretion to make a good faith determination by any reasonable means of the heirs of a deceased settlor in the absence of a final judicial determination of heirship known to the trustee.
(d)The trustee need not provide a copy of the notification by trustee to any beneficiary or heir (1) known to the trustee but who cannot be located by the trustee after reasonable diligence or (2) unknown to the trustee.
(e)The notification by trustee shall be served by any of the methods described in Section 1215 to the last known address.
(f)The notification by trustee shall be served not later than 60 days following the occurrence of the event requiring service of the notification by trustee, or 60 days after the trustee became aware of the existence of a person entitled to receive notification by trustee, if that person was not known to the trustee on the occurrence of the event requiring service of the notification. If there is a vacancy in the office of the trustee on the date of the occurrence of the event requiring service of the notification by trustee, or if that event causes a vacancy, then the 60-day period for service of the notification by trustee commences on the date the new trustee commences to serve as trustee.
(g)The notification by trustee shall contain the following information:
(1)The identity of the settlor or settlors of the trust and the date of execution of the trust instrument.
(2)The name, address, and telephone number of each trustee of the trust.
(3)The address of the physical location where the principal place of administration of the trust is located, pursuant to Section 17002.
(4)Any additional information that may be expressly required by the terms of the trust instrument.
(5)A notification that the recipient is entitled, upon reasonable request to the trustee, to receive from the trustee a true and complete copy of the terms of the trust.
(h)If the notification by the trustee is served because a revocable trust or any portion of it has become irrevocable because of the death of one or more settlors of the trust, or because, by the express terms of the trust, the trust becomes irrevocable within one year of the death of a settlor because of a contingency related to the death of one or more of the settlors of the trust, the notification by the trustee shall also include a warning, set out in a separate paragraph in not less than 10-point boldface type, or a reasonable equivalent thereof, that states as follows:
You may not bring an action to contest the trust more than 120 days from the date this notification by the trustee is served upon you or 60 days from the date on which a copy of the terms of the trust is delivered to you during that 120-day period, whichever is later.
(i)Any waiver by a settlor of the requirement of serving the notification by trustee required by this section is against public policy and shall be void.
(j)A trustee may serve a notification by trustee in the form required by this section on any person in addition to those on whom the notification by trustee is required to be served. A trustee is not liable to any person for serving or for not serving the notice on any person in addition to those on whom the notice is required to be served. A trustee is not required to serve a notification by trustee if the event that otherwise requires service of the notification by trustee occurs before January 1, 1998.
SEC. 88.Section 16061.8 of the Probate Code is amended to read:16061.8.No person upon whom the notification by the trustee is served pursuant to this chapter, whether the notice is served on him or her within or after the time period set forth in subdivision (f) of Section 16061.7, may bring an action to contest the trust more than 120 days from the date the notification by the trustee is served upon him or her, or 60 days from the date on which a copy of the terms of the trust is delivered pursuant to Section 1215 to him or her during that 120-day period, whichever is later.
SEC. 89.Section 16061.9 of the Probate Code is amended to read:16061.9.(a)A trustee who fails to serve the notification by trustee as required by Section 16061.7 on a beneficiary shall be responsible for all damages, attorneys fees, and costs caused by the failure unless the trustee makes a reasonably diligent effort to comply with that section.
(b)A trustee who fails to serve the notification by trustee as required by Section 16061.7 on an heir who is not a beneficiary and whose identity is known to the trustee shall be responsible for all damages caused to the heir by the failure unless the trustee shows that the trustee made a reasonably diligent effort to comply with that section. For purposes of this subdivision, reasonably diligent effort means that the trustee has delivered notice pursuant to Section 1215 to the heir at the heirs last address actually known to the trustee.
(c)A trustee, in exercising discretion with respect to the timing and nature of distributions of trust assets, may consider the fact that the period in which a beneficiary or heir could bring an action to contest the trust has not expired.
SEC. 90.Section 16336.6 of the Probate Code is amended to read:16336.6.Unless expressly prohibited by the governing instrument, a trustee may reconvert the trust from a unitrust or change the payout percentage of a unitrust.
(a)The trustee may make the reconversion or change in payout percentage without a court order if all of the following conditions are satisfied:
(1)At least three years have elapsed since the most recent conversion to a unitrust.
(2)The trustee determines that reconversion or change in payout percentage would enable the trustee to better comply with the provisions of subdivision (b) of Section 16335.
(3)One of the following notice requirements is satisfied:
(A)In the case of a proposed reconversion, the trustee gives written notice of the trustees intention to convert that complies with the requirements of Chapter 5 (commencing with Section 16500) and no beneficiary objects to the proposed action in a writing delivered pursuant to Section 1215 to the trustee within the period prescribed by subdivision (d) of Section 16502. The trustees notice shall include the information described in paragraphs (3) and (4) of subdivision (c) of Section 16336.4.
(B)In the case of a proposed change in payout percentage, the trustee gives written notice stating the new payout percentage that the trustee proposes to adopt, which notice shall comply with the requirements of Chapter 5 (commencing with Section 16500), and no beneficiary objects to the proposed action in a writing delivered pursuant to Section 1215 to the trustee within the period prescribed by subdivision (d) of Section 16502.
(b)The trustee may make the reconversion or change in payout percentage at any time pursuant to court order provided that: (1) the court determines that reconversion or change in payout percentage will enable the trustee to better comply with the provisions of subdivision (b) of Section 16335, and (2) in the case of a change in payout percentage, the new payout percentage is at least 3 percent and no greater than 5 percent. The court may enter an order pursuant to this subdivision upon the petition of the trustee or any beneficiary.
SEC. 91.Section 16501 of the Probate Code is amended to read:16501.(a)The trustee who elects to provide notice pursuant to this chapter shall deliver notice pursuant to Section 1215 of the proposed action to each of the following:
(1)A beneficiary who is receiving, or is entitled to receive, income under the trust, including a beneficiary who is entitled to receive income at the discretion of the trustee.
(2)A beneficiary who would receive a distribution of principal if the trust were terminated at the time the notice is given.
(b)Notice of proposed action is not required to be given to a person who consents in writing to the proposed action. The consent may be executed at any time before or after the proposed action is taken.
(c)A trustee is not required to provide a copy of the notice of proposed action to a beneficiary who is known to the trustee but who cannot be located by the trustee after reasonable diligence or who is unknown to the trustee.
(d)Notwithstanding any other provision of this chapter, the trustee may not use a notice of proposed action in any of the following actions:
(1)Allowance of the trustees compensation.
(2)Allowance of compensation of the attorney for the trustee.
(3)Settlement of accounts.
(4)Discharge of the trustee.
(5)Sale of property of the trust to the trustee or to the attorney for the trustee.
(6)Exchange of property of the trust for property of the trustee or for property of the attorney for the trustee.
(7)Grant of an option to purchase property of the trust to the trustee or to the attorney for the trustee.
(8)Allowance, payment, or compromise of a claim of the trustee, or the attorney for the trustee, against the trust.
(9)Compromise or settlement of a claim, action, or proceeding by the trust against the trustee or against the attorney for the trust.
(10)Extension, renewal, or modification of the terms of a debt or other obligation of the trustee, or the attorney for the trustee, owing to or in favor of the trust.
SEC. 92.Section 16502 of the Probate Code is amended to read:16502.The notice of proposed action shall state that it is given pursuant to this section and shall include all of the following:
(a)The name, mailing address, and electronic address of the trustee.
(b)The name, telephone number, and electronic address of a person who may be contacted for additional information.
(c)A description of the action proposed to be taken and an explanation of the reasons for the action.
(d)The time within which objections to the proposed action can be made, which shall be at least 45 days from the delivery or receipt of the notice of proposed action.
(e)The date on or after which the proposed action may be taken or is effective.
SEC. 93.Section 16503 of the Probate Code is amended to read:16503.(a)A beneficiary may object to the proposed action by delivering a written objection pursuant to Section 1215 to the trustee at the address stated in the notice of proposed action within the time period specified in the notice of proposed action.
(b)A trustee is not liable to a beneficiary for an action regarding a matter governed by this part if the trustee does not receive a written objection to the proposed action from a beneficiary within the applicable period and the other requirements of this section are satisfied. If no beneficiary entitled to notice objects under this section, the trustee is not liable to any current or future beneficiary with respect to the proposed action. This subdivision does not apply to a person who is a minor or an incompetent adult at the time of receiving the notice of proposed action unless the notice is served on a guardian or conservator of the estate of the person.
(c)If the trustee receives a written objection within the applicable period, either the trustee or a beneficiary may petition the court to have the proposed action taken as proposed, taken with modifications, or denied. In the proceeding, a beneficiary objecting to the proposed action has the burden of proving that the trustees proposed action should not be taken. A beneficiary who has not objected is not estopped from opposing the proposed action in the proceeding.
(d)If the trustee decides not to implement the proposed action, the trustee shall notify the beneficiaries of the decision not to take the action and the reasons for the decision, and the trustees decision not to implement the proposed action does not itself give rise to liability to any current or future beneficiary. A beneficiary may petition the court to have the action taken, and has the burden of proving that it should be taken.
SEC. 94.Section 17203 of the Probate Code is amended to read:17203.(a)At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of hearing to be delivered pursuant to Section 1215 to all of the following persons:
(1)All trustees.
(2)All beneficiaries, subject to Chapter 2 (commencing with Section 15800) of Part 3.
(3)The Attorney General, if the petition relates to a charitable trust subject to the jurisdiction of the Attorney General.
(b)At least 30 days before the time set for hearing on the petition, the petitioner shall cause notice of the hearing and a copy of the petition to be served in the manner provided in Chapter 4 (commencing with Section 413.10) of Title 5 of Part 2 of the Code of Civil Procedure on any person, other than a trustee or beneficiary, whose right, title, or interest would be affected by the petition and who does not receive notice pursuant to subdivision (a). The court may not shorten the time for giving notice under this subdivision.
(c)If a person to whom notice otherwise would be given has been deceased for at least 40 days, and no personal representative has been appointed for the estate of that person, and the deceased persons right, title, or interest has not passed to any other person pursuant to Division 8 (commencing with Section 13000) or otherwise, notice may instead be given to the following persons:
(1)Each heir and devisee of the decedent, and all persons named as executors of the will of the decedent, so far as known to the petitioner.
(2)Each person serving as guardian or conservator of the decedent at the time of the decedents death, so far as known to the petitioner.
SEC. 95.Section 17204 of the Probate Code is amended to read:17204.(a)If proceedings involving a trust are pending, a beneficiary of the trust may, in person or by attorney, file with the court clerk where the proceedings are pending a written request stating that the beneficiary desires special notice of the filing of petitions in the proceeding relating to any or all of the purposes described in Section 17200 and giving an address for receiving notice by mail. A copy of the request shall be delivered pursuant to Section 1215 to the trustee or the trustees attorney. If personally delivered, the request shall be effective when it is delivered. If mailed or electronically delivered, the request shall be effective when it is received. When the original of the request is filed with the court clerk, it shall be accompanied by a written admission or proof of service. A request for special notice may be modified or withdrawn in the same manner as provided for the making of the initial request.
(b)(1)An interested person may request special notice in the same manner as a beneficiary under subdivision (a), for the purpose set forth in paragraph (9) of subdivision (b) of Section 17200. The request for special notice shall be accompanied by a verified statement of the persons interest.
(2)For purposes set forth in paragraphs (2), (4) to (6), inclusive, (8), (12), (16), (20), and (21) of subdivision (b) of Section 17200, an interested person may petition the court for an order for special notice of proceedings involving a trust. The petition shall include a verified statement of the creditors interest and may be served on the trustee or the trustees attorney in a manner described in Section 1215. The petition may be made by ex parte application.
(3)For purposes of this subdivision, an interested person means only a creditor of a trust or, if the trust has become irrevocable upon the death of a trustor, a creditor of the trustor.
(4)This section does not confer standing on an interested person if standing does not otherwise exist.
(c)Except as provided in subdivision (d), after serving and filing a request and proof of service pursuant to subdivision (a) or paragraph (1) of subdivision (b), the beneficiary or the interested person is entitled to notice pursuant to Section 17203. If the petition of an interested person filed pursuant to paragraph (2) of subdivision (b) is granted by the court, the interested person is entitled to notice pursuant to Section 17203.
(d)A request for special notice made by a beneficiary whose right to notice is restricted by Section 15802 is not effective.
SEC. 96.Section 17205 of the Probate Code is amended to read:17205.If a trustee or beneficiary has served and filed either a notice of appearance, in person or by counsel, directed to the petitioner or the petitioners counsel in connection with a particular petition and proceeding or a written request for a copy of the petition, and has given an address to which notice or a copy of the petition may be delivered pursuant to Section 1215, the petitioner shall cause a copy of the petition to be delivered to that person within five days after service of the notice of appearance or receipt of the request.
SEC. 97.Section 17403 of the Probate Code is amended to read:17403.(a)At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of the time and place of the hearing to be delivered pursuant to Section 1215 to each of the persons named in the petition at their respective addresses as stated in the petition.
(b)Any person interested in the trust, as trustee, beneficiary, or otherwise, may appear and file written grounds in opposition to the petition.
SEC. 98.Section 17454 of the Probate Code is amended to read:17454.(a)At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of the time and place of the hearing to be delivered pursuant to Section 1215 to each of the persons named in the petition at their respective addresses as stated in the petition.
(b)Any person interested in the trust, as trustee, beneficiary, or otherwise, may appear and file written grounds in opposition to the petition.
SEC. 99.Section 19011 of the Probate Code is amended to read:19011.(a)The Judicial Council may prescribe the form and contents of the petition, notice, claim form, and allowance or rejection form to be used pursuant to this part. The allowance or rejection form may be part of the claim form.
(b)Any claim form adopted by the Judicial Council shall inform the creditor that the claim must be filed with the court and a copy delivered pursuant to Section 1215 to the trustee. The claim form shall include a proof of delivery of a copy of the claim to the trustee, which may be completed by the claimant.
SEC. 100.Section 19024 of the Probate Code is amended to read:19024.At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of the time and place of the hearing, together with a copy of the petition, to be delivered pursuant to Section 1215 to each of the following persons who is not a petitioner:
(a)All trustees of the trust and of any other trusts to which an allocation of liability may be approved by the court pursuant to the petition.
(b)All beneficiaries affected.
(c)The personal representative of the deceased settlors probate estate, if any is known to the trustee.
(d)The Attorney General, if the petition relates to a charitable trust subject to the jurisdiction of the Attorney General, unless the Attorney General waives notice.
SEC. 101.Section 19040 of the Probate Code is amended to read:19040.(a)Publication of notice pursuant to this section shall be for at least 15 days. Three publications in a newspaper published once a week or more often, with at least five days intervening between the first and last publication dates, not counting the first and last publication dates as part of the five-day period, are sufficient. Notice shall be published in a newspaper of general circulation in the city, county, or city and county in this state where the deceased settlor resided at the time of death, or if none, in the city, county, or city and county in this state wherein trust property was located at the time of the settlors death, or if none, in the city, county, or city and county in this state wherein the principal place of administration of the trust was located at the time of the settlors death. If there is no newspaper of general circulation published in the applicable city, county, or city and county, notice shall be published in a newspaper of general circulation published in this state nearest to the applicable city, county, or city and county seat, and which is circulated within the applicable city, county, or city and county. If there is no such newspaper, notice shall be given in written or printed form, posted at three of the most public places within the community. For purposes of this section, city means a charter city as defined in Section 34101 of the Government Code or a general law city as defined in Section 34102 of the Government Code.
(b)The caption of the notice, the deceased settlors name, and the name of
the trustee shall be in at least 8-point type, the text of the notice shall be in at least 7-point type, and the notice shall state substantially as follows:
NOTICE TO CREDITORS | |
# ____________ SUPERIOR COURT OF CALIFORNIA COUNTY OF _________ Notice is hereby given to the creditors and contingent creditors of the above-named decedent, that all persons having claims against the decedent are required to file them with the Superior Court, at _______, and deliver pursuant to Section 1215 of the California Probate Code a copy to _____, as trustee of the trust dated ____ wherein the decedent was the settlor, at _____, within the later of four months after ____ (the date of the first publication of notice to creditors) or, if notice is mailed or personally delivered to you, 60 days after the date this notice is mailed or personally delivered to you. A claim form may be obtained from the court clerk. For your protection, you are encouraged to file your claim by certified mail, with return receipt requested. | |
(name and address of trustee or attorney) |
(c)An affidavit showing due publication of notice shall be filed with the clerk upon completion of the publication. The affidavit shall contain a copy of the notice, and state the date of its first publication.
SEC. 102.Section 19052 of the Probate Code is amended to read:19052.The notice shall be in substantially the following form:
NOTICE TO CREDITORS
OF _____________
# ____________
SUPERIOR COURT OF CALIFORNIA
COUNTY OF _________
Notice is hereby given to the creditors and contingent creditors of the above-named decedent, that all persons having claims against the decedent are required to file them with the Superior Court, at _______, and deliver pursuant to Section 1215 of the California Probate Code a copy to ______, as trustee of the trust dated _____ wherein the decedent was the settlor, at _______, within the later of four months after _____ (the date of the first publication of notice
to creditors) or, if notice is mailed or personally delivered to you, 60 days after the date this notice is mailed or personally delivered to you, or you must petition to file a late claim as provided in Section 19103 of the Probate Code. A claim form may be obtained from the court clerk. For your protection, you are encouraged to file your claim by certified mail, with return receipt requested.
__________________________
(Date of mailing this
notice if applicable)
___________________________
(name and address of
trustee or attorney)
(a)A claim may be filed by the creditor or a person acting on behalf of the claimant.
(b)A claim shall be filed with the court and a copy shall be delivered to the trustee pursuant to Section 1215. Failure to deliver a copy to the trustee does not invalidate a properly filed claim, but any loss that results from the failure shall be borne by the creditor.
SEC. 104.Section 19153 of the Probate Code is amended to read:19153.The Judicial Council may adopt a claim form which shall inform the creditor that the claim must be filed with the court and a copy delivered to the trustee pursuant to Section 1215. Any such claim form shall include a proof of delivery of a copy of the claim to the trustee which may be completed by the creditor.
SEC. 105.Section 19323 of the Probate Code is amended to read:19323.(a)At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of the time and place of the hearing and a copy of the petition to be served on the surviving spouse in the manner provided in Chapter 4 (commencing with Section 413.10) of Title 5 of Part 2 of the Code of Civil Procedure.
(b)At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of the time and place of hearing, together with a copy of the petition, to be delivered pursuant to Section 1215 to each of the following persons who are not petitioners:
(1)All trustees of the trust and of any trusts to which an allocation of liability may be approved by the court pursuant to the petition.
(2)All beneficiaries affected.
(3)The personal representative of the deceased settlors probate estate, if any is known to the trustee.
(4)The Attorney General, if the petition relates to a charitable trust subject to the jurisdiction of the Attorney General, unless the Attorney General waives notice.
SEC. 106.Section 20122 of the Probate Code is amended to read:20122.Not less than 30 days before the hearing, the petitioner shall do both of the following:
(a)Cause notice of the hearing and a copy of the petition to be delivered pursuant to Section 1215 to the personal representative and to each person interested in the estate against whom prorated amounts may be charged pursuant to paragraph (1) of subdivision (a) of Section 20123.
(b)Cause a summons and a copy of the petition to be served on each person interested in the estate who may be directed to make payment of prorated amounts pursuant to paragraph (2) of subdivision (a) of Section 20123. The summons shall be in the form and shall be served in the manner prescribed in Title 5 (commencing with Section 410.10) of Part 2 of the Code of Civil Procedure.
SEC. 107.Section 20222 of the Probate Code is amended to read:20222.Not less than 30 days before the hearing the petitioner shall do both of the following:
(a)Cause notice of the hearing and a copy of the petition to be delivered pursuant to Section 1215 to the trustee and each transferee against whom prorated amounts may be charged pursuant to paragraph (1) of subdivision (a) of Section 20223.
(b)Cause a summons and a copy of the petition to be served on each transferee who may be directed to make payment of prorated amounts pursuant to paragraph (2) of subdivision (a) of Section 20223. The summons shall be in the form and shall be served in the manner prescribed in Title 5 (commencing with Section 410.10) of Part 2 of the Code of Civil Procedure.
SEC. 108.Section 212.5 is added to the Welfare and Institutions Code, to read:212.5.Unless otherwise provided by law, a document in a juvenile court matter may be filed and served electronically as prescribed by Section 1010.6 of the Code of Civil Procedure, under the following conditions:
(a)Electronic service is authorized only if the county and the court permit electronic service.
(b)(1)On or before December 31, 2018, electronic service on a party or other person is permitted only if the party or other person has consented to accept electronic service in that specific action. A party or other person may subsequently withdraw its consent to electronic service.
(2)On or after January 1, 2019, electronic service on a party or other person is permitted only if the party or other person has expressly consented, as provided in Section 1010.6 of the Code of Civil Procedure. A party or other person may subsequently withdraw its consent to electronic service by completing the appropriate Judicial Council form.
(c)Consent, or the withdrawal of consent, to receive electronic service may be completed by a party or other person entitled to service, or that persons attorney.
(d)Electronic service shall be provided in the following manner:
(1)Electronic service is not permitted on any party or person who is under 10 years of age.
(2)Electronic service is not permitted on any party or person who is between 10 years of age and 15 years of age without the express consent of the minor and the minors attorney.
(3)Electronic service shall be permitted on any party or person who is 16 to 18 years of age only if the minor, after consultation with his or her attorney, consents. By January 1, 2019, the Judicial Council shall develop a rule of court on the duties of the minors attorney during the required consultation.
(4)Electronic service of psychological or medical documentation related to a minor shall not be permitted, other than the summary required pursuant to Section 16010 when included as part of a required report to the court.
(e)In the following matters, the party or other person shall be served by both electronic means and by other means specified by law if the document to be served is one of the following:
(1)A notice of hearing or an appellate advisement issued pursuant to subparagraph (A) of paragraph (3) of subdivision (l) of Section 366.26 for a hearing at which a social worker is recommending the termination of parental rights.
(2)A citation issued pursuant to Section 661.
(3)A notice of hearing pursuant to subdivision (d) of Section 777.
(f)If the minor is an Indian child or the court has reason to know that an Indian child is involved, service shall be made pursuant to Section 224.2.
(g)Electronic service and electronic filing shall be conducted in a manner that preserves and ensures the confidentiality of records by encryption.
(h)The requirements of this section shall be consistent with Section 1010.6 of the Code of Civil Procedure and rules of court adopted by the Judicial Council pursuant to that section.
SEC. 109.Section 248 of the Welfare and Institutions Code is amended to read:248.(a)A referee shall hear those cases that are assigned to him or her by the presiding judge of the juvenile court, with the same powers as a judge of the juvenile court, except that a referee shall not conduct any hearing to which the state or federal constitutional prohibitions against double jeopardy apply unless all of the parties thereto stipulate in writing that the referee may act in the capacity of a temporary judge. A referee shall promptly furnish to the presiding judge of the juvenile court and the minor, if the minor is 14 or more years of age or if younger has so requested, and shall serve upon the minors attorney of record and the minors parent or guardian or adult relative and the attorney of record for the minors parent or guardian or adult relative a written copy of his or her findings and order and shall also furnish to the minor, if the minor is 14 or more years of age or if younger has so requested, and to the parent or guardian or adult relative, with the findings and order, a written explanation of the right of those persons to seek review of the order by the juvenile court.
(b)Service, as provided in this section, shall be made as follows:
(1)If a minor, parent, or guardian is present in court at the time the findings and order are made, then the findings and order may be served in court on any minor, parent, or guardian who is present in court on that date and a written explanation of the right to seek review of the order as required pursuant to subdivision (a) shall be furnished at that time.
(2)If paragraph (1) is not applicable, service shall be made by mail or electronic service pursuant to Section 212.5, within the time period specified in Section 248.5, to the last known address of those persons or to the address designated by those persons appearing at the hearing before the referee and the documents served shall include, if applicable, the written explanation of the right to seek review of the order. If the parent or guardian does not have a last known address or electronic service address designated, service shall be to that party in care of his or her counsel.
SEC. 110.Section 248.5 of the Welfare and Institutions Code is amended to read:248.5.All written findings and orders of the court shall be served by the clerk of the court personally, by first-class mail, or by electronic service pursuant to Section 212.5, within three judicial days of their issuance on the petitioner, the minor or the minors counsel, the parent or the parents counsel, and the guardian or the guardians counsel.
SEC. 111.Section 290.1 of the Welfare and Institutions Code, as amended by Section 1 of Chapter 219 of the Statutes of 2015, is amended 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)Notice shall not be served electronically under this section.
(g)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. 112.Section 290.1 of the Welfare and Institutions Code, as added by Section 2 of Chapter 219 of the Statutes of 2015, is repealed.SEC. 113.Section 290.2 of the Welfare and Institutions Code, as amended by Section 309 of Chapter 86 of the Statutes of 2016, 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)Notice is not 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)Notice shall not be served electronically under this section.
(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. 114.Section 290.2 of the Welfare and Institutions Code, as amended by Section 310 of Chapter 86 of the Statutes of 2016, is repealed.SEC. 115.Section 291 of the Welfare and Institutions Code, as amended by Section 60 of Chapter 612 of the Statutes of 2016, 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, nonrelative extended family members, and resource family. 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 before 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 before 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, by first-class mail, or by electronic service pursuant to Section 212.5.
(3)If the child is not detained, the persons required to be noticed shall be noticed by personal service, by first-class mail, or by electronic service pursuant to Section 212.5, unless the person to be served is known to reside outside the county, in which case service shall be by first-class mail or by electronic service pursuant to Section 212.5.
(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. 116.Section 291 of the Welfare and Institutions Code, as amended by Section 61 of Chapter 612 of the Statutes of 2016, is repealed.SEC. 117.Section 292 of the Welfare and Institutions Code, as amended by Section 7 of Chapter 219 of the Statutes of 2015, 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 with return receipt requested, addressed to the last known address of the person to be noticed, or by electronic service pursuant to Section 212.5.
(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. 118.Section 292 of the Welfare and Institutions Code, as added by Section 8 of Chapter 219 of the Statutes of 2015, is repealed.SEC. 119.Section 293 of the Welfare and Institutions Code, as amended by Section 62 of Chapter 612 of the Statutes of 2016, 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, resource family, 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, by personal service, or by electronic service pursuant to Section 212.5.
(f)Notice to the current caregiver of the child, including a foster parent, a relative caregiver, a preadoptive parent, a nonrelative extended family member, a resource family, 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. 120.Section 293 of the Welfare and Institutions Code, as amended by Section 63 of Chapter 612 of the Statutes of 2016, is repealed.SEC. 121.Section 294 of the Welfare and Institutions Code, as amended by Section 64 of Chapter 612 of the Statutes of 2016, 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, nonrelative extended family members, or resource family. 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 service pursuant to Section 212.5, 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, placement with a fit and willing relative, or another planned permanent living arrangement, as appropriate, 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, placement with a fit and willing relative, or another planned permanent living arrangement, as appropriate, for the child. The court shall direct the parent to appear for the proceedings and then direct that the parent be notified thereafter only by first-class mail to the parents usual place of residence or business, or by electronic service pursuant to Section 212.5.
(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 served on the parent named in the notice by first-class mail at the place where the notice was delivered or by electronic service pursuant to Section 212.5.
(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, placement with a fit and willing relative, or another planned permanent living arrangement, as appropriate, service may be made by first-class mail to the parents usual place of residence or business or by electronic service pursuant to Section 212.5. In the case of an Indian child, if the recommendation of the probation officer or social worker is 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 or by electronic service pursuant to Section 212.5.
(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, placement with a fit and willing relative, or another planned permanent living arrangement, as appropriate, 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 or by electronic service pursuant to Section 212.5.
(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, placement with a fit and willing relative, or another planned permanent living arrangement, as appropriate, no further notice to the parent shall be required.
(h)Notice to all counsel of record shall be by first-class mail or by electronic service pursuant to Section 212.5.
(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)Notice of any hearing at which the county welfare department is recommending the termination of parental rights may only be served electronically if notice is also given by another means of service provided for in this section.
SEC. 122.Section 294 of the Welfare and Institutions Code, as amended by Section 65 of Chapter 612 of the Statutes of 2016, is repealed.SEC. 123.Section 295 of the Welfare and Institutions Code, as amended by Section 66 of Chapter 612 of the Statutes of 2016, 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, resource family, 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 or by electronic service pursuant to Section 212.5. 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 before 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. 124.Section 295 of the Welfare and Institutions Code, as amended by Section 67 of Chapter 612 of the Statutes of 2016, is repealed.SEC. 125.Section 297 of the Welfare and Institutions Code is amended to read:297.(a)A subsequent petition filed pursuant to Section 342 shall be noticed pursuant to Sections 290.1 and 290.2, except that service may be delivered by electronic service pursuant to Section 212.5.
(b)Upon the filing of a supplemental petition pursuant to Section 387, the clerk of the juvenile court shall immediately set the matter for hearing within 30 days of the date of the filing, and the social worker or probation officer shall cause notice thereof to be served upon the persons required by, and in the manner prescribed by, Sections 290.1, 290.2, and 291, except that service may be delivered by electronic service pursuant to Section 212.5.
(c)If a petition for modification has been filed pursuant to Section 388, and it appears that the best interest of the child may be promoted by the proposed change of the order, the recognition of a sibling relationship, or the termination of jurisdiction, the court shall order that a hearing be held and shall give prior notice, or cause prior notice to be given, to the social worker or probation officer and to the childs attorney of record, or if there is no attorney of record for the child, to the child, and his or her parent or parents or legal guardian or guardians in the manner prescribed by Section 291 unless a different manner is prescribed by the court.
(d)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.
(e)On and after January 1, 2012, if a petition for modification has been filed pursuant to subdivision (e) of Section 388 by a nonminor dependent, as described in subdivision (v) of Section 11400, no notice is required for a parent.
SEC. 126.Section 302 of the Welfare and Institutions Code is amended to read:302.(a)A juvenile court may assume jurisdiction over a child described in Section 300 regardless of whether the child was in the physical custody of both parents or was in the sole legal or physical custody of only one parent at the time that the events or conditions occurred that brought the child within the jurisdiction of the court.
(b)Unless their parental rights have been terminated, both parents shall be notified of all proceedings involving the child. In any case where the social worker is required to provide a parent or guardian with notice of a proceeding at which the social worker intends to present a report, the social worker shall also provide both parents, whether custodial or noncustodial, or any guardian, or the counsel for the parent or guardian a copy of the report prior to the hearing, by personal service, by first-class mail, or by electronic service pursuant to Section 212.5. The social worker shall not charge any fee for providing a copy of a report required by this subdivision. The social worker shall keep confidential the address of any parent who is known to be the victim of domestic violence.
(c)When a child is adjudged a dependent of the juvenile court, any issues regarding custodial rights between his or her parents shall be determined solely by the juvenile court, as specified in Sections 304, 361.2, and 362.4, so long as the child remains a dependent of the juvenile court.
(d)Any custody or visitation order issued by the juvenile court at the time the juvenile court terminates its jurisdiction pursuant to Section 362.4 regarding a child who has been previously adjudged to be a dependent child of the juvenile court shall be a final judgment and shall remain in effect after that jurisdiction is terminated. The order shall not be modified in a proceeding or action described in Section 3021 of the Family Code unless the court finds that there has been a significant change of circumstances since the juvenile court issued the order and modification of the order is in the best interests of the child.
SEC. 127.Section 316.1 of the Welfare and Institutions Code, as amended by Section 15 of Chapter 219 of the Statutes of 2015, is amended 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)Upon his or her appearance before the court, each party who consents to electronic service pursuant to Section 212.5 shall designate for the court his or her electronic service address. The court shall advise each party that the electronic service address will be used by the court and the social services agency for purposes of providing notice pursuant to Sections 291, 292, 293, 294, 295, 297, and 342, unless and until the party notifies the court or the social services agency of a new electronic service address in writing or unless the party withdraws consent to electronic service.
SEC. 128.Section 316.1 of the Welfare and Institutions Code, as added by Section 16 of Chapter 219 of the Statutes of 2015, is repealed.SEC. 129.Section 342 of the Welfare and Institutions Code is amended to read:342.(a)In any case in which a minor has been found to be a person described by Section 300 and the petitioner alleges new facts or circumstances, other than those under which the original petition was sustained, sufficient to state that the minor is a person described in Section 300, the petitioner shall file a subsequent petition. This section does not apply if the jurisdiction of the juvenile court has been terminated prior to the new allegations.
(b)Unless otherwise provided by law, all procedures and hearings required for an original petition are applicable to a subsequent petition filed under this section.
SEC. 130.Section 362.4 of the Welfare and Institutions Code is amended to read:362.4.(a)If the juvenile court terminates its jurisdiction over a minor who has been adjudged a dependent child of the juvenile court prior to the minors attainment of the age of 18 years, and proceedings for dissolution of marriage, for nullity of marriage, or for legal separation, of the minors parents, or proceedings to establish the paternity of the minor child brought under the Uniform Parentage Act, Part 3 (commencing with Section 7600) of Division 12 of the Family Code, are pending in the superior court of any county, or an order has been entered with regard to the custody of that minor, the juvenile court on its own motion, may issue a protective order as provided for in Section 213.5 or as defined in Section 6218 of the Family Code, and an order determining the custody of, or visitation with, the child.
(b)Any order issued pursuant to this section shall continue until modified or terminated by a subsequent order of the superior court. The order of the juvenile court shall be filed in the proceeding for nullity, dissolution, or legal separation, or in the proceeding to establish paternity, at the time the juvenile court terminates its jurisdiction over the minor, and shall become a part thereof.
(c)If no action is filed or pending relating to the custody of the minor in the superior court of any county, the juvenile court order may be used as the sole basis for opening a file in the superior court of the county in which the parent, who has been given custody, resides. The court may direct the parent or the clerk of the juvenile court to transmit the order to the clerk of the superior court of the county in which the order is to be filed. The clerk of the superior court shall, immediately upon receipt, open a file, without a filing fee, and assign a case number.
(d)The clerk of the superior court shall, upon the filing of any juvenile court custody order, send a copy of the order with the case number by first-class mail or by electronic means pursuant to Section 212.5 to the juvenile court and to the parents at the address listed on the order.
(e)The Judicial Council shall adopt forms for any custody or restraining order issued under this section. These form orders shall not be confidential.
SEC. 131.Section 364.05 of the Welfare and Institutions Code is amended to read:364.05.Notwithstanding Section 364, in a county of the first class, a copy of the report required pursuant to subdivision (b) of Section 364 shall be provided to all parties at least 10 calendar days before the hearing. This may be accomplished by electronically serving the report pursuant to Section 212.5 or by mailing the report at least 15 calendar days before the hearing to a party whose address is within the State of California, or at least 20 calendar days before the hearing to a party whose address is outside the State of California. The court shall grant a reasonable continuance, not to exceed 10 calendar days, upon request by any party or his or her counsel on the ground that the report was not provided at least 10 calendar days before the hearing as required by this section, unless the party or his or her counsel has expressly waived the requirement that the report be provided within the 10-day period or the court finds that the partys ability to proceed at the hearing is not prejudiced by the lack of timely service of the report. In making this determination, the court shall presume that a party is prejudiced by the lack of timely service of the report, and may find that the party is not prejudiced only by clear and convincing evidence to the contrary.
SEC. 132.Section 366.05 of the Welfare and Institutions Code is amended to read:366.05.Notwithstanding subdivision (c) of Section 366.21, in a county of the first class, any supplemental report filed in connection with a status review hearing held pursuant to subdivision (a) of Section 366 shall be provided to the parent or legal guardian and to counsel for the child at least 10 calendar days before the hearing. This may be accomplished by electronically serving the report pursuant to Section 212.5 or by mailing the report at least 15 calendar days before the hearing to a party whose address is within the State of California, or at least 20 calendar days before the hearing to a party whose address is outside the State of California. The court shall grant a reasonable continuance, not to exceed 10 calendar days, upon request by any party or his or her counsel on the ground that the report was not provided at least 10 calendar days before the hearing as required by this section, unless the party or his or her counsel has expressly waived the requirement that the report be provided within the 10-day period or the court finds that the partys ability to proceed at the hearing is not prejudiced by the lack of timely service of the report. In making this determination, the court shall presume that a party is prejudiced by the lack of timely service of the report, and may find that the party is not prejudiced only by clear and convincing evidence to the contrary.
SEC. 133.Section 366.21 of the Welfare and Institutions Code is amended to read:366.21.(a)Every hearing conducted by the juvenile court reviewing the status of a dependent child shall be placed on the appearance calendar. The court shall advise all persons present at the hearing of the date of the future hearing and of their right to be present and represented by counsel.
(b)Except as provided in Sections 294 and 295, notice of the hearing shall be provided pursuant to Section 293.
(c)At least 10 calendar days before the hearing, the social worker shall file a supplemental report with the court regarding the services provided or offered to the parent or legal guardian to enable him or her to assume custody and the efforts made to achieve legal permanence for the child if efforts to reunify fail, including, but not limited to, efforts to maintain relationships between a child who is 10 years of age or older and has been in out-of-home placement for six months or longer and individuals who are important to the child, consistent with the childs best interests; the progress made; and, where relevant, the prognosis for return of the child to the physical custody of his or her parent or legal guardian; and shall make his or her recommendation for disposition. If the child is a member of a sibling group described in subparagraph (C) of paragraph (1) of subdivision (a) of Section 361.5, the report and recommendation may also take into account those factors described in subdivision (e) relating to the childs sibling group. If the recommendation is not to return the child to a parent or legal guardian, the report shall specify why the return of the child would be detrimental to the child. The social worker shall provide the parent or legal guardian, counsel for the child, and any court-appointed child advocate with a copy of the report, including his or her recommendation for disposition, at least 10 calendar days before the hearing. The report may be served pursuant to Section 212.5. In the case of a child removed from the physical custody of his or her parent or legal guardian, the social worker shall, at least 10 calendar days before the hearing, provide a summary of his or her recommendation for disposition to any foster parents, relative caregivers, and certified foster parents who have been approved for adoption by the State Department of Social Services when it is acting as an adoption agency or by a county adoption agency, community care facility, or foster family agency having the physical custody of the child. The social worker shall include a copy of the Judicial Council Caregiver Information Form (JV-290) with the summary of his or her recommendation to the childs foster parents, relative caregivers, or foster parents approved for adoption, in the caregivers primary language when available, along with information on how to file the form with the court. The form and summary of the recommendation may be served electronically pursuant to Section 212.5.
(d)Prior to any hearing involving a child in the physical custody of a community care facility or a foster family agency that may result in the return of the child to the physical custody of his or her parent or legal guardian, or in adoption or the creation of a legal guardianship, or in the case of an Indian child, in consultation with the childs tribe, tribal customary adoption, the facility or agency shall file with the court a report, or a Judicial Council Caregiver Information Form (JV-290), containing its recommendation for disposition. Prior to the hearing involving a child in the physical custody of a foster parent, a relative caregiver, or a certified foster parent who has been approved for adoption by the State Department of Social Services when it is acting as an adoption agency or by a county adoption agency, the foster parent, relative caregiver, or the certified foster parent who has been approved for adoption by the State Department of Social Services when it is acting as an adoption agency or by a county adoption agency, may file with the court a report containing his or her recommendation for disposition. The court shall consider the report and recommendation filed pursuant to this subdivision prior to determining any disposition.
(e)(1)At the review hearing held six months after the initial dispositional hearing, but no later than 12 months after the date the child entered foster care as determined in Section 361.49, whichever occurs earlier, after considering the admissible and relevant evidence, the court shall order the return of the child to the physical custody of his or her parent or legal guardian unless the court finds, by a preponderance of the evidence, that the return of the child to his or her parent or legal guardian would create a substantial risk of detriment to the safety, protection, or physical or emotional well-being of the child. The social worker shall have the burden of establishing that detriment. At the hearing, the court shall consider the criminal history, obtained pursuant to paragraph (1) of subdivision (f) of Section 16504.5, of the parent or legal guardian subsequent to the childs removal to the extent that the criminal record is substantially related to the welfare of the child or the parents or guardians ability to exercise custody and control regarding his or her child, provided the parent or legal guardian agreed to submit fingerprint images to obtain criminal history information as part of the case plan. The court shall also consider whether the child can be returned to the custody of his or her parent who is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with his or her parent. The fact that the parent is enrolled in a certified substance abuse treatment facility shall not be, for that reason alone, prima facie evidence of detriment. The failure of the parent or legal guardian to participate regularly and make substantive progress in court-ordered treatment programs shall be prima facie evidence that return would be detrimental. In making its determination, the court shall review and consider the social workers report and recommendations and the report and recommendations of any child advocate appointed pursuant to Section 356.5; and shall consider the efforts or progress, or both, demonstrated by the parent or legal guardian and the extent to which he or she availed himself or herself of services provided, taking into account the particular barriers to a minor parent or a nonminor dependent parent, or an incarcerated, institutionalized, detained, or deported parents or legal guardians access to those court-mandated services and ability to maintain contact with his or her child.
(2)Regardless of whether the child is returned to a parent or legal guardian, the court shall specify the factual basis for its conclusion that the return would be detrimental or would not be detrimental. The court also shall make appropriate findings pursuant to subdivision (a) of Section 366; and, when relevant, shall order any additional services reasonably believed to facilitate the return of the child to the custody of his or her parent or legal guardian. The court shall also inform the parent or legal guardian that if the child cannot be returned home by the 12-month permanency hearing, a proceeding pursuant to Section 366.26 may be instituted. This section does not apply in a case in which, pursuant to Section 361.5, the court has ordered that reunification services shall not be provided.
(3)If the child was under three years of age on the date of the initial removal, or is a member of a sibling group described in subparagraph (C) of paragraph (1) of subdivision (a) of Section 361.5, and the court finds by clear and convincing evidence that the parent failed to participate regularly and make substantive progress in a court-ordered treatment plan, the court may schedule a hearing pursuant to Section 366.26 within 120 days. If, however, the court finds there is a substantial probability that the child, who was under three years of age on the date of initial removal or is a member of a sibling group described in subparagraph (C) of paragraph (1) of subdivision (a) of Section 361.5, may be returned to his or her parent or legal guardian within six months or that reasonable services have not been provided, the court shall continue the case to the 12-month permanency hearing.
(4)For the purpose of placing and maintaining a sibling group together in a permanent home, the court, in making its determination to schedule a hearing pursuant to Section 366.26 for some or all members of a sibling group, as described in subparagraph (C) of paragraph (1) of subdivision (a) of Section 361.5, shall review and consider the social workers report and recommendations. Factors the report shall address, and the court shall consider, may include, but need not be limited to, whether the sibling group was removed from parental care as a group, the closeness and strength of the sibling bond, the ages of the siblings, the appropriateness of maintaining the sibling group together, the detriment to the child if sibling ties are not maintained, the likelihood of finding a permanent home for the sibling group, whether the sibling group is currently placed together in a preadoptive home or has a concurrent plan goal of legal permanency in the same home, the wishes of each child whose age and physical and emotional condition permits a meaningful response, and the best interests of each child in the sibling group. The court shall specify the factual basis for its finding that it is in the best interests of each child to schedule a hearing pursuant to Section 366.26 within 120 days for some or all of the members of the sibling group.
(5)If the child was removed initially under subdivision (g) of Section 300 and the court finds by clear and convincing evidence that the whereabouts of the parent are still unknown, or the parent has failed to contact and visit the child, the court may schedule a hearing pursuant to Section 366.26 within 120 days. The court shall take into account any particular barriers to a parents ability to maintain contact with his or her child due to the parents incarceration, institutionalization, detention by the United States Department of Homeland Security, or deportation. If the court finds by clear and convincing evidence that the parent has been convicted of a felony indicating parental unfitness, the court may schedule a hearing pursuant to Section 366.26 within 120 days.
(6)If the child had been placed under court supervision with a previously noncustodial parent pursuant to Section 361.2, the court shall determine whether supervision is still necessary. The court may terminate supervision and transfer permanent custody to that parent, as provided for by paragraph (1) of subdivision (b) of Section 361.2.
(7)In all other cases, the court shall direct that any reunification services previously ordered shall continue to be offered to the parent or legal guardian pursuant to the time periods set forth in subdivision (a) of Section 361.5, provided that the court may modify the terms and conditions of those services.
(8)If the child is not returned to his or her parent or legal guardian, the court shall determine whether reasonable services that were designed to aid the parent or legal guardian in overcoming the problems that led to the initial removal and the continued custody of the child have been provided or offered to the parent or legal guardian. The court shall order that those services be initiated, continued, or terminated.
(f)(1)The permanency hearing shall be held no later than 12 months after the date the child entered foster care, as that date is determined pursuant to Section 361.49. At the permanency hearing, the court shall determine the permanent plan for the child, which shall include a determination of whether the child will be returned to the childs home and, if so, when, within the time limits of subdivision (a) of Section 361.5. After considering the relevant and admissible evidence, the court shall order the return of the child to the physical custody of his or her parent or legal guardian unless the court finds, by a preponderance of the evidence, that the return of the child to his or her parent or legal guardian would create a substantial risk of detriment to the safety, protection, or physical or emotional well-being of the child. The social worker shall have the burden of establishing that detriment.
(A)At the permanency hearing, the court shall consider the criminal history, obtained pursuant to paragraph (1) of subdivision (f) of Section 16504.5, of the parent or legal guardian subsequent to the childs removal to the extent that the criminal record is substantially related to the welfare of the child or the parents or legal guardians ability to exercise custody and control regarding his or her child, provided that the parent or legal guardian agreed to submit fingerprint images to obtain criminal history information as part of the case plan. The court shall also determine whether reasonable services that were designed to aid the parent or legal guardian to overcome the problems that led to the initial removal and continued custody of the child have been provided or offered to the parent or legal guardian.
(B)The court shall also consider whether the child can be returned to the custody of his or her parent who is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with his or her parent. The fact that the parent is enrolled in a certified substance abuse treatment facility shall not be, for that reason alone, prima facie evidence of detriment. The failure of the parent or legal guardian to participate regularly and make substantive progress in court-ordered treatment programs shall be prima facie evidence that return would be detrimental.
(C)In making its determination, the court shall review and consider the social workers report and recommendations and the report and recommendations of any child advocate appointed pursuant to Section 356.5, shall consider the efforts or progress, or both, demonstrated by the parent or legal guardian and the extent to which he or she availed himself or herself of services provided, taking into account the particular barriers to a minor parent or a nonminor dependent parent, or an incarcerated, institutionalized, detained, or deported parents or legal guardians access to those court-mandated services and ability to maintain contact with his or her child, and shall make appropriate findings pursuant to subdivision (a) of Section 366.
(D)For each youth 16 years of age and older, the court shall also determine whether services have been made available to assist him or her in making the transition from foster care to successful adulthood.
(2)Regardless of whether the child is returned to his or her parent or legal guardian, the court shall specify the factual basis for its decision. If the child is not returned to a parent or legal guardian, the court shall specify the factual basis for its conclusion that the return would be detrimental. The court also shall make a finding pursuant to subdivision (a) of Section 366. If the child is not returned to his or her parent or legal guardian, the court shall consider, and state for the record, in-state and out-of-state placement options. If the child is placed out of the state, the court shall make a determination whether the out-of-state placement continues to be appropriate and in the best interests of the child.
(g)If the time period in which the court-ordered services were provided has met or exceeded the time period set forth in subparagraph (A), (B), or (C) of paragraph (1) of subdivision (a) of Section 361.5, as appropriate, and a child is not returned to the custody of a parent or legal guardian at the permanency hearing held pursuant to subdivision (f), the court shall do one of the following:
(1)Continue the case for up to six months for a permanency review hearing, provided that the hearing shall occur within 18 months of the date the child was originally taken from the physical custody of his or her parent or legal guardian. The court shall continue the case only if it finds that there is a substantial probability that the child will be returned to the physical custody of his or her parent or legal guardian and safely maintained in the home within the extended period of time or that reasonable services have not been provided to the parent or legal guardian. For purposes of this section, in order to find a substantial probability that the child will be returned to the physical custody of his or her parent or legal guardian and safely maintained in the home within the extended period of time, the court shall be required to find all of the following:
(A)That the parent or legal guardian has consistently and regularly contacted and visited with the child.
(B)That the parent or legal guardian has made significant progress in resolving problems that led to the childs removal from the home.
(C)The parent or legal guardian has demonstrated the capacity and ability both to complete the objectives of his or her treatment plan and to provide for the childs safety, protection, physical and emotional well-being, and special needs.
(i)For purposes of this subdivision, the courts decision to continue the case based on a finding or substantial probability that the child will be returned to the physical custody of his or her parent or legal guardian is a compelling reason for determining that a hearing held pursuant to Section 366.26 is not in the best interests of the child.
(ii)The court shall inform the parent or legal guardian that if the child cannot be returned home by the next permanency review hearing, a proceeding pursuant to Section 366.26 may be instituted. The court shall not order that a hearing pursuant to Section 366.26 be held unless there is clear and convincing evidence that reasonable services have been provided or offered to the parent or legal guardian.
(2)Continue the case for up to six months for a permanency review hearing, provided that the hearing shall occur within 18 months of the date the child was originally taken from the physical custody of his or her parent or legal guardian, if the parent has been arrested and issued an immigration hold, detained by the United States Department of Homeland Security, or deported to his or her country of origin, and the court determines either that there is a substantial probability that the child will be returned to the physical custody of his or her parent or legal guardian and safely maintained in the home within the extended period of time or that reasonable services have not been provided to the parent or legal guardian.
(3)For purposes of paragraph (2), in order to find a substantial probability that the child will be returned to the physical custody of his or her parent or legal guardian and safely maintained in the home within the extended period of time, the court shall find all of the following:
(A)The parent or legal guardian has consistently and regularly contacted and visited with the child, taking into account any particular barriers to a parents ability to maintain contact with his or her child due to the parents arrest and receipt of an immigration hold, detention by the United States Department of Homeland Security, or deportation.
(B)The parent or legal guardian has made significant progress in resolving the problems that led to the childs removal from the home.
(C)The parent or legal guardian has demonstrated the capacity or ability both to complete the objectives of his or her treatment plan and to provide for the childs safety, protection, physical and emotional well-being, and special needs.
(4)Order that a hearing be held within 120 days, pursuant to Section 366.26, but only if the court does not continue the case to the permanency planning review hearing and there is clear and convincing evidence that reasonable services have been provided or offered to the parents or legal guardians. On and after January 1, 2012, a hearing pursuant to Section 366.26 shall not be ordered if the child is a nonminor dependent, unless the nonminor dependent is an Indian child and tribal customary adoption is recommended as the permanent plan.
(5)Order that the child remain in foster care, but only if the court finds by clear and convincing evidence, based upon the evidence already presented to it, including a recommendation by the State Department of Social Services when it is acting as an adoption agency or by a county adoption agency, that there is a compelling reason for determining that a hearing held pursuant to Section 366.26 is not in the best interests of the child because the child is not a proper subject for adoption and has no one willing to accept legal guardianship as of the hearing date. For purposes of this section, a recommendation by the State Department of Social Services when it is acting as an adoption agency or by a county adoption agency that adoption is not in the best interests of the child shall constitute a compelling reason for the courts determination. That recommendation shall be based on the present circumstances of the child and shall not preclude a different recommendation at a later date if the childs circumstances change. On and after January 1, 2012, the nonminor dependents legal status as an adult is in and of itself a compelling reason not to hold a hearing pursuant to Section 366.26. The court may order that a nonminor dependent who otherwise is eligible pursuant to Section 11403 remain in a planned, permanent living arrangement.
(A)The court shall make factual findings identifying any barriers to achieving the permanent plan as of the hearing date. When the child is under 16 years of age, the court shall order a permanent plan of return home, adoption, tribal customary adoption in the case of an Indian child, legal guardianship, or placement with a fit and willing relative, as appropriate. When the child is 16 years of age or older, or is a nonminor dependent, and no other permanent plan is appropriate at the time of the hearing, the court may order another planned permanent living arrangement, as described in paragraph (2) of subdivision (i) of Section 16501.
(B)If the court orders that a child who is 10 years of age or older remain in foster care, the court shall determine whether the agency has made reasonable efforts to maintain the childs relationships with individuals other than the childs siblings who are important to the child, consistent with the childs best interests, and may make any appropriate order to ensure that those relationships are maintained.
(C)If the child is not returned to his or her parent or legal guardian, the court shall consider, and state for the record, in-state and out-of-state options for permanent placement. If the child is placed out of the state, the court shall make a determination whether the out-of-state placement continues to be appropriate and in the best interests of the child.
(h)In any case in which the court orders that a hearing pursuant to Section 366.26 shall be held, it shall also order the termination of reunification services to the parent or legal guardian. The court shall continue to permit the parent or legal guardian to visit the child pending the hearing unless it finds that visitation would be detrimental to the child. The court shall make any other appropriate orders to enable the child to maintain relationships with individuals, other than the childs siblings, who are important to the child, consistent with the childs best interests. When the court orders a termination of reunification services to the parent or legal guardian, it shall also order that the childs caregiver receive the childs birth certificate in accordance with Sections 16010.4 and 16010.5. Additionally, when the court orders a termination of reunification services to the parent or legal guardian, it shall order, when appropriate, that a child who is 16 years of age or older receive his or her birth certificate.
(i)(1)Whenever a court orders that a hearing pursuant to Section 366.26, including, when, in consultation with the childs tribe, tribal customary adoption is recommended, shall be held, it shall direct the agency supervising the child and the county adoption agency, or the State Department of Social Services when it is acting as an adoption agency, to prepare an assessment that shall include:
(A)Current search efforts for an absent parent or parents or legal guardians.
(B)A review of the amount of and nature of any contact between the child and his or her parents or legal guardians and other members of his or her extended family since the time of placement. Although the extended family of each child shall be reviewed on a case-by-case basis, extended family for the purpose of this subparagraph shall include, but not be limited to, the childs siblings, grandparents, aunts, and uncles.
(C)An evaluation of the childs medical, developmental, scholastic, mental, and emotional status.
(D)A preliminary assessment of the eligibility and commitment of any identified prospective adoptive parent or legal guardian, including the prospective tribal customary adoptive parent, particularly the caretaker, to include a social history including screening for criminal records and prior referrals for child abuse or neglect, the capability to meet the childs needs, and the understanding of the legal and financial rights and responsibilities of adoption and guardianship. If a proposed guardian is a relative of the minor, the assessment shall also consider, but need not be limited to, all of the factors specified in subdivision (a) of Section 361.3 and in Section 361.4.
(E)The relationship of the child to any identified prospective adoptive parent or legal guardian, the duration and character of the relationship, the degree of attachment of the child to the prospective relative guardian or adoptive parent, the relatives or adoptive parents strong commitment to caring permanently for the child, the motivation for seeking adoption or guardianship, a statement from the child concerning placement and the adoption or guardianship, and whether the child, if over 12 years of age, has been consulted about the proposed relative guardianship arrangements, unless the childs age or physical, emotional, or other condition precludes his or her meaningful response, and if so, a description of the condition.
(F)A description of efforts to be made to identify a prospective adoptive parent or legal guardian, including, but not limited to, child-specific recruitment and listing on an adoption exchange within the state or out of the state.
(G)An analysis of the likelihood that the child will be adopted if parental rights are terminated.
(H)In the case of an Indian child, in addition to subparagraphs (A) to (G), inclusive, an assessment of the likelihood that the child will be adopted, when, in consultation with the childs tribe, a tribal customary adoption, as defined in Section 366.24, is recommended. If tribal customary adoption is recommended, the assessment shall include an analysis of both of the following:
(i)Whether tribal customary adoption would or would not be detrimental to the Indian child and the reasons for reaching that conclusion.
(ii)Whether the Indian child cannot or should not be returned to the home of the Indian parent or Indian custodian and the reasons for reaching that conclusion.
(2)(A)A relative caregivers preference for legal guardianship over adoption, if it is due to circumstances that do not include an unwillingness to accept legal or financial responsibility for the child, shall not constitute the sole basis for recommending removal of the child from the relative caregiver for purposes of adoptive placement.
(B)Regardless of his or her immigration status, a relative caregiver shall be given information regarding the permanency options of guardianship and adoption, including the long-term benefits and consequences of each option, prior to establishing legal guardianship or pursuing adoption. If the proposed permanent plan is guardianship with an approved relative caregiver for a minor eligible for aid under the Kin-GAP Program, as provided for in Article 4.7 (commencing with Section 11385) of Chapter 2 of Part 3 of Division 9, the relative caregiver shall be informed about the terms and conditions of the negotiated agreement pursuant to Section 11387 and shall agree to its execution prior to the hearing held pursuant to Section 366.26. A copy of the executed negotiated agreement shall be attached to the assessment.
(j)If, at any hearing held pursuant to Section 366.26, a guardianship is established for the minor with an approved relative caregiver, and juvenile court dependency is subsequently dismissed, the minor shall be eligible for aid under the Kin-GAP Program, as provided for in Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385), as applicable, of Chapter 2 of Part 3 of Division 9.
(k)As used in this section, relative means an adult who is related to the minor by blood, adoption, or affinity within the fifth degree of kinship, including stepparents, stepsiblings, and all relatives whose status is preceded by the words great, great-great, or grand, or the spouse of any of those persons even if the marriage was terminated by death or dissolution. If the proposed permanent plan is guardianship with an approved relative caregiver for a minor eligible for aid under the Kin-GAP Program, as provided for in Article 4.7 (commencing with Section 11385) of Chapter 2 of Part 3 of Division 9, relative as used in this section has the same meaning as relative as defined in subdivision (c) of Section 11391.
(l)For purposes of this section, evidence of any of the following circumstances shall not, in and of itself, be deemed a failure to provide or offer reasonable services:
(1)The child has been placed with a foster family that is eligible to adopt a child, or has been placed in a preadoptive home.
(2)The case plan includes services to make and finalize a permanent placement for the child if efforts to reunify fail.
(3)Services to make and finalize a permanent placement for the child, if efforts to reunify fail, are provided concurrently with services to reunify the family.
SEC. 133.5.Section 366.21 of the Welfare and Institutions Code is amended to read:366.21.(a)Every hearing conducted by the juvenile court reviewing the status of a dependent child shall be placed on the appearance calendar. The court shall advise all persons present at the hearing of the date of the future hearing and of their right to be present and represented by counsel.
(b)Except as provided in Sections 294 and 295, notice of the hearing shall be provided pursuant to Section 293.
(c)At least 10 calendar days before the hearing, the social worker shall file a supplemental report with the court regarding the services provided or offered to the parent or legal guardian to enable him or her to assume custody and the efforts made to achieve legal permanence for the child if efforts to reunify fail, including, but not limited to, efforts to maintain relationships between a child who is 10 years of age or older and has been in out-of-home placement for six months or longer and individuals who are important to the child, consistent with the childs best interests; the progress made; and, where relevant, the prognosis for return of the child to the physical custody of his or her parent or legal guardian; and shall make his or her recommendation for disposition. If the child is a member of a sibling group described in subparagraph (C) of paragraph (1) of subdivision (a) of Section 361.5, the report and recommendation may also take into account those factors described in subdivision (e) relating to the childs sibling group. If the recommendation is not to return the child to a parent or legal guardian, the report shall specify why the return of the child would be detrimental to the child. The social worker shall provide the parent or legal guardian, counsel for the child, and any court-appointed child advocate with a copy of the report, including his or her recommendation for disposition, at least 10 calendar days before the hearing. The report may be served pursuant to Section 212.5. In the case of a child removed from the physical custody of his or her parent or legal guardian, the social worker shall, at least 10 calendar days before the hearing, provide a summary of his or her recommendation for disposition to any foster parents, relative caregivers, and certified foster parents who have been approved for adoption by the State Department of Social Services when it is acting as an adoption agency or by a county adoption agency, community care facility, or foster family agency having the physical custody of the child. The social worker shall include a copy of the Judicial Council Caregiver Information Form (JV-290) with the summary of his or her recommendation to the childs foster parents, relative caregivers, or foster parents approved for adoption, in the caregivers primary language when available, along with information on how to file the form with the court. The form and summary of the recommendation may be served electronically pursuant to Section 212.5.
(d)Prior to any hearing involving a child in the physical custody of a community care facility or a foster family agency that may result in the return of the child to the physical custody of his or her parent or legal guardian, or in adoption or the creation of a legal guardianship, or in the case of an Indian child, in consultation with the childs tribe, tribal customary adoption, the facility or agency shall file with the court a report, or a Judicial Council Caregiver Information Form (JV-290), containing its recommendation for disposition. Prior to the hearing involving a child in the physical custody of a foster parent, a relative caregiver, or a certified foster parent who has been approved for adoption by the State Department of Social Services when it is acting as an adoption agency or by a county adoption agency, the foster parent, relative caregiver, or the certified foster parent who has been approved for adoption by the State Department of Social Services when it is acting as an adoption agency or by a county adoption agency, may file with the court a report containing his or her recommendation for disposition. The court shall consider the report and recommendation filed pursuant to this subdivision prior to determining any disposition.
(e)(1)At the review hearing held six months after the initial dispositional hearing, but no later than 12 months after the date the child entered foster care as determined in Section 361.49, whichever occurs earlier, after considering the admissible and relevant evidence, the court shall order the return of the child to the physical custody of his or her parent or legal guardian unless the court finds, by a preponderance of the evidence, that the return of the child to his or her parent or legal guardian would create a substantial risk of detriment to the safety, protection, or physical or emotional well-being of the child. The social worker shall have the burden of establishing that detriment. At the hearing, the court shall consider the criminal history, obtained pursuant to paragraph (1) of subdivision (f) of Section 16504.5, of the parent or legal guardian subsequent to the childs removal to the extent that the criminal record is substantially related to the welfare of the child or the parents or guardians ability to exercise custody and control regarding his or her child, provided the parent or legal guardian agreed to submit fingerprint images to obtain criminal history information as part of the case plan. The court shall also consider whether the child can be returned to the custody of his or her parent who is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with his or her parent. The fact that the parent is enrolled in a certified substance abuse treatment facility shall not be, for that reason alone, prima facie evidence of detriment. The failure of the parent or legal guardian to participate regularly and make substantive progress in court-ordered treatment programs shall be prima facie evidence that return would be detrimental. In making its determination, the court shall review and consider the social workers report and recommendations and the report and recommendations of any child advocate appointed pursuant to Section 356.5; and shall consider the efforts or progress, or both, demonstrated by the parent or legal guardian and the extent to which he or she availed himself or herself of services provided, taking into account the particular barriers to a minor parent or a nonminor dependent parent, or an incarcerated, institutionalized, detained, or deported parents or legal guardians access to those court-mandated services and ability to maintain contact with his or her child.
(2)Regardless of whether the child is returned to a parent or legal guardian, the court shall specify the factual basis for its conclusion that the return would be detrimental or would not be detrimental. The court also shall make appropriate findings pursuant to subdivision (a) of Section 366; and, when relevant, shall order any additional services reasonably believed to facilitate the return of the child to the custody of his or her parent or legal guardian. The court shall also inform the parent or legal guardian that if the child cannot be returned home by the 12-month permanency hearing, a proceeding pursuant to Section 366.26 may be instituted. This section does not apply in a case in which, pursuant to Section 361.5, the court has ordered that reunification services shall not be provided.
(3)If the child was under three years of age on the date of the initial removal, or is a member of a sibling group described in subparagraph (C) of paragraph (1) of subdivision (a) of Section 361.5, and the court finds by clear and convincing evidence that the parent failed to participate regularly and make substantive progress in a court-ordered treatment plan, the court may schedule a hearing pursuant to Section 366.26 within 120 days. If, however, the court finds there is a substantial probability that the child, who was under three years of age on the date of initial removal or is a member of a sibling group described in subparagraph (C) of paragraph (1) of subdivision (a) of Section 361.5, may be returned to his or her parent or legal guardian within six months or that reasonable services have not been provided, the court shall continue the case to the 12-month permanency hearing.
(4)For the purpose of placing and maintaining a sibling group together in a permanent home, the court, in making its determination to schedule a hearing pursuant to Section 366.26 for some or all members of a sibling group, as described in subparagraph (C) of paragraph (1) of subdivision (a) of Section 361.5, shall review and consider the social workers report and recommendations. Factors the report shall address, and the court shall consider, may include, but need not be limited to, whether the sibling group was removed from parental care as a group, the closeness and strength of the sibling bond, the ages of the siblings, the appropriateness of maintaining the sibling group together, the detriment to the child if sibling ties are not maintained, the likelihood of finding a permanent home for the sibling group, whether the sibling group is currently placed together in a preadoptive home or has a concurrent plan goal of legal permanency in the same home, the wishes of each child whose age and physical and emotional condition permits a meaningful response, and the best interests of each child in the sibling group. The court shall specify the factual basis for its finding that it is in the best interests of each child to schedule a hearing pursuant to Section 366.26 within 120 days for some or all of the members of the sibling group.
(5)If the child was removed initially under subdivision (g) of Section 300 and the court finds by clear and convincing evidence that the whereabouts of the parent are still unknown, or the parent has failed to contact and visit the child, the court may schedule a hearing pursuant to Section 366.26 within 120 days. The court shall take into account any particular barriers to a parents ability to maintain contact with his or her child due to the parents incarceration, institutionalization, detention by the United States Department of Homeland Security, or deportation. If the court finds by clear and convincing evidence that the parent has been convicted of a felony indicating parental unfitness, the court may schedule a hearing pursuant to Section 366.26 within 120 days.
(6)If the child had been placed under court supervision with a previously noncustodial parent pursuant to Section 361.2, the court shall determine whether supervision is still necessary. The court may terminate supervision and transfer permanent custody to that parent, as provided for by paragraph (1) of subdivision (b) of Section 361.2.
(7)In all other cases, the court shall direct that any reunification services previously ordered shall continue to be offered to the parent or legal guardian pursuant to the time periods set forth in subdivision (a) of Section 361.5, provided that the court may modify the terms and conditions of those services.
(8)If the child is not returned to his or her parent or legal guardian, the court shall determine whether reasonable services that were designed to aid the parent or legal guardian in overcoming the problems that led to the initial removal and the continued custody of the child have been provided or offered to the parent or legal guardian. The court shall order that those services be initiated, continued, or terminated.
(f)(1)The permanency hearing shall be held no later than 12 months after the date the child entered foster care, as that date is determined pursuant to Section 361.49. At the permanency hearing, the court shall determine the permanent plan for the child, which shall include a determination of whether the child will be returned to the childs home and, if so, when, within the time limits of subdivision (a) of Section 361.5. After considering the relevant and admissible evidence, the court shall order the return of the child to the physical custody of his or her parent or legal guardian unless the court finds, by a preponderance of the evidence, that the return of the child to his or her parent or legal guardian would create a substantial risk of detriment to the safety, protection, or physical or emotional well-being of the child. The social worker shall have the burden of establishing that detriment.
(A)At the permanency hearing, the court shall consider the criminal history, obtained pursuant to paragraph (1) of subdivision (f) of Section 16504.5, of the parent or legal guardian subsequent to the childs removal to the extent that the criminal record is substantially related to the welfare of the child or the parents or legal guardians ability to exercise custody and control regarding his or her child, provided that the parent or legal guardian agreed to submit fingerprint images to obtain criminal history information as part of the case plan. The court shall also determine whether reasonable services that were designed to aid the parent or legal guardian to overcome the problems that led to the initial removal and continued custody of the child have been provided or offered to the parent or legal guardian.
(B)The court shall also consider whether the child can be returned to the custody of his or her parent who is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with his or her parent. The fact that the parent is enrolled in a certified substance abuse treatment facility shall not be, for that reason alone, prima facie evidence of detriment. The failure of the parent or legal guardian to participate regularly and make substantive progress in court-ordered treatment programs shall be prima facie evidence that return would be detrimental.
(C)In making its determination, the court shall review and consider the social workers report and recommendations and the report and recommendations of any child advocate appointed pursuant to Section 356.5, shall consider the efforts or progress, or both, demonstrated by the parent or legal guardian and the extent to which he or she availed himself or herself of services provided, taking into account the particular barriers to a minor parent or a nonminor dependent parent, or an incarcerated, institutionalized, detained, or deported parents or legal guardians access to those court-mandated services and ability to maintain contact with his or her child, and shall make appropriate findings pursuant to subdivision (a) of Section 366.
(D)For each youth 16 years of age and older, the court shall also determine whether services have been made available to assist him or her in making the transition from foster care to successful adulthood.
(2)Regardless of whether the child is returned to his or her parent or legal guardian, the court shall specify the factual basis for its decision. If the child is not returned to a parent or legal guardian, the court shall specify the factual basis for its conclusion that the return would be detrimental. The court also shall make a finding pursuant to subdivision (a) of Section 366. If the child is not returned to his or her parent or legal guardian, the court shall consider, and state for the record, in-state and out-of-state placement options. If the child is placed out of the state, the court shall make a determination whether the out-of-state placement continues to be appropriate and in the best interests of the child.
(g)If the time period in which the court-ordered services were provided has met or exceeded the time period set forth in subparagraph (A), (B), or (C) of paragraph (1) of subdivision (a) of Section 361.5, as appropriate, and a child is not returned to the custody of a parent or legal guardian at the permanency hearing held pursuant to subdivision (f), the court shall do one of the following:
(1)Continue the case for up to six months for a permanency review hearing, provided that the hearing shall occur within 18 months of the date the child was originally taken from the physical custody of his or her parent or legal guardian. The court shall continue the case only if it finds that there is a substantial probability that the child will be returned to the physical custody of his or her parent or legal guardian and safely maintained in the home within the extended period of time or that reasonable services have not been provided to the parent or legal guardian. For the purposes of this section, in order to find a substantial probability that the child will be returned to the physical custody of his or her parent or legal guardian and safely maintained in the home within the extended period of time, the court shall be required to find all of the following:
(A)That the parent or legal guardian has consistently and regularly contacted and visited with the child.
(B)That the parent or legal guardian has made significant progress in resolving problems that led to the childs removal from the home.
(C)The parent or legal guardian has demonstrated the capacity and ability both to complete the objectives of his or her treatment plan and to provide for the childs safety, protection, physical and emotional well-being, and special needs.
(i)For purposes of this subdivision, the courts decision to continue the case based on a finding or substantial probability that the child will be returned to the physical custody of his or her parent or legal guardian is a compelling reason for determining that a hearing held pursuant to Section 366.26 is not in the best interests of the child.
(ii)The court shall inform the parent or legal guardian that if the child cannot be returned home by the next permanency review hearing, a proceeding pursuant to Section 366.26 may be instituted. The court shall not order that a hearing pursuant to Section 366.26 be held unless there is clear and convincing evidence that reasonable services have been provided or offered to the parent or legal guardian.
(2)Continue the case for up to six months for a permanency review hearing, provided that the hearing shall occur within 18 months of the date the child was originally taken from the physical custody of his or her parent or legal guardian, if the parent has been arrested and issued an immigration hold, detained by the United States Department of Homeland Security, or deported to his or her country of origin, and the court determines either that there is a substantial probability that the child will be returned to the physical custody of his or her parent or legal guardian and safely maintained in the home within the extended period of time or that reasonable services have not been provided to the parent or legal guardian.
(3)For purposes of paragraph (2), in order to find a substantial probability that the child will be returned to the physical custody of his or her parent or legal guardian and safely maintained in the home within the extended period of time, the court shall find all of the following:
(A)The parent or legal guardian has consistently and regularly contacted and visited with the child, taking into account any particular barriers to a parents ability to maintain contact with his or her child due to the parents arrest and receipt of an immigration hold, detention by the United States Department of Homeland Security, or deportation.
(B)The parent or legal guardian has made significant progress in resolving the problems that led to the childs removal from the home.
(C)The parent or legal guardian has demonstrated the capacity or ability both to complete the objectives of his or her treatment plan and to provide for the childs safety, protection, physical and emotional well-being, and special needs.
(4)Order that a hearing be held within 120 days, pursuant to Section 366.26, but only if the court does not continue the case to the permanency planning review hearing and there is clear and convincing evidence that reasonable services have been provided or offered to the parents or legal guardians. On and after January 1, 2012, a hearing pursuant to Section 366.26 shall not be ordered if the child is a nonminor dependent, unless the nonminor dependent is an Indian child and tribal customary adoption is recommended as the permanent plan.
(5)Order that the child remain in foster care, but only if the court finds by clear and convincing evidence, based upon the evidence already presented to it, including a recommendation by the State Department of Social Services when it is acting as an adoption agency or by a county adoption agency, that there is a compelling reason for determining that a hearing held pursuant to Section 366.26 is not in the best interests of the child because the child is not a proper subject for adoption and has no one willing to accept legal guardianship as of the hearing date. For purposes of this section, a recommendation by the State Department of Social Services when it is acting as an adoption agency or by a county adoption agency that adoption is not in the best interests of the child shall constitute a compelling reason for the courts determination. That recommendation shall be based on the present circumstances of the child and shall not preclude a different recommendation at a later date if the childs circumstances change. On and after January 1, 2012, the nonminor dependents legal status as an adult is in and of itself a compelling reason not to hold a hearing pursuant to Section 366.26. The court may order that a nonminor dependent who otherwise is eligible pursuant to Section 11403 remain in a planned, permanent living arrangement.
(A)The court shall make factual findings identifying any barriers to achieving the permanent plan as of the hearing date. When the child is under 16 years of age, the court shall order a permanent plan of return home, adoption, tribal customary adoption in the case of an Indian child, legal guardianship, or placement with a fit and willing relative, as appropriate. When the child is 16 years of age or older, or is a nonminor dependent, and no other permanent plan is appropriate at the time of the hearing, the court may order another planned permanent living arrangement, as described in paragraph (2) of subdivision (i) of Section 16501.
(B)If the court orders that a child who is 10 years of age or older remain in foster care, the court shall determine whether the agency has made reasonable efforts to maintain the childs relationships with individuals other than the childs siblings who are important to the child, consistent with the childs best interests, and may make any appropriate order to ensure that those relationships are maintained.
(C)If the child is not returned to his or her parent or legal guardian, the court shall consider, and state for the record, in-state and out-of-state options for permanent placement. If the child is placed out of the state, the court shall make a determination whether the out-of-state placement continues to be appropriate and in the best interests of the child.
(h)In any case in which the court orders that a hearing pursuant to Section 366.26 shall be held, it shall also order the termination of reunification services to the parent or legal guardian. The court shall continue to permit the parent or legal guardian to visit the child pending the hearing unless it finds that visitation would be detrimental to the child. The court shall make any other appropriate orders to enable the child to maintain relationships with individuals, other than the childs siblings, who are important to the child, consistent with the childs best interests. When the court orders a termination of reunification services to the parent or legal guardian, it shall also order that the childs caregiver receive the childs birth certificate in accordance with Sections 16010.4 and 16010.5. Additionally, when the court orders a termination of reunification services to the parent or legal guardian, it shall order, when appropriate, that a child who is 16 years of age or older receive his or her birth certificate.
(i)(1)Whenever a court orders that a hearing pursuant to Section 366.26, including, when, in consultation with the childs tribe, tribal customary adoption is recommended, shall be held, it shall direct the agency supervising the child and the county adoption agency, or the State Department of Social Services when it is acting as an adoption agency, to prepare an assessment that shall include:
(A)Current search efforts for an absent parent or parents or legal guardians.
(B)A review of the amount of and nature of any contact between the child and his or her parents or legal guardians and other members of his or her extended family since the time of placement. Although the extended family of each child shall be reviewed on a case-by-case basis, extended family for the purpose of this subparagraph shall include, but not be limited to, the childs siblings, grandparents, aunts, and uncles.
(C)(i)An evaluation of the childs medical, developmental, scholastic, mental, and emotional status.
(ii)The evaluation pursuant to clause (i) shall include, but is not limited to, providing a copy of the complete health and education summary as required under Section 16010, including the name and contact information of the person or persons currently holding the right to make educational decisions for the child.
(iii)In instances where it is determined that disclosure pursuant to clause (ii) of the contact information of the person or persons currently holding the right to make educational decisions for the child poses a threat to the health and safety of that individual or those individuals, that contact information shall be redacted or withheld from the evaluation.
(D)A preliminary assessment of the eligibility and commitment of any identified prospective adoptive parent or legal guardian, including the prospective tribal customary adoptive parent, particularly the caretaker, to include a social history including screening for criminal records and prior referrals for child abuse or neglect, the capability to meet the childs needs, and the understanding of the legal and financial rights and responsibilities of adoption and guardianship. If a proposed guardian is a relative of the minor, the assessment shall also consider, but need not be limited to, all of the factors specified in subdivision (a) of Section 361.3 and in Section 361.4.
(E)The relationship of the child to any identified prospective adoptive parent or legal guardian, the duration and character of the relationship, the degree of attachment of the child to the prospective relative guardian or adoptive parent, the relatives or adoptive parents strong commitment to caring permanently for the child, the motivation for seeking adoption or guardianship, a statement from the child concerning placement and the adoption or guardianship, and whether the child, if over 12 years of age, has been consulted about the proposed relative guardianship arrangements, unless the childs age or physical, emotional, or other condition precludes his or her meaningful response, and if so, a description of the condition.
(F)A description of efforts to be made to identify a prospective adoptive parent or legal guardian, including, but not limited to, child-specific recruitment and listing on an adoption exchange within the state or out of the state.
(G)An analysis of the likelihood that the child will be adopted if parental rights are terminated.
(H)In the case of an Indian child, in addition to subparagraphs (A) to (G), inclusive, an assessment of the likelihood that the child will be adopted, when, in consultation with the childs tribe, a tribal customary adoption, as defined in Section 366.24, is recommended. If tribal customary adoption is recommended, the assessment shall include an analysis of both of the following:
(i)Whether tribal customary adoption would or would not be detrimental to the Indian child and the reasons for reaching that conclusion.
(ii)Whether the Indian child cannot or should not be returned to the home of the Indian parent or Indian custodian and the reasons for reaching that conclusion.
(2)(A)A relative caregivers preference for legal guardianship over adoption, if it is due to circumstances that do not include an unwillingness to accept legal or financial responsibility for the child, shall not constitute the sole basis for recommending removal of the child from the relative caregiver for purposes of adoptive placement.
(B)Regardless of his or her immigration status, a relative caregiver shall be given information regarding the permanency options of guardianship and adoption, including the long-term benefits and consequences of each option, prior to establishing legal guardianship or pursuing adoption. If the proposed permanent plan is guardianship with an approved relative caregiver for a minor eligible for aid under the Kin-GAP Program, as provided for in Article 4.7 (commencing with Section 11385) of Chapter 2 of Part 3 of Division 9, the relative caregiver shall be informed about the terms and conditions of the negotiated agreement pursuant to Section 11387 and shall agree to its execution prior to the hearing held pursuant to Section 366.26. A copy of the executed negotiated agreement shall be attached to the assessment.
(j)If, at any hearing held pursuant to Section 366.26, a guardianship is established for the minor with an approved relative caregiver, and juvenile court dependency is subsequently dismissed, the minor shall be eligible for aid under the Kin-GAP Program, as provided for in Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385), as applicable, of Chapter 2 of Part 3 of Division 9.
(k)As used in this section, relative means an adult who is related to the minor by blood, adoption, or affinity within the fifth degree of kinship, including stepparents, stepsiblings, and all relatives whose status is preceded by the words great, great-great, or grand, or the spouse of any of those persons even if the marriage was terminated by death or dissolution. If the proposed permanent plan is guardianship with an approved relative caregiver for a minor eligible for aid under the Kin-GAP Program, as provided for in Article 4.7 (commencing with Section 11385) of Chapter 2 of Part 3 of Division 9, relative as used in this section has the same meaning as relative as defined in subdivision (c) of Section 11391.
(l)For purposes of this section, evidence of any of the following circumstances shall not, in and of itself, be deemed a failure to provide or offer reasonable services:
(1)The child has been placed with a foster family that is eligible to adopt a child, or has been placed in a preadoptive home.
(2)The case plan includes services to make and finalize a permanent placement for the child if efforts to reunify fail.
(3)Services to make and finalize a permanent placement for the child, if efforts to reunify fail, are provided concurrently with services to reunify the family.
SEC. 134.Section 366.26 of the Welfare and Institutions Code is amended to read:366.26.(a)This section applies to children who are adjudged dependent children of the juvenile court pursuant to subdivision (d) of Section 360. The procedures specified herein are the exclusive procedures for conducting these hearings; Part 2 (commencing with Section 3020) of Division 8 of the Family Code is not applicable to these proceedings. Section 8616.5 of the Family Code is applicable and available to all dependent children meeting the requirements of that section, if the postadoption contact agreement has been entered into voluntarily. For children who are adjudged dependent children of the juvenile court pursuant to subdivision (d) of Section 360, this section, and Sections 8604, 8605, 8606, and 8700 of the Family Code and Chapter 5 (commencing with Section 7660) of Part 3 of Division 12 of the Family Code specify the exclusive procedures for permanently terminating parental rights with regard to, or establishing legal guardianship of, the child while the child is a dependent child of the juvenile court.
(b)At the hearing, which shall be held in juvenile court for all children who are dependents of the juvenile court, the court, in order to provide stable, permanent homes for these children, shall review the report as specified in Section 361.5, 366.21, 366.22, or 366.25, shall indicate that the court has read and considered it, shall receive other evidence that the parties may present, and then shall make findings and orders in the following order of preference:
(1)Terminate the rights of the parent or parents and order that the child be placed for adoption and, upon the filing of a petition for adoption in the juvenile court, order that a hearing be set. The court shall proceed with the adoption after the appellate rights of the natural parents have been exhausted.
(2)Order, without termination of parental rights, the plan of tribal customary adoption, as described in Section 366.24, through tribal custom, traditions, or law of the Indian childs tribe, and upon the court affording the tribal customary adoption order full faith and credit at the continued selection and implementation hearing, order that a hearing be set pursuant to paragraph (2) of subdivision (e).
(3)Appoint a relative or relatives with whom the child is currently residing as legal guardian or guardians for the child, and order that letters of guardianship issue.
(4)On making a finding under paragraph (3) of subdivision (c), identify adoption or tribal customary adoption as the permanent placement goal and order that efforts be made to locate an appropriate adoptive family for the child within a period not to exceed 180 days.
(5)Appoint a nonrelative legal guardian for the child and order that letters of guardianship issue.
(6)Order that the child be permanently placed with a fit and willing relative, subject to the periodic review of the juvenile court under Section 366.3.
(7)Order that the child remain in foster care, subject to the conditions described in paragraph (4) of subdivision (c) and the periodic review of the juvenile court under Section 366.3.
In choosing among the above alternatives the court shall proceed pursuant to subdivision (c).
(c)(1)If the court determines, based on the assessment provided as ordered under subdivision (i) of Section 366.21, subdivision (b) of Section 366.22, or subdivision (b) of Section 366.25, and any other relevant evidence, by a clear and convincing standard, that it is likely the child will be adopted, the court shall terminate parental rights and order the child placed for adoption. The fact that the child is not yet placed in a preadoptive home nor with a relative or foster family who is prepared to adopt the child, shall not constitute a basis for the court to conclude that it is not likely the child will be adopted. A finding under subdivision (b) or paragraph (1) of subdivision (e) of Section 361.5 that reunification services shall not be offered, under subdivision (e) of Section 366.21 that the whereabouts of a parent have been unknown for six months or that the parent has failed to visit or contact the child for six months, or that the parent has been convicted of a felony indicating parental unfitness, or, under Section 366.21 or 366.22, that the court has continued to remove the child from the custody of the parent or guardian and has terminated reunification services, shall constitute a sufficient basis for termination of parental rights. Under these circumstances, the court shall terminate parental rights unless either of the following applies:
(A)The child is living with a relative who is unable or unwilling to adopt the child because of circumstances that do not include an unwillingness to accept legal or financial responsibility for the child, but who is willing and capable of providing the child with a stable and permanent environment through legal guardianship, and the removal of the child from the custody of his or her relative would be detrimental to the emotional well-being of the child. For purposes of an Indian child, relative shall include an extended family member, as defined in the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1903(2)).
(B)The court finds a compelling reason for determining that termination would be detrimental to the child due to one or more of the following circumstances:
(i)The parents have maintained regular visitation and contact with the child and the child would benefit from continuing the relationship.
(ii)A child 12 years of age or older objects to termination of parental rights.
(iii)The child is placed in a residential treatment facility, adoption is unlikely or undesirable, and continuation of parental rights will not prevent finding the child a permanent family placement if the parents cannot resume custody when residential care is no longer needed.
(iv)The child is living with a foster parent or Indian custodian who is unable or unwilling to adopt the child because of exceptional circumstances, that do not include an unwillingness to accept legal or financial responsibility for the child, but who is willing and capable of providing the child with a stable and permanent environment and the removal of the child from the physical custody of his or her foster parent or Indian custodian would be detrimental to the emotional well-being of the child. This clause does not apply to any child who is either (I) under six years of age or (II) a member of a sibling group where at least one child is under six years of age and the siblings are, or should be, permanently placed together.
(v)There would be substantial interference with a childs sibling relationship, taking into consideration the nature and extent of the relationship, including, but not limited to, whether the child was raised with a sibling in the same home, whether the child shared significant common experiences or has existing close and strong bonds with a sibling, and whether ongoing contact is in the childs best interest, including the childs long-term emotional interest, as compared to the benefit of legal permanence through adoption.
(vi)The child is an Indian child and there is a compelling reason for determining that termination of parental rights would not be in the best interest of the child, including, but not limited to:
(I)Termination of parental rights would substantially interfere with the childs connection to his or her tribal community or the childs tribal membership rights.
(II)The childs tribe has identified guardianship, foster care with a fit and willing relative, tribal customary adoption, or another planned permanent living arrangement for the child.
(III)The child is a nonminor dependent, and the nonminor and the nonminors tribe have identified tribal customary adoption for the nonminor.
(C)For purposes of subparagraph (B), in the case of tribal customary adoptions, Section 366.24 shall apply.
(D)If the court finds that termination of parental rights would be detrimental to the child pursuant to clause (i), (ii), (iii), (iv), (v), or (vi), it shall state its reasons in writing or on the record.
(2)The court shall not terminate parental rights if:
(A)At each hearing at which the court was required to consider reasonable efforts or services, the court has found that reasonable efforts were not made or that reasonable services were not offered or provided.
(B)In the case of an Indian child:
(i)At the hearing terminating parental rights, the court has found that active efforts were not made as required in Section 361.7.
(ii)The court does not make a determination at the hearing terminating parental rights, supported by evidence beyond a reasonable doubt, including testimony of one or more qualified expert witnesses as defined in Section 224.6, that the continued custody of the child by the parent is likely to result in serious emotional or physical damage to the child.
(iii)The court has ordered tribal customary adoption pursuant to Section 366.24.
(3)If the court finds that termination of parental rights would not be detrimental to the child pursuant to paragraph (1) and that the child has a probability for adoption but is difficult to place for adoption and there is no identified or available prospective adoptive parent, the court may identify adoption as the permanent placement goal and, without terminating parental rights, order that efforts be made to locate an appropriate adoptive family for the child, within the state or out of the state, within a period not to exceed 180 days. During this 180-day period, the public agency responsible for seeking adoptive parents for each child shall, to the extent possible, ask each child who is 10 years of age or older to identify any individuals, other than the childs siblings, who are important to the child, in order to identify potential adoptive parents. The public agency may ask any other child to provide that information, as appropriate. During the 180-day period, the public agency shall, to the extent possible, contact other private and public adoption agencies regarding the availability of the child for adoption. During the 180-day period, the public agency shall conduct the search for adoptive parents in the same manner as prescribed for children in Sections 8708 and 8709 of the Family Code. At the expiration of this period, another hearing shall be held and the court shall proceed pursuant to paragraph (1), (2), (3), (5), or (6) of subdivision (b). For purposes of this section, a child may only be found to be difficult to place for adoption if there is no identified or available prospective adoptive parent for the child because of the childs membership in a sibling group, or the presence of a diagnosed medical, physical, or mental handicap, or the child is seven years of age or older.
(4)(A)If the court finds that adoption of the child or termination of parental rights is not in the best interest of the child, because one of the conditions in clause (i), (ii), (iii), (iv), (v), or (vi) of subparagraph (B) of paragraph (1) or in paragraph (2) applies, the court shall order that the present caretakers or other appropriate persons shall become legal guardians of the child, or, in the case of an Indian child, consider a tribal customary adoption pursuant to Section 366.24. Legal guardianship shall be considered before continuing the child in foster care under any other permanent plan, if it is in the best interests of the child and if a suitable guardian can be found. If the child continues in foster care, the court shall make factual findings identifying any barriers to achieving adoption, tribal customary adoption in the case of an Indian child, legal guardianship, or placement with a fit and willing relative as of the date of the hearing. A child who is 10 years of age or older, shall be asked to identify any individuals, other than the childs siblings, who are important to the child, in order to identify potential guardians or, in the case of an Indian child, prospective tribal customary adoptive parents. The agency may ask any other child to provide that information, as appropriate.
(B)(i)If the child is living with an approved relative who is willing and capable of providing a stable and permanent environment, but not willing to become a legal guardian as of the hearing date, the court shall order a permanent plan of placement with a fit and willing relative, and the child shall not be removed from the home if the court finds the removal would be seriously detrimental to the emotional well-being of the child because the child has substantial psychological ties to the relative caretaker.
(ii)If the child is living with a nonrelative caregiver who is willing and capable of providing a stable and permanent environment, but not willing to become a legal guardian as of the hearing date, the court shall order that the child remain in foster care with a permanent plan of return home, adoption, legal guardianship, or placement with a fit and willing relative, as appropriate. If the child is 16 years of age or older, or a nonminor dependent, and no other permanent plan is appropriate at the time of the hearing, the court may order another planned permanent living arrangement, as described in paragraph (2) of subdivision (i) of Section 16501. Regardless of the age of the child, the child shall not be removed from the home if the court finds the removal would be seriously detrimental to the emotional well-being of the child because the child has substantial psychological ties to the caregiver.
(iii)If the child is living in a group home or, on or after January 1, 2017, a short-term residential therapeutic program, the court shall order that the child remain in foster care with a permanent plan of return home, adoption, tribal customary adoption in the case of an Indian child, legal guardianship, or placement with a fit and willing relative, as appropriate. If the child is 16 years of age or older, or a nonminor dependent, and no other permanent plan is appropriate at the time of the hearing, the court may order another planned permanent living arrangement, as described in paragraph (2) of subdivision (i) of Section 16501.
(C)The court shall also make an order for visitation with the parents or guardians unless the court finds by a preponderance of the evidence that the visitation would be detrimental to the physical or emotional well-being of the child.
(5)If the court finds that the child should not be placed for adoption, that legal guardianship shall not be established, that placement with a fit and willing relative is not appropriate as of the hearing date, and that there are no suitable foster parents except certified family homes or resource families of a foster family agency available to provide the child with a stable and permanent environment, the court may order the care, custody, and control of the child transferred from the county welfare department to a licensed foster family agency. The court shall consider the written recommendation of the county welfare director regarding the suitability of the transfer. The transfer shall be subject to further court orders.
The licensed foster family agency shall place the child in a suitable licensed or certified family home that has been certified by the agency as meeting licensing standards or with a resource family approved by the agency. The licensed foster family agency shall be responsible for supporting the child and providing appropriate services to the child, including those services ordered by the court. Responsibility for the support of the child shall not, in and of itself, create liability on the part of the foster family agency to third persons injured by the child. Those children whose care, custody, and control are transferred to a foster family agency shall not be eligible for foster care maintenance payments or child welfare services, except for emergency response services pursuant to Section 16504.
(d)The proceeding for the appointment of a guardian for a child who is a dependent of the juvenile court shall be in the juvenile court. If the court finds pursuant to this section that legal guardianship is the appropriate permanent plan, it shall appoint the legal guardian and issue letters of guardianship. The assessment prepared pursuant to subdivision (g) of Section 361.5, subdivision (i) of Section 366.21, subdivision (b) of Section 366.22, and subdivision (b) of Section 366.25 shall be read and considered by the court prior to the appointment, and this shall be reflected in the minutes of the court. The person preparing the assessment may be called and examined by any party to the proceeding.
(e)(1)The proceeding for the adoption of a child who is a dependent of the juvenile court shall be in the juvenile court if the court finds pursuant to this section that adoption is the appropriate permanent plan and the petition for adoption is filed in the juvenile court. Upon the filing of a petition for adoption, the juvenile court shall order that an adoption hearing be set. The court shall proceed with the adoption after the appellate rights of the natural parents have been exhausted. The full report required by Section 8715 of the Family Code shall be read and considered by the court prior to the adoption and this shall be reflected in the minutes of the court. The person preparing the report may be called and examined by any party to the proceeding. It is the intent of the Legislature, pursuant to this subdivision, to give potential adoptive parents the option of filing in the juvenile court the petition for the adoption of a child who is a dependent of the juvenile court. Nothing in this section is intended to prevent the filing of a petition for adoption in any other court as permitted by law, instead of in the juvenile court.
(2)In the case of an Indian child, if the Indian childs tribe has elected a permanent plan of tribal customary adoption, the court, upon receiving the tribal customary adoption order will afford the tribal customary adoption order full faith and credit to the same extent that the court would afford full faith and credit to the public acts, records, judicial proceedings, and judgments of any other entity. Upon a determination that the tribal customary adoption order may be afforded full faith and credit, consistent with Section 224.5, the court shall thereafter order a hearing to finalize the adoption be set upon the filing of the adoption petition. The prospective tribal customary adoptive parents and the child who is the subject of the tribal customary adoption petition shall appear before the court for the finalization hearing. The court shall thereafter issue an order of adoption pursuant to Section 366.24.
(3)If a child who is the subject of a finalized tribal customary adoption shows evidence of a developmental disability or mental illness as a result of conditions existing before the tribal customary adoption to the extent that the child cannot be relinquished to a licensed adoption agency on the grounds that the child is considered unadoptable, and of which condition the tribal customary adoptive parent or parents had no knowledge or notice before the entry of the tribal customary adoption order, a petition setting forth those facts may be filed by the tribal customary adoptive parent or parents with the juvenile court that granted the tribal customary adoption petition. If these facts are proved to the satisfaction of the juvenile court, it may make an order setting aside the tribal customary adoption order. The set-aside petition shall be filed within five years of the issuance of the tribal customary adoption order. The court clerk shall immediately notify the childs tribe and the department in Sacramento of the petition within 60 days after the notice of filing of the petition. The department shall file a full report with the court and shall appear before the court for the purpose of representing the child. Whenever a final decree of tribal customary adoption has been vacated or set aside, the child shall be returned to the custody of the county in which the proceeding for tribal customary adoption was finalized. The biological parent or parents of the child may petition for return of custody. The disposition of the child after the court has entered an order to set aside a tribal customary adoption shall include consultation with the childs tribe.
(f)At the beginning of any proceeding pursuant to this section, if the child or the parents are not being represented by previously retained or appointed counsel, the court shall proceed as follows:
(1)In accordance with subdivision (c) of Section 317, if a child before the court is without counsel, the court shall appoint counsel unless the court finds that the child would not benefit from the appointment of counsel. The court shall state on the record its reasons for that finding.
(2)If a parent appears without counsel and is unable to afford counsel, the court shall appoint counsel for the parent, unless this representation is knowingly and intelligently waived. The same counsel shall not be appointed to represent both the child and his or her parent. The public defender or private counsel may be appointed as counsel for the parent.
(3)Private counsel appointed under this section shall receive a reasonable sum for compensation and expenses, the amount of which shall be determined by the court. The amount shall be paid by the real parties in interest, other than the child, in any proportions the court deems just. However, if the court finds that any of the real parties in interest are unable to afford counsel, the amount shall be paid out of the general fund of the county.
(g)The court may continue the proceeding for a period of time not to exceed 30 days as necessary to appoint counsel, and to enable counsel to become acquainted with the case.
(h)(1)At all proceedings under this section, the court shall consider the wishes of the child and shall act in the best interests of the child.
(2)In accordance with Section 349, the child shall be present in court if the child or the childs counsel so requests or the court so orders. If the child is 10 years of age or older and is not present at a hearing held pursuant to this section, the court shall determine whether the minor was properly notified of his or her right to attend the hearing and inquire as to the reason why the child is not present.
(3)(A)The testimony of the child may be taken in chambers and outside the presence of the childs parent or parents, if the childs parent or parents are represented by counsel, the counsel is present, and any of the following circumstances exist:
(i)The court determines that testimony in chambers is necessary to ensure truthful testimony.
(ii)The child is likely to be intimidated by a formal courtroom setting.
(iii)The child is afraid to testify in front of his or her parent or parents.
(B)After testimony in chambers, the parent or parents of the child may elect to have the court reporter read back the testimony or have the testimony summarized by counsel for the parent or parents.
(C)The testimony of a child also may be taken in chambers and outside the presence of the guardian or guardians of a child under the circumstances specified in this subdivision.
(i)(1)Any order of the court permanently terminating parental rights under this section shall be conclusive and binding upon the child, upon the parent or parents and, upon all other persons who have been served with citation by publication or otherwise as provided in this chapter. After making the order, the juvenile court shall have no power to set aside, change, or modify it, except as provided in paragraph (2), but nothing in this section shall be construed to limit the right to appeal the order.
(2)A tribal customary adoption order evidencing that the Indian child has been the subject of a tribal customary adoption shall be afforded full faith and credit and shall have the same force and effect as an order of adoption authorized by this section. The rights and obligations of the parties as to the matters determined by the Indian childs tribe shall be binding on all parties. A court shall not order compliance with the order absent a finding that the party seeking the enforcement participated, or attempted to participate, in good faith, in family mediation services of the court or dispute resolution through the tribe regarding the conflict, prior to the filing of the enforcement action.
(3)A child who has not been adopted after the passage of at least three years from the date the court terminated parental rights and for whom the court has determined that adoption is no longer the permanent plan may petition the juvenile court to reinstate parental rights pursuant to the procedure prescribed by Section 388. The child may file the petition prior to the expiration of this three-year period if the State Department of Social Services, county adoption agency, or licensed adoption agency that is responsible for custody and supervision of the child as described in subdivision (j) and the child stipulate that the child is no longer likely to be adopted. A child over 12 years of age shall sign the petition in the absence of a showing of good cause as to why the child could not do so. If it appears that the best interests of the child may be promoted by reinstatement of parental rights, the court shall order that a hearing be held and shall give prior notice, or cause prior notice to be given, to the social worker or probation officer and to the childs attorney of record, or, if there is no attorney of record for the child, to the child, and the childs tribe, if applicable, by means prescribed by subdivision (c) of Section 297. The court shall order the child or the social worker or probation officer to give prior notice of the hearing to the childs former parent or parents whose parental rights were terminated in the manner prescribed by subdivision (f) of Section 294 where the recommendation is adoption. The juvenile court shall grant the petition if it finds by clear and convincing evidence that the child is no longer likely to be adopted and that reinstatement of parental rights is in the childs best interest. If the court reinstates parental rights over a child who is under 12 years of age and for whom the new permanent plan will not be reunification with a parent or legal guardian, the court shall specify the factual basis for its findings that it is in the best interest of the child to reinstate parental rights. This subdivision is intended to be retroactive and applies to any child who is under the jurisdiction of the juvenile court at the time of the hearing regardless of the date parental rights were terminated.
(j)If the court, by order or judgment, declares the child free from the custody and control of both parents, or one parent if the other does not have custody and control, or declares the child eligible for tribal customary adoption, the court shall at the same time order the child referred to the State Department of Social Services, county adoption agency, or licensed adoption agency for adoptive placement by the agency. However, except in the case of a tribal customary adoption where there is no termination of parental rights, a petition for adoption may not be granted until the appellate rights of the natural parents have been exhausted. The State Department of Social Services, county adoption agency, or licensed adoption agency shall be responsible for the custody and supervision of the child and shall be entitled to the exclusive care and control of the child at all times until a petition for adoption or tribal customary adoption is granted, except as specified in subdivision (n). With the consent of the agency, the court may appoint a guardian of the child, who shall serve until the child is adopted.
(k)(1)Notwithstanding any other law, the application of any person who, as a relative caretaker or foster parent, has cared for a dependent child for whom the court has approved a permanent plan for adoption, or who has been freed for adoption, shall be given preference with respect to that child over all other applications for adoptive placement if the agency making the placement determines that the child has substantial emotional ties to the relative caretaker or foster parent and removal from the relative caretaker or foster parent would be seriously detrimental to the childs emotional well-being.
(2)As used in this subdivision, preference means that the application shall be processed and, if satisfactory, the family study shall be completed before the processing of the application of any other person for the adoptive placement of the child.
(l)(1)An order by the court that a hearing pursuant to this section be held is not appealable at any time unless all of the following apply:
(A)A petition for extraordinary writ review was filed in a timely manner.
(B)The petition substantively addressed the specific issues to be challenged and supported that challenge by an adequate record.
(C)The petition for extraordinary writ review was summarily denied or otherwise not decided on the merits.
(2)Failure to file a petition for extraordinary writ review within the period specified by rule, to substantively address the specific issues challenged, or to support that challenge by an adequate record shall preclude subsequent review by appeal of the findings and orders made pursuant to this section.
(3)The Judicial Council shall adopt rules of court, effective January 1, 1995, to ensure all of the following:
(A)A trial court, after issuance of an order directing a hearing pursuant to this section be held, shall advise all parties of the requirement of filing a petition for extraordinary writ review as set forth in this subdivision in order to preserve any right to appeal in these issues.
(i)If a party is present at the time of the making of the order, the notice shall be made orally to the party.
(ii)If the party is not present at the time of making the order, the notice shall be made by the clerk of the court by first-class mail to the last known address of a party or by electronic service pursuant to Section 212.5. If the notice is for a hearing at which the social worker will recommend the termination of parental rights, the notice may be electronically served pursuant to Section 212.5, but only in addition to service of the notice by first-class mail.
(B)The prompt transmittal of the records from the trial court to the appellate court.
(C)That adequate time requirements for counsel and court personnel exist to implement the objective of this subdivision.
(D)That the parent or guardian, or their trial counsel or other counsel, is charged with the responsibility of filing a petition for extraordinary writ relief pursuant to this subdivision.
(4)The intent of this subdivision is to do both of the following:
(A)Make every reasonable attempt to achieve a substantive and meritorious review by the appellate court within the time specified in Sections 366.21, 366.22, and 366.25 for holding a hearing pursuant to this section.
(B)Encourage the appellate court to determine all writ petitions filed pursuant to this subdivision on their merits.
(5)This subdivision shall only apply to cases in which an order to set a hearing pursuant to this section is issued on or after January 1, 1995.
(m)Except for subdivision (j), this section shall also apply to minors adjudged wards pursuant to Section 727.31.
(n)(1)Notwithstanding Section 8704 of the Family Code or any other law, the court, at a hearing held pursuant to this section or anytime thereafter, may designate a current caretaker as a prospective adoptive parent if the child has lived with the caretaker for at least six months, the caretaker currently expresses a commitment to adopt the child, and the caretaker has taken at least one step to facilitate the adoption process. In determining whether to make that designation, the court may take into consideration whether the caretaker is listed in the preliminary assessment prepared by the county department in accordance with subdivision (i) of Section 366.21 as an appropriate person to be considered as an adoptive parent for the child and the recommendation of the State Department of Social Services, county adoption agency, or licensed adoption agency.
(2)For purposes of this subdivision, steps to facilitate the adoption process include, but are not limited to, the following:
(A)Applying for an adoption homestudy.
(B)Cooperating with an adoption homestudy.
(C)Being designated by the court or the adoption agency as the adoptive family.
(D)Requesting de facto parent status.
(E)Signing an adoptive placement agreement.
(F)Engaging in discussions regarding a postadoption contact agreement.
(G)Working to overcome any impediments that have been identified by the State Department of Social Services, county adoption agency, or licensed adoption agency.
(H)Attending classes required of prospective adoptive parents.
(3)Prior to a change in placement and as soon as possible after a decision is made to remove a child from the home of a designated prospective adoptive parent, the agency shall notify the court, the designated prospective adoptive parent or the current caretaker, if that caretaker would have met the threshold criteria to be designated as a prospective adoptive parent pursuant to paragraph (1) on the date of service of this notice, the childs attorney, and the child, if the child is 10 years of age or older, of the proposal in the manner described in Section 16010.6.
(A)Within five court days or seven calendar days, whichever is longer, of the date of notification, the child, the childs attorney, or the designated prospective adoptive parent may file a petition with the court objecting to the proposal to remove the child, or the court, upon its own motion, may set a hearing regarding the proposal. The court may, for good cause, extend the filing period. A caretaker who would have met the threshold criteria to be designated as a prospective adoptive parent pursuant to paragraph (1) on the date of service of the notice of proposed removal of the child may file, together with the petition under this subparagraph, a petition for an order designating the caretaker as a prospective adoptive parent for purposes of this subdivision.
(B)A hearing ordered pursuant to this paragraph shall be held as soon as possible and not later than five court days after the petition is filed with the court or the court sets a hearing upon its own motion, unless the court for good cause is unable to set the matter for hearing five court days after the petition is filed, in which case the court shall set the matter for hearing as soon as possible. At the hearing, the court shall determine whether the caretaker has met the threshold criteria to be designated as a prospective adoptive parent pursuant to paragraph (1), and whether the proposed removal of the child from the home of the designated prospective adoptive parent is in the childs best interest, and the child may not be removed from the home of the designated prospective adoptive parent unless the court finds that removal is in the childs best interest. If the court determines that the caretaker did not meet the threshold criteria to be designated as a prospective adoptive parent on the date of service of the notice of proposed removal of the child, the petition objecting to the proposed removal filed by the caretaker shall be dismissed. If the caretaker was designated as a prospective adoptive parent prior to this hearing, the court shall inquire into any progress made by the caretaker towards the adoption of the child since the caretaker was designated as a prospective adoptive parent.
(C)A determination by the court that the caretaker is a designated prospective adoptive parent pursuant to paragraph (1) or subparagraph (B) does not make the caretaker a party to the dependency proceeding nor does it confer on the caretaker any standing to object to any other action of the department, county adoption agency, or licensed adoption agency, unless the caretaker has been declared a de facto parent by the court prior to the notice of removal served pursuant to paragraph (3).
(D)If a petition objecting to the proposal to remove the child is not filed, and the court, upon its own motion, does not set a hearing, the child may be removed from the home of the designated prospective adoptive parent without a hearing.
(4)Notwithstanding paragraph (3), if the State Department of Social Services, county adoption agency, or licensed adoption agency determines that the child must be removed from the home of the caretaker who is or may be a designated prospective adoptive parent immediately, due to a risk of physical or emotional harm, the agency may remove the child from that home and is not required to provide notice prior to the removal. However, as soon as possible and not longer than two court days after the removal, the agency shall notify the court, the caretaker who is or may be a designated prospective adoptive parent, the childs attorney, and the child, if the child is 10 years of age or older, of the removal. Within five court days or seven calendar days, whichever is longer, of the date of notification of the removal, the child, the childs attorney, or the caretaker who is or may be a designated prospective adoptive parent may petition for, or the court on its own motion may set, a noticed hearing pursuant to paragraph (3). The court may, for good cause, extend the filing period.
(5)Except as provided in subdivision (b) of Section 366.28, an order by the court issued after a hearing pursuant to this subdivision shall not be appealable.
(6)Nothing in this section shall preclude a county child protective services agency from fully investigating and responding to alleged abuse or neglect of a child pursuant to Section 11165.5 of the Penal Code.
(7)The Judicial Council shall prepare forms to facilitate the filing of the petitions described in this subdivision, which shall become effective on January 1, 2006.
SEC. 134.5.Section 366.26 of the Welfare and Institutions Code is amended to read:366.26.(a)This section applies to children who are adjudged dependent children of the juvenile court pursuant to subdivision (d) of Section 360. The procedures specified in this section are the exclusive procedures for conducting these hearings. The procedures in Part 2 (commencing with Section 3020) of Division 8 of the Family Code are not applicable to these proceedings. Section 8616.5 of the Family Code is applicable and available to all dependent children meeting the requirements of that section, if the postadoption contact agreement has been entered into voluntarily. For children who are adjudged dependent children of the juvenile court pursuant to subdivision (d) of Section 360, this section, and Sections 8604, 8605, 8606, and 8700 of the Family Code and Chapter 5 (commencing with Section 7660) of Part 3 of Division 12 of the Family Code specify the exclusive procedures for permanently terminating parental rights with regard to, or establishing legal guardianship of, the child while the child is a dependent child of the juvenile court.
(b)At the hearing, which shall be held in juvenile court for all children who are dependents of the juvenile court, the court, in order to provide stable, permanent homes for these children, shall review the report as specified in Section 361.5, 366.21, 366.22, or 366.25, shall indicate that the court has read and considered it, shall receive other evidence that the parties may present, and then shall make findings and orders in the following order of preference:
(1)Terminate the rights of the parent or parents and order that the child be placed for adoption and, upon the filing of a petition for adoption in the juvenile court, order that a hearing be set. The court shall proceed with the adoption after the appellate rights of the natural parents have been exhausted.
(2)Order, without termination of parental rights, the plan of tribal customary adoption, as described in Section 366.24, through tribal custom, traditions, or law of the Indian childs tribe, and upon the court affording the tribal customary adoption order full faith and credit at the continued selection and implementation hearing, order that a hearing be set pursuant to paragraph (2) of subdivision (e).
(3)Appoint a relative or relatives with whom the child is currently residing as legal guardian or guardians for the child, and order that letters of guardianship issue.
(4)On making a finding under paragraph (3) of subdivision (c), identify adoption or tribal customary adoption as the permanent placement goal and order that efforts be made to locate an appropriate adoptive family for the child within a period not to exceed 180 days.
(5)Appoint a nonrelative legal guardian for the child and order that letters of guardianship issue.
(6)Order that the child be permanently placed with a fit and willing relative, subject to the periodic review of the juvenile court under Section 366.3.
(7)Order that the child remain in foster care, subject to the conditions described in paragraph (4) of subdivision (c) and the periodic review of the juvenile court under Section 366.3.
In choosing among the alternatives in this subdivision, the court shall proceed pursuant to subdivision (c).
(c)(1)If the court determines, based on the assessment provided as ordered under subdivision (i) of Section 366.21, subdivision (b) of Section 366.22, or subdivision (b) of Section 366.25, and any other relevant evidence, by a clear and convincing standard, that it is likely the child will be adopted, the court shall terminate parental rights and order the child placed for adoption. The fact that the child is not yet placed in a preadoptive home nor with a relative or foster family who is prepared to adopt the child, shall not constitute a basis for the court to conclude that it is not likely the child will be adopted. A finding under subdivision (b) or paragraph (1) of subdivision (e) of Section 361.5 that reunification services shall not be offered, under subdivision (e) of Section 366.21 that the whereabouts of a parent have been unknown for six months or that the parent has failed to visit or contact the child for six months, or that the parent has been convicted of a felony indicating parental unfitness, or, under Section 366.21 or 366.22, that the court has continued to remove the child from the custody of the parent or guardian and has terminated reunification services, shall constitute a sufficient basis for termination of parental rights. Under these circumstances, the court shall terminate parental rights unless either of the following applies:
(A)The child is living with a relative who is unable or unwilling to adopt the child because of circumstances that do not include an unwillingness to accept legal or financial responsibility for the child, but who is willing and capable of providing the child with a stable and permanent environment through legal guardianship, and the removal of the child from the custody of his or her relative would be detrimental to the emotional well-being of the child. For purposes of an Indian child, relative shall include an extended family member, as defined in the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1903(2)).
(B)The court finds a compelling reason for determining that termination would be detrimental to the child due to one or more of the following circumstances:
(i)The parents have maintained regular visitation and contact with the child and the child would benefit from continuing the relationship.
(ii)A child 12 years of age or older objects to termination of parental rights.
(iii)The child is placed in a residential treatment facility, adoption is unlikely or undesirable, and continuation of parental rights will not prevent finding the child a permanent family placement if the parents cannot resume custody when residential care is no longer needed.
(iv)The child is living with a foster parent or Indian custodian who is unable or unwilling to adopt the child because of exceptional circumstances, that do not include an unwillingness to accept legal or financial responsibility for the child, but who is willing and capable of providing the child with a stable and permanent environment and the removal of the child from the physical custody of his or her foster parent or Indian custodian would be detrimental to the emotional well-being of the child. This clause does not apply to any child who is either (I) under six years of age or (II) a member of a sibling group where at least one child is under six years of age and the siblings are, or should be, permanently placed together.
(v)There would be substantial interference with a childs sibling relationship, taking into consideration the nature and extent of the relationship, including, but not limited to, whether the child was raised with a sibling in the same home, whether the child shared significant common experiences or has existing close and strong bonds with a sibling, and whether ongoing contact is in the childs best interest, including the childs long-term emotional interest, as compared to the benefit of legal permanence through adoption.
(vi)The child is an Indian child and there is a compelling reason for determining that termination of parental rights would not be in the best interest of the child, including, but not limited to:
(I)Termination of parental rights would substantially interfere with the childs connection to his or her tribal community or the childs tribal membership rights.
(II)The childs tribe has identified guardianship, foster care with a fit and willing relative, tribal customary adoption, or another planned permanent living arrangement for the child.
(III)The child is a nonminor dependent, and the nonminor and the nonminors tribe have identified tribal customary adoption for the nonminor.
(C)For purposes of subparagraph (B), in the case of tribal customary adoptions, Section 366.24 shall apply.
(D)If the court finds that termination of parental rights would be detrimental to the child pursuant to clause (i), (ii), (iii), (iv), (v), or (vi), it shall state its reasons in writing or on the record.
(2)The court shall not terminate parental rights if:
(A)At each hearing at which the court was required to consider reasonable efforts or services, the court has found that reasonable efforts were not made or that reasonable services were not offered or provided.
(B)In the case of an Indian child:
(i)At the hearing terminating parental rights, the court has found that active efforts were not made as required in Section 361.7.
(ii)The court does not make a determination at the hearing terminating parental rights, supported by evidence beyond a reasonable doubt, including testimony of one or more qualified expert witnesses as defined in Section 224.6, that the continued custody of the child by the parent is likely to result in serious emotional or physical damage to the child.
(iii)The court has ordered tribal customary adoption pursuant to Section 366.24.
(3)If the court finds that termination of parental rights would not be detrimental to the child pursuant to paragraph (1) and that the child has a probability for adoption but is difficult to place for adoption and there is no identified or available prospective adoptive parent, the court may identify adoption as the permanent placement goal and, without terminating parental rights, order that efforts be made to locate an appropriate adoptive family for the child, within the state or out of the state, within a period not to exceed 180 days. During this 180-day period, the public agency responsible for seeking adoptive parents for each child shall, to the extent possible, ask each child who is 10 years of age or older to identify any individuals, other than the childs siblings, who are important to the child, in order to identify potential adoptive parents. The public agency may ask any other child to provide that information, as appropriate. During the 180-day period, the public agency shall, to the extent possible, contact other private and public adoption agencies regarding the availability of the child for adoption. During the 180-day period, the public agency shall conduct the search for adoptive parents in the same manner as prescribed for children in Sections 8708 and 8709 of the Family Code. At the expiration of this period, another hearing shall be held and the court shall proceed pursuant to paragraph (1), (2), (3), (5), or (6) of subdivision (b). For purposes of this section, a child may only be found to be difficult to place for adoption if there is no identified or available prospective adoptive parent for the child because of the childs membership in a sibling group, or the presence of a diagnosed medical, physical, or mental handicap, or the child is seven years of age or older.
(4)(A)If the court finds that adoption of the child or termination of parental rights is not in the best interest of the child, because one of the conditions in clause (i), (ii), (iii), (iv), (v), or (vi) of subparagraph (B) of paragraph (1) or in paragraph (2) applies, the court shall order that the present caretakers or other appropriate persons shall become legal guardians of the child, or, in the case of an Indian child, consider a tribal customary adoption pursuant to Section 366.24. Legal guardianship shall be considered before continuing the child in foster care under any other permanent plan, if it is in the best interests of the child and if a suitable guardian can be found. If the child continues in foster care, the court shall make factual findings identifying any barriers to achieving adoption, tribal customary adoption in the case of an Indian child, legal guardianship, or placement with a fit and willing relative as of the date of the hearing. A child who is 10 years of age or older, shall be asked to identify any individuals, other than the childs siblings, who are important to the child, in order to identify potential guardians or, in the case of an Indian child, prospective tribal customary adoptive parents. The agency may ask any other child to provide that information, as appropriate.
(B)(i)If the child is living with an approved relative who is willing and capable of providing a stable and permanent environment, but not willing to become a legal guardian as of the hearing date, the court shall order a permanent plan of placement with a fit and willing relative, and the child shall not be removed from the home if the court finds the removal would be seriously detrimental to the emotional well-being of the child because the child has substantial psychological ties to the relative caretaker.
(ii)If the child is living with a nonrelative caregiver who is willing and capable of providing a stable and permanent environment, but not willing to become a legal guardian as of the hearing date, the court shall order that the child remain in foster care with a permanent plan of return home, adoption, legal guardianship, or placement with a fit and willing relative, as appropriate. If the child is 16 years of age or older, or a nonminor dependent, and no other permanent plan is appropriate at the time of the hearing, the court may order another planned permanent living arrangement, as described in paragraph (2) of subdivision (i) of Section 16501. Regardless of the age of the child, the child shall not be removed from the home if the court finds the removal would be seriously detrimental to the emotional well-being of the child because the child has substantial psychological ties to the caregiver.
(iii)If the child is living in a group home or, on or after January 1, 2017, a short-term residential therapeutic program, the court shall order that the child remain in foster care with a permanent plan of return home, adoption, tribal customary adoption in the case of an Indian child, legal guardianship, or placement with a fit and willing relative, as appropriate. If the child is 16 years of age or older, or a nonminor dependent, and no other permanent plan is appropriate at the time of the hearing, the court may order another planned permanent living arrangement, as described in paragraph (2) of subdivision (i) of Section 16501.
(C)The court shall also make an order for visitation with the parents or guardians unless the court finds by a preponderance of the evidence that the visitation would be detrimental to the physical or emotional well-being of the child.
(5)If the court finds that the child should not be placed for adoption, that legal guardianship shall not be established, that placement with a fit and willing relative is not appropriate as of the hearing date, and that there are no suitable foster parents except certified family homes or resource families of a foster family agency available to provide the child with a stable and permanent environment, the court may order the care, custody, and control of the child transferred from the county welfare department to a licensed foster family agency. The court shall consider the written recommendation of the county welfare director regarding the suitability of the transfer. The transfer shall be subject to further court orders.
The licensed foster family agency shall place the child in a suitable licensed or certified family home that has been certified by the agency as meeting licensing standards or with a resource family approved by the agency. The licensed foster family agency shall be responsible for supporting the child and providing appropriate services to the child, including those services ordered by the court. Responsibility for the support of the child shall not, in and of itself, create liability on the part of the foster family agency to third persons injured by the child. Those children whose care, custody, and control are transferred to a foster family agency shall not be eligible for foster care maintenance payments or child welfare services, except for emergency response services pursuant to Section 16504.
(d)The proceeding for the appointment of a guardian for a child who is a dependent of the juvenile court shall be conducted in the juvenile court. If the court finds pursuant to this section that legal guardianship is the appropriate permanent plan, it shall appoint the legal guardian and issue letters of guardianship. The assessment prepared pursuant to subdivision (g) of Section 361.5, subdivision (i) of Section 366.21, subdivision (c) of Section 366.22, and subdivision (b) of Section 366.25 shall be read and considered by the court prior to the appointment, and this shall be reflected in the minutes of the court. The assessment may also include the naming of a prospective successor guardian, if one is identified. In the event of the incapacity or death of the appointed guardian, the named successor guardian may be assessed and appointed pursuant to this section. The person preparing the assessment may be called and examined by any party to the proceeding.
(e)(1)The proceeding for the adoption of a child who is a dependent of the juvenile court shall be conducted in the juvenile court if the court finds pursuant to this section that adoption is the appropriate permanent plan and the petition for adoption is filed in the juvenile court. Upon the filing of a petition for adoption, the juvenile court shall order that an adoption hearing be set. The court shall proceed with the adoption after the appellate rights of the natural parents have been exhausted. The full report required by Section 8715 of the Family Code shall be read and considered by the court prior to the adoption and this shall be reflected in the minutes of the court. The person preparing the report may be called and examined by any party to the proceeding. It is the intent of the Legislature, pursuant to this subdivision, to give potential adoptive parents the option of filing in the juvenile court the petition for the adoption of a child who is a dependent of the juvenile court. Nothing in this section is intended to prevent the filing of a petition for adoption in any other court as permitted by law, instead of in the juvenile court.
(2)In the case of an Indian child, if the Indian childs tribe has elected a permanent plan of tribal customary adoption, the court, upon receiving the tribal customary adoption order will afford the tribal customary adoption order full faith and credit to the same extent that the court would afford full faith and credit to the public acts, records, judicial proceedings, and judgments of any other entity. Upon a determination that the tribal customary adoption order may be afforded full faith and credit, consistent with Section 224.5, the court shall thereafter order a hearing to finalize the adoption be set upon the filing of the adoption petition. The prospective tribal customary adoptive parents and the child who is the subject of the tribal customary adoption petition shall appear before the court for the finalization hearing. The court shall thereafter issue an order of adoption pursuant to Section 366.24.
(3)If a child who is the subject of a finalized tribal customary adoption shows evidence of a developmental disability or mental illness as a result of conditions existing before the tribal customary adoption to the extent that the child cannot be relinquished to a licensed adoption agency on the grounds that the child is considered unadoptable, and of which condition the tribal customary adoptive parent or parents had no knowledge or notice before the entry of the tribal customary adoption order, a petition setting forth those facts may be filed by the tribal customary adoptive parent or parents with the juvenile court that granted the tribal customary adoption petition. If these facts are proved to the satisfaction of the juvenile court, it may make an order setting aside the tribal customary adoption order. The set-aside petition shall be filed within five years of the issuance of the tribal customary adoption order. The court clerk shall immediately notify the childs tribe and the department in Sacramento of the petition within 60 days after the notice of filing of the petition. The department shall file a full report with the court and shall appear before the court for the purpose of representing the child. Whenever a final decree of tribal customary adoption has been vacated or set aside, the child shall be returned to the custody of the county in which the proceeding for tribal customary adoption was finalized. The biological parent or parents of the child may petition for return of custody. The disposition of the child after the court has entered an order to set aside a tribal customary adoption shall include consultation with the childs tribe.
(f)At the beginning of any proceeding pursuant to this section, if the child or the parents are not being represented by previously retained or appointed counsel, the court shall proceed as follows:
(1)In accordance with subdivision (c) of Section 317, if a child before the court is without counsel, the court shall appoint counsel unless the court finds that the child would not benefit from the appointment of counsel. The court shall state on the record its reasons for that finding.
(2)If a parent appears without counsel and is unable to afford counsel, the court shall appoint counsel for the parent, unless this representation is knowingly and intelligently waived. The same counsel shall not be appointed to represent both the child and his or her parent. The public defender or private counsel may be appointed as counsel for the parent.
(3)Private counsel appointed under this section shall receive a reasonable sum for compensation and expenses, the amount of which shall be determined by the court. The amount shall be paid by the real parties in interest, other than the child, in any proportions the court deems just. However, if the court finds that any of the real parties in interest are unable to afford counsel, the amount shall be paid out of the general fund of the county.
(g)The court may continue the proceeding for a period of time not to exceed 30 days as necessary to appoint counsel, and to enable counsel to become acquainted with the case.
(h)(1)At all proceedings under this section, the court shall consider the wishes of the child and shall act in the best interests of the child.
(2)In accordance with Section 349, the child shall be present in court if the child or the childs counsel so requests or the court so orders. If the child is 10 years of age or older and is not present at a hearing held pursuant to this section, the court shall determine whether the minor was properly notified of his or her right to attend the hearing and inquire as to the reason why the child is not present.
(3)(A)The testimony of the child may be taken in chambers and outside the presence of the childs parent or parents, if the childs parent or parents are represented by counsel, the counsel is present, and any of the following circumstances exist:
(i)The court determines that testimony in chambers is necessary to ensure truthful testimony.
(ii)The child is likely to be intimidated by a formal courtroom setting.
(iii)The child is afraid to testify in front of his or her parent or parents.
(B)After testimony in chambers, the parent or parents of the child may elect to have the court reporter read back the testimony or have the testimony summarized by counsel for the parent or parents.
(C)The testimony of a child also may be taken in chambers and outside the presence of the guardian or guardians of a child under the circumstances specified in this subdivision.
(i)(1)Any order of the court permanently terminating parental rights under this section shall be conclusive and binding upon the child, upon the parent or parents and, upon all other persons who have been served with citation by publication or otherwise as provided in this chapter. After making the order, the juvenile court shall have no power to set aside, change, or modify it, except as provided in paragraph (2), but nothing in this section shall be construed to limit the right to appeal the order.
(2)A tribal customary adoption order evidencing that the Indian child has been the subject of a tribal customary adoption shall be afforded full faith and credit and shall have the same force and effect as an order of adoption authorized by this section. The rights and obligations of the parties as to the matters determined by the Indian childs tribe shall be binding on all parties. A court shall not order compliance with the order absent a finding that the party seeking the enforcement participated, or attempted to participate, in good faith, in family mediation services of the court or dispute resolution through the tribe regarding the conflict, prior to the filing of the enforcement action.
(3)A child who has not been adopted after the passage of at least three years from the date the court terminated parental rights and for whom the court has determined that adoption is no longer the permanent plan may petition the juvenile court to reinstate parental rights pursuant to the procedure prescribed by Section 388. The child may file the petition prior to the expiration of this three-year period if the State Department of Social Services, county adoption agency, or licensed adoption agency that is responsible for custody and supervision of the child as described in subdivision (j) and the child stipulate that the child is no longer likely to be adopted. A child over 12 years of age shall sign the petition in the absence of a showing of good cause as to why the child could not do so. If it appears that the best interests of the child may be promoted by reinstatement of parental rights, the court shall order that a hearing be held and shall give prior notice, or cause prior notice to be given, to the social worker or probation officer and to the childs attorney of record, or, if there is no attorney of record for the child, to the child, and the childs tribe, if applicable, by means prescribed by subdivision (c) of Section 297. The court shall order the child or the social worker or probation officer to give prior notice of the hearing to the childs former parent or parents whose parental rights were terminated in the manner prescribed by subdivision (f) of Section 294 where the recommendation is adoption. The juvenile court shall grant the petition if it finds by clear and convincing evidence that the child is no longer likely to be adopted and that reinstatement of parental rights is in the childs best interest. If the court reinstates parental rights over a child who is under 12 years of age and for whom the new permanent plan will not be reunification with a parent or legal guardian, the court shall specify the factual basis for its findings that it is in the best interest of the child to reinstate parental rights. This subdivision is intended to be retroactive and applies to any child who is under the jurisdiction of the juvenile court at the time of the hearing regardless of the date parental rights were terminated.
(j)If the court, by order or judgment, declares the child free from the custody and control of both parents, or one parent if the other does not have custody and control, or declares the child eligible for tribal customary adoption, the court shall at the same time order the child referred to the State Department of Social Services, county adoption agency, or licensed adoption agency for adoptive placement by the agency. However, except in the case of a tribal customary adoption where there is no termination of parental rights, a petition for adoption may not be granted until the appellate rights of the natural parents have been exhausted. The State Department of Social Services, county adoption agency, or licensed adoption agency shall be responsible for the custody and supervision of the child and shall be entitled to the exclusive care and control of the child at all times until a petition for adoption or tribal customary adoption is granted, except as specified in subdivision (n). With the consent of the agency, the court may appoint a guardian of the child, who shall serve until the child is adopted.
(k)(1)Notwithstanding any other law, the application of any person who, as a relative caretaker or foster parent, has cared for a dependent child for whom the court has approved a permanent plan for adoption, or who has been freed for adoption, shall be given preference with respect to that child over all other applications for adoptive placement if the agency making the placement determines that the child has substantial emotional ties to the relative caretaker or foster parent and removal from the relative caretaker or foster parent would be seriously detrimental to the childs emotional well-being.
(2)As used in this subdivision, preference means that the application shall be processed and, if satisfactory, the family study shall be completed before the processing of the application of any other person for the adoptive placement of the child.
(l)(1)An order by the court that a hearing pursuant to this section be held is not appealable at any time unless all of the following apply:
(A)A petition for extraordinary writ review was filed in a timely manner.
(B)The petition substantively addressed the specific issues to be challenged and supported that challenge by an adequate record.
(C)The petition for extraordinary writ review was summarily denied or otherwise not decided on the merits.
(2)Failure to file a petition for extraordinary writ review within the period specified by rule, to substantively address the specific issues challenged, or to support that challenge by an adequate record shall preclude subsequent review by appeal of the findings and orders made pursuant to this section.
(3)The Judicial Council shall adopt rules of court, effective January 1, 1995, to ensure all of the following:
(A)A trial court, after issuance of an order directing a hearing pursuant to this section be held, shall advise all parties of the requirement of filing a petition for extraordinary writ review as set forth in this subdivision in order to preserve any right to appeal in these issues.
(i)If a party is present at the time of the making of the order, the notice shall be made orally to the party.
(ii)If the party is not present at the time of making the order, the notice shall be made by the clerk of the court by first-class mail to the last known address of a party or by electronic service pursuant to Section 212.5. If the notice is for a hearing at which the social worker will recommend the termination of parental rights, the notice may be electronically served pursuant to Section 212.5, but only in addition to service of the notice by first-class mail.
(B)The prompt transmittal of the records from the trial court to the appellate court.
(C)That adequate time requirements for counsel and court personnel exist to implement the objective of this subdivision.
(D)That the parent or guardian, or their trial counsel or other counsel, is charged with the responsibility of filing a petition for extraordinary writ relief pursuant to this subdivision.
(4)The intent of this subdivision is to do both of the following:
(A)Make every reasonable attempt to achieve a substantive and meritorious review by the appellate court within the time specified in Sections 366.21, 366.22, and 366.25 for holding a hearing pursuant to this section.
(B)Encourage the appellate court to determine all writ petitions filed pursuant to this subdivision on their merits.
(5)This subdivision shall only apply to cases in which an order to set a hearing pursuant to this section is issued on or after January 1, 1995.
(m)Except for subdivision (j), this section shall also apply to minors adjudged wards pursuant to Section 727.31.
(n)(1)Notwithstanding Section 8704 of the Family Code or any other law, the court, at a hearing held pursuant to this section or anytime thereafter, may designate a current caretaker as a prospective adoptive parent if the child has lived with the caretaker for at least six months, the caretaker currently expresses a commitment to adopt the child, and the caretaker has taken at least one step to facilitate the adoption process. In determining whether to make that designation, the court may take into consideration whether the caretaker is listed in the preliminary assessment prepared by the county department in accordance with subdivision (i) of Section 366.21 as an appropriate person to be considered as an adoptive parent for the child and the recommendation of the State Department of Social Services, county adoption agency, or licensed adoption agency.
(2)For purposes of this subdivision, steps to facilitate the adoption process include, but are not limited to, the following:
(A)Applying for an adoption homestudy.
(B)Cooperating with an adoption homestudy.
(C)Being designated by the court or the adoption agency as the adoptive family.
(D)Requesting de facto parent status.
(E)Signing an adoptive placement agreement.
(F)Engaging in discussions regarding a postadoption contact agreement.
(G)Working to overcome any impediments that have been identified by the State Department of Social Services, county adoption agency, or licensed adoption agency.
(H)Attending classes required of prospective adoptive parents.
(3)Prior to a change in placement and as soon as possible after a decision is made to remove a child from the home of a designated prospective adoptive parent, the agency shall notify the court, the designated prospective adoptive parent or the current caretaker, if that caretaker would have met the threshold criteria to be designated as a prospective adoptive parent pursuant to paragraph (1) on the date of service of this notice, the childs attorney, and the child, if the child is 10 years of age or older, of the proposal in the manner described in Section 16010.6.
(A)Within five court days or seven calendar days, whichever is longer, of the date of notification, the child, the childs attorney, or the designated prospective adoptive parent may file a petition with the court objecting to the proposal to remove the child, or the court, upon its own motion, may set a hearing regarding the proposal. The court may, for good cause, extend the filing period. A caretaker who would have met the threshold criteria to be designated as a prospective adoptive parent pursuant to paragraph (1) on the date of service of the notice of proposed removal of the child may file, together with the petition under this subparagraph, a petition for an order designating the caretaker as a prospective adoptive parent for purposes of this subdivision.
(B)A hearing ordered pursuant to this paragraph shall be held as soon as possible and not later than five court days after the petition is filed with the court or the court sets a hearing upon its own motion, unless the court for good cause is unable to set the matter for hearing five court days after the petition is filed, in which case the court shall set the matter for hearing as soon as possible. At the hearing, the court shall determine whether the caretaker has met the threshold criteria to be designated as a prospective adoptive parent pursuant to paragraph (1), and whether the proposed removal of the child from the home of the designated prospective adoptive parent is in the childs best interest, and the child may not be removed from the home of the designated prospective adoptive parent unless the court finds that removal is in the childs best interest. If the court determines that the caretaker did not meet the threshold criteria to be designated as a prospective adoptive parent on the date of service of the notice of proposed removal of the child, the petition objecting to the proposed removal filed by the caretaker shall be dismissed. If the caretaker was designated as a prospective adoptive parent prior to this hearing, the court shall inquire into any progress made by the caretaker towards the adoption of the child since the caretaker was designated as a prospective adoptive parent.
(C)A determination by the court that the caretaker is a designated prospective adoptive parent pursuant to paragraph (1) or subparagraph (B) does not make the caretaker a party to the dependency proceeding nor does it confer on the caretaker any standing to object to any other action of the department, county adoption agency, or licensed adoption agency, unless the caretaker has been declared a de facto parent by the court prior to the notice of removal served pursuant to paragraph (3).
(D)If a petition objecting to the proposal to remove the child is not filed, and the court, upon its own motion, does not set a hearing, the child may be removed from the home of the designated prospective adoptive parent without a hearing.
(4)Notwithstanding paragraph (3), if the State Department of Social Services, county adoption agency, or licensed adoption agency determines that the child must be removed from the home of the caretaker who is or may be a designated prospective adoptive parent immediately, due to a risk of physical or emotional harm, the agency may remove the child from that home and is not required to provide notice prior to the removal. However, as soon as possible and not longer than two court days after the removal, the agency shall notify the court, the caretaker who is or may be a designated prospective adoptive parent, the childs attorney, and the child, if the child is 10 years of age or older, of the removal. Within five court days or seven calendar days, whichever is longer, of the date of notification of the removal, the child, the childs attorney, or the caretaker who is or may be a designated prospective adoptive parent may petition for, or the court on its own motion may set, a noticed hearing pursuant to paragraph (3). The court may, for good cause, extend the filing period.
(5)Except as provided in subdivision (b) of Section 366.28, an order by the court issued after a hearing pursuant to this subdivision shall not be appealable.
(6)Nothing in this section shall preclude a county child protective services agency from fully investigating and responding to alleged abuse or neglect of a child pursuant to Section 11165.5 of the Penal Code.
(7)The Judicial Council shall prepare forms to facilitate the filing of the petitions described in this subdivision, which shall become effective on January 1, 2006.
SEC. 135.Section 387 of the Welfare and Institutions Code is amended to read:387.(a)An order changing or modifying a previous order by removing a child from the physical custody of a parent, guardian, relative, or friend and directing placement in a foster home, or commitment to a private or county institution, shall be made only after noticed hearing upon a supplemental petition.
(b)The supplemental petition shall be filed by the social worker in the original matter and shall contain a concise statement of facts sufficient to support the conclusion that the previous disposition has not been effective in the rehabilitation or protection of the child or, in the case of a placement with a relative, sufficient to show that the placement is not appropriate in view of the criteria in Section 361.3.
(c)Notwithstanding subdivision (a), dependency jurisdiction shall be resumed for a child as to whom dependency jurisdiction has been suspended pursuant to Section 366.5 if the jurisdiction established pursuant to Section 601 or 602 is terminated and if, after the issuance of a joint assessment pursuant to Section 366.5, the court determines that the courts dependency jurisdiction should be resumed.
(d)Upon the filing of the supplemental petition, the clerk of the juvenile court shall immediately set the same for hearing within 30 days, and the social worker shall cause notice thereof to be served upon the persons and in the manner prescribed by Sections 290.1 and 291, except that service under this subdivision may be delivered by electronic service pursuant to Section 212.5.
(e)An order for the detention of the child pending adjudication of the petition may be made only after a hearing is conducted pursuant to Article 7 (commencing with Section 305).
SEC. 136.Section 607.2 of the Welfare and Institutions Code is amended to read:607.2.(a)(1)On and after January 1, 2012, the court shall hold a hearing prior to terminating jurisdiction over a ward who satisfies any of the following criteria:
(A)Is a minor subject to an order for foster care placement described in Section 11402 as a ward who has not previously been subject to the jurisdiction of the court as a result of a petition filed pursuant to Section 325.
(B)Is a nonminor who was subject to an order for foster care placement described in Section 11402 as a ward on the day he or she attained 18 years of age.
(C)Is a ward who was subject to an order for foster care placement described in Section 11402 as a dependent of the court at the time the court adjudged the child to be a ward of the court under Section 725.
(2)The notice of hearing under this subdivision may be served electronically pursuant to Section 212.5.
(b)At a hearing during which termination of jurisdiction over a ward described in subdivision (a) is being considered, the court shall take one of the following actions:
(1)Modify its jurisdiction from delinquency jurisdiction to transition jurisdiction, if the court finds the ward is a person described in Section 450.
(2)(A)For a ward who was not previously subject to the jurisdiction of the court as a result of a petition filed pursuant to Section 325, order the probation department or the wards attorney to submit an application to the child welfare services department pursuant to Section 329 to declare the minor a dependent of the court and modify the courts jurisdiction from delinquency jurisdiction to dependency jurisdiction, if the court finds all of the following:
(i)The ward is a minor.
(ii)The ward does not come within the description in Section 450, but jurisdiction as a ward may no longer be required.
(iii)The ward appears to come within the description of Section 300 and cannot be returned home safely.
(B)The court shall set a hearing within 20 judicial days of the date of the order described in subparagraph (A) to review the child welfare services departments decision and may either affirm its decision not to file a petition pursuant to Section 300 or order the child welfare services department to file a petition pursuant to Section 300. The notice of hearing under this subparagraph may be served electronically pursuant to Section 212.5.
(3)Vacate the order terminating jurisdiction over the minor as a dependent of the court, resume jurisdiction pursuant to Section 300 based on the prior petition filed pursuant to Section 325, and terminate the courts jurisdiction over the minor as a ward, if the minor was subject to an order for foster care placement described in Section 11402 as a dependent of the court at the time the court adjudged the minor to be a ward and assumed jurisdiction over the minor under Section 725.
(4)Continue its delinquency jurisdiction over a ward pursuant to Section 303 as a nonminor dependent, as defined in subdivision (v) of Section 11400, who is eligible to remain in foster care pursuant to Section 11403, if the ward is a nonminor and the court did not modify its jurisdiction as described in Section 450, unless the court finds that after reasonable and documented efforts, the ward cannot be located or does not wish to become a nonminor dependent. In making this finding and prior to entering an order terminating its delinquency jurisdiction, the court shall ensure that the ward has had an opportunity to confer with his or her counsel and has been informed of his or her options, including the right to reenter foster care placement by completing a voluntary reentry agreement as described in subdivision (z) of Section 11400 and to file a petition pursuant to subdivision (e) of Section 388 for the court to assume or resume transition jurisdiction over him or her pursuant to Section 450. The fact that a ward declines to be a nonminor dependent does not restrict the authority of the court to maintain delinquency jurisdiction pursuant to Section 607.
(5)Continue its delinquency jurisdiction.
(6)Terminate its delinquency jurisdiction if the ward does not come within the provisions of paragraphs (1) to (4), inclusive.
(c)If the court modifies jurisdiction, its order shall comply with the requirements of subdivision (f) of Section 241.1.
(d)This section shall not be construed as changing the requirements of Section 727.2 or 727.3 with respect to reunification of minors with their families or the establishment of an alternative permanent plan for minors for whom reunification is not pursued.
SEC. 137.Section 630 of the Welfare and Institutions Code is amended to read:630.(a)If the probation officer determines that the minor shall be retained in custody, he or she shall immediately proceed in accordance with Article 16 (commencing with Section 650) to cause the filing of a petition pursuant to Section 656 with the clerk of the juvenile court who shall set the matter for hearing on the detention calendar. Immediately upon filing the petition with the clerk of the juvenile court, if the minor is alleged to be a person described in Section 601 or 602, the probation officer or the prosecuting attorney shall serve the minor with a copy of the petition and notify him or her of the time and place of the detention hearing. The probation officer or the prosecuting attorney shall notify each parent or each guardian of the minor of the time and place of the hearing if the whereabouts of each parent or guardian can be ascertained by due diligence. Notice pursuant to this subdivision may be given orally and shall not be delivered electronically.
(b)In a hearing conducted pursuant to this section, the minor has a privilege against self-incrimination and has a right to confrontation by, and cross-examination of, any person examined by the court as provided in Section 635.
SEC. 138.Section 658 of the Welfare and Institutions Code is amended to read:658.(a)Except as provided in subdivision (b), upon the filing of the petition, the clerk of the juvenile court shall issue a notice, to which shall be attached a copy of the petition, and he or she shall cause the same to be served upon the minor, if the minor is eight or more years of age, and upon each of the persons described in subdivision (e) of Section 656 whose residence addresses are set forth in the petition and thereafter before the hearing upon all persons whose residence addresses become known to the clerk. If the court has ordered the care, custody, and control of the minor to be under the supervision of the probation officer for foster care placement pursuant to subdivision (a) of Section 727, the clerk shall also issue a copy of that notice to any foster parents, preadoptive parents, legal guardians, or relatives providing care to the minor. The clerk shall issue a copy of the petition, to the minors attorney and to 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. Service under this subdivision may be by electronic service pursuant to Section 212.5, except that electronic service is not authorized if the minor is detained and those persons entitled to notice are not present at the initial detention hearing.
(b)Upon the filing of a supplemental petition where the minor has been declared a ward of the court or a probationer under Section 602 in the original matter, the clerk of the juvenile court shall issue a notice, to which shall be attached a copy of the petition, and he or she shall cause the notice to be served upon the minor, if the minor is eight or more years of age, and upon each of the persons described in subdivision (e) of Section 656 whose residence addresses are set forth in the supplemental petition and thereafter known to the clerk. The clerk shall issue a copy of the supplemental petition to the minors attorney, and to the district attorney if the probation officer is the petitioner, or, to the probation officer if the district attorney is the petitioner, containing the time, date, and place of the hearing. If the court has ordered the care, custody, and control of the minor to be under the supervision of the probation officer for foster care placement pursuant to subdivision (a) of Section 727, the clerk shall also issue a copy of that notice to any foster parents, preadoptive parents, legal guardians, or relatives providing care to the minor. Service under this subdivision may be by electronic service pursuant to Section 212.5.
SEC. 139.Section 660 of the Welfare and Institutions Code is amended to read:660.(a)Except as provided in subdivision (b), if the minor is detained, the clerk of the juvenile court shall cause the notice and copy of the petition to be served on all persons required to receive that notice and copy of the petition pursuant to subdivision (e) of Section 656 and Section 658, either personally or by certified mail with request for return receipt, as soon as possible after filing of the petition and at least five days before the time set for hearing, unless the hearing is set less than five days from the filing of the petition, in which case, the notice and copy of the petition shall be served at least 24 hours before the time set for hearing. Service under this subdivision shall not be made by electronic service.
(b)If the minor is detained, and all persons entitled to notice pursuant to subdivision (e) of Section 656 and Section 658 were present at the detention hearing, the clerk of the juvenile court shall cause the notice and copy of the petition to be served on all persons required to receive the notice and copy of the petition, by personal service, by first-class mail, or by electronic service pursuant to Section 212.5, as soon as possible after the filing of the petition and at least five days before the time set for hearing, unless the hearing is set less than five days from the filing of the petition, in which case the notice and copy of the petition shall be served at least 24 hours before the time set for the hearing. Service under this subdivision may be by electronic service pursuant to Section 212.5 except that electronic service is not authorized if the minor is detained and those persons entitled to notice are not present at the detention hearing.
(c)If the minor is not detained, the clerk of the juvenile court shall cause the notice and copy of the petition to be served on all persons required to receive the notice and copy of the petition, by personal service, by first-class mail, or by electronic service pursuant to Section 212.5 at least 10 days before the time set for hearing. If that person is known to reside outside of the county, the clerk of the juvenile court shall serve the notice and copy of the petition, by first-class mail or by electronic service pursuant to Section 212.5, 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 shall in no way result in arrest or detention. In the instance of failure to appear after notice by first-class mail or by electronic service pursuant to Section 212.5, the court shall direct that the notice and copy of the petition is to be personally served on all persons required to receive the notice and a copy of the petition. However, if the whereabouts of the minor are unknown, personal service of the notice and a copy of the petition is not required and a warrant for the arrest of the minor may be issued pursuant to Section 663. 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 or electronic service. 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)For purposes of this section, service on the minors attorney shall constitute service on the minors parent or legal guardian.
SEC. 140.Section 661 of the Welfare and Institutions Code is amended to read:661.(a)In addition to the notice provided in Sections 658 and 659, the juvenile court may issue a citation directing any parent, guardian, or foster parent of the person concerning whom a petition has been filed to appear at the time and place set for any hearing or financial evaluation under the provisions of this chapter, including a hearing under the provisions of Section 257, and directing any person having custody or control of the minor concerning whom the petition has been filed to bring the minor with him or her.
(b)The notice shall in addition state that a parent, guardian, or foster parent may be required to participate in a counseling or education program with the minor concerning whom the petition has been filed.
(c)If the proceeding is one alleging that the minor comes within the provisions of Section 601, the notice shall in addition contain notice to the parent, guardian, or other person having control or charge of the minor that failure to comply with the compulsory school attendance laws is an infraction, which may be charged and prosecuted before the juvenile court judge sitting as a superior court judge. In those cases, the notice shall also include notice that the parent, guardian, or other person having control or charge of the minor has the right to a hearing on the infraction before a judge different than the judge who has heard or is to hear the proceeding pursuant to Section 601. The notice shall also explain the provisions of Section 170.6 of the Code of Civil Procedure.
(d)Personal service of the citation shall be made at least 24 hours before the time stated therein for the appearance. The citation may also be electronically served pursuant to Section 212.5, but only in addition to service by other forms of service required by law.
SEC. 141.Section 727.4 of the Welfare and Institutions Code is amended to read:727.4.(a)(1)Notice of any hearing pursuant to Section 727, 727.2, or 727.3 shall be served by the probation officer to the minor, the minors parent or guardian, any adult provider of care to the minor including, but not limited to, foster parents, relative caregivers, preadoptive parents, resource family, community care facility, or foster family agency, and to the counsel of record if the counsel of record was not present at the time that the hearing was set by the court, by first-class mail addressed to the last known address of the person to be notified, by personal service on those persons, or by electronic service pursuant to Section 212.5, not earlier than 30 days nor later than 15 days preceding the date of the hearing. The notice shall contain a statement regarding the nature of the status review or permanency planning hearing and any change in the custody or status of the minor being recommended by the probation department. The notice shall also include a statement informing the foster parents, relative caregivers, or preadoptive parents that he or she may attend all hearings or may submit any information he or she deems relevant to the court in writing. The foster parents, relative caregiver, and preadoptive parents are entitled to notice and opportunity to be heard but need not be made parties to the proceedings. Proof of notice shall be filed with the court.
(2)If the court or probation officer knows or has reason to know that the minor is or may be an Indian child, any notice sent under this section shall comply with the requirements of Section 224.2.
(b)At least 10 calendar days before each status review and permanency planning hearing, after the hearing during which the court orders that the care, custody, and control of the minor to be under the supervision of the probation officer for placement pursuant to subdivision (a) of Section 727, the probation officer shall file a social study report with the court, pursuant to the requirements listed in Section 706.5.
(c)The probation department shall inform the minor, the minors parent or guardian, and all counsel of record that a copy of the social study prepared for the hearing will be available 10 days before the hearing and may be obtained from the probation officer.
(d)As used in Article 15 (commencing with Section 625) to Article 18 (commencing with Section 725), inclusive:
(1)Foster care means residential care provided in any of the settings described in Section 11402 or 11402.01.
(2)At risk of entering foster care means that conditions within a minors family may necessitate his or her entry into foster care unless those conditions are resolved.
(3)Preadoptive parent means a licensed foster parent who has been approved for adoption by the State Department of Social Services when it is acting as an adoption agency or by a licensed adoption agency.
(4)Date of entry into foster care means the date that is 60 days after the date on which the minor was removed from his or her home, unless one of the exceptions below applies:
(A)If the minor is detained pending foster care placement, and remains detained for more than 60 days, then the date of entry into foster care means the date the court adjudges the minor a ward and orders the minor placed in foster care under the supervision of the probation officer.
(B)If, before the minor is placed in foster care, the minor is committed to a ranch, camp, school, or other institution pending placement, and remains in that facility for more than 60 days, then the date of entry into foster care is the date the minor is physically placed in foster care.
(C)If at the time the wardship petition was filed, the minor was a dependent of the juvenile court and in out-of-home placement, then the date of entry into foster care is the earlier of the date the juvenile court made a finding of abuse or neglect, or 60 days after the date on which the child was removed from his or her home.
(5)Reasonable efforts means:
(A)Efforts made to prevent or eliminate the need for removing the minor from the minors home.
(B)Efforts to make it possible for the minor to return home, including, but not limited to, case management, counseling, parenting training, mentoring programs, vocational training, educational services, substance abuse treatment, transportation, and therapeutic day services.
(C)Efforts to complete whatever steps are necessary to finalize a permanent plan for the minor.
(D)In child custody proceedings involving an Indian child, reasonable efforts shall also include active efforts as defined in Section 361.7.
(6)Relative means an adult who is related to the minor by blood, adoption, or affinity within the fifth degree of kinship including stepparents, stepsiblings, and all relatives whose status is preceded by the words great, great-great, grand, or the spouse of any of these persons even if the marriage was terminated by death or dissolution. Relative shall also include an extended family member as defined in the federal Indian Child Welfare Act (25 U.S.C. Sec. 1903(2)).
(7)Hearing means a noticed proceeding with findings and orders that are made on a case-by-case basis, heard by either of the following:
(A)A judicial officer, in a courtroom, recorded by a court reporter.
(B)An administrative panel, provided that the hearing is a status review hearing and that the administrative panel meets the following conditions:
(i)The administrative review shall be open to participation by the minor and parents or legal guardians and all those persons entitled to notice under subdivision (a).
(ii)The minor and his or her parents or legal guardians receive proper notice as required in subdivision (a).
(iii)The administrative review panel is composed of persons appointed by the presiding judge of the juvenile court, the membership of which shall include at least one person who is not responsible for the case management of, or delivery of services to, the minor or the parents who are the subjects of the review.
(iv)The findings of the administrative review panel shall be submitted to the juvenile court for the courts approval and shall become part of the official court record.
SEC. 142.Section 728 of the Welfare and Institutions Code is amended to read:728.(a)The juvenile court may terminate or modify a guardianship of the person of a minor previously established under the Probate Code, or appoint a coguardian or successor guardian of the person of the minor, if the minor is the subject of a petition filed under Section 300, 601, or 602. If the probation officer supervising the minor provides information to the court regarding the minors present circumstances and makes a recommendation to the court regarding a motion to terminate or modify a guardianship established in any county under the Probate Code, or to appoint a coguardian or successor guardian, of the person of a minor who is before the juvenile court under a petition filed under Section 300, 601, or 602, the court shall order the appropriate county department, or the district attorney or county counsel, to file the recommended motion. The motion may also be made by the guardian or the minors attorney. The hearing on the motion may be held simultaneously with any regularly scheduled hearing held in proceedings to declare the minor a dependent child or ward of the court, or at any subsequent hearing concerning the dependent child or ward. Notice requirements of Section 294 shall apply to the proceedings in juvenile court under this subdivision.
(b)If the juvenile court decides to terminate or modify a guardianship previously established under the Probate Code pursuant to subdivision (a), the juvenile court shall provide notice of that decision to the court in which the guardianship was originally established. The clerk of the superior court, upon receipt of the notice, shall file the notice with other documents and records of the pending proceeding and deliver by first-class mail or by electronic service pursuant to Section 1215 of the Probate Code a copy of the notice to all parties of record in the superior court.
(c)If, at any time during the period a minor under the age of 18 years is a ward of the juvenile court, the probation officer supervising the minor recommends to the court that the court establish a guardianship of the person of the minor and appoint a specific adult to act as guardian, or on the motion of the minors attorney, or on the order of the court that a guardianship shall be established as the minors permanent plan pursuant to paragraph (4) of subdivision (b) of Section 727.3, the court shall set a hearing to consider the recommendation or motion and shall order the clerk to notice the minors parents and relatives as required in Section 294. If the motion is not made by the minors attorney, the court may appoint the district attorney or county counsel to prosecute the action.
(d)The procedures for appointment of a guardian shall be conducted exclusively pursuant to Section 366.26, except that subdivision (j) of Section 366.26 shall not apply.
(e)Upon the appointment of a guardian pursuant to subdivision (d), the court may continue wardship and conditions of probation, or may terminate the wardship of the minor.
(f)Notwithstanding Section 1601 of the Probate Code, the proceedings to modify or terminate a guardianship granted under this section shall be held in the juvenile court unless the termination is due to the emancipation or adoption of the minor.
(g)The Judicial Council shall develop rules of court and adopt appropriate forms for the findings and orders under this section.
SEC. 143.Section 777 of the Welfare and Institutions Code is amended to read:777.An order changing or modifying a previous order by removing a minor from the physical custody of a parent, guardian, relative, or friend and directing placement in a foster home, or commitment to a private institution or commitment to a county institution, or an order changing or modifying a previous order by directing commitment to the Youth Authority shall be made only after a noticed hearing.
(a)The notice shall be made as follows:
(1)By the probation officer where a minor has been declared a ward of the court or a probationer under Section 601 in the original matter and shall contain a concise statement of facts sufficient to support the conclusion that the minor has violated an order of the court.
(2)By the probation officer or the prosecuting attorney if the minor is a court ward or probationer under Section 602 in the original matter and the notice alleges a violation of a condition of probation not amounting to a crime. The notice shall contain a concise statement of facts sufficient to support this conclusion.
(3)Where the probation officer is the petitioner pursuant to paragraph (2), prior to the attachment of jeopardy at the time of the jurisdictional hearing, the prosecuting attorney may make a motion to dismiss the notice and may request that the matter be referred to the probation officer for whatever action the prosecuting or probation officer may deem appropriate.
(b)Upon the filing of such notice, the clerk of the juvenile court shall immediately set the same for hearing within 30 days, and the probation officer shall cause notice of it to be served upon the persons and in the manner prescribed by Sections 658 and 660. Service under this subdivision may be by electronic service pursuant to Section 212.5.
(c)The facts alleged in the notice shall be established by a preponderance of the evidence at a hearing to change, modify, or set aside a previous order. The court may admit and consider reliable hearsay evidence at the hearing to the same extent that such evidence would be admissible in an adult probation revocation hearing, pursuant to the decision in People v. Brown, 215 Cal.App.3d (1989) and any other relevant provision of law.
(d)An order for the detention of the minor pending adjudication of the alleged violation may be made only after a hearing is conducted pursuant to Article 15 (commencing with Section 625) of this chapter. Service under this subdivision may be by electronic service pursuant to Section 212.5, but only in addition to other forms of service required by law.
SEC. 144.Section 778 of the Welfare and Institutions Code is amended to read:778.(a)(1)Any parent or other person having an interest in a child who is a ward of the juvenile court or the child himself or herself through a properly appointed guardian may, upon grounds of change of circumstance or new evidence, petition the court in the same action in which the child was found to be a ward of the juvenile court for a hearing to change, modify, or set aside any order of court previously made or to terminate the jurisdiction of the court. The petition shall be verified and, if made by a person other than the child, shall state the petitioners relationship to or interest in the child and shall set forth in concise language any change of circumstance or new evidence which are alleged to require such change of order or termination of jurisdiction.
(2)If it appears that the best interests of the child may be promoted by the proposed change of order or termination of jurisdiction, the court shall order that a hearing be held and shall give prior notice, or cause prior notice to be given, to such persons and by such means as prescribed by Sections 776 and 779, by electronic service pursuant to Section 212.5, and, in such instances as the means of giving notice is not prescribed by such sections, then by such means as the court prescribes.
(b)(1)Any person, including a ward, a transition dependent, or a nonminor dependent of the juvenile court, may petition the court to assert a relationship as a sibling related by blood, adoption, or affinity through a common legal or biological parent to a child who is, or is the subject of a petition for adjudication as, a ward of the juvenile court, and may request visitation with the ward, placement with or near the ward, or consideration when determining or implementing a case plan or permanent plan for the ward.
(2)A ward, transition dependent, or nonminor dependent of the juvenile court may petition the court to assert a relationship as a sibling related by blood, adoption, or affinity through a common legal or biological parent to a child who is in the physical custody of a common legal or biological parent, and may request visitation with the nondependent sibling in parental custody.
(3)Pursuant to subdivision (b) of Section 16002, a request for sibling visitation may be granted unless it is determined by the court that sibling visitation is contrary to the safety and well-being of any of the siblings.
(4)The court may appoint a guardian ad litem to file the petition for a ward asserting a sibling relationship pursuant to this subdivision if the court determines that the appointment is necessary for the best interests of the ward. The petition shall be verified and shall set forth the following:
(A)Through which parent he or she is related to the sibling.
(B)Whether he or she is related to the sibling by blood, adoption, or affinity.
(C)The request or order that the petitioner is seeking.
(D)Why that request or order is in the best interest of the ward.
SEC. 145.Section 779 of the Welfare and Institutions Code is amended to read:779.The court committing a ward to the Youth Authority may thereafter change, modify, or set aside the order of commitment. Ten days notice of the hearing of the application therefor shall be served upon the Director of the Youth Authority. In changing, modifying, or setting aside the order of commitment, the court shall give due consideration to the effect thereof upon the discipline and parole system of the Youth Authority or of the correctional school in which the ward may have been placed by the Youth Authority. Except as provided in this section, nothing in this chapter shall be deemed to interfere with the system of parole and discharge now or hereafter established by law, or by rule of the Youth Authority, for the parole and discharge of wards of the juvenile court committed to the Youth Authority, or with the management of any school, institution, or facility under the jurisdiction of the Youth Authority. Except as provided in this section, this chapter does not interfere with the system of transfer between institutions and facilities under the jurisdiction of the Youth Authority. This section does not limit the authority of the court to change, modify, or set aside an order of commitment after a noticed hearing and upon a showing of good cause that the Youth Authority is unable to, or failing to, provide treatment consistent with Section 734.
However, before any inmate of a correctional school may be transferred to a state hospital, he or she shall first be returned to a court of competent jurisdiction and, after hearing, may be committed to a state hospital for the insane in accordance with law.
SEC. 146.Section 785 of the Welfare and Institutions Code is amended to read:785.(a)Where a minor is a ward of the juvenile court, the wardship did not result in the minors commitment to the Youth Authority, and the minor is found not to be a fit and proper subject to be dealt with under the juvenile court law with respect to a subsequent allegation of criminal conduct, any parent or other person having an interest in the minor, or the minor, through a properly appointed guardian, the prosecuting attorney, or probation officer, may petition the court in the same action in which the minor was found to be a ward of the juvenile court for a hearing for an order to terminate or modify the jurisdiction of the juvenile court. The court shall order that a hearing be held and shall give prior notice, or cause prior notice to be given, to those persons and by the means prescribed by Sections 776 and 779, by electronic service pursuant to Section 212.5, or where the means of giving notice is not prescribed by those sections, then by such means as the court prescribes.
(b)The petition shall be verified and shall state why jurisdiction should be terminated or modified in concise language.
(c)In determining whether or not the wardship shall terminate or be modified, the court shall be guided by the policies set forth in Section 202.
(d)In addition to its authority under this chapter, the Judicial Council shall adopt rules providing criteria for the consideration of the juvenile court in determining whether or not to terminate or modify jurisdiction pursuant to this section.
SEC. 147.Section 903.45 of the Welfare and Institutions Code is amended to read:903.45.(a)The board of supervisors may designate a county financial evaluation officer pursuant to Section 27750 of the Government Code to make financial evaluations of liability for reimbursement pursuant to Sections 207.2, 903, 903.1, 903.2, 903.25, 903.3, and 903.5, and other reimbursable costs allowed by law, as set forth in this section.
(b)In a county where a board of supervisors has designated a county financial evaluation officer, the juvenile court shall, at the close of the disposition hearing, order any person liable for the cost of support, pursuant to Section 903, the cost of legal services as provided for in Section 903.1, probation costs as provided for in Section 903.2, or any other reimbursable costs allowed under this code, to appear before the county financial evaluation officer for a financial evaluation of his or her ability to pay those costs. If the responsible person is not present at the disposition hearing, the court shall cite him or her to appear for a financial evaluation. In the case of a parent, guardian, or other person assessed for the costs of transport, food, shelter, or care of a minor under Section 207.2 or 903.25, the juvenile court shall, upon request of the county probation department, order the appearance of the parent, guardian, or other person before the county financial evaluation officer for a financial evaluation of his or her ability to pay the costs assessed.
If the county financial evaluation officer determines that a person so responsible has the ability to pay all or part of the costs, the county financial evaluation officer shall petition the court for an order requiring the person to pay that sum to the county or court, depending on which entity incurred the expense. If the parent or guardian is liable for costs for legal services pursuant to Section 903.1, the parent or guardian has been reunified with the child pursuant to a court order, and the county financial evaluation officer determines that repayment of the costs would harm the ability of the parent or guardian to support the child, then the county financial evaluation officer shall not petition the court for an order of repayment, and the court shall not make that order. In addition, if the parent or guardian is currently receiving reunification services, and the court finds, or the county financial officer determines, that repayment by the parent or guardian will pose a barrier to reunification with the child because it will limit the ability of the parent or guardian to comply with the requirements of the reunification plan or compromise the parents or guardians current or future ability to meet the financial needs of the child, or in any case in which the court finds that the repayment would be unjust under the circumstances of the case, then the county financial evaluation officer shall not petition the court for an order of repayment, and the court shall not order repayment by the parent or guardian. In evaluating a persons ability to pay under this section, the county financial evaluation officer and the court shall take into consideration the familys income, the necessary obligations of the family, and the number of persons dependent upon this income. A person appearing for a financial evaluation has the right to dispute the county financial evaluation officers determination, in which case he or she is entitled to a hearing before the juvenile court. The county financial evaluation officer, at the time of the financial evaluation, shall advise the person of his or her right to a hearing and of his or her rights pursuant to subdivision (c).
At the hearing, a person responsible for costs is entitled to have, but shall not be limited to, the opportunity to be heard in person, to present witnesses and other documentary evidence, to confront and cross-examine adverse witnesses, to disclosure of the evidence against him or her, and to receive a written statement of the findings of the court. The person has the right to be represented by counsel, and, if the person is unable to afford counsel, the right to appointed counsel. If the court determines that the person has the ability to pay all or part of the costs, including the costs of any counsel appointed to represent the person at the hearing, the court shall set the amount to be reimbursed and order him or her to pay that sum to the county or court, depending on which entity incurred the expense, in a manner in which the court believes reasonable and compatible with the persons financial ability.
If the person, after having been ordered to appear before the county financial evaluation officer, has been given proper notice and fails to appear as ordered, the county financial evaluation officer shall recommend to the court that the person be ordered to pay the full amount of the costs. Proper notice to the person shall contain all of the following:
(1)That the person has a right to a statement of the costs as soon as it is available.
(2)The persons procedural rights under Section 27755 of the Government Code.
(3)The time limit within which the persons appearance is required.
(4)A warning that if the person fails to appear before the county financial evaluation officer, the officer will recommend that the court order the person to pay the costs in full.
If the county financial evaluation officer determines that the person has the ability to pay all or a portion of these costs, with or without terms, and the person concurs in this determination and agrees to the terms of payment, the county financial evaluation officer, upon his or her written evaluation and the persons written agreement, shall petition the court for an order requiring the person to pay that sum to the county or the court in a manner that is reasonable and compatible with the persons financial ability. This order may be granted without further notice to the person, provided that a copy of the order is served on the person by mail or by electronic means pursuant to Section 212.5.
However, if the county financial evaluation officer cannot reach an agreement with the person with respect to either the liability for the costs, the amount of the costs, the persons ability to pay the costs, or the terms of payment, the matter shall be deemed in dispute and referred by the county financial evaluation officer back to the court for a hearing.
(c)At any time prior to the satisfaction of a judgment entered pursuant to this section, a person against whom the judgment was entered may petition the rendering court to modify or vacate the judgment on the basis of a change in circumstances relating to his or her ability to pay the judgment.
(d)Execution may be issued on the order in the same manner as on a judgment in a civil action, including any balance remaining unpaid at the termination of the courts jurisdiction over the minor.
SEC. 147.5.Section 903.45 of the Welfare and Institutions Code is amended to read:903.45.(a)The board of supervisors may designate a county financial evaluation officer pursuant to Section 27750 of the Government Code to make financial evaluations of liability for reimbursement pursuant to Sections 903, 903.1, 903.2, 903.25, 903.3, and 903.5, and other reimbursable costs allowed by law, as set forth in this section.
(b)(1)(A)In a county where a board of supervisors has designated a county financial evaluation officer, the juvenile court shall, at the close of the disposition hearing, order any person liable for the cost of support, pursuant to Section 903, the cost of legal services as provided for in Section 903.1, supervision costs as provided for in Section 903.2, or any other reimbursable costs allowed under this code, to appear before the county financial evaluation officer for a financial evaluation of his or her ability to pay those costs. If the responsible person is not present at the disposition hearing, the court shall cite him or her to appear for a financial evaluation. In the case of a parent, guardian, or other person assessed for the costs of transport, food, shelter, or care of a minor under Section 903.25, the juvenile court shall, upon request of the county probation department, order the appearance of the parent, guardian, or other person before the county financial evaluation officer for a financial evaluation of his or her ability to pay the costs assessed.
(B)(i)This paragraph does not apply to costs described in this paragraph for purposes of a minor who is adjudged a ward of the juvenile court, who is placed on probation pursuant to Section 725, who is the subject of a petition that has been filed to adjudge the minor a ward of the juvenile court, or who is the subject of a program of supervision undertaken pursuant to Section 654.
(ii)Notwithstanding clause (i), this paragraph applies to a minor who is designated as a dual status child pursuant to Section 241.1, for purposes of the dependency jurisdiction only and not for purposes of the delinquency jurisdiction.
(2)If the county financial evaluation officer determines that a person so responsible has the ability to pay all or part of the costs, the county financial evaluation officer shall petition the court for an order requiring the person to pay that sum to the county or court, depending on which entity incurred the expense. If the parent or guardian is liable for costs for legal services pursuant to Section 903.1, the parent or guardian has been reunified with the child pursuant to a court order, and the county financial evaluation officer determines that repayment of the costs would harm the ability of the parent or guardian to support the child, then the county financial evaluation officer shall not petition the court for an order of repayment, and the court shall not make that order. In addition, if the parent or guardian is currently receiving reunification services, and the court finds, or the county financial officer determines, that repayment by the parent or guardian will pose a barrier to reunification with the child because it will limit the ability of the parent or guardian to comply with the requirements of the reunification plan or compromise the parents or guardians current or future ability to meet the financial needs of the child, or in any case in which the court finds that the repayment would be unjust under the circumstances of the case, then the county financial evaluation officer shall not petition the court for an order of repayment, and the court shall not order repayment by the parent or guardian. In evaluating a persons ability to pay under this section, the county financial evaluation officer and the court shall take into consideration the familys income, the necessary obligations of the family, and the number of persons dependent upon this income. A person appearing for a financial evaluation has the right to dispute the county financial evaluation officers determination, in which case he or she is entitled to a hearing before the juvenile court. The county financial evaluation officer, at the time of the financial evaluation, shall advise the person of his or her right to a hearing and of his or her rights pursuant to subdivision (c).
(3)At the hearing, a person responsible for costs is entitled to have, but shall not be limited to, the opportunity to be heard in person, to present witnesses and other documentary evidence, to confront and cross-examine adverse witnesses, to disclosure of the evidence against him or her, and to receive a written statement of the findings of the court. The person has the right to be represented by counsel, and, if the person is unable to afford counsel, the right to appointed counsel. If the court determines that the person has the ability to pay all or part of the costs, including the costs of any counsel appointed to represent the person at the hearing, the court shall set the amount to be reimbursed and order him or her to pay that sum to the county or court, depending on which entity incurred the expense, in a manner in which the court believes reasonable and compatible with the persons financial ability.
(4)If the person, after having been ordered to appear before the county financial evaluation officer, has been given proper notice and fails to appear as ordered, the county financial evaluation officer shall recommend to the court that the person be ordered to pay the full amount of the costs. Proper notice to the person shall contain all of the following:
(A)That the person has a right to a statement of the costs as soon as it is available.
(B)The persons procedural rights under Section 27755 of the Government Code.
(C)The time limit within which the persons appearance is required.
(D)A warning that if the person fails to appear before the county financial evaluation officer, the officer will recommend that the court order the person to pay the costs in full.
(5)If the county financial evaluation officer determines that the person has the ability to pay all or a portion of these costs, with or without terms, and the person concurs in this determination and agrees to the terms of payment, the county financial evaluation officer, upon his or her written evaluation and the persons written agreement, shall petition the court for an order requiring the person to pay that sum to the county or the court in a manner that is reasonable and compatible with the persons financial ability. This order may be granted without further notice to the person, provided a copy of the order is served on the person by mail or by electronic means pursuant to Section 212.5.
(6)However, if the county financial evaluation officer cannot reach an agreement with the person with respect to either the liability for the costs, the amount of the costs, the persons ability to pay the costs, or the terms of payment, the matter shall be deemed in dispute and referred by the county financial evaluation officer back to the court for a hearing.
(c)At any time prior to the satisfaction of a judgment entered pursuant to this section, a person against whom the judgment was entered may petition the rendering court to modify or vacate the judgment on the basis of a change in circumstances relating to his or her ability to pay the judgment.
(d)Execution may be issued on the order in the same manner as on a judgment in a civil action, including any balance remaining unpaid at the termination of the courts jurisdiction over the minor.
SEC. 148.Section 5362 of the Welfare and Institutions Code is amended to read:5362.(a)The clerk of the superior court shall notify each conservator, his or her conservatee and the person in charge of the facility in which the person resides, and the conservatees attorney, at least 60 days before the termination of the one-year period. If the conservator is a private party, the clerk of the superior court shall also notify the mental health director and the county officer providing conservatorship investigation pursuant to Section 5355, at least 60 days before the termination of the one-year period. Notification shall be delivered pursuant to Section 1215 of the Probate Code. The notification shall be in substantially the following form:
In the Superior Court of the State of California | |
The people of the State of California | No.____ |
Concerning | Notice of Termination |
of Conservatorship | |
The people of the State of California to : | |
(conservatee, conservatees attorney, conservator, and professional person in charge of the facility in which the conservatee resides, county mental health director, and county officer providing conservatorship investigation.) | |
The one-year conservatorship established for ____ pursuant to
Welfare and Institutions Code Section ____ on ____ will
terminate on ____. If the conservator, ____, wishes to
reestablish conservatorship for another year he or she must petition
the court by ____. Subject to a request for a court hearing by jury
trial the judge may, on his or her own motion, accept or reject the
conservators petition.
If the conservator petitions to reestablish conservatorship the
conservatee, the professional person in charge of the facility in which
he or she resides, the conservatees attorney, and, if the conservator
is a private party, the county mental health director and the county
officer providing conservatorship investigation shall be notified. If
any of them request it, there shall be a court hearing or a jury trial,
whichever is requested, on the issue of whether the conservatee is
still gravely disabled and in need of conservatorship. If the private
conservator does not petition for reappointment, the county officer
providing conservatorship investigation may recommend another
conservator. Such a petition shall be considered a petition for
reappointment
as conservator.
Clerk of the Superior Court by Deputy |
(b)Subject to a request for a court hearing or jury trial, the judge may, on his or her own motion, accept or reject the conservators petition.
If the conservator does not petition to reestablish conservatorship at or before the termination of the one-year period, the court shall issue a decree terminating conservatorship. The decree shall be delivered to the conservator and his or her conservatee pursuant to Section 1215 of the Probate Code and shall be accompanied by a statement of California law as set forth in Section 5368.
SEC. 149.(a)Section 133.5 of this bill incorporates amendments to Section 366.21 of the Welfare and Institutions Code proposed by both this bill and Senate Bill 233. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2018, (2) each bill amends Section 366.21 of the Welfare and Institutions Code, and (3) this bill is enacted after Senate Bill 233, in which case Section 133 of this bill shall not become operative.
(b)Section 134.5 of this bill incorporates amendments to Section 366.26 of the Welfare and Institutions Code proposed by both this bill and Senate Bill 438. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2018, (2) each bill amends Section 366.26 of the Welfare and Institutions Code, and (3) this bill is enacted after Senate Bill 438, in which case Section 134 of this bill shall not become operative.
(c)Section 147.5 of this bill incorporates amendments to Section 903.45 of the Welfare and Institutions Code proposed by both this bill and Senate Bill 190. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2018, (2) each bill amends Section 903.45 of the Welfare and Institutions Code, and (3) this bill is enacted after Senate Bill 190, in which case Section 147 of this bill shall not become operative.
(a)In any contested action or special proceeding other than a small claims action or an action or proceeding in which a prevailing party is not represented by counsel, the party submitting an order or judgment for entry shall prepare and serve, a copy of the notice of entry of judgment to all parties who have appeared in the action or proceeding and shall file with the court the original notice of entry of judgment together with the proof of service. This subdivision does not apply in a proceeding for dissolution of marriage, for nullity of marriage, or for legal separation.
(b)Promptly upon entry of judgment in a contested action or special proceeding in which a prevailing party is not represented by counsel, the clerk of the court shall serve notice of entry of judgment to all parties who have appeared in the action or special proceeding and shall execute a certificate of service and place it in the courts file in the cause.
(c)For purposes of this section, judgment includes any judgment, decree, or signed order from which an appeal lies.
(d)Upon order of the court in any action or special proceeding, the clerk shall serve notice of entry of any judgment or ruling, whether or not appealable.
(e)The Judicial Council shall provide by rule of court that, upon entry of judgment in a contested action or special proceeding in which a state statute or regulation has been declared unconstitutional by the court, the Attorney General is promptly notified of the judgment and that a certificate of that service is placed in the courts file in the cause.
SEC. 2.Section 1010.6 of the Code of Civil Procedure is amended to read:1010.6.(a)A document may be served electronically in an action filed with the court as provided in this section, in accordance with rules adopted pursuant to subdivision (e).
(1)For purposes of this section:
(A)Electronic service means service of a document, on a party or other person, by either electronic transmission or electronic notification. Electronic service may be performed directly by a party or other person, by an agent of a party or other person, including the party or other persons attorney, or through an electronic filing service provider.
(B)Electronic transmission means the transmission of a document by electronic means to the electronic service address at or through which a party or other person has authorized electronic service.
(C)Electronic notification means the notification of the party or other person that a document is served by sending an electronic message to the electronic address at or through which the party or other person has authorized electronic service, specifying the exact name of the document served, and providing a hyperlink at which the served document may be viewed and downloaded.
(2)(A)(i)For cases filed on or before December 31, 2018, if a document may be served by mail, express mail, overnight delivery, or facsimile transmission, electronic service of the document is not authorized unless a party or other person has agreed to accept electronic service in that specific action or the court has ordered electronic service on a represented party or other represented person under subdivision (c) or (d).
(ii)For cases filed on or after January 1, 2019, if a document may be served by mail, express mail, overnight delivery, or facsimile transmission, electronic service of the document is not authorized unless a party or other person has expressly consented to receive electronic service in that specific action or the court has ordered electronic service on a represented party or other represented person under subdivision (c) or (d). Express consent to electronic service may be accomplished either by (I) serving a notice on all the parties and filing the notice with the court, or (II) manifesting affirmative consent through electronic means with the court or the courts electronic filing service provider, and concurrently providing the partys electronic address with that consent for the purpose of receiving electronic service. The act of electronic filing shall not be construed as express consent.
(B)If a document is required to be served by certified or registered mail, electronic service of the document is not authorized.
(3)In any action in which a party or other person has agreed or provided express consent, as applicable, to accept electronic service under paragraph (2), or in which the court has ordered electronic service on a represented party or other represented person under subdivision (c) or (d), the court may electronically serve any document issued by the court that is not required to be personally served in the same manner that parties electronically serve documents. The electronic service of documents by the court shall have the same legal effect as service by mail, except as provided in paragraph (4).
(4)(A)If a document may be served by mail, express mail, overnight delivery, or facsimile transmission, electronic service of that document is deemed complete at the time of the electronic transmission of the document or at the time that the electronic notification of service of the document is sent.
(B)Any period of notice, or any right or duty to do any act or make any response within any period or on a date certain after the service of the document, which time period or date is prescribed by statute or rule of court, shall be extended after service by electronic means by two court days, but the extension shall not apply to extend the time for filing any of the following:
(i)A notice of intention to move for new trial.
(ii)A notice of intention to move to vacate judgment under Section 663a.
(iii)A notice of appeal.
(C)This extension applies in the absence of a specific exception provided by any other statute or rule of court.
(5)Any document that is served electronically between 12:00 a.m. and 11:59:59 p.m. on a court day shall be deemed served on that court day. Any document that is served electronically on a noncourt day shall be deemed served on the next court day.
(6)A party or other person who has provided express consent to accept service electronically may withdraw consent at any time by completing and filing with the court the appropriate Judicial Council form. The Judicial Council shall create the form by January 1, 2019.
(7)Consent, or the withdrawal of consent, to receive electronic service may only be completed by a party or other person entitled to service or that persons attorney.
(8)Confidential or sealed records shall be electronically served through encrypted methods to ensure that the documents are not improperly disclosed.
(b)A trial court may adopt local rules permitting electronic filing of documents, subject to rules adopted pursuant to subdivision (e) and the following conditions:
(1)A document that is filed electronically shall have the same legal effect as an original paper document.
(2)(A)When a document to be filed requires the signature of any person, not under penalty of perjury, the document shall be deemed to have been signed by the person who filed the document electronically.
(B)When a document to be filed requires the signature, under penalty of perjury, of any person, the document shall be deemed to have been signed by that person if filed electronically and if either of the following conditions is satisfied:
(i)The person has signed a printed form of the document before, or on the same day as, the date of filing. The attorney or other person filing the document represents, by the act of filing, that the declarant has complied with this section. The attorney or other person filing the document shall maintain the printed form of the document bearing the original signature until final disposition of the case, as defined in subdivision (c) of Section 68151 of the Government Code, and make it available for review and copying upon the request of the court or any party to the action or proceeding in which it is filed.
(ii)The person has signed the document using a computer or other technology pursuant to the procedure set forth in a rule of court adopted by the Judicial Council by January 1, 2019.
(3)Any document received electronically by the court between 12:00 a.m. and 11:59:59 p.m. on a court day shall be deemed filed on that court day. Any document that is received electronically on a noncourt day shall be deemed filed on the next court day.
(4)The court receiving a document filed electronically shall issue a confirmation that the document has been received and filed. The confirmation shall serve as proof that the document has been filed.
(5)Upon electronic filing of a complaint, petition, or other document that must be served with a summons, a trial court, upon request of the party filing the action, shall issue a summons with the court seal and the case number. The court shall keep the summons in its records and may electronically transmit a copy of the summons to the requesting party. Personal service of a printed form of the electronic summons shall have the same legal effect as personal service of an original summons. If a trial court plans to electronically transmit a summons to the party filing a complaint, the court shall immediately, upon receipt of the complaint, notify the attorney or party that a summons will be electronically transmitted to the electronic address given by the person filing the complaint.
(6)The court shall permit a party or attorney to file an application for waiver of court fees and costs, in lieu of requiring the payment of the filing fee, as part of the process involving the electronic filing of a document. The court shall consider and determine the application in accordance with Article 6 (commencing with Section 68630) of Chapter 2 of Title 8 of the Government Code and shall not require the party or attorney to submit any documentation other than that set forth in Article 6 (commencing with Section 68630) of Chapter 2 of Title 8 of the Government Code. Nothing in this section shall require the court to waive a filing fee that is not otherwise waivable.
(7)A fee, if any, charged by the court, an electronic filing manager, or an electronic filing service provider to process a payment for filing fees and other court fees shall not exceed the costs incurred in processing the payment.
(c)If a trial court adopts rules conforming to subdivision (b), it may provide by order that all parties to an action file and serve documents electronically in a class action, a consolidated action, a group of actions, a coordinated action, or an action that is deemed complex under Judicial Council rules, provided that the trial courts order does not cause undue hardship or significant prejudice to any party in the action.
(d)A trial court may, by local rule, require electronic filing and service in civil actions, subject to the requirements and conditions stated in subdivision (b), the rules adopted by the Judicial Council under subdivision (f), and the following conditions:
(1)The court shall have the ability to maintain the official court record in electronic format for all cases where electronic filing is required.
(2)The court and the parties shall have access to more than one electronic filing service provider capable of electronically filing documents with the court or to electronic filing access directly through the court. The court may charge fees of no more than the actual cost of the electronic filing and service of the documents. Any fees charged by an electronic filing service provider shall be reasonable. The court, an electronic filing manager, or an electronic filing service provider shall waive any fees charged if the court deems a waiver appropriate, including in instances where a party has received a fee waiver.
(3)The court shall have a procedure for the filing of nonelectronic documents in order to prevent the program from causing undue hardship or significant prejudice to any party in an action, including, but not limited to, unrepresented parties. The Judicial Council shall make a form available to allow a party to seek an exemption from mandatory electronic filing and service on the grounds provided in this paragraph.
(4)Unrepresented persons are exempt from mandatory electronic filing and service.
(5)Until January 1, 2019, a local child support agency, as defined in subdivision (h) of Section 17000 of the Family Code, is exempt from a trial courts mandatory electronic filing and service requirements, unless the Department of Child Support Services and the local child support agency determine it has the capacity and functionality to comply with the trial courts mandatory electronic filing and service requirements.
(e)The Judicial Council shall adopt uniform rules for the electronic filing and service of documents in the trial courts of the state, which shall include statewide policies on vendor contracts, privacy, and access to public records, and rules relating to the integrity of electronic service. These rules shall conform to the conditions set forth in this section, as amended from time to time.
(f)The Judicial Council shall adopt uniform rules to permit the mandatory electronic filing and service of documents for specified civil actions in the trial courts of the state, which shall include statewide policies on vendor contracts, privacy, access to public records, unrepresented parties, parties with fee waivers, hardships, reasonable exceptions to electronic filing, and rules relating to the integrity of electronic service. These rules shall conform to the conditions set forth in this section, as amended from time to time.
(g)(1)The Judicial Council shall adopt uniform rules to implement this subdivision as soon as practicable, but no later than June 30, 2019.
(2)Any system for the electronic filing and service of documents, including any information technology applications, Internet Web sites, and Web-based applications, used by an electronic service provider or any other vendor or contractor that provides an electronic filing and service system to a trial court, regardless of the case management system used by the trial court, shall satisfy both of the following requirements:
(A)The system shall be accessible to individuals with disabilities, including parties and attorneys with disabilities, in accordance with Section 508 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794d), as amended, the regulations implementing that act set forth in Part 1194 of Title 36 of the Code of Federal Regulations and Appendices A, C, and D of that part, and the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.).
(B)The system shall comply with the Web Content Accessibility Guidelines 2.0 at a Level AA success criteria.
(3)A vendor or contractor that provides an electronic filing and service system to a trial court shall comply with paragraph (2) as soon as practicable, but no later than June 30, 2019. Commencing on June 27, 2017, the vendor or contractor shall provide an accommodation to an individual with a disability in accordance with subparagraph (D) of paragraph (4).
(4)A trial court that contracts with an entity for the provision of a system for electronic filing and service of documents shall require the entity, in the trial courts contract with the entity, to do all of the following:
(A)Test and verify that the entitys system complies with this subdivision and provide the verification to the Judicial Council no later than June 30, 2019.
(B)Respond to, and resolve, any complaints regarding the accessibility of the system that are brought to the attention of the entity.
(C)Designate a lead individual to whom any complaints concerning accessibility may be addressed and post the individuals name and contact information on the entitys Internet Web site.
(D)Provide to an individual with a disability, upon request, an accommodation to enable the individual to file and serve documents electronically at no additional charge for any time period that the entity is not compliant with paragraph (2) of this subdivision. Exempting an individual with a disability from mandatory electronic filing and service of documents shall not be deemed an accommodation unless the person chooses that as an accommodation. The vendor or contractor shall clearly state in its Internet Web site that an individual with a disability may request an accommodation and the process for submitting a request for an accommodation.
(5)A trial court that provides electronic filing and service of documents directly to the public shall comply with this subdivision to the same extent as a vendor or contractor that provides electronic filing and services to a trial court.
(6)(A)The Judicial Council shall submit four reports to the appropriate committees of the Legislature relating to the trial courts that have implemented a system of electronic filing and service of documents. The first report is due by June 30, 2018; the second report is due by December 31, 2019; the third report is due by December 31, 2021; and the fourth report is due by December 31, 2023.
(B)The Judicial Councils reports shall include all of the following information:
(i)The name of each court that has implemented a system of electronic filing and service of documents.
(ii)A description of the system of electronic filing and service.
(iii)The name of the entity or entities providing the system.
(iv)A statement as to whether the system complies with this subdivision and, if the system is not fully compliant, a description of the actions that have been taken to make the system compliant.
(7)An entity that contracts with a trial court to provide a system for electronic filing and service of documents shall cooperate with the Judicial Council by providing all information, and by permitting all testing, necessary for the Judicial Council to prepare its reports to the Legislature in a complete and timely manner.
SEC. 3.Section 1011 of the Code of Civil Procedure is amended to read:1011.The service may be personal, by delivery to the party or attorney on whom the service is required to be made, or it may be as follows:
(a)If upon an attorney, service may be made at the attorneys office, by leaving the notice or other papers in an envelope or package clearly labeled to identify the attorney being served, with a receptionist or with a person having charge thereof. If there is no person in the office with whom the notice or papers may be left for purposes of this subdivision at the time service is to be effected, service may be made by leaving them between the hours of nine in the morning and five in the afternoon, in a conspicuous place in the office, or, if the attorneys office is not open so as to admit of that service, then service may be made by leaving the notice or papers at the attorneys residence, with some person of not less than 18 years of age, if the attorneys residence is in the same county with his or her office, and, if the attorneys residence is not known or is not in the same county with his or her office, or, being in the same county, it is not open, or a person 18 years of age or older cannot be found at the attorneys residence, then service may be made by putting the notice or papers, enclosed in a sealed envelope, into the post office or a mail box, subpost office, substation, or mail chute or other like facility regularly maintained by the Government of the United States directed to the attorney at his or her office, if known, and otherwise to the attorneys residence, if known. If neither the attorneys office nor residence is known, service may be made by delivering the notice or papers to the address of the attorney or party of record as designated on the court papers, or by delivering the notice or papers to the clerk of the court, for the attorney.
(b)If upon a party, service shall be made in the manner specifically provided in particular cases, or, if no specific provision is made, service may be made by leaving the notice or other paper at the partys residence, between the hours of eight in the morning and six in the evening, with some person of not less than 18 years of age. If, at the time of attempted service between those hours, a person 18 years of age or older cannot be found at the partys residence, the notice or papers may be served by mail. If the partys residence is not known, service may be made by delivering the notice or papers to the clerk of the court, for that party.
(c)If service is made by electronic service, it shall be made pursuant to Section 1010.6 and applicable rules on electric service in the California Rules of Court.
SEC. 4.Section 1013b is added to the Code of Civil Procedure, to read:1013b.(a)Proof of electronic service may be made by any of the following methods:
(1)An affidavit setting forth the exact title of the document served and filed in the cause, showing the name and residence or business address of the person making the service, showing that he or she is a resident of or employed in the county where the filing occurs, and that he or she is over the age of 18 years.
(2)A certificate setting forth the exact title of the document served and filed in the cause, showing the name and business address of the person making the service, and showing that he or she is an active member of the State Bar of California.
(3)An affidavit setting forth the exact title of the document served and filed in the cause, showing (A) the name and residence or business address of the person making the service, (B) that he or she is a resident of, or employed in, the county where the filing occurs, (C) that he or she is over the age of 18 years, (D) that he or she is readily familiar with the business practice for filing electronically, and (E) that the document would be electronically filed that same day in the ordinary course of business following ordinary business practices.
(4)In case of service by the clerk of a court of record, a certificate by that clerk setting forth the exact title of the document served and filed in the cause, showing the name of the clerk and the name of the court of which he or she is the clerk.
(b)Proof of electronic service shall include all of the following:
(1)The electronic service address and the residence or business address of the person making the electronic service.
(2)The date of electronic service.
(3)The name and electronic service address of the person served.
(4)A statement that the document was served electronically.
(c)Proof of electronic service shall be signed as provided in subparagraph (B) of paragraph (2) of subdivision (b) of Section 1010.6.
(d)Proof of electronic service may be in electronic form and may be filed electronically with the court.
SEC. 4.5.Section 1020 of the Code of Civil Procedure is amended to read:1020.(a)Any notice required by law, other than those required to be given to a party to an action or to his attorney, the service of which is not governed by the other sections of this chapter and which is not otherwise specifically provided for by law, may be given by sending the same by registered mail with proper postage prepaid addressed to the addressees last known address with request for return receipt, and the production of a returned receipt purporting to be signed by the addressee shall create a disputable presumption that such notice was received by the person to whom the notice was required to be sent.
(b)Electronic service is not authorized for a notice that requires certified or registered mail.
SEC. 5.Section 690.5 is added to the Penal Code, to read:690.5.(a)Subdivisions (a) and (b) of Section 1010.6 of the Code of Civil Procedure, pertaining to the permissive filing and service of documents, are applicable to criminal actions, except as otherwise provided in Section 959.1 or any other provision of this code.
(b)The Judicial Council shall adopt uniform rules for the electronic filing and service of documents in criminal cases in the trial courts of this state.
SEC. 6.Section 331 of the Probate Code is amended to read:331.(a)This section applies only to a safe deposit box in a financial institution held by the decedent in the decedents sole name, or held by the decedent and others where all are deceased. Nothing in this section affects the rights of a surviving coholder.
(b)A person who has a key to the safe deposit box may, before letters have been issued, obtain access to the safe deposit box only for the purposes specified in this section by providing the financial institution with both of the following:
(1)Proof of the decedents death. Proof shall be provided by a certified copy of the decedents death certificate or by a written statement of death from the coroner, treating physician, or hospital or institution where the decedent died.
(2)Reasonable proof of the identity of the person seeking access. Reasonable proof of identity is provided for the purpose of this paragraph if the requirements of Section 13104 are satisfied.
(c)The financial institution has no duty to inquire into the truth of any statement, declaration, certificate, affidavit, or document offered as proof of the decedents death or proof of identity of the person seeking access.
(d)If the person seeking access has satisfied the requirements of subdivision (b), the financial institution shall do all of the following:
(1)Keep a record of the identity of the person.
(2)Permit the person to open the safe deposit box under the supervision of an officer or employee of the financial institution, and to make an inventory of its contents.
(3)Make a photocopy of all wills and trust instruments removed from the safe deposit box, and keep the photocopy in the safe deposit box until the contents of the box are removed by the personal representative of the estate or other legally authorized person. The financial institution may charge the person given access a reasonable fee for photocopying.
(4)Permit the person given access to remove instructions for the disposition of the decedents remains, and, after a photocopy is made, to remove the wills and trust instruments.
(e)The person given access shall deliver all wills found in the safe deposit box to the clerk of the superior court and deliver a copy pursuant to Section 1215 to the person named in the will as executor or beneficiary as provided in Section 8200.
(f)Except as provided in subdivision (d), the person given access shall not remove any of the contents of the decedents safe deposit box.
SEC. 7.Section 366 of the Probate Code is amended to read:366.Notice of a hearing under this part shall be delivered pursuant to Section 1215 at least 15 days before the hearing to each fiduciary and consultant, and to the following persons:
(a)In the case of a trust, to each known beneficiary, subject to the provisions of Chapter 2 (commencing with Section 15800) of Part 3 of Division 9.
(b)In the case of a decedents estate, as provided in Section 1220, to both of the following:
(1)Each known heir whose interest in the estate would be affected by the proceedings.
(2)Each known devisee whose interest in the estate would be affected by the proceedings.
(c)In the case of a guardianship or conservatorship estate, as provided in Section 1460.
(d)In other cases, to any additional interested persons required by the court to receive notice.
SEC. 8.Section 453 of the Probate Code is amended to read:453.(a)On petition of a person required to appear before the probate referee pursuant to this chapter, the court may make a protective order to protect the person from annoyance, embarrassment, or oppression. The petitioner shall deliver pursuant to Section 1215 notice of the hearing on the petition to the probate referee and to the personal representative, guardian, conservator, or other fiduciary at least 15 days before the date set for the hearing. Any subpoena issued by the probate referee is stayed during the pendency of the petition.
(b)On petition of the probate referee, the court may make an order to show cause why a person who is required, but fails, to appear before the probate referee pursuant to this chapter, should not be compelled to do so. The probate referee shall deliver pursuant to Section 1215 notice of the hearing on the petition to the person at least 15 days before the date set for the hearing.
SEC. 9.Section 711 of the Probate Code is amended to read:711.If a document deposited with an attorney is lost or destroyed, the attorney shall give notice of the loss or destruction to the depositor by one of the following methods:
(a)By delivering pursuant to Section 1215 the notice to the depositors last known address.
(b)By the method most likely to give the depositor actual notice.
SEC. 10.Section 715 of the Probate Code is amended to read:715.An attorney may give written notice to a depositor, and obtain written acknowledgment from the depositor, in the following form:
NOTICE AND ACKNOWLEDGMENT |
To: | (Name of depositor) |
(Address) |
(City, state, and ZIP) |
(Electronic address) |
I have accepted your will or other estate planning document for safekeeping. I must use ordinary care for preservation of the document.
You must keep me advised of any change in your addresses shown above. If you do not and I cannot return this document to you when necessary, I will no longer be required to use ordinary care for preservation of the document, and I may transfer it to another attorney, or I may transfer it to the clerk of the superior court of the county of your last known domicile, and give notice of the transfer to the State Bar of California.
(Signature of attorney) |
(Address of attorney) |
(City, state, and ZIP) |
(Electronic address) |
My addresses shown above are correct. I understand that I must keep you advised of any change in these addresses.
Dated: |
(Signature of depositor) |
(a)An attorney may terminate a deposit under this section if the attorney has delivered notice pursuant to Section 1215 to reclaim the document to the depositors last known address and the depositor has failed to reclaim the document within 90 days after delivery.
(b)Subject to subdivision (f), an attorney may terminate a deposit under this section by transferring the document to another attorney. All documents transferred under this subdivision shall be transferred to the same attorney.
(c)Subject to subdivision (f), if an attorney is deceased, lacks legal capacity, or is no longer an active member of the State Bar, a deposit may be terminated under this section by transferring the document to the clerk of the superior court of the county of the depositors last known domicile. The attorney shall advise the clerk that the document is being transferred pursuant to this section.
(d)An attorney may not accept a fee or compensation from a transferee for transferring a document under this section. An attorney may charge a fee for receiving a document under this section.
(e)Transfer of a document by an attorney under this section is not a waiver or breach of any privilege or confidentiality associated with the document, and is not a violation of the rules of professional conduct. If the document is privileged under Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code, the document remains privileged after the transfer.
(f)If the document is a will and the attorney has actual notice that the depositor has died, the attorney may terminate a deposit only as provided in Section 734.
SEC. 12.Section 733 of the Probate Code is amended to read:733.(a)An attorney transferring one or more documents under Section 732 shall deliver notice pursuant to Section 1215 of the transfer to the State Bar of California. The notice shall contain all of the following information:
(1)The name of the depositor.
(2)The date of the transfer.
(3)The name, address, and State Bar number of the transferring attorney.
(4)Whether any documents are transferred to an attorney, and the name, address, and State Bar number of the attorney to whom the documents are transferred.
(5)Whether any documents are transferred to a superior court clerk.
(b)The State Bar shall record only one notice of transfer for each transferring attorney. The State Bar shall prescribe the form for the notice of transfer. On request by any person, the State Bar shall give that person information in the notice of transfer. At its sole election, the State Bar may give the information orally or in writing.
SEC. 13.Section 1050 of the Probate Code is amended to read:1050.The judgment roll in a proceeding under this code consists of the following papers, where applicable:
(a)In all cases:
(1)The petition, application, report, or account that initiates a particular proceeding.
(2)Any order directing notice of the hearing to be given.
(3)Any notice of the hearing, and any order to show cause made in the proceeding, with the affidavits showing publication, posting, or delivery pursuant to Section 1215 of the notice or order as may be required by law or court order.
(4)Any citation, in case no answer or written opposition is filed by a party entitled, by law or court order, to notice of the proceeding by citation, with the affidavit or proof of service and, if service of the citation is made by publication, the affidavit of publication and the order directing publication.
(5)Any finding of the court or referee in the proceeding.
(6)The order or statement of decision made in the proceeding.
(7)Any letters, as defined in Section 52.
(b)If an answer, demurrer, written opposition, or counter petition is filed in a proceeding:
(1)Pleadings and papers in the nature of pleadings.
(2)Any orders striking out a pleading in whole or in part.
(3)Any order made on demurrer, or relating to a change of parties, in the proceeding.
(4)The verdict of the jury, if any.
(c)If the proceeding is for the probate of a will, the will.
(d)If the proceeding is a contest of a will, for the revocation of the probate of a will, or for a preliminary or final distribution of the estate under a will:
(1)The will.
(2)The order admitting the will to probate.
(e)If the proceeding is for the settlement of the final account of a personal representative or for the final distribution of an estate, the affidavit showing publication of notice to creditors.
SEC. 14.Section 1209 of the Probate Code is amended to read:1209.(a)If notice is required to be given to the State of California, the notice shall be given to the Attorney General.
(b)If notice is required to be given to the Attorney General, the notice shall be delivered pursuant to Section 1215 to the Attorney General at the office of the Attorney General at Sacramento, California.
SEC. 15.Section 1212 of the Probate Code is amended to read:1212.Unless the court dispenses with the notice, if the address of the person to whom a notice or other paper is required to be delivered pursuant to Section 1215 is not known, notice shall be given as the court may require in the manner provided in Section 413.30 of the Code of Civil Procedure.
SEC. 16.Section 1213 of the Probate Code is amended to read:1213.(a)The following persons shall deliver pursuant to Section 1215 a notice, as described in Section 1211, to a surety who has filed a court bond in a proceeding:
(1)A person who files a petition to surcharge.
(2)A person who files an objection to an account.
(3)A person who files a petition to suspend or remove a guardian, conservator, or personal representative.
(4)An attorney who files a motion to withdraw from representation of a guardian, conservator, or personal representative.
(b)Within five days after entry of an order to suspend or remove a guardian, conservator, or personal representative, the person who filed a petition to suspend or remove a guardian or, if the order to suspend or remove a guardian, conservator, or personal representative was issued upon a motion by the court, the court, shall notify pursuant to Section 1215 the surety who has filed a court bond of the order.
(c)The notice required by this section shall be delivered pursuant to Section 1215 to the addressee listed on the surety bond.
(d)Notwithstanding subdivisions (a) and (b), notice is not required to a surety pursuant to this section if the surety bond is for a guardian, conservator, or personal representative who is not the subject of the petition, motion, or order described in this section.
SEC. 17.Section 1214 of the Probate Code is amended to read:1214.If a notice or other paper is required or permitted to be served or delivered pursuant to Section 1215 to a person who is represented by an attorney of record, the notice or other paper shall also be delivered pursuant to Section 1215 to this attorney, unless otherwise specified in a request for special notice.
SEC. 18.Section 1215 of the Probate Code is amended to read:1215.Unless otherwise expressly provided, a notice or other paper that is required or permitted to be delivered to a person shall be delivered pursuant to one of the following methods:
(a)Delivery by mail.
(1)A notice or other paper shall be delivered by mail as follows:
(A)By first-class mail if the persons address is within the United States. First-class mail includes certified, registered, and express mail.
(B)By international mail if the persons address is not within the United States. International mail includes first-class mail international, priority mail international, priority mail express international, and global express guaranteed.
(2)The notice or other paper shall be deposited for collection in the United States mail, in a sealed envelope, with postage paid, addressed to the person to whom it is mailed.
(3)Subject to Section 1212, the notice or other paper shall be addressed to the person at the persons place of business or place of residence.
(4)Delivery by mail is complete when the notice or other paper is deposited in the mail. The period of notice is not extended.
(b)Personal delivery.
(1)A notice or other paper may be delivered personally to that person.
(2)Personal delivery is complete when the notice or other paper is delivered personally to the person who is to receive it.
(c)Electronic delivery.
(1)A notice or other paper shall not be delivered by electronic means unless the person to receive notice has expressly consented on the appropriate Judicial Council form to receive electronic delivery in the proceeding before the court and has provided an electronic address for that express purpose.
(2)Electronic delivery is complete when the notice or other paper is sent. The period of notice is not extended.
(3)Electronic delivery is not permitted for a notice or other paper that requires delivery by certified or registered mail.
SEC. 19.Section 1216 of the Probate Code is repealed.SEC. 20.Section 1217 of the Probate Code is amended to read:1217.If a notice or other paper is required to be served or otherwise given and no other manner of giving the notice or other paper is specified by statute, the notice or other paper shall be delivered pursuant to Section 1215.
SEC. 21.Section 1220 of the Probate Code is amended to read:1220.(a)If notice of hearing is required to be given as provided in this section:
(1)At least 15 days before the time set for the hearing, the petitioner or the person filing the report, account, or other paper shall cause notice of the time and place of the hearing to be delivered pursuant to Section 1215 to the persons required to be given notice.
(2)Unless the statute requiring notice specifies the persons to be given notice, notice shall be delivered pursuant to Section 1215 to all of the following:
(A)The personal representative.
(B)All persons who have requested special notice in the estate proceeding pursuant to Section 1250.
(3)Subject to Section 1212, the notice shall be delivered pursuant to Section 1215 to the person required to be given notice at the persons place of business, place of residence, or electronic address.
(b)Subject to subdivision (c), this section does not excuse compliance with the requirements for notice to a person who has requested special notice pursuant to Chapter 6 (commencing with Section 1250).
(c)The court for good cause may dispense with the notice otherwise required to be given to a person as provided in this section.
SEC. 22.Section 1250 of the Probate Code is amended to read:1250.(a)At any time after the issuance of letters in a proceeding under this code for the administration of a decedents estate, any person interested in the estate, whether as devisee, heir, creditor, beneficiary under a trust, or as otherwise interested, may, in person or by attorney, file with the court clerk a written request for special notice.
(b)The request for special notice shall be so entitled and shall set forth the name of the person and the address to which notices shall be delivered pursuant to Section 1215.
(c)Special notice may be requested of one or more of the following matters:
(1)Petitions filed in the administration proceeding.
(2)Inventories and appraisals of property in the estate, including any supplemental inventories and appraisals.
(3)Objections to an appraisal.
(4)Accounts of a personal representative.
(5)Reports of status of administration.
(d)Special notice may be requested of any matter in subdivision (c) by describing it, or of all the matters in subdivision (c) by referring generally to the matters described in subdivision (c) of Section 1250 of the Probate Code or by using words of similar meaning.
(e)A copy of the request shall be delivered pursuant to Section 1215 to the personal representative or to the attorney for the personal representative. If personally delivered, the request is effective when it is delivered. If mailed or electronically delivered, the request is effective when it is received.
(f)If the original of the request is filed with the court clerk, it shall be accompanied by a written admission or proof of service.
SEC. 23.Section 1252 of the Probate Code is amended to read:1252.(a)Unless the court makes an order dispensing with the notice, if a request has been made pursuant to Section 1250 for special notice of a hearing, the person filing the petition, report, account, or other paper shall give written notice of the filing, together with a copy of the petition, report, account, or other paper, and the time and place set for the hearing, by delivering the documents pursuant to Section 1215 to the person named in the request at the address set forth in the request, at least 15 days before the time set for the hearing.
(b)If a request has been made pursuant to Section 1250 for special notice of the filing of an inventory and appraisal of the estate or of the filing of any other paper that does not require a hearing, the inventory and appraisal or other paper shall be delivered pursuant to Section 1215 not later than 15 days after the inventory and appraisal or other paper is filed with the court.
SEC. 24.Section 1265 of the Probate Code is amended and renumbered to read:1266.Proof of notice, however given, may be made by evidence presented at the hearing.
SEC. 25.Section 1265 is added to the Probate Code, to read:1265.Proof of electronic delivery may be made in the manner prescribed in Section 1013b of the Code of Civil Procedure.
SEC. 26.Section 1460 of the Probate Code is amended to read:1460.(a)Subject to Sections 1202 and 1203, if notice of hearing is required under this division but the applicable provision does not fix the manner of giving notice of hearing, the notice of the time and place of the hearing shall be given at least 15 days before the day of the hearing as provided in this section.
(b)Subject to subdivision (e), the petitioner, who includes, for purposes of this section, a person filing a petition, report, or account, shall cause the notice of hearing to be delivered pursuant to Section 1215, to each of the following persons:
(1)The guardian or conservator.
(2)The ward or the conservatee.
(3)The spouse of the ward or conservatee, if the ward or conservatee has a spouse, or the domestic partner of the conservatee, if the conservatee has a domestic partner.
(4)Any person who has requested special notice of the matter, as provided in Section 2700.
(5)For any hearing on a petition to terminate a guardianship, to accept the resignation of, or to remove the guardian, the persons described in subdivision (c) of Section 1510.
(6)For any hearing on a petition to terminate a conservatorship, to accept the resignation of, or to remove the conservator, the persons described in subdivision (b) of Section 1821.
(c)The clerk of the court shall cause the notice of the hearing to be posted as provided in Section 1230 if the posting is required by subdivision (c) of Section 2543.
(d)Except as provided in subdivision (e), this section does not excuse compliance with the requirements for notice to a person who has requested special notice pursuant to Chapter 10 (commencing with Section 2700) of Part 4.
(e)The court, for good cause, may dispense with the notice otherwise required to be given to a person as provided in this section.
SEC. 27.Section 1461 of the Probate Code is amended to read:1461.(a)As used in this section, director means:
(1)The Director of State Hospitals when the state hospital referred to in subdivision (b) is under the jurisdiction of the State Department of State Hospitals.
(2)The Director of Developmental Services when the state hospital referred to in subdivision (b) is under the jurisdiction of the State Department of Developmental Services.
(b)Notice of the time and place of hearing on the petition, report, or account, and a copy of the petition, report, or account, shall be delivered pursuant to Section 1215 to the director at the directors office in Sacramento or to the electronic address designated by the director for receipt of notice pursuant to this code, at least 15 days before the hearing if both of the following conditions exist:
(1)The ward or conservatee is or has been during the guardianship or conservatorship proceeding a patient in, or on leave from, a state hospital under the jurisdiction of the State Department of State Hospitals or the State Department of Developmental Services.
(2)The petition, report, or account is filed under any one or more of the following provisions: Section 1510, 1820, 1861, 2212, 2403, 2421, 2422, or 2423; Article 7 (commencing with Section 2540) of Chapter 6 of Part 4; Section 2580, 2592, or 2620; Chapter 9.5 (commencing with Section 2670) of Part 4; Section 3080 or 3088; or Chapter 3 (commencing with Section 3100) of Part 6. Notice under this section is not required in the case of an account pursuant to Section 2620 if the total guardianship or conservatorship assets are less than one thousand five hundred dollars ($1,500) and the gross annual income, exclusive of any public assistance income, is less than six thousand dollars ($6,000), and the ward or conservatee is not a patient in, or on leave or on outpatient status from, a state hospital at the time of the filing of the petition.
(c)If the ward or conservatee has been discharged from the state hospital, the director, upon ascertaining the facts, may file with the court a certificate stating that the ward or conservatee is not indebted to the state and waive the giving of further notices under this section. Upon the filing of the certificate of the director, compliance with this section thereafter is not required unless the certificate is revoked by the director and notice of the revocation is filed with the court.
(d)The statute of limitations does not run against any claim of the State Department of State Hospitals or the State Department of Developmental Services against the estate of the ward or conservatee for board, care, maintenance, or transportation with respect to an account that is settled without giving the notice required by this section.
SEC. 28.Section 1461.4 of the Probate Code is amended to read:1461.4.(a)The petitioner shall deliver pursuant to Section 1215 a notice of the hearing and a copy of the petition to the director of the regional center for the developmentally disabled at least 30 days before the day of the hearing on a petition for appointment in any case in which all of the following conditions exist:
(1)The proposed ward or conservatee has developmental disabilities.
(2)The proposed guardian or conservator is not the natural parent of the proposed ward or conservatee.
(3)The proposed guardian or conservator is a provider of board and care, treatment, habilitation, or other services to persons with developmental disabilities or is a spouse or employee of a provider.
(4)The proposed guardian or conservator is not a public entity.
(b)The regional center shall file a written report and recommendation with the court regarding the suitability of the petitioners to meet the needs of the proposed ward or conservatee in any case described in subdivision (a).
SEC. 29.Section 1461.5 of the Probate Code is amended to read:1461.5.Notice of the time and place of hearing on a petition, report, or account, and a notice of the filing of an inventory, together with a copy of the petition, report, inventory, or account, shall be delivered pursuant to Section 1215 to the office of the Veterans Administration having jurisdiction over the area in which the court is located at least 15 days before the hearing, or within 15 days after the inventory is filed, if both of the following conditions exist:
(a)The guardianship or conservatorship estate consists or will consist wholly or in part of any of the following:
(1)Money received from the Veterans Administration.
(2)Revenue or profit from such money or from property acquired wholly or in part from such money.
(3)Property acquired wholly or in part with such money or from such property.
(b)The petition, report, inventory, or account is filed under any one or more of the following provisions: Section 1510, 1601, 1820, 1861, 1874, 2422, or 2423; Article 7 (commencing with Section 2540) of Chapter 6 of Part 4; Section 2570, 2571, 2580, 2592, 2610, 2613, or 2620; Chapter 8 (commencing with Section 2640) of Part 4; Chapter 9.5 (commencing with Section 2670) of Part 4; Section 3080 or 3088; or Chapter 3 (commencing with Section 3100) of Part 6.
SEC. 30.Section 1511 of the Probate Code is amended to read:1511.(a)Except as provided in subdivisions (f) and (g), at least 15 days before the hearing on the petition for the appointment of a guardian, notice of the time and place of the hearing shall be given as provided in subdivisions (b), (c), (d), and (e) of this section. The notice shall be accompanied by a copy of the petition. The court shall not shorten the time for giving the notice of hearing under this section.
(b)Notice shall be served in the manner provided in Section 415.10 or 415.30 of the Code of Civil Procedure, or in any manner authorized by the court, on all of the following persons:
(1)The proposed ward if 12 years of age or older.
(2)Any person having legal custody of the proposed ward, or serving as guardian of the estate of the proposed ward.
(3)The parents of the proposed ward.
(4)Any person nominated as a guardian for the proposed ward under Section 1500 or 1501.
(c)Notice shall be delivered pursuant to Section 1215 to the addresses stated in the petition, or in any manner authorized by the court, to all of the following:
(1)The spouse named in the petition.
(2)The relatives named in the petition, except that if the petition is for the appointment of a guardian of the estate only the court may dispense with the giving of notice to any one or more or all of the relatives.
(3)The person having the care of the proposed ward if other than the person having legal custody of the proposed ward.
(d)If notice is required by Section 1461 or 1542 to be given to the Director of State Hospitals or the Director of Developmental Services or the Director of Social Services, notice shall be delivered pursuant to Section 1215 as required.
(e)If the petition states that the proposed ward is receiving or is entitled to receive benefits from the Veterans Administration, notice shall be delivered pursuant to Section 1215 to the office of the Veterans Administration referred to in Section 1461.5.
(f)Unless the court orders otherwise, notice shall not be given to any of the following:
(1)The parents or other relatives of a proposed ward who has been relinquished to a licensed adoption agency.
(2)The parents of a proposed ward who has been judicially declared free from their custody and control.
(g)Notice need not be given to any person if the court so orders upon a determination of either of the following:
(1)The person cannot with reasonable diligence be given the notice.
(2)The giving of the notice would be contrary to the interest of justice.
(h)Before the appointment of a guardian is made, proof shall be made to the court that each person entitled to notice under this section either:
(1)Has been given notice as required by this section.
(2)Has not been given notice as required by this section because the person cannot with reasonable diligence be given the notice or because the giving of notice to that person would be contrary to the interest of justice.
(i)If notice is required by Section 1460.2 to be given to an Indian custodian or tribe, notice shall be mailed as required.
SEC. 31.Section 1513.2 of the Probate Code is amended to read:1513.2.(a)To the extent resources are available, the court shall implement procedures, as described in this section, to ensure that every guardian annually completes and returns to the court a status report, including the statement described in subdivision (b). A guardian who willfully submits any material information required by the form which he or she knows to be false shall be guilty of a misdemeanor. Not later than one month before the date the status report is required to be returned, the clerk of the court shall deliver a notice pursuant to Section 1215 to the guardian informing the guardian that he or she is required to complete and return the status report to the court. The clerk shall enclose with the letter a blank status report form for the guardian to complete and return. If the status report is not completed and returned as required, or if the court finds, after a status report has been completed and returned, that further information is needed, the court shall attempt to obtain the information required in the report from the guardian or other sources. If the court is unable to obtain this information within 30 days after the date the status report is due, the court shall either order the guardian to make himself or herself available to the investigator for purposes of investigation of the guardianship, or to show cause why the guardian should not be removed.
(b)The Judicial Council shall develop a form for the status report. The form shall include the following statement: A guardian who willfully submits any material information required by this form which he or she knows to be false is guilty of a misdemeanor. The form shall request information the Judicial Council deems necessary to determine the status of the guardianship, including, but not limited to, the following:
(1)The guardians present address and electronic address.
(2)The name and birth date of the child under guardianship.
(3)The name of the school in which the child is enrolled, if any.
(4)If the child is not in the guardians home, the name, relationship, address, electronic address, and telephone number of the person or persons with whom the child resides.
(5)If the child is not in the guardians home, why the child was moved.
(c)The report authorized by this section is confidential and shall only be made available to persons who have been served in the proceedings or their attorneys. The clerk of the court shall implement procedures for the limitation of the report exclusively to persons entitled to its receipt.
SEC. 32.Section 1516 of the Probate Code is amended to read:1516.(a)In each case involving a petition for guardianship of the person, the petitioner shall deliver pursuant to Section 1215 a notice of the hearing and a copy of the petition, at least 15 days before the hearing, to the local agency designated by the board of supervisors to investigate guardianships for the court. The local social services agency providing child protection services shall screen the name of the guardian for prior referrals of neglect or abuse of minors. The results of this screening shall be provided to the court.
(b)This section does not apply to guardianships resulting from a permanency plan for a dependent child pursuant to Section 366.25 of the Welfare and Institutions Code.
SEC. 33.Section 1542 of the Probate Code is amended to read:1542.In each case involving a petition for guardianship of the person, the petitioner shall deliver pursuant to Section 1215 a notice of the hearing and a copy of the petition, at least 15 days before the hearing, to the Director of Social Services at the directors office in Sacramento and to the local agency designated by the board of supervisors to investigate guardianships for the court.
SEC. 34.Section 1822 of the Probate Code is amended to read:1822.(a)At least 15 days before the hearing on the petition for appointment of a conservator, notice of the time and place of the hearing shall be given as provided in this section. The notice shall be accompanied by a copy of the petition. The court shall not shorten the time for giving the notice of hearing under this section.
(b)Notice shall be delivered pursuant to Section 1215 to the following persons:
(1)The spouse, if any, or registered domestic partner, if any, of the proposed conservatee at the address stated in the petition.
(2)The relatives named in the petition at their addresses stated in the petition.
(c)If notice is required by Section 1461 to be given to the Director of State Hospitals or the Director of Developmental Services, notice shall be delivered pursuant to Section 1215 as required.
(d)If the petition states that the proposed conservatee is receiving or is entitled to receive benefits from the Veterans Administration, notice shall be mailed to the Office of the Veterans Administration referred to in Section 1461.5.
(e)If the proposed conservatee is a person with developmental disabilities, at least 30 days before the day of the hearing on the petition, the petitioner shall deliver pursuant to Section 1215 a notice of the hearing and a copy of the petition to the regional center identified in Section 1827.5.
(f)If the petition states that the petitioner and the proposed conservator have no prior relationship with the proposed conservatee and are not nominated by a family member, friend, or other person with a relationship to the proposed conservatee, notice shall be delivered pursuant to Section 1215 to the public guardian of the county in which the petition is filed.
SEC. 35.Section 1826 of the Probate Code is amended to read:1826.(a)Regardless of whether the proposed conservatee attends the hearing, the court investigator shall do all of the following:
(1)Conduct the following interviews:
(A)The proposed conservatee personally.
(B)All petitioners and all proposed conservators who are not petitioners.
(C)The proposed conservatees spouse or registered domestic partner and relatives within the first degree. If the proposed conservatee does not have a spouse, registered domestic partner, or relatives within the first degree, to the greatest extent possible, the proposed conservatees relatives within the second degree.
(D)To the greatest extent practical and taking into account the proposed conservatees wishes, the proposed conservatees relatives within the second degree not required to be interviewed under subparagraph (C), neighbors, and, if known, close friends.
(2)Inform the proposed conservatee of the contents of the citation, of the nature, purpose, and effect of the proceeding, and of the right of the proposed conservatee to oppose the proceeding, to attend the hearing, to have the matter of the establishment of the conservatorship tried by jury, to be represented by legal counsel if the proposed conservatee so chooses, and to have legal counsel appointed by the court if unable to retain legal counsel.
(3)Determine if it appears that the proposed conservatee is unable to attend the hearing and, if able to attend, whether the proposed conservatee is willing to attend the hearing.
(4)Review the allegations of the petition as to why the appointment of the conservator is required and, in making his or her determination, do the following:
(A)Refer to the supplemental information form submitted by the petitioner and consider the facts set forth in the form that address each of the categories specified in paragraphs (1) to (5), inclusive, of subdivision (a) of Section 1821.
(B)Consider, to the extent practicable, whether he or she believes the proposed conservatee suffers from any of the mental function deficits listed in subdivision (a) of Section 811 that significantly impairs the proposed conservatees ability to understand and appreciate the consequences of his or her actions in connection with any of the functions described in subdivision (a) or (b) of Section 1801 and identify the observations that support that belief.
(5)Determine if the proposed conservatee wishes to contest the establishment of the conservatorship.
(6)Determine if the proposed conservatee objects to the proposed conservator or prefers another person to act as conservator.
(7)Determine if the proposed conservatee wishes to be represented by legal counsel and, if so, whether the proposed conservatee has retained legal counsel and, if not, the name of an attorney the proposed conservatee wishes to retain.
(8)(A)Determine if the proposed conservatee is incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and may be disqualified from voting pursuant to Section 2208 of the Elections Code.
(B)The proposed conservatee shall not be disqualified from voting on the basis that he or she does, or would need to do, any of the following to complete an affidavit of voter registration:
(i)Signs the affidavit of voter registration with a mark or a cross pursuant to subdivision (b) of Section 2150 of the Elections Code.
(ii)Signs the affidavit of voter registration by means of a signature stamp pursuant to Section 354.5 of the Elections Code.
(iii)Completes the affidavit of voter registration with the assistance of another person pursuant to subdivision (d) of Section 2150 of the Elections Code.
(iv)Completes the affidavit of voter registration with reasonable accommodations.
(9)If the proposed conservatee has not retained legal counsel, determine if the proposed conservatee desires the court to appoint legal counsel.
(10)Determine if the appointment of legal counsel would be helpful to the resolution of the matter or is necessary to protect the interests of the proposed conservatee in a case where the proposed conservatee does not plan to retain legal counsel and has not requested the appointment of legal counsel by the court.
(11)Report to the court in writing, at least five days before the hearing, concerning all of the foregoing, including the proposed conservatees express communications concerning both of the following:
(A)Representation by legal counsel.
(B)If the proposed conservatee is not willing to attend the hearing, does not wish to contest the establishment of the conservatorship, and does not object to the proposed conservator or prefers that another person act as conservator.
(12)Deliver pursuant to Section 1215, at least five days before the hearing, a copy of the report referred to in paragraph (11) to all of the following:
(A)The attorney, if any, for the petitioner.
(B)The attorney, if any, for the proposed conservatee.
(C)The proposed conservatee.
(D)The spouse, registered domestic partner, and relatives within the first degree of the proposed conservatee who are required to be named in the petition for appointment of the conservator, unless the court determines that the delivery will harm the conservatee.
(E)Any other persons as the court orders.
(b)The court investigator has discretion to release the report required by this section to the public conservator, interested public agencies, and the long-term care ombudsperson.
(c)The report required by this section is confidential and shall be made available only to parties, persons described in paragraph (12) of subdivision (a), persons given notice of the petition who have requested this report or who have appeared in the proceedings, their attorneys, and the court. The court has discretion at any other time to release the report, if it would serve the interests of the conservatee. The clerk of the court shall provide for the limitation of the report exclusively to persons entitled to its receipt.
(d)This section does not apply to a proposed conservatee who has personally executed the petition for conservatorship, or a proposed conservatee who has nominated his or her own conservator, if he or she attends the hearing.
(e)If the court investigator has performed an investigation within the preceding six months and furnished a report thereon to the court, the court may order, upon good cause shown, that another investigation is not necessary or that a more limited investigation may be performed.
(f)An investigation by the court investigator related to a temporary conservatorship also may be a part of the investigation for the general petition for conservatorship, but the court investigator shall make a second visit to the proposed conservatee and the report required by this section shall include the effect of the temporary conservatorship on the proposed conservatee.
(g)The Judicial Council shall, on or before January 1, 2009, adopt rules of court and Judicial Council forms as necessary to implement an expedited procedure to authorize, by court order, a proposed conservatees health care provider to disclose confidential medical information about the proposed conservatee to a court investigator pursuant to federal medical information privacy regulations promulgated under the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191).
(h)A superior court shall not be required to perform any duties imposed pursuant to the amendments to this section enacted by Chapter 493 of the Statutes of 2006 until the Legislature makes an appropriation identified for this purpose.
SEC. 36.Section 1827.5 of the Probate Code is amended to read:1827.5.(a)In the case of any proceeding to establish a limited conservatorship for a person with developmental disabilities, within 30 days after the filing of a petition for limited conservatorship, a proposed limited conservatee, with his or her consent, shall be assessed at a regional center as provided in Chapter 5 (commencing with Section 4620) of Division 4.5 of the Welfare and Institutions Code. The regional center shall submit a written report of its findings and recommendations to the court.
(b)In the case of any proceeding to establish a general conservatorship for a person with developmental disabilities, the regional center, with the consent of the proposed conservatee, may prepare an assessment as provided in Chapter 5 (commencing with Section 4620) of Division 4.5 of the Welfare and Institutions Code. If an assessment is prepared, the regional center shall submit its findings and recommendations to the court.
(c)(1)A report prepared under subdivision (a) or (b) shall include a description of the specific areas, nature, and degree of disability of the proposed conservatee or proposed limited conservatee. The findings and recommendations of the regional center are not binding upon the court.
(2)In a proceeding where the petitioner is a provider of board and care, treatment, habilitation, or other services to persons with developmental disabilities or a spouse or employee of a provider, is not the natural parent of the proposed conservatee or proposed limited conservatee, and is not a public entity, the regional center shall include a recommendation in its report concerning the suitability of the petitioners to meet the needs of the proposed conservatee or proposed limited conservatee.
(d)At least five days before the hearing on the petition, the regional center shall deliver pursuant to Section 1215 a copy of the report described in subdivision (a) to all of the following:
(1)The proposed limited conservatee.
(2)The attorney, if any, for the proposed limited conservatee.
(3)If the petitioner is not the proposed limited conservatee, the attorney for the petitioner or the petitioner if the petitioner does not have an attorney.
(4)Any other persons as the court orders.
(e)The report referred to in subdivisions (a) and (b) shall be confidential and shall be made available only to parties listed in subdivision (d) unless the court, in its discretion, determines that the release of the report would serve the interests of the conservatee who is developmentally disabled. The clerk of the court shall limit disclosure of the report exclusively to persons entitled under this section.
SEC. 37.Section 1830 of the Probate Code is amended to read:1830.(a)The order appointing the conservator shall contain, among other things, the names, addresses, and telephone numbers of:
(1)The conservator.
(2)The conservatees attorney, if any.
(3)The court investigator, if any.
(b)In the case of a limited conservator for a developmentally disabled adult, any order the court issues shall include the findings of the court specified in Section 1828.5. The order shall specify the powers granted to and duties imposed upon the limited conservator, which powers and duties shall not exceed the powers and duties applicable to a conservator under this code. The order shall also specify all of the following:
(1)The properties of the limited conservatee to which the limited conservator is entitled to possession and management, giving a description of the properties that will be sufficient to identify them.
(2)The debts, rentals, wages, or other claims due to the limited conservatee which the limited conservator is entitled to collect, or file suit with respect to, if necessary, and thereafter to possess and manage.
(3)The contractual or other obligations which the limited conservator may incur on behalf of the limited conservatee.
(4)The claims against the limited conservatee which the limited conservator may pay, compromise, or defend, if necessary.
(5)Any other powers, limitations, or duties with respect to the care of the limited conservatee or the management of the property specified in this subdivision by the limited conservator which the court shall specifically and expressly grant.
(c)An information notice of the rights of conservatees shall be attached to the order. The conservator shall deliver pursuant to Section 1215 the order and the attached information notice to the conservatee and the conservatees relatives, as set forth in subdivision (b) of Section 1821, within 30 days of the issuance of the order. By January 1, 2008, the Judicial Council shall develop the notice required by this subdivision.
SEC. 38.Section 1842 of the Probate Code is amended to read:1842.In addition to the persons and entities to whom notice of hearing is required under Section 1822 or 2002, if the proposed conservatee is an absentee, a copy of the petition and notice of the time and place of the hearing shall be delivered pursuant to Section 1215 at least 15 days before the hearing to the secretary concerned or to the head of the United States department or agency concerned, as the case may be. In that case, notice shall also be published pursuant to Section 6061 of the Government Code in a newspaper of general circulation in the county in which the hearing will be held.
SEC. 39.Section 1847 of the Probate Code is amended to read:1847.In addition to the persons and entities to whom notice of hearing is required under Section 1822 or 2002, if the proposed conservatee is a person who is missing and whose whereabouts is unknown:
(a)A copy of the petition for appointment of a conservator and notice of the time and place of the hearing on the petition shall be delivered pursuant to Section 1215 at least 15 days before the hearing to the proposed conservatee at the last known address of the proposed conservatee.
(b)Notice of the time and place of the hearing shall also be published pursuant to Section 6061 of the Government Code in a newspaper of general circulation in the county in which the proposed conservatee was last known to reside if the proposed conservatees last known address is in this state.
(c)Pursuant to Section 1202, the court may require that further or additional notice of the hearing be given.
SEC. 40.Section 1851 of the Probate Code is amended to read:1851.(a)(1)If court review is required pursuant to Section 1850, the court investigator shall, without prior notice to the conservator except as ordered by the court for necessity or to prevent harm to the conservatee, visit the conservatee. The court investigator shall inform the conservatee personally that the conservatee is under a conservatorship and shall give the name of the conservator to the conservatee. The court investigator shall determine all of the following:
(A)If the conservatee wishes to petition the court for termination of the conservatorship.
(B)If the conservatee is still in need of the conservatorship.
(C)If the conservator is acting in the best interests of the conservatee. In determining if the conservator is acting in the best interests of the conservatee, the court investigators evaluation shall include an examination of the conservatees placement, the quality of care, including physical and mental treatment, and the conservatees finances. To the extent practicable, the investigator shall review the accounting with a conservatee who has sufficient capacity. To the greatest extent possible, the court investigator shall interview individuals set forth in paragraph (1) of subdivision (a) of Section 1826, in order to determine if the conservator is acting in the best interests of the conservatee.
(D)(i)If the conservatee is incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process and may be disqualified from voting pursuant to Section 2208 or 2209 of the Elections Code.
(ii)The conservatee shall not be disqualified from voting on the basis that he or she does, or would need to do, any of the following to complete an affidavit of voter registration:
(I)Signs the affidavit of voter registration with a mark or a cross pursuant to subdivision (b) of Section 2150 of the Elections Code.
(II)Signs the affidavit of voter registration by means of a signature stamp pursuant to Section 354.5 of the Elections Code.
(III)Completes the affidavit of voter registration with the assistance of another person pursuant to subdivision (d) of Section 2150 of the Elections Code.
(IV)Completes the affidavit of voter registration with reasonable accommodations.
(2)If the court has made an order under Chapter 4 (commencing with Section 1870), the court investigator shall determine if the present condition of the conservatee is such that the terms of the order should be modified or the order revoked.
(3)Upon request of the court investigator, the conservator shall make available to the court investigator during the investigation for inspection and copying all books and records, including receipts and any expenditures, of the conservatorship.
(b)(1)The findings of the court investigator, including the facts upon which the findings are based, shall be certified in writing to the court not less than 15 days before the date of review. A copy of the report shall be delivered pursuant to Section 1215 to the conservator and to the attorneys of record for the conservator and conservatee at the same time it is certified to the court. A copy of the report, modified as set forth in paragraph (2), also shall be delivered pursuant to Section 1215 to the conservatees spouse or registered domestic partner, the conservatees relatives in the first degree, and, if there are no such relatives, to the next closest relative, unless the court determines that the delivery will harm the conservatee.
(2)Confidential medical information and confidential information from the California Law Enforcement Telecommunications System shall be in a separate attachment to the report and shall not be provided in copies sent to the conservatees spouse or registered domestic partner, the conservatees relatives in the first degree, and, if there are no such relatives, to the next closest relative.
(c)In the case of a limited conservatee, the court investigator shall recommend continuing or terminating the limited conservatorship.
(d)The court investigator may personally visit the conservator and other persons as may be necessary to determine if the conservator is acting in the best interests of the conservatee.
(e)The report required by this section shall be confidential and shall be made available only to parties, persons described in subdivision (b), persons given notice of the petition who have requested the report or who have appeared in the proceeding, their attorneys, and the court. The court shall have discretion at any other time to release the report if it would serve the interests of the conservatee. The clerk of the court shall limit disclosure of the report exclusively to persons entitled to the report under this section.
(f)A superior court is not required to perform any duties imposed pursuant to the amendments to this section enacted by Chapter 493 of the Statutes of 2006 until the Legislature makes an appropriation identified for this purpose.
SEC. 41.Section 2214 of the Probate Code is amended to read:2214.Notice of the hearing shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1. In addition, the petitioner shall deliver pursuant to Section 1215 a notice of the time and place of the hearing and a copy of the petition to all persons required to be listed in the petition at least 15 days before the date set for the hearing.
SEC. 42.Section 2250 of the Probate Code is amended to read:2250.(a)On or after the filing of a petition for appointment of a guardian or conservator, any person entitled to petition for appointment of the guardian or conservator may file a petition for appointment of:
(1)A temporary guardian of the person or estate, or both.
(2)A temporary conservator of the person or estate, or both.
(b)The petition shall state facts that establish good cause for appointment of the temporary guardian or temporary conservator. The court, upon that petition or other showing as it may require, may appoint a temporary guardian of the person or estate, or both, or a temporary conservator of the person or estate, or both, to serve pending the final determination of the court upon the petition for the appointment of the guardian or conservator.
(c)If the petitioner, proposed guardian, or proposed conservator is a professional fiduciary, as described in Section 2340, who is required to be licensed under the Professional Fiduciaries Act (Chapter 6 (commencing with Section 6500) of Division 3 of the Business and Professions Code), the petition for appointment of a temporary guardian or temporary conservator shall include the following:
(1)The petitioners, proposed guardians, or proposed conservators proposed hourly fee schedule or another statement of his or her proposed compensation from the estate of the proposed ward or proposed conservatee for services performed as a guardian or conservator. The petitioners, proposed guardians, or proposed conservators provision of a proposed hourly fee schedule or another statement of his or her proposed compensation, as required by this paragraph, shall not preclude a court from later reducing the petitioners, proposed guardians, or proposed conservators fees or other compensation.
(2)Unless a petition for appointment of a guardian or conservator that contains the statements required by this paragraph is filed together with a petition for appointment of a temporary guardian or temporary conservator, both of the following:
(A)A statement of the petitioners, proposed guardians, or proposed conservators registration or license information.
(B)A statement explaining who engaged the petitioner, proposed guardian, or proposed conservator or how the petitioner, proposed guardian, or proposed conservator was engaged to file the petition for appointment of a temporary guardian or temporary conservator or to agree to accept the appointment as temporary guardian or temporary conservator and what prior relationship the petitioner, proposed guardian, or proposed conservator had with the proposed ward or proposed conservatee or the proposed wards or proposed conservatees family or friends.
(d)If the petition is filed by a party other than the proposed conservatee, the petition shall include a declaration of due diligence showing both of the following:
(1)Either the efforts to find the proposed conservatees relatives named in the petition for appointment of a general conservator or why it was not feasible to contact any of them.
(2)Either the preferences of the proposed conservatee concerning the appointment of a temporary conservator and the appointment of the proposed temporary conservator or why it was not feasible to ascertain those preferences.
(e)Unless the court for good cause otherwise orders, at least five court days before the hearing on the petition, notice of the hearing shall be given as follows:
(1)Notice of the hearing shall be personally delivered to the proposed ward if he or she is 12 years of age or older, to the parent or parents of the proposed ward, and to any person having a valid visitation order with the proposed ward that was effective at the time of the filing of the petition. Notice of the hearing shall not be delivered to the proposed ward if he or she is under 12 years of age. In a proceeding for temporary guardianship of the person, evidence that a custodial parent has died or become incapacitated, and that the petitioner or proposed guardian is the nominee of the custodial parent, may constitute good cause for the court to order that this notice not be delivered.
(2)Notice of the hearing shall be personally delivered to the proposed conservatee, and notice of the hearing shall be delivered pursuant to Section 1215 on the persons required to be named in the petition for appointment of conservator. If the petition states that the petitioner and the proposed conservator have no prior relationship with the proposed conservatee and have not been nominated by a family member, friend, or other person with a relationship to the proposed conservatee, notice of hearing shall be delivered pursuant to Section 1215 on the public guardian of the county in which the petition is filed.
(3)A copy of the petition for temporary appointment shall be delivered pursuant to Section 1215 with the notice of hearing.
(f)If a temporary guardianship is granted ex parte and the hearing on the general guardianship petition is not to be held within 30 days of the granting of the temporary guardianship, the court shall set a hearing within 30 days to reconsider the temporary guardianship. Notice of the hearing for reconsideration of the temporary guardianship shall be provided pursuant to Section 1511, except that the court may for good cause shorten the time for the notice of the hearing.
(g)Visitation orders with the proposed ward granted before the filing of a petition for temporary guardianship shall remain in effect, unless for good cause the court orders otherwise.
(h)(1)If a temporary conservatorship is granted ex parte, and a petition to terminate the temporary conservatorship is filed more than 15 days before the first hearing on the general petition for appointment of conservator, the court shall set a hearing within 15 days of the filing of the petition for termination of the temporary conservatorship to reconsider the temporary conservatorship. Unless the court otherwise orders, notice of the hearing on the petition to terminate the temporary conservatorship shall be given at least 10 days before the hearing.
(2)If a petition to terminate the temporary conservatorship is filed within 15 days before the first hearing on the general petition for appointment of conservator, the court shall set the hearing at the same time that the hearing on the general petition is set. Unless the court otherwise orders, notice of the hearing on the petition to terminate the temporary conservatorship pursuant to this section shall be given at least five court days before the hearing.
(i)If the court suspends powers of the guardian or conservator under Section 2334 or 2654 or under any other provision of this division, the court may appoint a temporary guardian or conservator to exercise those powers until the powers are restored to the guardian or conservator or a new guardian or conservator is appointed.
(j)If for any reason a vacancy occurs in the office of guardian or conservator, the court, on a petition filed under subdivision (a) or on its own motion, may appoint a temporary guardian or conservator to exercise the powers of the guardian or conservator until a new guardian or conservator is appointed.
(k)On or before January 1, 2008, the Judicial Council shall adopt a rule of court that establishes uniform standards for good cause exceptions to the notice required by subdivision (e), limiting those exceptions to only cases when waiver of the notice is essential to protect the proposed conservatee or ward, or the estate of the proposed conservatee or ward, from substantial harm.
(l)A superior court shall not be required to perform any duties imposed pursuant to the amendments to this section enacted by Chapter 493 of the Statutes 2006 until the Legislature makes an appropriation identified for this purpose.
SEC. 43.Section 2352 of the Probate Code is amended to read:2352.(a)The guardian may establish the residence of the ward at any place within this state without the permission of the court. The guardian shall select the least restrictive appropriate residence that is available and necessary to meet the needs of the ward, and that is in the best interests of the ward.
(b)The conservator may establish the residence of the conservatee at any place within this state without the permission of the court. The conservator shall select the least restrictive appropriate residence, as described in Section 2352.5, that is available and necessary to meet the needs of the conservatee, and that is in the best interests of the conservatee.
(c)If permission of the court is first obtained, a guardian or conservator may establish the residence of a ward or conservatee at a place not within this state. Notice of the hearing on the petition to establish the residence of the ward or conservatee out of state, together with a copy of the petition, shall be given in the manner required by subdivision (a) of Section 1460 to all persons entitled to notice under subdivision (b) of Section 1511 or subdivision (b) of Section 1822.
(d)(1)An order under subdivision (c) relating to a ward shall require the guardian either to return the ward to this state, or to cause a guardianship proceeding or its equivalent to be commenced in the place of the new residence, when the ward has resided in the place of new residence for a period of four months or a longer or shorter period specified in the order.
(2)An order under subdivision (c) relating to a conservatee shall require the conservator to do one of the following when the conservatee has resided in the other state for a period of four months or a longer or shorter period specified in the order:
(A)Return the conservatee to this state.
(B)Petition for transfer of the conservatorship to the other state under Article 3 (commencing with Section 2001) of Chapter 8 of Part 3 and corresponding law of the other state.
(C)Cause a conservatorship proceeding or its equivalent to be commenced in the other state.
(e)(1)The guardian or conservator shall file a notice of change of residence with the court within 30 days of the date of the change. The guardian or conservator shall include in the notice of change of residence a declaration stating that the wards or conservatees change of residence is consistent with the standard described in subdivision (b).
(2)The guardian or conservator shall deliver pursuant to Section 1215 a copy of the notice to all persons entitled to notice under subdivision (b) of Section 1511 or subdivision (b) of Section 1822 and shall file proof of delivery of the notice with the court. The court may, for good cause, waive the delivery requirement pursuant to this paragraph in order to prevent harm to the conservatee or ward.
(3)If the guardian or conservator proposes to remove the ward or conservatee from his or her personal residence, except as provided by subdivision (c), the guardian or conservator shall deliver pursuant to Section 1215 a notice of his or her intention to change the residence of the ward or conservatee to all persons entitled to notice under subdivision (b) of Section 1511 and subdivision (b) of Section 1822. In the absence of an emergency, that notice shall be delivered at least 15 days before the proposed removal of the ward or conservatee from his or her personal residence. If the notice is delivered less than 15 days before the proposed removal of the ward or conservatee, the guardian or conservator shall set forth the basis for the emergency in the notice. The guardian or conservator shall file proof of delivery of that notice with the court.
(f)This section does not apply where the court has made an order under Section 2351 pursuant to which the conservatee retains the right to establish his or her own residence.
(g)As used in this section, guardian or conservator includes a proposed guardian or proposed conservator and ward or conservatee includes a proposed ward or proposed conservatee.
(h)This section does not apply to a person with developmental disabilities for whom the Director of Developmental Services or a regional center, established pursuant to Chapter 5 (commencing with Section 4620) of Division 4.5 of the Welfare and Institutions Code, acts as the conservator.
SEC. 44.Section 2357 of the Probate Code is amended to read:2357.(a)As used in this section:
(1)Guardian or conservator includes a temporary guardian of the person or a temporary conservator of the person.
(2)Ward or conservatee includes a person for whom a temporary guardian of the person or temporary conservator of the person has been appointed.
(b)If the ward or conservatee requires medical treatment for an existing or continuing medical condition which is not authorized to be performed upon the ward or conservatee under Section 2252, 2353, 2354, or 2355, and the ward or conservatee is unable to give an informed consent to this medical treatment, the guardian or conservator may petition the court under this section for an order authorizing the medical treatment and authorizing the guardian or conservator to consent on behalf of the ward or conservatee to the medical treatment.
(c)The petition shall state, or set forth by medical affidavit attached thereto, all of the following so far as is known to the petitioner at the time the petition is filed:
(1)The nature of the medical condition of the ward or conservatee which requires treatment.
(2)The recommended course of medical treatment which is considered to be medically appropriate.
(3)The threat to the health of the ward or conservatee if authorization to consent to the recommended course of treatment is delayed or denied by the court.
(4)The predictable or probable outcome of the recommended course of treatment.
(5)The medically available alternatives, if any, to the course of treatment recommended.
(6)The efforts made to obtain an informed consent from the ward or conservatee.
(7)The name and addresses, so far as they are known to the petitioner, of the persons specified in subdivision (c) of Section 1510 in a guardianship proceeding or subdivision (b) of Section 1821 in a conservatorship proceeding.
(d)Upon the filing of the petition, unless an attorney is already appointed the court shall appoint the public defender or private counsel under Section 1471, to consult with and represent the ward or conservatee at the hearing on the petition and, if that appointment is made, Section 1472 applies.
(e)Notice of the petition shall be given as follows:
(1)Not less than 15 days before the hearing, notice of the time and place of the hearing, and a copy of the petition shall be personally served on the ward, if 12 years of age or older, or the conservatee, and on the attorney for the ward or conservatee.
(2)Not less than 15 days before the hearing, notice of the time and place of the hearing, and a copy of the petition shall be delivered pursuant to Section 1215 to the following persons:
(A)The spouse or domestic partner, if any, of the proposed conservatee at the address stated in the petition.
(B)The relatives named in the petition at their addresses stated in the petition.
(f)For good cause, the court may shorten or waive notice of the hearing as provided by this section. In determining the period of notice to be required, the court shall take into account both of the following:
(1)The existing medical facts and circumstances set forth in the petition or in a medical affidavit attached to the petition or in a medical affidavit presented to the court.
(2)The desirability, where the condition of the ward or conservatee permits, of giving adequate notice to all interested persons.
(g)Notwithstanding subdivisions (e) and (f), the matter may be submitted for the determination of the court upon proper and sufficient medical affidavits or declarations if the attorney for the petitioner and the attorney for the ward or conservatee so stipulate and further stipulate that there remains no issue of fact to be determined.
(h)The court may make an order authorizing the recommended course of medical treatment of the ward or conservatee and authorizing the guardian or conservator to consent on behalf of the ward or conservatee to the recommended course of medical treatment for the ward or conservatee if the court determines from the evidence all of the following:
(1)The existing or continuing medical condition of the ward or conservatee requires the recommended course of medical treatment.
(2)If untreated, there is a probability that the condition will become life-endangering or result in a serious threat to the physical or mental health of the ward or conservatee.
(3)The ward or conservatee is unable to give an informed consent to the recommended course of treatment.
(i)Upon petition of the ward or conservatee or other interested person, the court may order that the guardian or conservator obtain or consent to, or obtain and consent to, specified medical treatment to be performed upon the ward or conservatee. Notice of the hearing on the petition under this subdivision shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1.
SEC. 45.Section 2361 of the Probate Code is amended to read:2361.A conservator shall provide notice of a conservatees death by delivering pursuant to Section 1215 a copy of the notice to all persons entitled to notice under Section 1460 and by filing a proof of delivery with the court, unless otherwise ordered by the court.
SEC. 46.Section 2610 of the Probate Code is amended to read:2610.(a)Within 90 days after appointment, or within any further time as the court for reasonable cause upon ex parte petition of the guardian or conservator may allow, the guardian or conservator shall file with the clerk of the court and deliver pursuant to Section 1215 to the conservatee and to the attorneys of record for the ward or conservatee, along with notice of how to file an objection, an inventory and appraisal of the estate, made as of the date of the appointment of the guardian or conservator. A copy of this inventory and appraisal, along with notice of how to file an objection, also shall be delivered to the conservatees spouse or registered domestic partner, the conservatees relatives in the first degree, and, if there are no such relatives, to the next closest relative, unless the court determines that the delivery will result in harm to the conservatee.
(b)The guardian or conservator shall take and subscribe to an oath that the inventory contains a true statement of all of the estate of the ward or conservatee of which the guardian or conservator has possession or knowledge. The oath shall be endorsed upon or annexed to the inventory.
(c)The property described in the inventory shall be appraised in the manner provided for the inventory and appraisal of estates of decedents. The guardian or conservator may appraise the assets that a personal representative could appraise under Section 8901.
(d)If a conservatorship is initiated pursuant to the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code), and no sale of the estate will occur:
(1)The inventory and appraisal required by subdivision (a) shall be filed within 90 days after appointment of the conservator.
(2)The property described in the inventory may be appraised by the conservator and need not be appraised by a probate referee.
(e)By January 1, 2008, the Judicial Council shall develop a form to effectuate the notice required in subdivision (a).
SEC. 47.Section 2611 of the Probate Code is amended to read:2611.If the ward or conservatee is or has been during the guardianship or conservatorship a patient in a state hospital under the jurisdiction of the State Department of State Hospitals or the State Department of Developmental Services, the guardian or conservator shall deliver pursuant to Section 1215 a copy of the inventory and appraisal filed under Section 2610 to the director of the appropriate department at the directors office in Sacramento not later than 15 days after the inventory and appraisal is filed with the court. Compliance with this section is not required if an unrevoked certificate described in subdivision (c) of Section 1461 is on file with the court with respect to the ward or conservatee.
SEC. 48.Section 2612 of the Probate Code is amended to read:2612.If a timely request is made, the clerk of court shall deliver pursuant to Section 1215 a copy of the inventory and appraisal filed under Section 2610 to the county assessor.
SEC. 49.Section 2614 of the Probate Code is amended to read:2614.(a)Within 30 days after the inventory and appraisal is filed, the guardian or conservator or any creditor or other interested person may file written objections to any or all appraisals. The clerk shall set the objections for hearing not less than 15 days after their filing.
(b)Notice of the hearing, together with a copy of the objections, shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1. If the appraisal was made by a probate referee, the person objecting shall also deliver pursuant to Section 1215 notice of the hearing and a copy of the objection to the probate referee at least 15 days before the time set for the hearing.
(c)The court shall determine the objections and may fix the true value of any asset to which objection has been filed. For the purpose of this subdivision, the court may cause an independent appraisal or appraisals to be made by at least one additional appraiser at the expense of the estate or, if the objecting party is not the guardian or conservator and the objection is rejected by the court, the court may assess the cost of any additional appraisal or appraisals against the objecting party.
SEC. 50.Section 2683 of the Probate Code is amended to read:2683.(a)At least 15 days before the hearing on the petition for appointment of a successor conservator, notice of the time and place of the hearing shall be given as provided in this section. The notice shall be accompanied by a copy of the petition.
(b)Notice shall be delivered pursuant to Section 1215 to the persons designated in Section 1460 and to the relatives named in the petition.
(c)If notice is required by Section 1461 to be given to the Director of State Hospitals or the Director of Developmental Services, notice shall be delivered pursuant to Section 1215 as required.
(d)If notice is required by Section 1461.5 to be given to the Veterans Administration, notice shall be delivered pursuant to Section 1215 as required.
SEC. 51.Section 2684 of the Probate Code is amended to read:2684.Unless the petition states that the conservatee will be present at the hearing, the court investigator shall do all of the following:
(a)Interview the conservatee personally.
(b)Inform the conservatee of the nature of the proceeding to appoint a successor conservator, the name of the person proposed as successor conservator, and the conservatees right to appear personally at the hearing, to object to the person proposed as successor conservator, to nominate a person to be appointed as successor conservator, to be represented by legal counsel if the conservatee so chooses, and to have legal counsel appointed by the court if unable to retain legal counsel.
(c)Determine whether the conservatee objects to the person proposed as successor conservator or prefers another person to be appointed.
(d)If the conservatee is not represented by legal counsel, determine whether the conservatee wishes to be represented by legal counsel and, if so, determine the name of an attorney the conservatee wishes to retain or whether the conservatee desires the court to appoint legal counsel.
(e)Determine whether the appointment of legal counsel would be helpful to the resolution of the matter or is necessary to protect the interests of the conservatee in any case where the conservatee does not plan to retain legal counsel and has not requested the appointment of legal counsel by the court.
(f)Report to the court in writing, at least five days before the hearing, concerning all of the foregoing, including the conservatees express communications concerning representation by legal counsel and whether the conservatee objects to the person proposed as successor conservator or prefers that some other person be appointed.
(g)Deliver pursuant to Section 1215, at least five days before the hearing, a copy of the report referred to in subdivision (f) to all of the following:
(1)The attorney, if any, for the petitioner.
(2)The attorney, if any, for the conservatee.
(3)Any other persons as the court orders.
SEC. 52.Section 2700 of the Probate Code is amended to read:2700.(a)At any time after the issuance of letters of guardianship or conservatorship, the ward, if over 14 years of age or the conservatee, the spouse of the ward or the spouse or domestic partner of the conservatee, any relative or creditor of the ward or conservatee, or any other interested person, in person or by attorney, may file with the court clerk a written request for special notice.
(b)The request for special notice shall be so entitled and shall set forth the name of the person and the address to which notices shall be delivered pursuant to Section 1215.
(c)Special notice may be requested of any one or more of the following matters:
(1)Petitions filed in the guardianship or conservatorship proceeding.
(2)Inventories and appraisals of property in the estate, including any supplemental inventories and appraisals.
(3)Accounts of the guardian or conservator.
(4)Proceedings for the final termination of the guardianship or conservatorship proceeding.
(d)Special notice may be requested of:
(1)Any one or more of the matters in subdivision (c) by describing the matter or matters.
(2)All the matters in subdivision (c) by referring generally to the matters described in subdivision (c) of Section 2700 of the Probate Code or by using words of similar meaning.
(e)A copy of the request shall be delivered pursuant to Section 1215 to the guardian or conservator or to the attorney for the guardian or conservator. If personally delivered, the request is effective when it is delivered. If mailed or electronically delivered, the request is effective when it is received.
(f)If the original of the request is filed with the court clerk, it shall be accompanied by a written admission or proof of service.
SEC. 53.Section 2702 of the Probate Code is amended to read:2702.(a)Unless the court makes an order dispensing with the notice, if a request has been made pursuant to this chapter for special notice of a hearing, the person filing the petition, account, or other paper shall give written notice pursuant to Section 1215 of the filing, together with a copy of the petition, account, or other paper, and the time and place set for the hearing, to the person named in the request at the address set forth in the request, at least 15 days before the time set for the hearing.
(b)If a request has been made pursuant to this chapter for special notice of the filing of an inventory and appraisal of the estate or of the filing of any other paper that does not require a hearing, the inventory and appraisal or other paper shall be delivered pursuant to Section 1215 not later than 15 days after the inventory and appraisal or other paper is filed with the court.
SEC. 54.Section 2804 of the Probate Code is amended to read:2804.At least 30 days before the hearing, the petitioner shall deliver pursuant to Section 1215 a notice of the time and place of the hearing and a copy of the petition to each person required to be listed in the petition at the address stated in the petition.
SEC. 55.Section 2808 of the Probate Code is amended to read:2808.(a)If the courts order provides for the transfer of all of the property of the estate to the foreign guardian or conservator, the court, upon settlement of the final account, shall order the guardianship of the estate or the conservatorship of the estate terminated upon the filing with the clerk of the court of a receipt for the property executed by the foreign guardian or conservator.
(b)Unless notice is waived, a copy of the final account of the guardian or conservator and of the petition for discharge, together with a notice of the hearing, shall be delivered pursuant to Section 1215 at least 30 days before the date of the hearing to all persons required to be listed in the petition for transfer, including the foreign guardian or conservator.
SEC. 56.Section 3088 of the Probate Code is amended to read:3088.(a)The court may order the spouse who has the management or control of community property to apply the income or principal, or both, of the community property to the support and maintenance of the conservatee, including care, treatment, and support of a conservatee who is a patient in a state hospital under the jurisdiction of the State Department of State Hospitals or the State Department of Developmental Services, as ordered by the court.
(b)In determining the amount ordered for support and maintenance, the court shall consider the following circumstances of the spouses:
(1)The earning capacity and needs of each spouse.
(2)The obligations and assets, including the separate property, of each spouse.
(3)The duration of the marriage.
(4)The age and health of the spouses.
(5)The standard of living of the spouses.
(6)Any other relevant factors which it considers just and equitable.
(c)At the request of any interested person, the court shall make appropriate findings with respect to the circumstances.
(d)The court may order the spouse who has the management or control of community property to make a specified monthly or other periodic payment to the conservator of the person of the conservatee or to any other person designated in the order. The court may order the spouse required to make the periodic payments to give reasonable security therefor.
(e)(1)The court may order the spouse required to make the periodic payments to assign, to the person designated in the order to receive the payments, that portion of the earnings of the spouse due or to be due in the future as will be sufficient to pay the amount ordered by the court for the support and maintenance of the conservatee. The order operates as an assignment and is binding upon any existing or future employer upon whom a copy of the order is served. The order shall be in the form of an earnings assignment order for support prescribed by the Judicial Council for use in family law proceedings. The employer may deduct the sum of one dollar and fifty cents ($1.50) for each payment made pursuant to the order. Any such assignment made pursuant to court order shall have priority as against any execution or other assignment unless otherwise ordered by the court or unless the other assignment is made pursuant to Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the Family Code. An employer shall not use any assignment authorized by this subdivision as grounds for the dismissal of that employee.
(2)As used in this subdivision, employer includes the United States government and any public entity as defined in Section 811.2 of the Government Code. This subdivision applies to the money and benefits described in Sections 704.110 and 704.113 of the Code of Civil Procedure to the extent that those moneys and benefits are subject to a wage assignment for support under Chapter 4 (commencing with Section 703.010) of Division 2 of Title 9 of Part 2 of the Code of Civil Procedure.
(f)The court retains jurisdiction to modify or to vacate an order made under this section where justice requires, except as to any amount that may have accrued before the date of the filing of the petition to modify or revoke the order. At the request of any interested person, the order of modification or revocation shall include findings of fact and may be made retroactive to the date of the filing of the petition to revoke or modify, or to any date subsequent thereto. At least 15 days before the hearing on the petition to modify or vacate the order, the petitioner shall deliver pursuant to Section 1215 a notice of the time and place of the hearing on the petition, accompanied by a copy of the petition, to the spouse who has the management or control of the community property. Notice shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1 to any other persons entitled to notice of the hearing under that chapter.
(g)In a proceeding for dissolution of the marriage or for legal separation, the court has jurisdiction to modify or vacate an order made under this section to the same extent as it may modify or vacate an order made in the proceeding for dissolution of the marriage or for legal separation.
SEC. 57.Section 3131 of the Probate Code is amended to read:3131.(a)At least 15 days before the hearing on the petition, the petitioner shall cause a notice of the time and place of the hearing and a copy of the petition to be served upon any nonpetitioning spouse not alleged to lack legal capacity for the proposed transaction.
(b)Service under subdivision (a) shall be made in the manner provided in Section 415.10 or 415.30 of the Code of Civil Procedure or in such other manner as may be authorized by the court. If the person to be served is outside this state, service may also be made in the manner provided in Section 415.40 of the Code of Civil Procedure.
(c)At least 15 days before the hearing on the petition, the petitioner shall deliver pursuant to Section 1215 a notice of the time and place of the hearing on the petition to those persons required to be named in the petition at the addresses set forth in the petition.
SEC. 58.Section 3206 of the Probate Code is amended to read:3206.(a)Not less than 15 days before the hearing, notice of the time and place of the hearing and a copy of the petition shall be personally served on the patient, the patients attorney, and the agent under the patients power of attorney for health care, if any.
(b)Not less than 15 days before the hearing, notice of the time and place of the hearing and a copy of the petition shall be delivered pursuant to Section 1215 to the following persons:
(1)The patients spouse, if any, at the address stated in the petition.
(2)The patients relatives named in the petition at their addresses stated in the petition.
(c)For good cause, the court may shorten or waive notice of the hearing as provided by this section. In determining the period of notice to be required, the court shall take into account both of the following:
(1)The existing medical facts and circumstances set forth in the petition or in a medical declaration attached to the petition or in a medical declaration presented to the court.
(2)The desirability, where the condition of the patient permits, of giving adequate notice to all interested persons.
SEC. 59.Section 3602 of the Probate Code is amended to read:3602.(a)If there is no guardianship of the estate of the minor or conservatorship of the estate of the person with a disability, the remaining balance of the money and other property, after payment of all expenses, costs, and fees as approved and allowed by the court under Section 3601, shall be paid, delivered, deposited, or invested as provided in Article 2 (commencing with Section 3610).
(b)Except as provided in subdivisions (c) and (d), if there is a guardianship of the estate of the minor or conservatorship of the estate of the person with a disability, the remaining balance of the money and other property, after payment of all expenses, costs, and fees as approved and allowed by the court under Section 3601, shall be paid or delivered to the guardian or conservator of the estate. Upon application of the guardian or conservator, the court making the order or giving the judgment referred to in Section 3600 or the court in which the guardianship or conservatorship proceeding is pending may, with or without notice, make an order that all or part of the money paid or to be paid to the guardian or conservator under this subdivision be deposited or invested as provided in Section 2456.
(c)Upon ex parte petition of the guardian or conservator or upon petition of any person interested in the guardianship or conservatorship estate, the court making the order or giving the judgment referred to in Section 3600 may for good cause shown order one or more of the following:
(1)That all or part of the remaining balance of money not become a part of the guardianship or conservatorship estate and instead be deposited in an insured account in a financial institution in this state, or in a single-premium deferred annuity, subject to withdrawal only upon authorization of the court.
(2)If there is a guardianship of the estate of the minor, that all or part of the remaining balance of money and other property not become a part of the guardianship estate and instead be transferred to a custodian for the benefit of the minor under the California Uniform Transfers to Minors Act, Part 9 (commencing with Section 3900).
(3)That all or part of the remaining balance of money and other property not become a part of the guardianship estate and, instead, be transferred to the trustee of a trust which is either created by, or approved of, in the order or judgment described in Section 3600. This trust shall be revocable by the minor upon attaining 18 years of age, and shall contain other terms and conditions, including, but not limited to, terms and conditions concerning trustees accounts and trustees bond, as the court determines to be necessary to protect the minors interests.
(d)Upon petition of the guardian, conservator, or any person interested in the guardianship or conservatorship estate, the court making the order or giving the judgment referred to in Section 3600 may order that all or part of the remaining balance of money not become a part of the guardianship or conservatorship estate and instead be paid to a special needs trust established under Section 3604 for the benefit of the minor or person with a disability.
(e)If the petition is by a person other than the guardian or conservator, notice of hearing on a petition under subdivision (c) shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1.
(f)Notice of the time and place of hearing on a petition under subdivision (d), and a copy of the petition, shall be delivered pursuant to Section 1215 to the State Director of Health Care Services, the Director of State Hospitals, and the Director of Developmental Services at the office of each director in Sacramento at least 15 days before the hearing.
SEC. 60.Section 3704 of the Probate Code is amended to read:3704.(a)Notice of the nature of the proceedings and the time and place of the hearing shall be given by the petitioner at least 15 days before the hearing date by all of the following means:
(1)By delivery pursuant to Section 1215, together with a copy of the petition, to all persons comprising the family of the absentee.
(2)By delivery by a method that would be sufficient for service of summons in a civil action, together with a copy of the petition, to the secretary concerned or to the head of the United States department or agency concerned.
(3)By publication pursuant to Section 6061 of the Government Code in a newspaper of general circulation in the county in which the proceedings will be held.
(b)If notice to an officer or agency of this state or of the United States is required under Section 1461 or 1822 upon petition for appointment of a conservator, notice shall be given of the petition under this chapter.
SEC. 61.Section 3801 of the Probate Code is amended to read:3801.(a)The petition shall be made upon 15 days notice, by delivery pursuant to Section 1215, to all of the following persons:
(1)The personal representative or other person in whose possession the property may be.
(2)Persons in this state, known to the petitioner, who are obligated to pay a debt, perform an obligation, or issue a security to the nonresident or the estate of the nonresident.
(b)The petition shall be made upon additional notice, if any, as the court may order.
SEC. 62.Section 3918 of the Probate Code is amended to read:3918.(a)A person nominated under Section 3903 or designated under Section 3909 as custodian may decline to serve by delivering a valid disclaimer under Part 8 (commencing with Section 260) of Division 2 to the person who made the nomination or to the transferor or the transferors legal representative. If the event giving rise to a transfer has not occurred and no substitute custodian able, willing, and eligible to serve was nominated under Section 3903, the person who made the nomination may nominate a substitute custodian under Section 3903; otherwise the transferor or the transferors legal representative shall designate a substitute custodian at the time of the transfer, in either case from among the persons eligible to serve as custodian for that kind of property under subdivision (a) of Section 3909. The custodian so designated has the rights of a successor custodian.
(b)A custodian at any time may designate a trust company or an adult other than a transferor under Section 3904 as successor custodian by executing and dating an instrument of designation before a subscribing witness other than the successor. If the instrument of designation does not contain or is not accompanied by the resignation of the custodian, the designation of the successor does not take effect until the custodian resigns, dies, becomes incapacitated, or is removed. The transferor may designate one or more persons as successor custodians to serve, in the designated order of priority, in case the custodian originally designated or a prior successor custodian is unable, declines, or is ineligible to serve or resigns, dies, becomes incapacitated, or is removed. The designation either (1) shall be made in the same transaction and by the same document by which the transfer is made or (2) shall be made by executing and dating a separate instrument of designation before a subscribing witness other than a successor as a part of the same transaction and contemporaneously with the execution of the document by which the transfer is made. The designation is made by setting forth the successor custodians name, followed in substance by the words: is designated [first, second, etc., where applicable] successor custodian. A successor custodian designated by the transferor may be a trust company or an adult other than a transferor under Section 3904. A successor custodian effectively designated by the transferor has priority over a successor custodian designated by a custodian.
(c)A custodian may resign at any time by delivering written notice to the minor if the minor has attained the age of 14 years and to the successor custodian and by delivering the custodial property to the successor custodian.
(d)If the transferor has not effectively designated a successor custodian, and a custodian is ineligible, dies, or becomes incapacitated without having effectively designated a successor and the minor has attained the age of 14 years, the minor may designate as successor custodian, in the manner prescribed in subdivision (b), an adult member of the minors family, a conservator of the minor, or a trust company. If the minor has not attained the age of 14 years or fails to act within 60 days after the ineligibility, death, or incapacity, the conservator of the minor becomes successor custodian. If the minor has no conservator or the conservator declines to act, the transferor, the legal representative of the transferor or of the custodian, an adult member of the minors family, or any other interested person may petition the court to designate a successor custodian.
(e)A custodian who declines to serve under subdivision (a) or resigns under subdivision (c), or the legal representative of a deceased or incapacitated custodian, as soon as practicable, shall put the custodial property and records in the possession and control of the successor custodian. The successor custodian by action may enforce the obligation to deliver custodial property and records and becomes responsible for each item as received.
(f)A transferor, the legal representative of a transferor, an adult member of the minors family, a guardian of the person of the minor, the conservator of the minor, or the minor if the minor has attained the age of 14 years, may petition the court to remove the custodian for cause and to designate a successor custodian other than a transferor under Section 3904 or to require the custodian to give appropriate bond.
(g)At least 15 days before the hearing on a petition under subdivision (d) or (f), the petitioner shall deliver notice pursuant to Section 1215 to each of the following persons:
(1)The minor.
(2)The parent or parents of the minor.
(3)The transferor.
(h)Upon consideration of the petition under subdivision (d) or (f), the court may grant the relief that the court finds to be in the best interests of the minor.
SEC. 63.Section 8100 of the Probate Code is amended to read:8100.The notice of hearing of a petition for administration of a decedents estate, whether delivered under Article 2 (commencing with Section 8110) or published under Article 3 (commencing with Section 8120), shall state substantially as follows:
NOTICE OF PETITION TO ADMINISTER |
To all heirs, beneficiaries, creditors, and contingent creditors of _________ and persons who may be otherwise interested in the will or estate, or both: A petition has been filed by _________ in the Superior Court of California, County of _________, requesting that _________ be appointed as personal representative to administer the estate of _________ [and for probate of the decedents will, which is available for examination in the court file]. [The petition requests authority to administer the estate under the Independent Administration of Estates Act. This will avoid the need to obtain court approval for many actions taken in connection with the estate. However, before taking certain actions, the personal representative will be required to give notice to interested persons unless they have waived notice or have consented to the proposed action. The petition will be granted unless good cause is shown why it should not be.] |
The petition is set for hearing in Dept. No. |
at(Address) on (Date of hearing)at(Time of hearing) . |
IF YOU OBJECT to the granting of the petition, you should appear at the hearing and state your objections or file written objections with the court before the hearing. Your appearance may be in person or by your attorney.
IF YOU ARE A CREDITOR or a contingent creditor of the deceased, you must file your claim with the court and mail a copy to the personal representative appointed by the court within the later of either (1) four months from the date of first issuance of letters to a general personal representative, as defined in subdivision (b) of Section 58 of the California Probate Code, or (2) 60 days from the date of delivery of the notice to you under Section 9052 of the California Probate Code.
YOU MAY EXAMINE the file kept by the court. If you are interested in the estate, you may request special notice of the filing of an inventory and appraisal of estate assets or of any petition or account as provided in Section 1250 of the California Probate Code.
(Name and address of petitioner or petitioners attorney) |
At least 15 days before the hearing of a petition for administration of a decedents estate, the petitioner shall deliver notice of the hearing pursuant to Section 1215 on all of the following persons:
(a)Each heir of the decedent, so far as known to or reasonably ascertainable by the petitioner.
(b)Each devisee, executor, and alternative executor named in any will being offered for probate, regardless of whether the devise or appointment is purportedly revoked in a subsequent instrument.
SEC. 65.Section 8111 of the Probate Code is amended to read:8111.If the decedents will involves or may involve a testamentary trust of property for charitable purposes other than a charitable trust with a designated trustee resident in this state, or involves or may involve a devise for charitable purposes without an identified devisee, notice of hearing accompanied by a copy of the petition and of the will shall be delivered pursuant to Section 1215 to the Attorney General as provided in Section 1209.
SEC. 66.Section 8200 of the Probate Code is amended to read:8200.(a)Unless a petition for probate of the will is earlier filed, the custodian of a will shall, within 30 days after having knowledge of the death of the testator, do both of the following:
(1)Deliver the will, personally or by registered or certified mail, to the clerk of the superior court of the county in which the estate of the decedent may be administered.
(2)Deliver a copy of the will pursuant to Section 1215 to the person named in the will as executor, if the persons whereabouts is known to the custodian, or if not, to a person named in the will as a beneficiary, if the persons whereabouts is known to the custodian.
(b)A custodian of a will who fails to comply with the requirements of this section shall be liable for all damages sustained by any person injured by the failure.
(c)The clerk shall release a copy of a will delivered under this section for attachment to a petition for probate of the will or otherwise on receipt of payment of the required fee and either a court order for production of the will or a certified copy of a death certificate of the decedent.
(d)The fee for delivering a will to the clerk of the superior court pursuant to paragraph (1) of subdivision (a) shall be as provided in Section 70626 of the Government Code. If an estate is commenced for the decedent named in the will, the fee for any will delivered pursuant to paragraph (1) of subdivision (a) shall be reimbursable from the estate as an expense of administration.
SEC. 67.Section 8203 of the Probate Code is amended to read:8203.If a will has been delivered to the clerk of the superior court in a county in which no proceeding is pending to administer the testators estate, that court may order the will transferred to the clerk of the superior court in a county in which such a proceeding is pending. A petition for the transfer may be presented and heard without notice, but shall not be granted without proof that a copy of the petition has been delivered pursuant to Section 1215 to the petitioner and any persons who have requested special notice in the proceeding in the court to which the will is to be transferred. The petition and order shall include the case number of the proceeding in the court to which transfer is prayed. Certified copies of the petition, any supporting documents, and the order shall be transmitted by the clerk along with the original will, and these copies shall be filed in the proceeding by the clerk of the recipient court.
SEC. 68.Section 8469 of the Probate Code is amended to read:8469.(a)For good cause, the court may allow the priority given by Section 8461 to a conservator or guardian of the estate of the decedent serving in that capacity at the time of death that has not filed a first account, or that is acting as guardian or conservator for another person, or both.
(b)If the petition for appointment as administrator requests the court to allow the priority permitted by subdivision (a), the petitioner shall, in addition to the notice otherwise required by statute, deliver notice of the hearing pursuant to Section 1215 to the public administrator.
SEC. 69.Section 8522 of the Probate Code is amended to read:8522.(a)If a vacancy occurs in the office of a personal representative and there are no other personal representatives, the court shall appoint a successor personal representative.
(b)Appointment of a successor personal representative shall be made on petition and notice shall be delivered to interested persons in the manner provided in Article 2 (commencing with Section 8110) of Chapter 2, and shall be subject to the same priority as for an original appointment of a personal representative. The personal representative of a deceased personal representative is not, as such, entitled to appointment as successor personal representative.
SEC. 70.Section 8803 of the Probate Code is amended to read:8803.On the filing of an inventory and appraisal or a supplemental inventory and appraisal, the personal representative shall, pursuant to Section 1252, deliver a copy to each person who has requested special notice.
SEC. 71.Section 8903 of the Probate Code is amended to read:8903.(a)The court may, for good cause, waive appraisal by a probate referee in the manner provided in this section.
(b)The personal representative may apply for a waiver together with the petition for appointment of the personal representative or together with another petition, or may apply for a waiver in a separate petition filed in the administration proceedings, but the application shall not be made later than the time the personal representative delivers the inventory to the probate referee, if a probate referee has been designated. A copy of the proposed inventory and appraisal and a statement that sets forth the good cause that justifies the waiver shall be attached to the petition.
(c)The hearing on the waiver shall be not sooner than 15 days after the petition is filed. Notice of the hearing on the petition, together with a copy of the petition and a copy of the proposed inventory and appraisal, shall be given as provided in Sections 1215 and 1220 to all of the following persons:
(1)Each person listed in Section 1220.
(2)Each known heir whose interest in the estate would be affected by the waiver.
(3)Each known devisee whose interest in the estate would be affected by the waiver.
(4)The Attorney General, at the office of the Attorney General in Sacramento, if any portion of the estate is to escheat to the state and its interest in the estate would be affected by the waiver.
(5)The probate referee, if a probate referee has been designated.
(d)A probate referee to whom notice is given under this section may oppose the waiver. If the opposition fails and the court determines the opposition was made without substantial justification, the court shall award litigation expenses, including reasonable attorneys fees, against the probate referee. If the opposition succeeds, the court may designate a different probate referee to appraise property in the estate.
(e)If the petition is granted, the inventory and appraisal attached to the petition shall be filed pursuant to Section 8800.
SEC. 72.Section 8906 of the Probate Code is amended to read:8906.(a)At any time before the hearing on the petition for final distribution of the estate, the personal representative or an interested person may file with the court a written objection to the appraisal.
(b)The clerk shall fix a time, not less than 15 days after the filing, for a hearing on the objection.
(c)The person objecting shall give notice of the hearing, together with a copy of the objection, as provided in Section 1220. If the appraisal was made by a probate referee, the person objecting shall also deliver notice of the hearing and a copy of the objection to the probate referee at least 15 days before the date set for the hearing.
(d)The person objecting to the appraisal has the burden of proof.
(e)Upon completion of the hearing, the court may make any orders that appear appropriate. If the court determines the objection was filed without reasonable cause or good faith, the court may order that the fees of the personal representative and attorney and any costs incurred for defending the appraisal be made a charge against the person filing the objection.
SEC. 73.Section 8924 of the Probate Code is amended to read:8924.(a)The court shall remove the designated probate referee in any of the following circumstances:
(1)The personal representative shows cause, including incompetence or undue delay in making the appraisal, that in the opinion of the court warrants removal of the probate referee. The showing shall be made at a hearing on petition of the personal representative. The personal representative shall deliver pursuant to Section 1215 notice of the hearing on the petition to the probate referee at least 15 days before the date set for the hearing.
(2)The personal representative has the right to remove the first probate referee who is designated by the court. Cause need not be shown for removal under this paragraph. The personal representative may exercise the right at any time before the personal representative delivers the inventory to the probate referee. The personal representative shall exercise the right by filing an affidavit or declaration under penalty of perjury with the court and delivering a copy to the probate referee pursuant to Section 1215. Thereupon, the court shall remove the probate referee without any further act or proof.
(3)Any other cause provided by statute.
(b)Upon removal of the probate referee, the court shall designate another probate referee in the manner prescribed in Section 8920.
SEC. 74.Section 9052 of the Probate Code is amended to read:9052.The notice shall be in substantially the following form:
NOTICE OF ADMINISTRATION OF | |
Notice to creditors: Administration of the estate of _________ (deceased) has been commenced by _________ (personal representative) in Estate No. _________ in the Superior Court of California, County of _________. You must file your claim with the court and deliver a copy pursuant to Section 1215 of the California Probate Code to the personal representative within the last to occur of four months after _________ (the date letters were first issued to a general personal representative, as defined in subdivision (b) of Section 58 of the California Probate Code), or 60 days after the date this notice was mailed to you or, in the case of personal delivery, 60 days after the date this notice was delivered to you, or you must petition to file a late claim as provided in Section 9103 of the California Probate Code. Failure to file a claim with the court and serve a copy of the claim on the personal representative will, in most instances, invalidate your claim. A claim form may be obtained from the court clerk. For your protection, you are encouraged to file your claim by certified mail, with return receipt requested. | |
(Date of mailing this notice) | (Name and address of personal |
A claim form adopted by the Judicial Council shall inform the creditor that the claim must be filed with the court and a copy delivered pursuant to Section 1215 to the personal representative. The claim form shall include a proof of delivery of a copy of the claim to the personal representative, which may be completed by the creditor.
SEC. 76.Section 9732 of the Probate Code is amended to read:9732.(a)The court may order that money of the estate in possession of the personal representative be invested in any manner provided by the will if all of the following conditions are satisfied:
(1)The time for filing claims has expired.
(2)All debts, as defined in Section 11401, have been paid or are sufficiently secured by mortgage or otherwise, or there is sufficient cash in the estate aside from the money to be invested to pay all the debts, or the court is otherwise satisfied that all the debts will be paid.
(3)The estate is not in a condition to be finally distributed.
(b)To obtain an order under this section, the personal representative or any interested person shall file a petition showing the general condition of the estate and the types of investments that are proposed to be made.
(c)Notice of the hearing on the petition shall be delivered as provided in Section 1220. In addition, the petitioner shall cause notice of the hearing and a copy of the petition to be delivered pursuant to Section 1215 to all known devisees of property which is proposed to be invested. Where the property proposed to be invested is devised to a trust or trustee, notice of the hearing and a copy of the petition shall be delivered pursuant to Section 1215 to the trustee or, if the trustee has not yet accepted the trust, to the person named in the will as trustee. Delivery pursuant to this subdivision shall be to the persons last known address as provided in Section 1220.
(d)If no objection has been filed by an interested person, the court may make an order authorizing or directing the personal representative to invest such portion of the money of the estate as the court deems advisable in the types of investments proposed in the petition and authorized by the will. If there is no objection by an interested person and no substantial reason why some or all of the investment powers given by the will should not be exercised, the court shall make the order. The order may be for a limited period or until the administration of the estate is completed. Upon petition of the personal representative or any interested person, the order may be renewed, modified, or terminated at any time.
SEC. 77.Section 9762 of the Probate Code is amended to read:9762.(a)After authorization by order of court upon a showing that it would be to the advantage of the estate and in the best interest of the interested persons, the personal representative may continue as a general or a limited partner in any partnership in which the decedent was a general partner at the time of death. In its order, the court may specify any terms and conditions of the personal representatives participation as a partner that the court determines are to the advantage of the estate and in the best interest of the interested persons, but any terms and conditions that are inconsistent with the terms of any written partnership agreement are subject to the written consent of all of the surviving partners.
(b)If there is a written partnership agreement permitting the decedents personal representative to participate as a partner, the personal representative has all the rights, powers, duties, and obligations provided in the written partnership agreement, except as otherwise ordered by the court pursuant to subdivision (a).
(c)If there is not a written partnership agreement, the personal representative has the rights, powers, duties, and obligations that the court specifies in its order pursuant to subdivision (a).
(d)To obtain an order under this section, the personal representative or any interested person shall file a petition showing that the order requested would be to the advantage of the estate and in the best interest of the interested persons. Notice of the hearing on the petition shall be given as provided in Section 1220. In addition, unless the court otherwise orders, the petitioner, not less than 15 days before the hearing, shall cause notice of hearing and a copy of the petition to be delivered pursuant to Section 1215 to each of the surviving general partners at his or her last known address.
SEC. 78.Section 9783 of the Probate Code is amended to read:9783.A person described in Section 9782 may personally deliver or mail a written objection to the disposition or abandonment to the personal representative on or before the date specified in the notice as the date on or after which the property will be disposed of or abandoned. Subject to Section 9788, after receipt of the written objection, the personal representative shall not dispose of or abandon the property without authorization by order of the court obtained under Section 9611.
SEC. 79.Section 9787 of the Probate Code is amended to read:9787.(a)Except as provided in subdivision (b), a person described in Section 9782 who receives notice of the proposed disposition or abandonment as provided in Section 9782, waives the right to have the court later review the disposition or abandonment of the property unless the person does one of the following:
(1)Personally delivers or mails a written objection as provided in Section 9783.
(2)Serves a restraining order obtained under Section 9784 before whichever of the following is the later time:
(A)The date specified in the notice of proposed disposition or abandonment as the date on or after which the property will be disposed of or abandoned.
(B)The date the property has actually been disposed of or abandoned.
(b)Subject to Section 9785, the court may review the disposition or abandonment of the property upon the motion of a person described in subdivision (a) of Section 9782 who establishes that he or she did not actually receive notice of the proposed disposition or abandonment before the time to object expired.
SEC. 80.Section 10585 of the Probate Code is amended to read:10585.(a)The notice of proposed action shall state all of the following:
(1)The name, mailing address, and electronic address of the personal representative.
(2)The name, telephone number, and electronic address of a person who may be contacted for additional information.
(3)The action proposed to be taken, with a reasonably specific description of the action. If the proposed action involves the sale or exchange of real property, or the granting of an option to purchase real property, the notice of proposed action shall state the material terms of the transaction, including, if applicable, the sale price and the amount of, or method of calculating, any commission or compensation paid or to be paid to an agent or broker in connection with the transaction.
(4)The date on or after which the proposed action is to be taken.
(b)The notice of proposed action may be given using the most current Notice of Proposed Action form prescribed by the Judicial Council.
(c)If the most current form prescribed by the Judicial Council is not used to give notice of proposed action, the notice of proposed action shall satisfy all of the following requirements:
(1)The notice of proposed action shall be in substantially the same form as the form prescribed by the Judicial Council.
(2)The notice of proposed action shall contain the statements described in subdivision (a).
(3)The notice of proposed action shall contain a form for objecting to the proposed action in substantially the form set out in the Judicial Council form.
SEC. 81.Section 10586 of the Probate Code is amended to read:10586.The notice of proposed action shall be delivered pursuant to Section 1215 to each person required to be given notice of proposed action not less than 15 days before the date specified in the notice of proposed action on or after which the proposed action is to be taken. If mailed, the notice of proposed action shall be addressed to the person at the persons last known address.
SEC. 82.Section 10587 of the Probate Code is amended to read:10587.(a)Any person entitled to notice of proposed action under Section 10581 may object to the proposed action as provided in this section.
(b)The objection to the proposed action is made by delivering pursuant to Section 1215 a written objection to the proposed action to the personal representative at the address stated in the notice of proposed action. The person objecting to the proposed action either may use the Judicial Council form or may make the objection in any other writing that identifies the proposed action with reasonable certainty and indicates that the person objects to the taking of the proposed action.
(c)The personal representative is deemed to have notice of the objection to the proposed action if it is delivered or received at the address stated in the notice of proposed action before whichever of the following times is the later:
(1)The date specified in the notice of proposed action on or after which the proposed action is to be taken.
(2)The date the proposed action is actually taken.
SEC. 83.Section 11601 of the Probate Code is amended to read:11601.Notice of the hearing on the petition shall be given as provided in Section 1220 to all of the following persons:
(a)Each person listed in Section 1220.
(b)Each known heir whose interest in the estate would be affected by the petition.
(c)Each known devisee whose interest in the estate would be affected by the petition.
(d)The Attorney General, at the office of the Attorney General in Sacramento, if any portion of the estate is to escheat to the state and its interest in the estate would be affected by the petition.
(e)The Controller, if property is to be distributed to the state because there is no known beneficiary or if property is to be distributed to a beneficiary whose whereabouts is unknown. A copy of the latest account filed with the court shall be delivered to the Controller with the notice.
SEC. 84.Section 13200 of the Probate Code is amended to read:13200.(a)No sooner than six months from the death of a decedent, a person or persons claiming as successor of the decedent to a particular item of property that is real property may file in the superior court in the county in which the decedent was domiciled at the time of death, or if the decedent was not domiciled in this state at the time of death, then in any county in which real property of the decedent is located, an affidavit in the form prescribed by the Judicial Council pursuant to Section 1001 stating all of the following:
(1)The name of the decedent.
(2)The date and place of the decedents death.
(3)A legal description of the real property and the interest of the decedent therein.
(4)The name and address of each person serving as guardian or conservator of the estate of the decedent at the time of the decedents death, so far as known to the affiant.
(5)The gross value of all real property in the decedents estate located in California, as shown by the inventory and appraisal attached to this affidavit, excluding the real property described in Section 13050 of the California Probate Code, does not exceed fifty thousand dollars ($50,000).
(6)At least six months have elapsed since the death of the decedent as shown in a certified copy of decedents death certificate attached to this affidavit.
(7)Either of the following, as appropriate:
(A)No proceeding is now being or has been conducted in California for administration of the decedents estate.
(B)The decedents personal representative has consented in writing to use of the procedure provided by this chapter.
(8)Funeral expenses, expenses of last illness, and all unsecured debts of the decedent have been paid.
(9)The affiant is the successor of the decedent (as defined in Section 13006 of the Probate Code) and to the decedents interest in the described property, and no other person has a superior right to the interest of the decedent in the described property.
(10)The affiant declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
(b)For each person executing the affidavit, the affidavit shall contain a notary publics certificate of acknowledgment identifying the person.
(c)There shall be attached to the affidavit an inventory and appraisal of the decedents real property in this state, excluding the real property described in Section 13050. The inventory and appraisal of the real property shall be made as provided in Part 3 (commencing with Section 8800) of Division 7. The appraisal shall be made by a probate referee selected by the affiant from those probate referees appointed by the Controller under Section 400 to appraise property in the county where the real property is located.
(d)If the affiant claims under the decedents will and no estate proceeding is pending or has been conducted in California, a copy of the will shall be attached to the affidavit.
(e)A certified copy of the decedents death certificate shall be attached to the affidavit. If the decedents personal representative has consented to the use of the procedure provided by this chapter, a copy of the consent and of the personal representatives letters shall be attached to the affidavit.
(f)The affiant shall deliver pursuant to Section 1215 a copy of the affidavit and attachments to any person identified in paragraph (4) of subdivision (a).
SEC. 85.Section 13655 of the Probate Code is amended to read:13655.(a)If proceedings for the administration of the estate of the deceased spouse are pending at the time a petition is filed under this chapter, or if the proceedings are not pending and if the petition filed under this chapter is not filed with a petition for probate of the deceased spouses will or for administration of the estate of the deceased spouse, notice of the hearing on the petition filed under this chapter shall be given as provided in Section 1220 to all of the following persons:
(1)Each person listed in Section 1220 and each person named as executor in any will of the deceased spouse.
(2)All devisees and known heirs of the deceased spouse and, if the petitioner is the trustee of a trust that is a devisee under the will of the decedent, all persons interested in the trust, as determined in cases of future interests pursuant to paragraph (1), (2), or (3) of subdivision (a) of Section 15804.
(b)The notice specified in subdivision (a) shall also be delivered as provided in subdivision (a) to the Attorney General, addressed to the office of the Attorney General at Sacramento, if the petitioner bases the allegation that all or part of the estate of the deceased spouse is property passing to the surviving spouse upon the will of the deceased spouse and the will involves or may involve either of the following:
(1)A testamentary trust of property for charitable purposes other than a charitable trust with a designated trustee, resident in this state.
(2)A devise for a charitable purpose without an identified devisee or beneficiary.
SEC. 86.Section 15686 of the Probate Code is amended to read:15686.(a)As used in this section, trustees fee includes, but is not limited to, the trustees periodic base fee, rate of percentage compensation, minimum fee, hourly rate, and transaction charge, but does not include fees for extraordinary services.
(b)A trustee shall not charge an increased trustees fee for administration of a particular trust unless the trustee first gives at least 60 days written notice of that increased fee to all of the following persons:
(1)Each beneficiary who is entitled to an account under Section 16062.
(2)Each beneficiary who was given the last preceding account.
(3)Each beneficiary who has made a written request to the trustee for notice of an increased trustees fee and has given an address for receiving notice.
(c)If a beneficiary files a petition under Section 17200 for review of the increased trustees fee or for removal of the trustee and serves a copy of the petition on the trustee before the expiration of the 60-day period, the increased trustees fee does not take effect as to that trust until otherwise ordered by the court or the petition is dismissed.
SEC. 87.Section 16061.7 of the Probate Code is amended to read:16061.7.(a)A trustee shall serve a notification by the trustee as described in this section in the following events:
(1)When a revocable trust or any portion thereof becomes irrevocable because of the death of one or more of the settlors of the trust, or because, by the express terms of the trust, the trust becomes irrevocable within one year of the death of a settlor because of a contingency related to the death of one or more of the settlors of the trust.
(2)Whenever there is a change of trustee of an irrevocable trust.
(3)Whenever a power of appointment retained by a settlor is effective or lapses upon death of the settlor with respect to an inter vivos trust which was, or was purported to be, irrevocable upon its creation. This paragraph shall not apply to a charitable remainder trust. For purposes of this paragraph, charitable remainder trust means a charitable remainder annuity trust or charitable remainder unitrust as defined in Section 664(d) of the Internal Revenue Code.
(4)The duty to serve the notification by the trustee pursuant to this subdivision is the duty of the continuing or successor trustee, and any one cotrustee may serve the notification.
(b)The notification by the trustee required by subdivision (a) shall be served on each of the following:
(1)Each beneficiary of the irrevocable trust or irrevocable portion of the trust, subject to the limitations of Section 15804.
(2)Each heir of the deceased settlor, if the event that requires notification is the death of a settlor or irrevocability within one year of the death of the settlor of the trust by the express terms of the trust because of a contingency related to the death of a settlor.
(3)If the trust is a charitable trust subject to the supervision of the Attorney General, to the Attorney General.
(c)A trustee shall, for purposes of this section, rely upon any final judicial determination of heirship, known to the trustee, but the trustee shall have discretion to make a good faith determination by any reasonable means of the heirs of a deceased settlor in the absence of a final judicial determination of heirship known to the trustee.
(d)The trustee need not provide a copy of the notification by trustee to any beneficiary or heir (1) known to the trustee but who cannot be located by the trustee after reasonable diligence or (2) unknown to the trustee.
(e)The notification by trustee shall be served by any of the methods described in Section 1215 to the last known address.
(f)The notification by trustee shall be served not later than 60 days following the occurrence of the event requiring service of the notification by trustee, or 60 days after the trustee became aware of the existence of a person entitled to receive notification by trustee, if that person was not known to the trustee on the occurrence of the event requiring service of the notification. If there is a vacancy in the office of the trustee on the date of the occurrence of the event requiring service of the notification by trustee, or if that event causes a vacancy, then the 60-day period for service of the notification by trustee commences on the date the new trustee commences to serve as trustee.
(g)The notification by trustee shall contain the following information:
(1)The identity of the settlor or settlors of the trust and the date of execution of the trust instrument.
(2)The name, address, and telephone number of each trustee of the trust.
(3)The address of the physical location where the principal place of administration of the trust is located, pursuant to Section 17002.
(4)Any additional information that may be expressly required by the terms of the trust instrument.
(5)A notification that the recipient is entitled, upon reasonable request to the trustee, to receive from the trustee a true and complete copy of the terms of the trust.
(h)If the notification by the trustee is served because a revocable trust or any portion of it has become irrevocable because of the death of one or more settlors of the trust, or because, by the express terms of the trust, the trust becomes irrevocable within one year of the death of a settlor because of a contingency related to the death of one or more of the settlors of the trust, the notification by the trustee shall also include a warning, set out in a separate paragraph in not less than 10-point boldface type, or a reasonable equivalent thereof, that states as follows:
You may not bring an action to contest the trust more than 120 days from the date this notification by the trustee is served upon you or 60 days from the date on which a copy of the terms of the trust is delivered to you during that 120-day period, whichever is later.
(i)Any waiver by a settlor of the requirement of serving the notification by trustee required by this section is against public policy and shall be void.
(j)A trustee may serve a notification by trustee in the form required by this section on any person in addition to those on whom the notification by trustee is required to be served. A trustee is not liable to any person for serving or for not serving the notice on any person in addition to those on whom the notice is required to be served. A trustee is not required to serve a notification by trustee if the event that otherwise requires service of the notification by trustee occurs before January 1, 1998.
SEC. 88.Section 16061.8 of the Probate Code is amended to read:16061.8.No person upon whom the notification by the trustee is served pursuant to this chapter, whether the notice is served on him or her within or after the time period set forth in subdivision (f) of Section 16061.7, may bring an action to contest the trust more than 120 days from the date the notification by the trustee is served upon him or her, or 60 days from the date on which a copy of the terms of the trust is delivered pursuant to Section 1215 to him or her during that 120-day period, whichever is later.
SEC. 89.Section 16061.9 of the Probate Code is amended to read:16061.9.(a)A trustee who fails to serve the notification by trustee as required by Section 16061.7 on a beneficiary shall be responsible for all damages, attorneys fees, and costs caused by the failure unless the trustee makes a reasonably diligent effort to comply with that section.
(b)A trustee who fails to serve the notification by trustee as required by Section 16061.7 on an heir who is not a beneficiary and whose identity is known to the trustee shall be responsible for all damages caused to the heir by the failure unless the trustee shows that the trustee made a reasonably diligent effort to comply with that section. For purposes of this subdivision, reasonably diligent effort means that the trustee has delivered notice pursuant to Section 1215 to the heir at the heirs last address actually known to the trustee.
(c)A trustee, in exercising discretion with respect to the timing and nature of distributions of trust assets, may consider the fact that the period in which a beneficiary or heir could bring an action to contest the trust has not expired.
SEC. 90.Section 16336.6 of the Probate Code is amended to read:16336.6.Unless expressly prohibited by the governing instrument, a trustee may reconvert the trust from a unitrust or change the payout percentage of a unitrust.
(a)The trustee may make the reconversion or change in payout percentage without a court order if all of the following conditions are satisfied:
(1)At least three years have elapsed since the most recent conversion to a unitrust.
(2)The trustee determines that reconversion or change in payout percentage would enable the trustee to better comply with the provisions of subdivision (b) of Section 16335.
(3)One of the following notice requirements is satisfied:
(A)In the case of a proposed reconversion, the trustee gives written notice of the trustees intention to convert that complies with the requirements of Chapter 5 (commencing with Section 16500) and no beneficiary objects to the proposed action in a writing delivered pursuant to Section 1215 to the trustee within the period prescribed by subdivision (d) of Section 16502. The trustees notice shall include the information described in paragraphs (3) and (4) of subdivision (c) of Section 16336.4.
(B)In the case of a proposed change in payout percentage, the trustee gives written notice stating the new payout percentage that the trustee proposes to adopt, which notice shall comply with the requirements of Chapter 5 (commencing with Section 16500), and no beneficiary objects to the proposed action in a writing delivered pursuant to Section 1215 to the trustee within the period prescribed by subdivision (d) of Section 16502.
(b)The trustee may make the reconversion or change in payout percentage at any time pursuant to court order provided that: (1) the court determines that reconversion or change in payout percentage will enable the trustee to better comply with the provisions of subdivision (b) of Section 16335, and (2) in the case of a change in payout percentage, the new payout percentage is at least 3 percent and no greater than 5 percent. The court may enter an order pursuant to this subdivision upon the petition of the trustee or any beneficiary.
SEC. 91.Section 16501 of the Probate Code is amended to read:16501.(a)The trustee who elects to provide notice pursuant to this chapter shall deliver notice pursuant to Section 1215 of the proposed action to each of the following:
(1)A beneficiary who is receiving, or is entitled to receive, income under the trust, including a beneficiary who is entitled to receive income at the discretion of the trustee.
(2)A beneficiary who would receive a distribution of principal if the trust were terminated at the time the notice is given.
(b)Notice of proposed action is not required to be given to a person who consents in writing to the proposed action. The consent may be executed at any time before or after the proposed action is taken.
(c)A trustee is not required to provide a copy of the notice of proposed action to a beneficiary who is known to the trustee but who cannot be located by the trustee after reasonable diligence or who is unknown to the trustee.
(d)Notwithstanding any other provision of this chapter, the trustee may not use a notice of proposed action in any of the following actions:
(1)Allowance of the trustees compensation.
(2)Allowance of compensation of the attorney for the trustee.
(3)Settlement of accounts.
(4)Discharge of the trustee.
(5)Sale of property of the trust to the trustee or to the attorney for the trustee.
(6)Exchange of property of the trust for property of the trustee or for property of the attorney for the trustee.
(7)Grant of an option to purchase property of the trust to the trustee or to the attorney for the trustee.
(8)Allowance, payment, or compromise of a claim of the trustee, or the attorney for the trustee, against the trust.
(9)Compromise or settlement of a claim, action, or proceeding by the trust against the trustee or against the attorney for the trust.
(10)Extension, renewal, or modification of the terms of a debt or other obligation of the trustee, or the attorney for the trustee, owing to or in favor of the trust.
SEC. 92.Section 16502 of the Probate Code is amended to read:16502.The notice of proposed action shall state that it is given pursuant to this section and shall include all of the following:
(a)The name, mailing address, and electronic address of the trustee.
(b)The name, telephone number, and electronic address of a person who may be contacted for additional information.
(c)A description of the action proposed to be taken and an explanation of the reasons for the action.
(d)The time within which objections to the proposed action can be made, which shall be at least 45 days from the delivery or receipt of the notice of proposed action.
(e)The date on or after which the proposed action may be taken or is effective.
SEC. 93.Section 16503 of the Probate Code is amended to read:16503.(a)A beneficiary may object to the proposed action by delivering a written objection pursuant to Section 1215 to the trustee at the address stated in the notice of proposed action within the time period specified in the notice of proposed action.
(b)A trustee is not liable to a beneficiary for an action regarding a matter governed by this part if the trustee does not receive a written objection to the proposed action from a beneficiary within the applicable period and the other requirements of this section are satisfied. If no beneficiary entitled to notice objects under this section, the trustee is not liable to any current or future beneficiary with respect to the proposed action. This subdivision does not apply to a person who is a minor or an incompetent adult at the time of receiving the notice of proposed action unless the notice is served on a guardian or conservator of the estate of the person.
(c)If the trustee receives a written objection within the applicable period, either the trustee or a beneficiary may petition the court to have the proposed action taken as proposed, taken with modifications, or denied. In the proceeding, a beneficiary objecting to the proposed action has the burden of proving that the trustees proposed action should not be taken. A beneficiary who has not objected is not estopped from opposing the proposed action in the proceeding.
(d)If the trustee decides not to implement the proposed action, the trustee shall notify the beneficiaries of the decision not to take the action and the reasons for the decision, and the trustees decision not to implement the proposed action does not itself give rise to liability to any current or future beneficiary. A beneficiary may petition the court to have the action taken, and has the burden of proving that it should be taken.
SEC. 94.Section 17203 of the Probate Code is amended to read:17203.(a)At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of hearing to be delivered pursuant to Section 1215 to all of the following persons:
(1)All trustees.
(2)All beneficiaries, subject to Chapter 2 (commencing with Section 15800) of Part 3.
(3)The Attorney General, if the petition relates to a charitable trust subject to the jurisdiction of the Attorney General.
(b)At least 30 days before the time set for hearing on the petition, the petitioner shall cause notice of the hearing and a copy of the petition to be served in the manner provided in Chapter 4 (commencing with Section 413.10) of Title 5 of Part 2 of the Code of Civil Procedure on any person, other than a trustee or beneficiary, whose right, title, or interest would be affected by the petition and who does not receive notice pursuant to subdivision (a). The court may not shorten the time for giving notice under this subdivision.
(c)If a person to whom notice otherwise would be given has been deceased for at least 40 days, and no personal representative has been appointed for the estate of that person, and the deceased persons right, title, or interest has not passed to any other person pursuant to Division 8 (commencing with Section 13000) or otherwise, notice may instead be given to the following persons:
(1)Each heir and devisee of the decedent, and all persons named as executors of the will of the decedent, so far as known to the petitioner.
(2)Each person serving as guardian or conservator of the decedent at the time of the decedents death, so far as known to the petitioner.
SEC. 95.Section 17204 of the Probate Code is amended to read:17204.(a)If proceedings involving a trust are pending, a beneficiary of the trust may, in person or by attorney, file with the court clerk where the proceedings are pending a written request stating that the beneficiary desires special notice of the filing of petitions in the proceeding relating to any or all of the purposes described in Section 17200 and giving an address for receiving notice by mail. A copy of the request shall be delivered pursuant to Section 1215 to the trustee or the trustees attorney. If personally delivered, the request shall be effective when it is delivered. If mailed or electronically delivered, the request shall be effective when it is received. When the original of the request is filed with the court clerk, it shall be accompanied by a written admission or proof of service. A request for special notice may be modified or withdrawn in the same manner as provided for the making of the initial request.
(b)(1)An interested person may request special notice in the same manner as a beneficiary under subdivision (a), for the purpose set forth in paragraph (9) of subdivision (b) of Section 17200. The request for special notice shall be accompanied by a verified statement of the persons interest.
(2)For purposes set forth in paragraphs (2), (4) to (6), inclusive, (8), (12), (16), (20), and (21) of subdivision (b) of Section 17200, an interested person may petition the court for an order for special notice of proceedings involving a trust. The petition shall include a verified statement of the creditors interest and may be served on the trustee or the trustees attorney in a manner described in Section 1215. The petition may be made by ex parte application.
(3)For purposes of this subdivision, an interested person means only a creditor of a trust or, if the trust has become irrevocable upon the death of a trustor, a creditor of the trustor.
(4)This section does not confer standing on an interested person if standing does not otherwise exist.
(c)Except as provided in subdivision (d), after serving and filing a request and proof of service pursuant to subdivision (a) or paragraph (1) of subdivision (b), the beneficiary or the interested person is entitled to notice pursuant to Section 17203. If the petition of an interested person filed pursuant to paragraph (2) of subdivision (b) is granted by the court, the interested person is entitled to notice pursuant to Section 17203.
(d)A request for special notice made by a beneficiary whose right to notice is restricted by Section 15802 is not effective.
SEC. 96.Section 17205 of the Probate Code is amended to read:17205.If a trustee or beneficiary has served and filed either a notice of appearance, in person or by counsel, directed to the petitioner or the petitioners counsel in connection with a particular petition and proceeding or a written request for a copy of the petition, and has given an address to which notice or a copy of the petition may be delivered pursuant to Section 1215, the petitioner shall cause a copy of the petition to be delivered to that person within five days after service of the notice of appearance or receipt of the request.
SEC. 97.Section 17403 of the Probate Code is amended to read:17403.(a)At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of the time and place of the hearing to be delivered pursuant to Section 1215 to each of the persons named in the petition at their respective addresses as stated in the petition.
(b)Any person interested in the trust, as trustee, beneficiary, or otherwise, may appear and file written grounds in opposition to the petition.
SEC. 98.Section 17454 of the Probate Code is amended to read:17454.(a)At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of the time and place of the hearing to be delivered pursuant to Section 1215 to each of the persons named in the petition at their respective addresses as stated in the petition.
(b)Any person interested in the trust, as trustee, beneficiary, or otherwise, may appear and file written grounds in opposition to the petition.
SEC. 99.Section 19011 of the Probate Code is amended to read:19011.(a)The Judicial Council may prescribe the form and contents of the petition, notice, claim form, and allowance or rejection form to be used pursuant to this part. The allowance or rejection form may be part of the claim form.
(b)Any claim form adopted by the Judicial Council shall inform the creditor that the claim must be filed with the court and a copy delivered pursuant to Section 1215 to the trustee. The claim form shall include a proof of delivery of a copy of the claim to the trustee, which may be completed by the claimant.
SEC. 100.Section 19024 of the Probate Code is amended to read:19024.At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of the time and place of the hearing, together with a copy of the petition, to be delivered pursuant to Section 1215 to each of the following persons who is not a petitioner:
(a)All trustees of the trust and of any other trusts to which an allocation of liability may be approved by the court pursuant to the petition.
(b)All beneficiaries affected.
(c)The personal representative of the deceased settlors probate estate, if any is known to the trustee.
(d)The Attorney General, if the petition relates to a charitable trust subject to the jurisdiction of the Attorney General, unless the Attorney General waives notice.
SEC. 101.Section 19040 of the Probate Code is amended to read:19040.(a)Publication of notice pursuant to this section shall be for at least 15 days. Three publications in a newspaper published once a week or more often, with at least five days intervening between the first and last publication dates, not counting the first and last publication dates as part of the five-day period, are sufficient. Notice shall be published in a newspaper of general circulation in the city, county, or city and county in this state where the deceased settlor resided at the time of death, or if none, in the city, county, or city and county in this state wherein trust property was located at the time of the settlors death, or if none, in the city, county, or city and county in this state wherein the principal place of administration of the trust was located at the time of the settlors death. If there is no newspaper of general circulation published in the applicable city, county, or city and county, notice shall be published in a newspaper of general circulation published in this state nearest to the applicable city, county, or city and county seat, and which is circulated within the applicable city, county, or city and county. If there is no such newspaper, notice shall be given in written or printed form, posted at three of the most public places within the community. For purposes of this section, city means a charter city as defined in Section 34101 of the Government Code or a general law city as defined in Section 34102 of the Government Code.
(b)The caption of the notice, the deceased settlors name, and the name of
the trustee shall be in at least 8-point type, the text of the notice shall be in at least 7-point type, and the notice shall state substantially as follows:
NOTICE TO CREDITORS | |
# ____________ SUPERIOR COURT OF CALIFORNIA COUNTY OF _________ Notice is hereby given to the creditors and contingent creditors of the above-named decedent, that all persons having claims against the decedent are required to file them with the Superior Court, at _______, and deliver pursuant to Section 1215 of the California Probate Code a copy to _____, as trustee of the trust dated ____ wherein the decedent was the settlor, at _____, within the later of four months after ____ (the date of the first publication of notice to creditors) or, if notice is mailed or personally delivered to you, 60 days after the date this notice is mailed or personally delivered to you. A claim form may be obtained from the court clerk. For your protection, you are encouraged to file your claim by certified mail, with return receipt requested. | |
(name and address of trustee or attorney) |
(c)An affidavit showing due publication of notice shall be filed with the clerk upon completion of the publication. The affidavit shall contain a copy of the notice, and state the date of its first publication.
SEC. 102.Section 19052 of the Probate Code is amended to read:19052.The notice shall be in substantially the following form:
NOTICE TO CREDITORS
OF _____________
# ____________
SUPERIOR COURT OF CALIFORNIA
COUNTY OF _________
Notice is hereby given to the creditors and contingent creditors of the above-named decedent, that all persons having claims against the decedent are required to file them with the Superior Court, at _______, and deliver pursuant to Section 1215 of the California Probate Code a copy to ______, as trustee of the trust dated _____ wherein the decedent was the settlor, at _______, within the later of four months after _____ (the date of the first publication of notice
to creditors) or, if notice is mailed or personally delivered to you, 60 days after the date this notice is mailed or personally delivered to you, or you must petition to file a late claim as provided in Section 19103 of the Probate Code. A claim form may be obtained from the court clerk. For your protection, you are encouraged to file your claim by certified mail, with return receipt requested.
__________________________
(Date of mailing this
notice if applicable)
___________________________
(name and address of
trustee or attorney)
(a)A claim may be filed by the creditor or a person acting on behalf of the claimant.
(b)A claim shall be filed with the court and a copy shall be delivered to the trustee pursuant to Section 1215. Failure to deliver a copy to the trustee does not invalidate a properly filed claim, but any loss that results from the failure shall be borne by the creditor.
SEC. 104.Section 19153 of the Probate Code is amended to read:19153.The Judicial Council may adopt a claim form which shall inform the creditor that the claim must be filed with the court and a copy delivered to the trustee pursuant to Section 1215. Any such claim form shall include a proof of delivery of a copy of the claim to the trustee which may be completed by the creditor.
SEC. 105.Section 19323 of the Probate Code is amended to read:19323.(a)At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of the time and place of the hearing and a copy of the petition to be served on the surviving spouse in the manner provided in Chapter 4 (commencing with Section 413.10) of Title 5 of Part 2 of the Code of Civil Procedure.
(b)At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of the time and place of hearing, together with a copy of the petition, to be delivered pursuant to Section 1215 to each of the following persons who are not petitioners:
(1)All trustees of the trust and of any trusts to which an allocation of liability may be approved by the court pursuant to the petition.
(2)All beneficiaries affected.
(3)The personal representative of the deceased settlors probate estate, if any is known to the trustee.
(4)The Attorney General, if the petition relates to a charitable trust subject to the jurisdiction of the Attorney General, unless the Attorney General waives notice.
SEC. 106.Section 20122 of the Probate Code is amended to read:20122.Not less than 30 days before the hearing, the petitioner shall do both of the following:
(a)Cause notice of the hearing and a copy of the petition to be delivered pursuant to Section 1215 to the personal representative and to each person interested in the estate against whom prorated amounts may be charged pursuant to paragraph (1) of subdivision (a) of Section 20123.
(b)Cause a summons and a copy of the petition to be served on each person interested in the estate who may be directed to make payment of prorated amounts pursuant to paragraph (2) of subdivision (a) of Section 20123. The summons shall be in the form and shall be served in the manner prescribed in Title 5 (commencing with Section 410.10) of Part 2 of the Code of Civil Procedure.
SEC. 107.Section 20222 of the Probate Code is amended to read:20222.Not less than 30 days before the hearing the petitioner shall do both of the following:
(a)Cause notice of the hearing and a copy of the petition to be delivered pursuant to Section 1215 to the trustee and each transferee against whom prorated amounts may be charged pursuant to paragraph (1) of subdivision (a) of Section 20223.
(b)Cause a summons and a copy of the petition to be served on each transferee who may be directed to make payment of prorated amounts pursuant to paragraph (2) of subdivision (a) of Section 20223. The summons shall be in the form and shall be served in the manner prescribed in Title 5 (commencing with Section 410.10) of Part 2 of the Code of Civil Procedure.
SEC. 108.Section 212.5 is added to the Welfare and Institutions Code, to read:212.5.Unless otherwise provided by law, a document in a juvenile court matter may be filed and served electronically as prescribed by Section 1010.6 of the Code of Civil Procedure, under the following conditions:
(a)Electronic service is authorized only if the county and the court permit electronic service.
(b)(1)On or before December 31, 2018, electronic service on a party or other person is permitted only if the party or other person has consented to accept electronic service in that specific action. A party or other person may subsequently withdraw its consent to electronic service.
(2)On or after January 1, 2019, electronic service on a party or other person is permitted only if the party or other person has expressly consented, as provided in Section 1010.6 of the Code of Civil Procedure. A party or other person may subsequently withdraw its consent to electronic service by completing the appropriate Judicial Council form.
(c)Consent, or the withdrawal of consent, to receive electronic service may be completed by a party or other person entitled to service, or that persons attorney.
(d)Electronic service shall be provided in the following manner:
(1)Electronic service is not permitted on any party or person who is under 10 years of age.
(2)Electronic service is not permitted on any party or person who is between 10 years of age and 15 years of age without the express consent of the minor and the minors attorney.
(3)Electronic service shall be permitted on any party or person who is 16 to 18 years of age only if the minor, after consultation with his or her attorney, consents. By January 1, 2019, the Judicial Council shall develop a rule of court on the duties of the minors attorney during the required consultation.
(4)Electronic service of psychological or medical documentation related to a minor shall not be permitted, other than the summary required pursuant to Section 16010 when included as part of a required report to the court.
(e)In the following matters, the party or other person shall be served by both electronic means and by other means specified by law if the document to be served is one of the following:
(1)A notice of hearing or an appellate advisement issued pursuant to subparagraph (A) of paragraph (3) of subdivision (l) of Section 366.26 for a hearing at which a social worker is recommending the termination of parental rights.
(2)A citation issued pursuant to Section 661.
(3)A notice of hearing pursuant to subdivision (d) of Section 777.
(f)If the minor is an Indian child or the court has reason to know that an Indian child is involved, service shall be made pursuant to Section 224.2.
(g)Electronic service and electronic filing shall be conducted in a manner that preserves and ensures the confidentiality of records by encryption.
(h)The requirements of this section shall be consistent with Section 1010.6 of the Code of Civil Procedure and rules of court adopted by the Judicial Council pursuant to that section.
SEC. 109.Section 248 of the Welfare and Institutions Code is amended to read:248.(a)A referee shall hear those cases that are assigned to him or her by the presiding judge of the juvenile court, with the same powers as a judge of the juvenile court, except that a referee shall not conduct any hearing to which the state or federal constitutional prohibitions against double jeopardy apply unless all of the parties thereto stipulate in writing that the referee may act in the capacity of a temporary judge. A referee shall promptly furnish to the presiding judge of the juvenile court and the minor, if the minor is 14 or more years of age or if younger has so requested, and shall serve upon the minors attorney of record and the minors parent or guardian or adult relative and the attorney of record for the minors parent or guardian or adult relative a written copy of his or her findings and order and shall also furnish to the minor, if the minor is 14 or more years of age or if younger has so requested, and to the parent or guardian or adult relative, with the findings and order, a written explanation of the right of those persons to seek review of the order by the juvenile court.
(b)Service, as provided in this section, shall be made as follows:
(1)If a minor, parent, or guardian is present in court at the time the findings and order are made, then the findings and order may be served in court on any minor, parent, or guardian who is present in court on that date and a written explanation of the right to seek review of the order as required pursuant to subdivision (a) shall be furnished at that time.
(2)If paragraph (1) is not applicable, service shall be made by mail or electronic service pursuant to Section 212.5, within the time period specified in Section 248.5, to the last known address of those persons or to the address designated by those persons appearing at the hearing before the referee and the documents served shall include, if applicable, the written explanation of the right to seek review of the order. If the parent or guardian does not have a last known address or electronic service address designated, service shall be to that party in care of his or her counsel.
SEC. 110.Section 248.5 of the Welfare and Institutions Code is amended to read:248.5.All written findings and orders of the court shall be served by the clerk of the court personally, by first-class mail, or by electronic service pursuant to Section 212.5, within three judicial days of their issuance on the petitioner, the minor or the minors counsel, the parent or the parents counsel, and the guardian or the guardians counsel.
SEC. 111.Section 290.1 of the Welfare and Institutions Code, as amended by Section 1 of Chapter 219 of the Statutes of 2015, is amended 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)Notice shall not be served electronically under this section.
(g)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. 112.Section 290.1 of the Welfare and Institutions Code, as added by Section 2 of Chapter 219 of the Statutes of 2015, is repealed.SEC. 113.Section 290.2 of the Welfare and Institutions Code, as amended by Section 309 of Chapter 86 of the Statutes of 2016, 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)Notice is not 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)Notice shall not be served electronically under this section.
(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. 114.Section 290.2 of the Welfare and Institutions Code, as amended by Section 310 of Chapter 86 of the Statutes of 2016, is repealed.SEC. 115.Section 291 of the Welfare and Institutions Code, as amended by Section 60 of Chapter 612 of the Statutes of 2016, 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, nonrelative extended family members, and resource family. 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 before 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 before 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, by first-class mail, or by electronic service pursuant to Section 212.5.
(3)If the child is not detained, the persons required to be noticed shall be noticed by personal service, by first-class mail, or by electronic service pursuant to Section 212.5, unless the person to be served is known to reside outside the county, in which case service shall be by first-class mail or by electronic service pursuant to Section 212.5.
(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. 116.Section 291 of the Welfare and Institutions Code, as amended by Section 61 of Chapter 612 of the Statutes of 2016, is repealed.SEC. 117.Section 292 of the Welfare and Institutions Code, as amended by Section 7 of Chapter 219 of the Statutes of 2015, 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 with return receipt requested, addressed to the last known address of the person to be noticed, or by electronic service pursuant to Section 212.5.
(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. 118.Section 292 of the Welfare and Institutions Code, as added by Section 8 of Chapter 219 of the Statutes of 2015, is repealed.SEC. 119.Section 293 of the Welfare and Institutions Code, as amended by Section 62 of Chapter 612 of the Statutes of 2016, 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, resource family, 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, by personal service, or by electronic service pursuant to Section 212.5.
(f)Notice to the current caregiver of the child, including a foster parent, a relative caregiver, a preadoptive parent, a nonrelative extended family member, a resource family, 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. 120.Section 293 of the Welfare and Institutions Code, as amended by Section 63 of Chapter 612 of the Statutes of 2016, is repealed.SEC. 121.Section 294 of the Welfare and Institutions Code, as amended by Section 64 of Chapter 612 of the Statutes of 2016, 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, nonrelative extended family members, or resource family. 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 service pursuant to Section 212.5, 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, placement with a fit and willing relative, or another planned permanent living arrangement, as appropriate, 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, placement with a fit and willing relative, or another planned permanent living arrangement, as appropriate, for the child. The court shall direct the parent to appear for the proceedings and then direct that the parent be notified thereafter only by first-class mail to the parents usual place of residence or business, or by electronic service pursuant to Section 212.5.
(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 served on the parent named in the notice by first-class mail at the place where the notice was delivered or by electronic service pursuant to Section 212.5.
(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, placement with a fit and willing relative, or another planned permanent living arrangement, as appropriate, service may be made by first-class mail to the parents usual place of residence or business or by electronic service pursuant to Section 212.5. In the case of an Indian child, if the recommendation of the probation officer or social worker is 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 or by electronic service pursuant to Section 212.5.
(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, placement with a fit and willing relative, or another planned permanent living arrangement, as appropriate, 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 or by electronic service pursuant to Section 212.5.
(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, placement with a fit and willing relative, or another planned permanent living arrangement, as appropriate, no further notice to the parent shall be required.
(h)Notice to all counsel of record shall be by first-class mail or by electronic service pursuant to Section 212.5.
(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)Notice of any hearing at which the county welfare department is recommending the termination of parental rights may only be served electronically if notice is also given by another means of service provided for in this section.
SEC. 122.Section 294 of the Welfare and Institutions Code, as amended by Section 65 of Chapter 612 of the Statutes of 2016, is repealed.SEC. 123.Section 295 of the Welfare and Institutions Code, as amended by Section 66 of Chapter 612 of the Statutes of 2016, 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, resource family, 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 or by electronic service pursuant to Section 212.5. 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 before 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. 124.Section 295 of the Welfare and Institutions Code, as amended by Section 67 of Chapter 612 of the Statutes of 2016, is repealed.SEC. 125.Section 297 of the Welfare and Institutions Code is amended to read:297.(a)A subsequent petition filed pursuant to Section 342 shall be noticed pursuant to Sections 290.1 and 290.2, except that service may be delivered by electronic service pursuant to Section 212.5.
(b)Upon the filing of a supplemental petition pursuant to Section 387, the clerk of the juvenile court shall immediately set the matter for hearing within 30 days of the date of the filing, and the social worker or probation officer shall cause notice thereof to be served upon the persons required by, and in the manner prescribed by, Sections 290.1, 290.2, and 291, except that service may be delivered by electronic service pursuant to Section 212.5.
(c)If a petition for modification has been filed pursuant to Section 388, and it appears that the best interest of the child may be promoted by the proposed change of the order, the recognition of a sibling relationship, or the termination of jurisdiction, the court shall order that a hearing be held and shall give prior notice, or cause prior notice to be given, to the social worker or probation officer and to the childs attorney of record, or if there is no attorney of record for the child, to the child, and his or her parent or parents or legal guardian or guardians in the manner prescribed by Section 291 unless a different manner is prescribed by the court.
(d)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.
(e)On and after January 1, 2012, if a petition for modification has been filed pursuant to subdivision (e) of Section 388 by a nonminor dependent, as described in subdivision (v) of Section 11400, no notice is required for a parent.
SEC. 126.Section 302 of the Welfare and Institutions Code is amended to read:302.(a)A juvenile court may assume jurisdiction over a child described in Section 300 regardless of whether the child was in the physical custody of both parents or was in the sole legal or physical custody of only one parent at the time that the events or conditions occurred that brought the child within the jurisdiction of the court.
(b)Unless their parental rights have been terminated, both parents shall be notified of all proceedings involving the child. In any case where the social worker is required to provide a parent or guardian with notice of a proceeding at which the social worker intends to present a report, the social worker shall also provide both parents, whether custodial or noncustodial, or any guardian, or the counsel for the parent or guardian a copy of the report prior to the hearing, by personal service, by first-class mail, or by electronic service pursuant to Section 212.5. The social worker shall not charge any fee for providing a copy of a report required by this subdivision. The social worker shall keep confidential the address of any parent who is known to be the victim of domestic violence.
(c)When a child is adjudged a dependent of the juvenile court, any issues regarding custodial rights between his or her parents shall be determined solely by the juvenile court, as specified in Sections 304, 361.2, and 362.4, so long as the child remains a dependent of the juvenile court.
(d)Any custody or visitation order issued by the juvenile court at the time the juvenile court terminates its jurisdiction pursuant to Section 362.4 regarding a child who has been previously adjudged to be a dependent child of the juvenile court shall be a final judgment and shall remain in effect after that jurisdiction is terminated. The order shall not be modified in a proceeding or action described in Section 3021 of the Family Code unless the court finds that there has been a significant change of circumstances since the juvenile court issued the order and modification of the order is in the best interests of the child.
SEC. 127.Section 316.1 of the Welfare and Institutions Code, as amended by Section 15 of Chapter 219 of the Statutes of 2015, is amended 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)Upon his or her appearance before the court, each party who consents to electronic service pursuant to Section 212.5 shall designate for the court his or her electronic service address. The court shall advise each party that the electronic service address will be used by the court and the social services agency for purposes of providing notice pursuant to Sections 291, 292, 293, 294, 295, 297, and 342, unless and until the party notifies the court or the social services agency of a new electronic service address in writing or unless the party withdraws consent to electronic service.
SEC. 128.Section 316.1 of the Welfare and Institutions Code, as added by Section 16 of Chapter 219 of the Statutes of 2015, is repealed.SEC. 129.Section 342 of the Welfare and Institutions Code is amended to read:342.(a)In any case in which a minor has been found to be a person described by Section 300 and the petitioner alleges new facts or circumstances, other than those under which the original petition was sustained, sufficient to state that the minor is a person described in Section 300, the petitioner shall file a subsequent petition. This section does not apply if the jurisdiction of the juvenile court has been terminated prior to the new allegations.
(b)Unless otherwise provided by law, all procedures and hearings required for an original petition are applicable to a subsequent petition filed under this section.
SEC. 130.Section 362.4 of the Welfare and Institutions Code is amended to read:362.4.(a)If the juvenile court terminates its jurisdiction over a minor who has been adjudged a dependent child of the juvenile court prior to the minors attainment of the age of 18 years, and proceedings for dissolution of marriage, for nullity of marriage, or for legal separation, of the minors parents, or proceedings to establish the paternity of the minor child brought under the Uniform Parentage Act, Part 3 (commencing with Section 7600) of Division 12 of the Family Code, are pending in the superior court of any county, or an order has been entered with regard to the custody of that minor, the juvenile court on its own motion, may issue a protective order as provided for in Section 213.5 or as defined in Section 6218 of the Family Code, and an order determining the custody of, or visitation with, the child.
(b)Any order issued pursuant to this section shall continue until modified or terminated by a subsequent order of the superior court. The order of the juvenile court shall be filed in the proceeding for nullity, dissolution, or legal separation, or in the proceeding to establish paternity, at the time the juvenile court terminates its jurisdiction over the minor, and shall become a part thereof.
(c)If no action is filed or pending relating to the custody of the minor in the superior court of any county, the juvenile court order may be used as the sole basis for opening a file in the superior court of the county in which the parent, who has been given custody, resides. The court may direct the parent or the clerk of the juvenile court to transmit the order to the clerk of the superior court of the county in which the order is to be filed. The clerk of the superior court shall, immediately upon receipt, open a file, without a filing fee, and assign a case number.
(d)The clerk of the superior court shall, upon the filing of any juvenile court custody order, send a copy of the order with the case number by first-class mail or by electronic means pursuant to Section 212.5 to the juvenile court and to the parents at the address listed on the order.
(e)The Judicial Council shall adopt forms for any custody or restraining order issued under this section. These form orders shall not be confidential.
SEC. 131.Section 364.05 of the Welfare and Institutions Code is amended to read:364.05.Notwithstanding Section 364, in a county of the first class, a copy of the report required pursuant to subdivision (b) of Section 364 shall be provided to all parties at least 10 calendar days before the hearing. This may be accomplished by electronically serving the report pursuant to Section 212.5 or by mailing the report at least 15 calendar days before the hearing to a party whose address is within the State of California, or at least 20 calendar days before the hearing to a party whose address is outside the State of California. The court shall grant a reasonable continuance, not to exceed 10 calendar days, upon request by any party or his or her counsel on the ground that the report was not provided at least 10 calendar days before the hearing as required by this section, unless the party or his or her counsel has expressly waived the requirement that the report be provided within the 10-day period or the court finds that the partys ability to proceed at the hearing is not prejudiced by the lack of timely service of the report. In making this determination, the court shall presume that a party is prejudiced by the lack of timely service of the report, and may find that the party is not prejudiced only by clear and convincing evidence to the contrary.
SEC. 132.Section 366.05 of the Welfare and Institutions Code is amended to read:366.05.Notwithstanding subdivision (c) of Section 366.21, in a county of the first class, any supplemental report filed in connection with a status review hearing held pursuant to subdivision (a) of Section 366 shall be provided to the parent or legal guardian and to counsel for the child at least 10 calendar days before the hearing. This may be accomplished by electronically serving the report pursuant to Section 212.5 or by mailing the report at least 15 calendar days before the hearing to a party whose address is within the State of California, or at least 20 calendar days before the hearing to a party whose address is outside the State of California. The court shall grant a reasonable continuance, not to exceed 10 calendar days, upon request by any party or his or her counsel on the ground that the report was not provided at least 10 calendar days before the hearing as required by this section, unless the party or his or her counsel has expressly waived the requirement that the report be provided within the 10-day period or the court finds that the partys ability to proceed at the hearing is not prejudiced by the lack of timely service of the report. In making this determination, the court shall presume that a party is prejudiced by the lack of timely service of the report, and may find that the party is not prejudiced only by clear and convincing evidence to the contrary.
SEC. 133.Section 366.21 of the Welfare and Institutions Code is amended to read:366.21.(a)Every hearing conducted by the juvenile court reviewing the status of a dependent child shall be placed on the appearance calendar. The court shall advise all persons present at the hearing of the date of the future hearing and of their right to be present and represented by counsel.
(b)Except as provided in Sections 294 and 295, notice of the hearing shall be provided pursuant to Section 293.
(c)At least 10 calendar days before the hearing, the social worker shall file a supplemental report with the court regarding the services provided or offered to the parent or legal guardian to enable him or her to assume custody and the efforts made to achieve legal permanence for the child if efforts to reunify fail, including, but not limited to, efforts to maintain relationships between a child who is 10 years of age or older and has been in out-of-home placement for six months or longer and individuals who are important to the child, consistent with the childs best interests; the progress made; and, where relevant, the prognosis for return of the child to the physical custody of his or her parent or legal guardian; and shall make his or her recommendation for disposition. If the child is a member of a sibling group described in subparagraph (C) of paragraph (1) of subdivision (a) of Section 361.5, the report and recommendation may also take into account those factors described in subdivision (e) relating to the childs sibling group. If the recommendation is not to return the child to a parent or legal guardian, the report shall specify why the return of the child would be detrimental to the child. The social worker shall provide the parent or legal guardian, counsel for the child, and any court-appointed child advocate with a copy of the report, including his or her recommendation for disposition, at least 10 calendar days before the hearing. The report may be served pursuant to Section 212.5. In the case of a child removed from the physical custody of his or her parent or legal guardian, the social worker shall, at least 10 calendar days before the hearing, provide a summary of his or her recommendation for disposition to any foster parents, relative caregivers, and certified foster parents who have been approved for adoption by the State Department of Social Services when it is acting as an adoption agency or by a county adoption agency, community care facility, or foster family agency having the physical custody of the child. The social worker shall include a copy of the Judicial Council Caregiver Information Form (JV-290) with the summary of his or her recommendation to the childs foster parents, relative caregivers, or foster parents approved for adoption, in the caregivers primary language when available, along with information on how to file the form with the court. The form and summary of the recommendation may be served electronically pursuant to Section 212.5.
(d)Prior to any hearing involving a child in the physical custody of a community care facility or a foster family agency that may result in the return of the child to the physical custody of his or her parent or legal guardian, or in adoption or the creation of a legal guardianship, or in the case of an Indian child, in consultation with the childs tribe, tribal customary adoption, the facility or agency shall file with the court a report, or a Judicial Council Caregiver Information Form (JV-290), containing its recommendation for disposition. Prior to the hearing involving a child in the physical custody of a foster parent, a relative caregiver, or a certified foster parent who has been approved for adoption by the State Department of Social Services when it is acting as an adoption agency or by a county adoption agency, the foster parent, relative caregiver, or the certified foster parent who has been approved for adoption by the State Department of Social Services when it is acting as an adoption agency or by a county adoption agency, may file with the court a report containing his or her recommendation for disposition. The court shall consider the report and recommendation filed pursuant to this subdivision prior to determining any disposition.
(e)(1)At the review hearing held six months after the initial dispositional hearing, but no later than 12 months after the date the child entered foster care as determined in Section 361.49, whichever occurs earlier, after considering the admissible and relevant evidence, the court shall order the return of the child to the physical custody of his or her parent or legal guardian unless the court finds, by a preponderance of the evidence, that the return of the child to his or her parent or legal guardian would create a substantial risk of detriment to the safety, protection, or physical or emotional well-being of the child. The social worker shall have the burden of establishing that detriment. At the hearing, the court shall consider the criminal history, obtained pursuant to paragraph (1) of subdivision (f) of Section 16504.5, of the parent or legal guardian subsequent to the childs removal to the extent that the criminal record is substantially related to the welfare of the child or the parents or guardians ability to exercise custody and control regarding his or her child, provided the parent or legal guardian agreed to submit fingerprint images to obtain criminal history information as part of the case plan. The court shall also consider whether the child can be returned to the custody of his or her parent who is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with his or her parent. The fact that the parent is enrolled in a certified substance abuse treatment facility shall not be, for that reason alone, prima facie evidence of detriment. The failure of the parent or legal guardian to participate regularly and make substantive progress in court-ordered treatment programs shall be prima facie evidence that return would be detrimental. In making its determination, the court shall review and consider the social workers report and recommendations and the report and recommendations of any child advocate appointed pursuant to Section 356.5; and shall consider the efforts or progress, or both, demonstrated by the parent or legal guardian and the extent to which he or she availed himself or herself of services provided, taking into account the particular barriers to a minor parent or a nonminor dependent parent, or an incarcerated, institutionalized, detained, or deported parents or legal guardians access to those court-mandated services and ability to maintain contact with his or her child.
(2)Regardless of whether the child is returned to a parent or legal guardian, the court shall specify the factual basis for its conclusion that the return would be detrimental or would not be detrimental. The court also shall make appropriate findings pursuant to subdivision (a) of Section 366; and, when relevant, shall order any additional services reasonably believed to facilitate the return of the child to the custody of his or her parent or legal guardian. The court shall also inform the parent or legal guardian that if the child cannot be returned home by the 12-month permanency hearing, a proceeding pursuant to Section 366.26 may be instituted. This section does not apply in a case in which, pursuant to Section 361.5, the court has ordered that reunification services shall not be provided.
(3)If the child was under three years of age on the date of the initial removal, or is a member of a sibling group described in subparagraph (C) of paragraph (1) of subdivision (a) of Section 361.5, and the court finds by clear and convincing evidence that the parent failed to participate regularly and make substantive progress in a court-ordered treatment plan, the court may schedule a hearing pursuant to Section 366.26 within 120 days. If, however, the court finds there is a substantial probability that the child, who was under three years of age on the date of initial removal or is a member of a sibling group described in subparagraph (C) of paragraph (1) of subdivision (a) of Section 361.5, may be returned to his or her parent or legal guardian within six months or that reasonable services have not been provided, the court shall continue the case to the 12-month permanency hearing.
(4)For the purpose of placing and maintaining a sibling group together in a permanent home, the court, in making its determination to schedule a hearing pursuant to Section 366.26 for some or all members of a sibling group, as described in subparagraph (C) of paragraph (1) of subdivision (a) of Section 361.5, shall review and consider the social workers report and recommendations. Factors the report shall address, and the court shall consider, may include, but need not be limited to, whether the sibling group was removed from parental care as a group, the closeness and strength of the sibling bond, the ages of the siblings, the appropriateness of maintaining the sibling group together, the detriment to the child if sibling ties are not maintained, the likelihood of finding a permanent home for the sibling group, whether the sibling group is currently placed together in a preadoptive home or has a concurrent plan goal of legal permanency in the same home, the wishes of each child whose age and physical and emotional condition permits a meaningful response, and the best interests of each child in the sibling group. The court shall specify the factual basis for its finding that it is in the best interests of each child to schedule a hearing pursuant to Section 366.26 within 120 days for some or all of the members of the sibling group.
(5)If the child was removed initially under subdivision (g) of Section 300 and the court finds by clear and convincing evidence that the whereabouts of the parent are still unknown, or the parent has failed to contact and visit the child, the court may schedule a hearing pursuant to Section 366.26 within 120 days. The court shall take into account any particular barriers to a parents ability to maintain contact with his or her child due to the parents incarceration, institutionalization, detention by the United States Department of Homeland Security, or deportation. If the court finds by clear and convincing evidence that the parent has been convicted of a felony indicating parental unfitness, the court may schedule a hearing pursuant to Section 366.26 within 120 days.
(6)If the child had been placed under court supervision with a previously noncustodial parent pursuant to Section 361.2, the court shall determine whether supervision is still necessary. The court may terminate supervision and transfer permanent custody to that parent, as provided for by paragraph (1) of subdivision (b) of Section 361.2.
(7)In all other cases, the court shall direct that any reunification services previously ordered shall continue to be offered to the parent or legal guardian pursuant to the time periods set forth in subdivision (a) of Section 361.5, provided that the court may modify the terms and conditions of those services.
(8)If the child is not returned to his or her parent or legal guardian, the court shall determine whether reasonable services that were designed to aid the parent or legal guardian in overcoming the problems that led to the initial removal and the continued custody of the child have been provided or offered to the parent or legal guardian. The court shall order that those services be initiated, continued, or terminated.
(f)(1)The permanency hearing shall be held no later than 12 months after the date the child entered foster care, as that date is determined pursuant to Section 361.49. At the permanency hearing, the court shall determine the permanent plan for the child, which shall include a determination of whether the child will be returned to the childs home and, if so, when, within the time limits of subdivision (a) of Section 361.5. After considering the relevant and admissible evidence, the court shall order the return of the child to the physical custody of his or her parent or legal guardian unless the court finds, by a preponderance of the evidence, that the return of the child to his or her parent or legal guardian would create a substantial risk of detriment to the safety, protection, or physical or emotional well-being of the child. The social worker shall have the burden of establishing that detriment.
(A)At the permanency hearing, the court shall consider the criminal history, obtained pursuant to paragraph (1) of subdivision (f) of Section 16504.5, of the parent or legal guardian subsequent to the childs removal to the extent that the criminal record is substantially related to the welfare of the child or the parents or legal guardians ability to exercise custody and control regarding his or her child, provided that the parent or legal guardian agreed to submit fingerprint images to obtain criminal history information as part of the case plan. The court shall also determine whether reasonable services that were designed to aid the parent or legal guardian to overcome the problems that led to the initial removal and continued custody of the child have been provided or offered to the parent or legal guardian.
(B)The court shall also consider whether the child can be returned to the custody of his or her parent who is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with his or her parent. The fact that the parent is enrolled in a certified substance abuse treatment facility shall not be, for that reason alone, prima facie evidence of detriment. The failure of the parent or legal guardian to participate regularly and make substantive progress in court-ordered treatment programs shall be prima facie evidence that return would be detrimental.
(C)In making its determination, the court shall review and consider the social workers report and recommendations and the report and recommendations of any child advocate appointed pursuant to Section 356.5, shall consider the efforts or progress, or both, demonstrated by the parent or legal guardian and the extent to which he or she availed himself or herself of services provided, taking into account the particular barriers to a minor parent or a nonminor dependent parent, or an incarcerated, institutionalized, detained, or deported parents or legal guardians access to those court-mandated services and ability to maintain contact with his or her child, and shall make appropriate findings pursuant to subdivision (a) of Section 366.
(D)For each youth 16 years of age and older, the court shall also determine whether services have been made available to assist him or her in making the transition from foster care to successful adulthood.
(2)Regardless of whether the child is returned to his or her parent or legal guardian, the court shall specify the factual basis for its decision. If the child is not returned to a parent or legal guardian, the court shall specify the factual basis for its conclusion that the return would be detrimental. The court also shall make a finding pursuant to subdivision (a) of Section 366. If the child is not returned to his or her parent or legal guardian, the court shall consider, and state for the record, in-state and out-of-state placement options. If the child is placed out of the state, the court shall make a determination whether the out-of-state placement continues to be appropriate and in the best interests of the child.
(g)If the time period in which the court-ordered services were provided has met or exceeded the time period set forth in subparagraph (A), (B), or (C) of paragraph (1) of subdivision (a) of Section 361.5, as appropriate, and a child is not returned to the custody of a parent or legal guardian at the permanency hearing held pursuant to subdivision (f), the court shall do one of the following:
(1)Continue the case for up to six months for a permanency review hearing, provided that the hearing shall occur within 18 months of the date the child was originally taken from the physical custody of his or her parent or legal guardian. The court shall continue the case only if it finds that there is a substantial probability that the child will be returned to the physical custody of his or her parent or legal guardian and safely maintained in the home within the extended period of time or that reasonable services have not been provided to the parent or legal guardian. For purposes of this section, in order to find a substantial probability that the child will be returned to the physical custody of his or her parent or legal guardian and safely maintained in the home within the extended period of time, the court shall be required to find all of the following:
(A)That the parent or legal guardian has consistently and regularly contacted and visited with the child.
(B)That the parent or legal guardian has made significant progress in resolving problems that led to the childs removal from the home.
(C)The parent or legal guardian has demonstrated the capacity and ability both to complete the objectives of his or her treatment plan and to provide for the childs safety, protection, physical and emotional well-being, and special needs.
(i)For purposes of this subdivision, the courts decision to continue the case based on a finding or substantial probability that the child will be returned to the physical custody of his or her parent or legal guardian is a compelling reason for determining that a hearing held pursuant to Section 366.26 is not in the best interests of the child.
(ii)The court shall inform the parent or legal guardian that if the child cannot be returned home by the next permanency review hearing, a proceeding pursuant to Section 366.26 may be instituted. The court shall not order that a hearing pursuant to Section 366.26 be held unless there is clear and convincing evidence that reasonable services have been provided or offered to the parent or legal guardian.
(2)Continue the case for up to six months for a permanency review hearing, provided that the hearing shall occur within 18 months of the date the child was originally taken from the physical custody of his or her parent or legal guardian, if the parent has been arrested and issued an immigration hold, detained by the United States Department of Homeland Security, or deported to his or her country of origin, and the court determines either that there is a substantial probability that the child will be returned to the physical custody of his or her parent or legal guardian and safely maintained in the home within the extended period of time or that reasonable services have not been provided to the parent or legal guardian.
(3)For purposes of paragraph (2), in order to find a substantial probability that the child will be returned to the physical custody of his or her parent or legal guardian and safely maintained in the home within the extended period of time, the court shall find all of the following:
(A)The parent or legal guardian has consistently and regularly contacted and visited with the child, taking into account any particular barriers to a parents ability to maintain contact with his or her child due to the parents arrest and receipt of an immigration hold, detention by the United States Department of Homeland Security, or deportation.
(B)The parent or legal guardian has made significant progress in resolving the problems that led to the childs removal from the home.
(C)The parent or legal guardian has demonstrated the capacity or ability both to complete the objectives of his or her treatment plan and to provide for the childs safety, protection, physical and emotional well-being, and special needs.
(4)Order that a hearing be held within 120 days, pursuant to Section 366.26, but only if the court does not continue the case to the permanency planning review hearing and there is clear and convincing evidence that reasonable services have been provided or offered to the parents or legal guardians. On and after January 1, 2012, a hearing pursuant to Section 366.26 shall not be ordered if the child is a nonminor dependent, unless the nonminor dependent is an Indian child and tribal customary adoption is recommended as the permanent plan.
(5)Order that the child remain in foster care, but only if the court finds by clear and convincing evidence, based upon the evidence already presented to it, including a recommendation by the State Department of Social Services when it is acting as an adoption agency or by a county adoption agency, that there is a compelling reason for determining that a hearing held pursuant to Section 366.26 is not in the best interests of the child because the child is not a proper subject for adoption and has no one willing to accept legal guardianship as of the hearing date. For purposes of this section, a recommendation by the State Department of Social Services when it is acting as an adoption agency or by a county adoption agency that adoption is not in the best interests of the child shall constitute a compelling reason for the courts determination. That recommendation shall be based on the present circumstances of the child and shall not preclude a different recommendation at a later date if the childs circumstances change. On and after January 1, 2012, the nonminor dependents legal status as an adult is in and of itself a compelling reason not to hold a hearing pursuant to Section 366.26. The court may order that a nonminor dependent who otherwise is eligible pursuant to Section 11403 remain in a planned, permanent living arrangement.
(A)The court shall make factual findings identifying any barriers to achieving the permanent plan as of the hearing date. When the child is under 16 years of age, the court shall order a permanent plan of return home, adoption, tribal customary adoption in the case of an Indian child, legal guardianship, or placement with a fit and willing relative, as appropriate. When the child is 16 years of age or older, or is a nonminor dependent, and no other permanent plan is appropriate at the time of the hearing, the court may order another planned permanent living arrangement, as described in paragraph (2) of subdivision (i) of Section 16501.
(B)If the court orders that a child who is 10 years of age or older remain in foster care, the court shall determine whether the agency has made reasonable efforts to maintain the childs relationships with individuals other than the childs siblings who are important to the child, consistent with the childs best interests, and may make any appropriate order to ensure that those relationships are maintained.
(C)If the child is not returned to his or her parent or legal guardian, the court shall consider, and state for the record, in-state and out-of-state options for permanent placement. If the child is placed out of the state, the court shall make a determination whether the out-of-state placement continues to be appropriate and in the best interests of the child.
(h)In any case in which the court orders that a hearing pursuant to Section 366.26 shall be held, it shall also order the termination of reunification services to the parent or legal guardian. The court shall continue to permit the parent or legal guardian to visit the child pending the hearing unless it finds that visitation would be detrimental to the child. The court shall make any other appropriate orders to enable the child to maintain relationships with individuals, other than the childs siblings, who are important to the child, consistent with the childs best interests. When the court orders a termination of reunification services to the parent or legal guardian, it shall also order that the childs caregiver receive the childs birth certificate in accordance with Sections 16010.4 and 16010.5. Additionally, when the court orders a termination of reunification services to the parent or legal guardian, it shall order, when appropriate, that a child who is 16 years of age or older receive his or her birth certificate.
(i)(1)Whenever a court orders that a hearing pursuant to Section 366.26, including, when, in consultation with the childs tribe, tribal customary adoption is recommended, shall be held, it shall direct the agency supervising the child and the county adoption agency, or the State Department of Social Services when it is acting as an adoption agency, to prepare an assessment that shall include:
(A)Current search efforts for an absent parent or parents or legal guardians.
(B)A review of the amount of and nature of any contact between the child and his or her parents or legal guardians and other members of his or her extended family since the time of placement. Although the extended family of each child shall be reviewed on a case-by-case basis, extended family for the purpose of this subparagraph shall include, but not be limited to, the childs siblings, grandparents, aunts, and uncles.
(C)An evaluation of the childs medical, developmental, scholastic, mental, and emotional status.
(D)A preliminary assessment of the eligibility and commitment of any identified prospective adoptive parent or legal guardian, including the prospective tribal customary adoptive parent, particularly the caretaker, to include a social history including screening for criminal records and prior referrals for child abuse or neglect, the capability to meet the childs needs, and the understanding of the legal and financial rights and responsibilities of adoption and guardianship. If a proposed guardian is a relative of the minor, the assessment shall also consider, but need not be limited to, all of the factors specified in subdivision (a) of Section 361.3 and in Section 361.4.
(E)The relationship of the child to any identified prospective adoptive parent or legal guardian, the duration and character of the relationship, the degree of attachment of the child to the prospective relative guardian or adoptive parent, the relatives or adoptive parents strong commitment to caring permanently for the child, the motivation for seeking adoption or guardianship, a statement from the child concerning placement and the adoption or guardianship, and whether the child, if over 12 years of age, has been consulted about the proposed relative guardianship arrangements, unless the childs age or physical, emotional, or other condition precludes his or her meaningful response, and if so, a description of the condition.
(F)A description of efforts to be made to identify a prospective adoptive parent or legal guardian, including, but not limited to, child-specific recruitment and listing on an adoption exchange within the state or out of the state.
(G)An analysis of the likelihood that the child will be adopted if parental rights are terminated.
(H)In the case of an Indian child, in addition to subparagraphs (A) to (G), inclusive, an assessment of the likelihood that the child will be adopted, when, in consultation with the childs tribe, a tribal customary adoption, as defined in Section 366.24, is recommended. If tribal customary adoption is recommended, the assessment shall include an analysis of both of the following:
(i)Whether tribal customary adoption would or would not be detrimental to the Indian child and the reasons for reaching that conclusion.
(ii)Whether the Indian child cannot or should not be returned to the home of the Indian parent or Indian custodian and the reasons for reaching that conclusion.
(2)(A)A relative caregivers preference for legal guardianship over adoption, if it is due to circumstances that do not include an unwillingness to accept legal or financial responsibility for the child, shall not constitute the sole basis for recommending removal of the child from the relative caregiver for purposes of adoptive placement.
(B)Regardless of his or her immigration status, a relative caregiver shall be given information regarding the permanency options of guardianship and adoption, including the long-term benefits and consequences of each option, prior to establishing legal guardianship or pursuing adoption. If the proposed permanent plan is guardianship with an approved relative caregiver for a minor eligible for aid under the Kin-GAP Program, as provided for in Article 4.7 (commencing with Section 11385) of Chapter 2 of Part 3 of Division 9, the relative caregiver shall be informed about the terms and conditions of the negotiated agreement pursuant to Section 11387 and shall agree to its execution prior to the hearing held pursuant to Section 366.26. A copy of the executed negotiated agreement shall be attached to the assessment.
(j)If, at any hearing held pursuant to Section 366.26, a guardianship is established for the minor with an approved relative caregiver, and juvenile court dependency is subsequently dismissed, the minor shall be eligible for aid under the Kin-GAP Program, as provided for in Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385), as applicable, of Chapter 2 of Part 3 of Division 9.
(k)As used in this section, relative means an adult who is related to the minor by blood, adoption, or affinity within the fifth degree of kinship, including stepparents, stepsiblings, and all relatives whose status is preceded by the words great, great-great, or grand, or the spouse of any of those persons even if the marriage was terminated by death or dissolution. If the proposed permanent plan is guardianship with an approved relative caregiver for a minor eligible for aid under the Kin-GAP Program, as provided for in Article 4.7 (commencing with Section 11385) of Chapter 2 of Part 3 of Division 9, relative as used in this section has the same meaning as relative as defined in subdivision (c) of Section 11391.
(l)For purposes of this section, evidence of any of the following circumstances shall not, in and of itself, be deemed a failure to provide or offer reasonable services:
(1)The child has been placed with a foster family that is eligible to adopt a child, or has been placed in a preadoptive home.
(2)The case plan includes services to make and finalize a permanent placement for the child if efforts to reunify fail.
(3)Services to make and finalize a permanent placement for the child, if efforts to reunify fail, are provided concurrently with services to reunify the family.
SEC. 133.5.Section 366.21 of the Welfare and Institutions Code is amended to read:366.21.(a)Every hearing conducted by the juvenile court reviewing the status of a dependent child shall be placed on the appearance calendar. The court shall advise all persons present at the hearing of the date of the future hearing and of their right to be present and represented by counsel.
(b)Except as provided in Sections 294 and 295, notice of the hearing shall be provided pursuant to Section 293.
(c)At least 10 calendar days before the hearing, the social worker shall file a supplemental report with the court regarding the services provided or offered to the parent or legal guardian to enable him or her to assume custody and the efforts made to achieve legal permanence for the child if efforts to reunify fail, including, but not limited to, efforts to maintain relationships between a child who is 10 years of age or older and has been in out-of-home placement for six months or longer and individuals who are important to the child, consistent with the childs best interests; the progress made; and, where relevant, the prognosis for return of the child to the physical custody of his or her parent or legal guardian; and shall make his or her recommendation for disposition. If the child is a member of a sibling group described in subparagraph (C) of paragraph (1) of subdivision (a) of Section 361.5, the report and recommendation may also take into account those factors described in subdivision (e) relating to the childs sibling group. If the recommendation is not to return the child to a parent or legal guardian, the report shall specify why the return of the child would be detrimental to the child. The social worker shall provide the parent or legal guardian, counsel for the child, and any court-appointed child advocate with a copy of the report, including his or her recommendation for disposition, at least 10 calendar days before the hearing. The report may be served pursuant to Section 212.5. In the case of a child removed from the physical custody of his or her parent or legal guardian, the social worker shall, at least 10 calendar days before the hearing, provide a summary of his or her recommendation for disposition to any foster parents, relative caregivers, and certified foster parents who have been approved for adoption by the State Department of Social Services when it is acting as an adoption agency or by a county adoption agency, community care facility, or foster family agency having the physical custody of the child. The social worker shall include a copy of the Judicial Council Caregiver Information Form (JV-290) with the summary of his or her recommendation to the childs foster parents, relative caregivers, or foster parents approved for adoption, in the caregivers primary language when available, along with information on how to file the form with the court. The form and summary of the recommendation may be served electronically pursuant to Section 212.5.
(d)Prior to any hearing involving a child in the physical custody of a community care facility or a foster family agency that may result in the return of the child to the physical custody of his or her parent or legal guardian, or in adoption or the creation of a legal guardianship, or in the case of an Indian child, in consultation with the childs tribe, tribal customary adoption, the facility or agency shall file with the court a report, or a Judicial Council Caregiver Information Form (JV-290), containing its recommendation for disposition. Prior to the hearing involving a child in the physical custody of a foster parent, a relative caregiver, or a certified foster parent who has been approved for adoption by the State Department of Social Services when it is acting as an adoption agency or by a county adoption agency, the foster parent, relative caregiver, or the certified foster parent who has been approved for adoption by the State Department of Social Services when it is acting as an adoption agency or by a county adoption agency, may file with the court a report containing his or her recommendation for disposition. The court shall consider the report and recommendation filed pursuant to this subdivision prior to determining any disposition.
(e)(1)At the review hearing held six months after the initial dispositional hearing, but no later than 12 months after the date the child entered foster care as determined in Section 361.49, whichever occurs earlier, after considering the admissible and relevant evidence, the court shall order the return of the child to the physical custody of his or her parent or legal guardian unless the court finds, by a preponderance of the evidence, that the return of the child to his or her parent or legal guardian would create a substantial risk of detriment to the safety, protection, or physical or emotional well-being of the child. The social worker shall have the burden of establishing that detriment. At the hearing, the court shall consider the criminal history, obtained pursuant to paragraph (1) of subdivision (f) of Section 16504.5, of the parent or legal guardian subsequent to the childs removal to the extent that the criminal record is substantially related to the welfare of the child or the parents or guardians ability to exercise custody and control regarding his or her child, provided the parent or legal guardian agreed to submit fingerprint images to obtain criminal history information as part of the case plan. The court shall also consider whether the child can be returned to the custody of his or her parent who is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with his or her parent. The fact that the parent is enrolled in a certified substance abuse treatment facility shall not be, for that reason alone, prima facie evidence of detriment. The failure of the parent or legal guardian to participate regularly and make substantive progress in court-ordered treatment programs shall be prima facie evidence that return would be detrimental. In making its determination, the court shall review and consider the social workers report and recommendations and the report and recommendations of any child advocate appointed pursuant to Section 356.5; and shall consider the efforts or progress, or both, demonstrated by the parent or legal guardian and the extent to which he or she availed himself or herself of services provided, taking into account the particular barriers to a minor parent or a nonminor dependent parent, or an incarcerated, institutionalized, detained, or deported parents or legal guardians access to those court-mandated services and ability to maintain contact with his or her child.
(2)Regardless of whether the child is returned to a parent or legal guardian, the court shall specify the factual basis for its conclusion that the return would be detrimental or would not be detrimental. The court also shall make appropriate findings pursuant to subdivision (a) of Section 366; and, when relevant, shall order any additional services reasonably believed to facilitate the return of the child to the custody of his or her parent or legal guardian. The court shall also inform the parent or legal guardian that if the child cannot be returned home by the 12-month permanency hearing, a proceeding pursuant to Section 366.26 may be instituted. This section does not apply in a case in which, pursuant to Section 361.5, the court has ordered that reunification services shall not be provided.
(3)If the child was under three years of age on the date of the initial removal, or is a member of a sibling group described in subparagraph (C) of paragraph (1) of subdivision (a) of Section 361.5, and the court finds by clear and convincing evidence that the parent failed to participate regularly and make substantive progress in a court-ordered treatment plan, the court may schedule a hearing pursuant to Section 366.26 within 120 days. If, however, the court finds there is a substantial probability that the child, who was under three years of age on the date of initial removal or is a member of a sibling group described in subparagraph (C) of paragraph (1) of subdivision (a) of Section 361.5, may be returned to his or her parent or legal guardian within six months or that reasonable services have not been provided, the court shall continue the case to the 12-month permanency hearing.
(4)For the purpose of placing and maintaining a sibling group together in a permanent home, the court, in making its determination to schedule a hearing pursuant to Section 366.26 for some or all members of a sibling group, as described in subparagraph (C) of paragraph (1) of subdivision (a) of Section 361.5, shall review and consider the social workers report and recommendations. Factors the report shall address, and the court shall consider, may include, but need not be limited to, whether the sibling group was removed from parental care as a group, the closeness and strength of the sibling bond, the ages of the siblings, the appropriateness of maintaining the sibling group together, the detriment to the child if sibling ties are not maintained, the likelihood of finding a permanent home for the sibling group, whether the sibling group is currently placed together in a preadoptive home or has a concurrent plan goal of legal permanency in the same home, the wishes of each child whose age and physical and emotional condition permits a meaningful response, and the best interests of each child in the sibling group. The court shall specify the factual basis for its finding that it is in the best interests of each child to schedule a hearing pursuant to Section 366.26 within 120 days for some or all of the members of the sibling group.
(5)If the child was removed initially under subdivision (g) of Section 300 and the court finds by clear and convincing evidence that the whereabouts of the parent are still unknown, or the parent has failed to contact and visit the child, the court may schedule a hearing pursuant to Section 366.26 within 120 days. The court shall take into account any particular barriers to a parents ability to maintain contact with his or her child due to the parents incarceration, institutionalization, detention by the United States Department of Homeland Security, or deportation. If the court finds by clear and convincing evidence that the parent has been convicted of a felony indicating parental unfitness, the court may schedule a hearing pursuant to Section 366.26 within 120 days.
(6)If the child had been placed under court supervision with a previously noncustodial parent pursuant to Section 361.2, the court shall determine whether supervision is still necessary. The court may terminate supervision and transfer permanent custody to that parent, as provided for by paragraph (1) of subdivision (b) of Section 361.2.
(7)In all other cases, the court shall direct that any reunification services previously ordered shall continue to be offered to the parent or legal guardian pursuant to the time periods set forth in subdivision (a) of Section 361.5, provided that the court may modify the terms and conditions of those services.
(8)If the child is not returned to his or her parent or legal guardian, the court shall determine whether reasonable services that were designed to aid the parent or legal guardian in overcoming the problems that led to the initial removal and the continued custody of the child have been provided or offered to the parent or legal guardian. The court shall order that those services be initiated, continued, or terminated.
(f)(1)The permanency hearing shall be held no later than 12 months after the date the child entered foster care, as that date is determined pursuant to Section 361.49. At the permanency hearing, the court shall determine the permanent plan for the child, which shall include a determination of whether the child will be returned to the childs home and, if so, when, within the time limits of subdivision (a) of Section 361.5. After considering the relevant and admissible evidence, the court shall order the return of the child to the physical custody of his or her parent or legal guardian unless the court finds, by a preponderance of the evidence, that the return of the child to his or her parent or legal guardian would create a substantial risk of detriment to the safety, protection, or physical or emotional well-being of the child. The social worker shall have the burden of establishing that detriment.
(A)At the permanency hearing, the court shall consider the criminal history, obtained pursuant to paragraph (1) of subdivision (f) of Section 16504.5, of the parent or legal guardian subsequent to the childs removal to the extent that the criminal record is substantially related to the welfare of the child or the parents or legal guardians ability to exercise custody and control regarding his or her child, provided that the parent or legal guardian agreed to submit fingerprint images to obtain criminal history information as part of the case plan. The court shall also determine whether reasonable services that were designed to aid the parent or legal guardian to overcome the problems that led to the initial removal and continued custody of the child have been provided or offered to the parent or legal guardian.
(B)The court shall also consider whether the child can be returned to the custody of his or her parent who is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with his or her parent. The fact that the parent is enrolled in a certified substance abuse treatment facility shall not be, for that reason alone, prima facie evidence of detriment. The failure of the parent or legal guardian to participate regularly and make substantive progress in court-ordered treatment programs shall be prima facie evidence that return would be detrimental.
(C)In making its determination, the court shall review and consider the social workers report and recommendations and the report and recommendations of any child advocate appointed pursuant to Section 356.5, shall consider the efforts or progress, or both, demonstrated by the parent or legal guardian and the extent to which he or she availed himself or herself of services provided, taking into account the particular barriers to a minor parent or a nonminor dependent parent, or an incarcerated, institutionalized, detained, or deported parents or legal guardians access to those court-mandated services and ability to maintain contact with his or her child, and shall make appropriate findings pursuant to subdivision (a) of Section 366.
(D)For each youth 16 years of age and older, the court shall also determine whether services have been made available to assist him or her in making the transition from foster care to successful adulthood.
(2)Regardless of whether the child is returned to his or her parent or legal guardian, the court shall specify the factual basis for its decision. If the child is not returned to a parent or legal guardian, the court shall specify the factual basis for its conclusion that the return would be detrimental. The court also shall make a finding pursuant to subdivision (a) of Section 366. If the child is not returned to his or her parent or legal guardian, the court shall consider, and state for the record, in-state and out-of-state placement options. If the child is placed out of the state, the court shall make a determination whether the out-of-state placement continues to be appropriate and in the best interests of the child.
(g)If the time period in which the court-ordered services were provided has met or exceeded the time period set forth in subparagraph (A), (B), or (C) of paragraph (1) of subdivision (a) of Section 361.5, as appropriate, and a child is not returned to the custody of a parent or legal guardian at the permanency hearing held pursuant to subdivision (f), the court shall do one of the following:
(1)Continue the case for up to six months for a permanency review hearing, provided that the hearing shall occur within 18 months of the date the child was originally taken from the physical custody of his or her parent or legal guardian. The court shall continue the case only if it finds that there is a substantial probability that the child will be returned to the physical custody of his or her parent or legal guardian and safely maintained in the home within the extended period of time or that reasonable services have not been provided to the parent or legal guardian. For the purposes of this section, in order to find a substantial probability that the child will be returned to the physical custody of his or her parent or legal guardian and safely maintained in the home within the extended period of time, the court shall be required to find all of the following:
(A)That the parent or legal guardian has consistently and regularly contacted and visited with the child.
(B)That the parent or legal guardian has made significant progress in resolving problems that led to the childs removal from the home.
(C)The parent or legal guardian has demonstrated the capacity and ability both to complete the objectives of his or her treatment plan and to provide for the childs safety, protection, physical and emotional well-being, and special needs.
(i)For purposes of this subdivision, the courts decision to continue the case based on a finding or substantial probability that the child will be returned to the physical custody of his or her parent or legal guardian is a compelling reason for determining that a hearing held pursuant to Section 366.26 is not in the best interests of the child.
(ii)The court shall inform the parent or legal guardian that if the child cannot be returned home by the next permanency review hearing, a proceeding pursuant to Section 366.26 may be instituted. The court shall not order that a hearing pursuant to Section 366.26 be held unless there is clear and convincing evidence that reasonable services have been provided or offered to the parent or legal guardian.
(2)Continue the case for up to six months for a permanency review hearing, provided that the hearing shall occur within 18 months of the date the child was originally taken from the physical custody of his or her parent or legal guardian, if the parent has been arrested and issued an immigration hold, detained by the United States Department of Homeland Security, or deported to his or her country of origin, and the court determines either that there is a substantial probability that the child will be returned to the physical custody of his or her parent or legal guardian and safely maintained in the home within the extended period of time or that reasonable services have not been provided to the parent or legal guardian.
(3)For purposes of paragraph (2), in order to find a substantial probability that the child will be returned to the physical custody of his or her parent or legal guardian and safely maintained in the home within the extended period of time, the court shall find all of the following:
(A)The parent or legal guardian has consistently and regularly contacted and visited with the child, taking into account any particular barriers to a parents ability to maintain contact with his or her child due to the parents arrest and receipt of an immigration hold, detention by the United States Department of Homeland Security, or deportation.
(B)The parent or legal guardian has made significant progress in resolving the problems that led to the childs removal from the home.
(C)The parent or legal guardian has demonstrated the capacity or ability both to complete the objectives of his or her treatment plan and to provide for the childs safety, protection, physical and emotional well-being, and special needs.
(4)Order that a hearing be held within 120 days, pursuant to Section 366.26, but only if the court does not continue the case to the permanency planning review hearing and there is clear and convincing evidence that reasonable services have been provided or offered to the parents or legal guardians. On and after January 1, 2012, a hearing pursuant to Section 366.26 shall not be ordered if the child is a nonminor dependent, unless the nonminor dependent is an Indian child and tribal customary adoption is recommended as the permanent plan.
(5)Order that the child remain in foster care, but only if the court finds by clear and convincing evidence, based upon the evidence already presented to it, including a recommendation by the State Department of Social Services when it is acting as an adoption agency or by a county adoption agency, that there is a compelling reason for determining that a hearing held pursuant to Section 366.26 is not in the best interests of the child because the child is not a proper subject for adoption and has no one willing to accept legal guardianship as of the hearing date. For purposes of this section, a recommendation by the State Department of Social Services when it is acting as an adoption agency or by a county adoption agency that adoption is not in the best interests of the child shall constitute a compelling reason for the courts determination. That recommendation shall be based on the present circumstances of the child and shall not preclude a different recommendation at a later date if the childs circumstances change. On and after January 1, 2012, the nonminor dependents legal status as an adult is in and of itself a compelling reason not to hold a hearing pursuant to Section 366.26. The court may order that a nonminor dependent who otherwise is eligible pursuant to Section 11403 remain in a planned, permanent living arrangement.
(A)The court shall make factual findings identifying any barriers to achieving the permanent plan as of the hearing date. When the child is under 16 years of age, the court shall order a permanent plan of return home, adoption, tribal customary adoption in the case of an Indian child, legal guardianship, or placement with a fit and willing relative, as appropriate. When the child is 16 years of age or older, or is a nonminor dependent, and no other permanent plan is appropriate at the time of the hearing, the court may order another planned permanent living arrangement, as described in paragraph (2) of subdivision (i) of Section 16501.
(B)If the court orders that a child who is 10 years of age or older remain in foster care, the court shall determine whether the agency has made reasonable efforts to maintain the childs relationships with individuals other than the childs siblings who are important to the child, consistent with the childs best interests, and may make any appropriate order to ensure that those relationships are maintained.
(C)If the child is not returned to his or her parent or legal guardian, the court shall consider, and state for the record, in-state and out-of-state options for permanent placement. If the child is placed out of the state, the court shall make a determination whether the out-of-state placement continues to be appropriate and in the best interests of the child.
(h)In any case in which the court orders that a hearing pursuant to Section 366.26 shall be held, it shall also order the termination of reunification services to the parent or legal guardian. The court shall continue to permit the parent or legal guardian to visit the child pending the hearing unless it finds that visitation would be detrimental to the child. The court shall make any other appropriate orders to enable the child to maintain relationships with individuals, other than the childs siblings, who are important to the child, consistent with the childs best interests. When the court orders a termination of reunification services to the parent or legal guardian, it shall also order that the childs caregiver receive the childs birth certificate in accordance with Sections 16010.4 and 16010.5. Additionally, when the court orders a termination of reunification services to the parent or legal guardian, it shall order, when appropriate, that a child who is 16 years of age or older receive his or her birth certificate.
(i)(1)Whenever a court orders that a hearing pursuant to Section 366.26, including, when, in consultation with the childs tribe, tribal customary adoption is recommended, shall be held, it shall direct the agency supervising the child and the county adoption agency, or the State Department of Social Services when it is acting as an adoption agency, to prepare an assessment that shall include:
(A)Current search efforts for an absent parent or parents or legal guardians.
(B)A review of the amount of and nature of any contact between the child and his or her parents or legal guardians and other members of his or her extended family since the time of placement. Although the extended family of each child shall be reviewed on a case-by-case basis, extended family for the purpose of this subparagraph shall include, but not be limited to, the childs siblings, grandparents, aunts, and uncles.
(C)(i)An evaluation of the childs medical, developmental, scholastic, mental, and emotional status.
(ii)The evaluation pursuant to clause (i) shall include, but is not limited to, providing a copy of the complete health and education summary as required under Section 16010, including the name and contact information of the person or persons currently holding the right to make educational decisions for the child.
(iii)In instances where it is determined that disclosure pursuant to clause (ii) of the contact information of the person or persons currently holding the right to make educational decisions for the child poses a threat to the health and safety of that individual or those individuals, that contact information shall be redacted or withheld from the evaluation.
(D)A preliminary assessment of the eligibility and commitment of any identified prospective adoptive parent or legal guardian, including the prospective tribal customary adoptive parent, particularly the caretaker, to include a social history including screening for criminal records and prior referrals for child abuse or neglect, the capability to meet the childs needs, and the understanding of the legal and financial rights and responsibilities of adoption and guardianship. If a proposed guardian is a relative of the minor, the assessment shall also consider, but need not be limited to, all of the factors specified in subdivision (a) of Section 361.3 and in Section 361.4.
(E)The relationship of the child to any identified prospective adoptive parent or legal guardian, the duration and character of the relationship, the degree of attachment of the child to the prospective relative guardian or adoptive parent, the relatives or adoptive parents strong commitment to caring permanently for the child, the motivation for seeking adoption or guardianship, a statement from the child concerning placement and the adoption or guardianship, and whether the child, if over 12 years of age, has been consulted about the proposed relative guardianship arrangements, unless the childs age or physical, emotional, or other condition precludes his or her meaningful response, and if so, a description of the condition.
(F)A description of efforts to be made to identify a prospective adoptive parent or legal guardian, including, but not limited to, child-specific recruitment and listing on an adoption exchange within the state or out of the state.
(G)An analysis of the likelihood that the child will be adopted if parental rights are terminated.
(H)In the case of an Indian child, in addition to subparagraphs (A) to (G), inclusive, an assessment of the likelihood that the child will be adopted, when, in consultation with the childs tribe, a tribal customary adoption, as defined in Section 366.24, is recommended. If tribal customary adoption is recommended, the assessment shall include an analysis of both of the following:
(i)Whether tribal customary adoption would or would not be detrimental to the Indian child and the reasons for reaching that conclusion.
(ii)Whether the Indian child cannot or should not be returned to the home of the Indian parent or Indian custodian and the reasons for reaching that conclusion.
(2)(A)A relative caregivers preference for legal guardianship over adoption, if it is due to circumstances that do not include an unwillingness to accept legal or financial responsibility for the child, shall not constitute the sole basis for recommending removal of the child from the relative caregiver for purposes of adoptive placement.
(B)Regardless of his or her immigration status, a relative caregiver shall be given information regarding the permanency options of guardianship and adoption, including the long-term benefits and consequences of each option, prior to establishing legal guardianship or pursuing adoption. If the proposed permanent plan is guardianship with an approved relative caregiver for a minor eligible for aid under the Kin-GAP Program, as provided for in Article 4.7 (commencing with Section 11385) of Chapter 2 of Part 3 of Division 9, the relative caregiver shall be informed about the terms and conditions of the negotiated agreement pursuant to Section 11387 and shall agree to its execution prior to the hearing held pursuant to Section 366.26. A copy of the executed negotiated agreement shall be attached to the assessment.
(j)If, at any hearing held pursuant to Section 366.26, a guardianship is established for the minor with an approved relative caregiver, and juvenile court dependency is subsequently dismissed, the minor shall be eligible for aid under the Kin-GAP Program, as provided for in Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385), as applicable, of Chapter 2 of Part 3 of Division 9.
(k)As used in this section, relative means an adult who is related to the minor by blood, adoption, or affinity within the fifth degree of kinship, including stepparents, stepsiblings, and all relatives whose status is preceded by the words great, great-great, or grand, or the spouse of any of those persons even if the marriage was terminated by death or dissolution. If the proposed permanent plan is guardianship with an approved relative caregiver for a minor eligible for aid under the Kin-GAP Program, as provided for in Article 4.7 (commencing with Section 11385) of Chapter 2 of Part 3 of Division 9, relative as used in this section has the same meaning as relative as defined in subdivision (c) of Section 11391.
(l)For purposes of this section, evidence of any of the following circumstances shall not, in and of itself, be deemed a failure to provide or offer reasonable services:
(1)The child has been placed with a foster family that is eligible to adopt a child, or has been placed in a preadoptive home.
(2)The case plan includes services to make and finalize a permanent placement for the child if efforts to reunify fail.
(3)Services to make and finalize a permanent placement for the child, if efforts to reunify fail, are provided concurrently with services to reunify the family.
SEC. 134.Section 366.26 of the Welfare and Institutions Code is amended to read:366.26.(a)This section applies to children who are adjudged dependent children of the juvenile court pursuant to subdivision (d) of Section 360. The procedures specified herein are the exclusive procedures for conducting these hearings; Part 2 (commencing with Section 3020) of Division 8 of the Family Code is not applicable to these proceedings. Section 8616.5 of the Family Code is applicable and available to all dependent children meeting the requirements of that section, if the postadoption contact agreement has been entered into voluntarily. For children who are adjudged dependent children of the juvenile court pursuant to subdivision (d) of Section 360, this section, and Sections 8604, 8605, 8606, and 8700 of the Family Code and Chapter 5 (commencing with Section 7660) of Part 3 of Division 12 of the Family Code specify the exclusive procedures for permanently terminating parental rights with regard to, or establishing legal guardianship of, the child while the child is a dependent child of the juvenile court.
(b)At the hearing, which shall be held in juvenile court for all children who are dependents of the juvenile court, the court, in order to provide stable, permanent homes for these children, shall review the report as specified in Section 361.5, 366.21, 366.22, or 366.25, shall indicate that the court has read and considered it, shall receive other evidence that the parties may present, and then shall make findings and orders in the following order of preference:
(1)Terminate the rights of the parent or parents and order that the child be placed for adoption and, upon the filing of a petition for adoption in the juvenile court, order that a hearing be set. The court shall proceed with the adoption after the appellate rights of the natural parents have been exhausted.
(2)Order, without termination of parental rights, the plan of tribal customary adoption, as described in Section 366.24, through tribal custom, traditions, or law of the Indian childs tribe, and upon the court affording the tribal customary adoption order full faith and credit at the continued selection and implementation hearing, order that a hearing be set pursuant to paragraph (2) of subdivision (e).
(3)Appoint a relative or relatives with whom the child is currently residing as legal guardian or guardians for the child, and order that letters of guardianship issue.
(4)On making a finding under paragraph (3) of subdivision (c), identify adoption or tribal customary adoption as the permanent placement goal and order that efforts be made to locate an appropriate adoptive family for the child within a period not to exceed 180 days.
(5)Appoint a nonrelative legal guardian for the child and order that letters of guardianship issue.
(6)Order that the child be permanently placed with a fit and willing relative, subject to the periodic review of the juvenile court under Section 366.3.
(7)Order that the child remain in foster care, subject to the conditions described in paragraph (4) of subdivision (c) and the periodic review of the juvenile court under Section 366.3.
In choosing among the above alternatives the court shall proceed pursuant to subdivision (c).
(c)(1)If the court determines, based on the assessment provided as ordered under subdivision (i) of Section 366.21, subdivision (b) of Section 366.22, or subdivision (b) of Section 366.25, and any other relevant evidence, by a clear and convincing standard, that it is likely the child will be adopted, the court shall terminate parental rights and order the child placed for adoption. The fact that the child is not yet placed in a preadoptive home nor with a relative or foster family who is prepared to adopt the child, shall not constitute a basis for the court to conclude that it is not likely the child will be adopted. A finding under subdivision (b) or paragraph (1) of subdivision (e) of Section 361.5 that reunification services shall not be offered, under subdivision (e) of Section 366.21 that the whereabouts of a parent have been unknown for six months or that the parent has failed to visit or contact the child for six months, or that the parent has been convicted of a felony indicating parental unfitness, or, under Section 366.21 or 366.22, that the court has continued to remove the child from the custody of the parent or guardian and has terminated reunification services, shall constitute a sufficient basis for termination of parental rights. Under these circumstances, the court shall terminate parental rights unless either of the following applies:
(A)The child is living with a relative who is unable or unwilling to adopt the child because of circumstances that do not include an unwillingness to accept legal or financial responsibility for the child, but who is willing and capable of providing the child with a stable and permanent environment through legal guardianship, and the removal of the child from the custody of his or her relative would be detrimental to the emotional well-being of the child. For purposes of an Indian child, relative shall include an extended family member, as defined in the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1903(2)).
(B)The court finds a compelling reason for determining that termination would be detrimental to the child due to one or more of the following circumstances:
(i)The parents have maintained regular visitation and contact with the child and the child would benefit from continuing the relationship.
(ii)A child 12 years of age or older objects to termination of parental rights.
(iii)The child is placed in a residential treatment facility, adoption is unlikely or undesirable, and continuation of parental rights will not prevent finding the child a permanent family placement if the parents cannot resume custody when residential care is no longer needed.
(iv)The child is living with a foster parent or Indian custodian who is unable or unwilling to adopt the child because of exceptional circumstances, that do not include an unwillingness to accept legal or financial responsibility for the child, but who is willing and capable of providing the child with a stable and permanent environment and the removal of the child from the physical custody of his or her foster parent or Indian custodian would be detrimental to the emotional well-being of the child. This clause does not apply to any child who is either (I) under six years of age or (II) a member of a sibling group where at least one child is under six years of age and the siblings are, or should be, permanently placed together.
(v)There would be substantial interference with a childs sibling relationship, taking into consideration the nature and extent of the relationship, including, but not limited to, whether the child was raised with a sibling in the same home, whether the child shared significant common experiences or has existing close and strong bonds with a sibling, and whether ongoing contact is in the childs best interest, including the childs long-term emotional interest, as compared to the benefit of legal permanence through adoption.
(vi)The child is an Indian child and there is a compelling reason for determining that termination of parental rights would not be in the best interest of the child, including, but not limited to:
(I)Termination of parental rights would substantially interfere with the childs connection to his or her tribal community or the childs tribal membership rights.
(II)The childs tribe has identified guardianship, foster care with a fit and willing relative, tribal customary adoption, or another planned permanent living arrangement for the child.
(III)The child is a nonminor dependent, and the nonminor and the nonminors tribe have identified tribal customary adoption for the nonminor.
(C)For purposes of subparagraph (B), in the case of tribal customary adoptions, Section 366.24 shall apply.
(D)If the court finds that termination of parental rights would be detrimental to the child pursuant to clause (i), (ii), (iii), (iv), (v), or (vi), it shall state its reasons in writing or on the record.
(2)The court shall not terminate parental rights if:
(A)At each hearing at which the court was required to consider reasonable efforts or services, the court has found that reasonable efforts were not made or that reasonable services were not offered or provided.
(B)In the case of an Indian child:
(i)At the hearing terminating parental rights, the court has found that active efforts were not made as required in Section 361.7.
(ii)The court does not make a determination at the hearing terminating parental rights, supported by evidence beyond a reasonable doubt, including testimony of one or more qualified expert witnesses as defined in Section 224.6, that the continued custody of the child by the parent is likely to result in serious emotional or physical damage to the child.
(iii)The court has ordered tribal customary adoption pursuant to Section 366.24.
(3)If the court finds that termination of parental rights would not be detrimental to the child pursuant to paragraph (1) and that the child has a probability for adoption but is difficult to place for adoption and there is no identified or available prospective adoptive parent, the court may identify adoption as the permanent placement goal and, without terminating parental rights, order that efforts be made to locate an appropriate adoptive family for the child, within the state or out of the state, within a period not to exceed 180 days. During this 180-day period, the public agency responsible for seeking adoptive parents for each child shall, to the extent possible, ask each child who is 10 years of age or older to identify any individuals, other than the childs siblings, who are important to the child, in order to identify potential adoptive parents. The public agency may ask any other child to provide that information, as appropriate. During the 180-day period, the public agency shall, to the extent possible, contact other private and public adoption agencies regarding the availability of the child for adoption. During the 180-day period, the public agency shall conduct the search for adoptive parents in the same manner as prescribed for children in Sections 8708 and 8709 of the Family Code. At the expiration of this period, another hearing shall be held and the court shall proceed pursuant to paragraph (1), (2), (3), (5), or (6) of subdivision (b). For purposes of this section, a child may only be found to be difficult to place for adoption if there is no identified or available prospective adoptive parent for the child because of the childs membership in a sibling group, or the presence of a diagnosed medical, physical, or mental handicap, or the child is seven years of age or older.
(4)(A)If the court finds that adoption of the child or termination of parental rights is not in the best interest of the child, because one of the conditions in clause (i), (ii), (iii), (iv), (v), or (vi) of subparagraph (B) of paragraph (1) or in paragraph (2) applies, the court shall order that the present caretakers or other appropriate persons shall become legal guardians of the child, or, in the case of an Indian child, consider a tribal customary adoption pursuant to Section 366.24. Legal guardianship shall be considered before continuing the child in foster care under any other permanent plan, if it is in the best interests of the child and if a suitable guardian can be found. If the child continues in foster care, the court shall make factual findings identifying any barriers to achieving adoption, tribal customary adoption in the case of an Indian child, legal guardianship, or placement with a fit and willing relative as of the date of the hearing. A child who is 10 years of age or older, shall be asked to identify any individuals, other than the childs siblings, who are important to the child, in order to identify potential guardians or, in the case of an Indian child, prospective tribal customary adoptive parents. The agency may ask any other child to provide that information, as appropriate.
(B)(i)If the child is living with an approved relative who is willing and capable of providing a stable and permanent environment, but not willing to become a legal guardian as of the hearing date, the court shall order a permanent plan of placement with a fit and willing relative, and the child shall not be removed from the home if the court finds the removal would be seriously detrimental to the emotional well-being of the child because the child has substantial psychological ties to the relative caretaker.
(ii)If the child is living with a nonrelative caregiver who is willing and capable of providing a stable and permanent environment, but not willing to become a legal guardian as of the hearing date, the court shall order that the child remain in foster care with a permanent plan of return home, adoption, legal guardianship, or placement with a fit and willing relative, as appropriate. If the child is 16 years of age or older, or a nonminor dependent, and no other permanent plan is appropriate at the time of the hearing, the court may order another planned permanent living arrangement, as described in paragraph (2) of subdivision (i) of Section 16501. Regardless of the age of the child, the child shall not be removed from the home if the court finds the removal would be seriously detrimental to the emotional well-being of the child because the child has substantial psychological ties to the caregiver.
(iii)If the child is living in a group home or, on or after January 1, 2017, a short-term residential therapeutic program, the court shall order that the child remain in foster care with a permanent plan of return home, adoption, tribal customary adoption in the case of an Indian child, legal guardianship, or placement with a fit and willing relative, as appropriate. If the child is 16 years of age or older, or a nonminor dependent, and no other permanent plan is appropriate at the time of the hearing, the court may order another planned permanent living arrangement, as described in paragraph (2) of subdivision (i) of Section 16501.
(C)The court shall also make an order for visitation with the parents or guardians unless the court finds by a preponderance of the evidence that the visitation would be detrimental to the physical or emotional well-being of the child.
(5)If the court finds that the child should not be placed for adoption, that legal guardianship shall not be established, that placement with a fit and willing relative is not appropriate as of the hearing date, and that there are no suitable foster parents except certified family homes or resource families of a foster family agency available to provide the child with a stable and permanent environment, the court may order the care, custody, and control of the child transferred from the county welfare department to a licensed foster family agency. The court shall consider the written recommendation of the county welfare director regarding the suitability of the transfer. The transfer shall be subject to further court orders.
The licensed foster family agency shall place the child in a suitable licensed or certified family home that has been certified by the agency as meeting licensing standards or with a resource family approved by the agency. The licensed foster family agency shall be responsible for supporting the child and providing appropriate services to the child, including those services ordered by the court. Responsibility for the support of the child shall not, in and of itself, create liability on the part of the foster family agency to third persons injured by the child. Those children whose care, custody, and control are transferred to a foster family agency shall not be eligible for foster care maintenance payments or child welfare services, except for emergency response services pursuant to Section 16504.
(d)The proceeding for the appointment of a guardian for a child who is a dependent of the juvenile court shall be in the juvenile court. If the court finds pursuant to this section that legal guardianship is the appropriate permanent plan, it shall appoint the legal guardian and issue letters of guardianship. The assessment prepared pursuant to subdivision (g) of Section 361.5, subdivision (i) of Section 366.21, subdivision (b) of Section 366.22, and subdivision (b) of Section 366.25 shall be read and considered by the court prior to the appointment, and this shall be reflected in the minutes of the court. The person preparing the assessment may be called and examined by any party to the proceeding.
(e)(1)The proceeding for the adoption of a child who is a dependent of the juvenile court shall be in the juvenile court if the court finds pursuant to this section that adoption is the appropriate permanent plan and the petition for adoption is filed in the juvenile court. Upon the filing of a petition for adoption, the juvenile court shall order that an adoption hearing be set. The court shall proceed with the adoption after the appellate rights of the natural parents have been exhausted. The full report required by Section 8715 of the Family Code shall be read and considered by the court prior to the adoption and this shall be reflected in the minutes of the court. The person preparing the report may be called and examined by any party to the proceeding. It is the intent of the Legislature, pursuant to this subdivision, to give potential adoptive parents the option of filing in the juvenile court the petition for the adoption of a child who is a dependent of the juvenile court. Nothing in this section is intended to prevent the filing of a petition for adoption in any other court as permitted by law, instead of in the juvenile court.
(2)In the case of an Indian child, if the Indian childs tribe has elected a permanent plan of tribal customary adoption, the court, upon receiving the tribal customary adoption order will afford the tribal customary adoption order full faith and credit to the same extent that the court would afford full faith and credit to the public acts, records, judicial proceedings, and judgments of any other entity. Upon a determination that the tribal customary adoption order may be afforded full faith and credit, consistent with Section 224.5, the court shall thereafter order a hearing to finalize the adoption be set upon the filing of the adoption petition. The prospective tribal customary adoptive parents and the child who is the subject of the tribal customary adoption petition shall appear before the court for the finalization hearing. The court shall thereafter issue an order of adoption pursuant to Section 366.24.
(3)If a child who is the subject of a finalized tribal customary adoption shows evidence of a developmental disability or mental illness as a result of conditions existing before the tribal customary adoption to the extent that the child cannot be relinquished to a licensed adoption agency on the grounds that the child is considered unadoptable, and of which condition the tribal customary adoptive parent or parents had no knowledge or notice before the entry of the tribal customary adoption order, a petition setting forth those facts may be filed by the tribal customary adoptive parent or parents with the juvenile court that granted the tribal customary adoption petition. If these facts are proved to the satisfaction of the juvenile court, it may make an order setting aside the tribal customary adoption order. The set-aside petition shall be filed within five years of the issuance of the tribal customary adoption order. The court clerk shall immediately notify the childs tribe and the department in Sacramento of the petition within 60 days after the notice of filing of the petition. The department shall file a full report with the court and shall appear before the court for the purpose of representing the child. Whenever a final decree of tribal customary adoption has been vacated or set aside, the child shall be returned to the custody of the county in which the proceeding for tribal customary adoption was finalized. The biological parent or parents of the child may petition for return of custody. The disposition of the child after the court has entered an order to set aside a tribal customary adoption shall include consultation with the childs tribe.
(f)At the beginning of any proceeding pursuant to this section, if the child or the parents are not being represented by previously retained or appointed counsel, the court shall proceed as follows:
(1)In accordance with subdivision (c) of Section 317, if a child before the court is without counsel, the court shall appoint counsel unless the court finds that the child would not benefit from the appointment of counsel. The court shall state on the record its reasons for that finding.
(2)If a parent appears without counsel and is unable to afford counsel, the court shall appoint counsel for the parent, unless this representation is knowingly and intelligently waived. The same counsel shall not be appointed to represent both the child and his or her parent. The public defender or private counsel may be appointed as counsel for the parent.
(3)Private counsel appointed under this section shall receive a reasonable sum for compensation and expenses, the amount of which shall be determined by the court. The amount shall be paid by the real parties in interest, other than the child, in any proportions the court deems just. However, if the court finds that any of the real parties in interest are unable to afford counsel, the amount shall be paid out of the general fund of the county.
(g)The court may continue the proceeding for a period of time not to exceed 30 days as necessary to appoint counsel, and to enable counsel to become acquainted with the case.
(h)(1)At all proceedings under this section, the court shall consider the wishes of the child and shall act in the best interests of the child.
(2)In accordance with Section 349, the child shall be present in court if the child or the childs counsel so requests or the court so orders. If the child is 10 years of age or older and is not present at a hearing held pursuant to this section, the court shall determine whether the minor was properly notified of his or her right to attend the hearing and inquire as to the reason why the child is not present.
(3)(A)The testimony of the child may be taken in chambers and outside the presence of the childs parent or parents, if the childs parent or parents are represented by counsel, the counsel is present, and any of the following circumstances exist:
(i)The court determines that testimony in chambers is necessary to ensure truthful testimony.
(ii)The child is likely to be intimidated by a formal courtroom setting.
(iii)The child is afraid to testify in front of his or her parent or parents.
(B)After testimony in chambers, the parent or parents of the child may elect to have the court reporter read back the testimony or have the testimony summarized by counsel for the parent or parents.
(C)The testimony of a child also may be taken in chambers and outside the presence of the guardian or guardians of a child under the circumstances specified in this subdivision.
(i)(1)Any order of the court permanently terminating parental rights under this section shall be conclusive and binding upon the child, upon the parent or parents and, upon all other persons who have been served with citation by publication or otherwise as provided in this chapter. After making the order, the juvenile court shall have no power to set aside, change, or modify it, except as provided in paragraph (2), but nothing in this section shall be construed to limit the right to appeal the order.
(2)A tribal customary adoption order evidencing that the Indian child has been the subject of a tribal customary adoption shall be afforded full faith and credit and shall have the same force and effect as an order of adoption authorized by this section. The rights and obligations of the parties as to the matters determined by the Indian childs tribe shall be binding on all parties. A court shall not order compliance with the order absent a finding that the party seeking the enforcement participated, or attempted to participate, in good faith, in family mediation services of the court or dispute resolution through the tribe regarding the conflict, prior to the filing of the enforcement action.
(3)A child who has not been adopted after the passage of at least three years from the date the court terminated parental rights and for whom the court has determined that adoption is no longer the permanent plan may petition the juvenile court to reinstate parental rights pursuant to the procedure prescribed by Section 388. The child may file the petition prior to the expiration of this three-year period if the State Department of Social Services, county adoption agency, or licensed adoption agency that is responsible for custody and supervision of the child as described in subdivision (j) and the child stipulate that the child is no longer likely to be adopted. A child over 12 years of age shall sign the petition in the absence of a showing of good cause as to why the child could not do so. If it appears that the best interests of the child may be promoted by reinstatement of parental rights, the court shall order that a hearing be held and shall give prior notice, or cause prior notice to be given, to the social worker or probation officer and to the childs attorney of record, or, if there is no attorney of record for the child, to the child, and the childs tribe, if applicable, by means prescribed by subdivision (c) of Section 297. The court shall order the child or the social worker or probation officer to give prior notice of the hearing to the childs former parent or parents whose parental rights were terminated in the manner prescribed by subdivision (f) of Section 294 where the recommendation is adoption. The juvenile court shall grant the petition if it finds by clear and convincing evidence that the child is no longer likely to be adopted and that reinstatement of parental rights is in the childs best interest. If the court reinstates parental rights over a child who is under 12 years of age and for whom the new permanent plan will not be reunification with a parent or legal guardian, the court shall specify the factual basis for its findings that it is in the best interest of the child to reinstate parental rights. This subdivision is intended to be retroactive and applies to any child who is under the jurisdiction of the juvenile court at the time of the hearing regardless of the date parental rights were terminated.
(j)If the court, by order or judgment, declares the child free from the custody and control of both parents, or one parent if the other does not have custody and control, or declares the child eligible for tribal customary adoption, the court shall at the same time order the child referred to the State Department of Social Services, county adoption agency, or licensed adoption agency for adoptive placement by the agency. However, except in the case of a tribal customary adoption where there is no termination of parental rights, a petition for adoption may not be granted until the appellate rights of the natural parents have been exhausted. The State Department of Social Services, county adoption agency, or licensed adoption agency shall be responsible for the custody and supervision of the child and shall be entitled to the exclusive care and control of the child at all times until a petition for adoption or tribal customary adoption is granted, except as specified in subdivision (n). With the consent of the agency, the court may appoint a guardian of the child, who shall serve until the child is adopted.
(k)(1)Notwithstanding any other law, the application of any person who, as a relative caretaker or foster parent, has cared for a dependent child for whom the court has approved a permanent plan for adoption, or who has been freed for adoption, shall be given preference with respect to that child over all other applications for adoptive placement if the agency making the placement determines that the child has substantial emotional ties to the relative caretaker or foster parent and removal from the relative caretaker or foster parent would be seriously detrimental to the childs emotional well-being.
(2)As used in this subdivision, preference means that the application shall be processed and, if satisfactory, the family study shall be completed before the processing of the application of any other person for the adoptive placement of the child.
(l)(1)An order by the court that a hearing pursuant to this section be held is not appealable at any time unless all of the following apply:
(A)A petition for extraordinary writ review was filed in a timely manner.
(B)The petition substantively addressed the specific issues to be challenged and supported that challenge by an adequate record.
(C)The petition for extraordinary writ review was summarily denied or otherwise not decided on the merits.
(2)Failure to file a petition for extraordinary writ review within the period specified by rule, to substantively address the specific issues challenged, or to support that challenge by an adequate record shall preclude subsequent review by appeal of the findings and orders made pursuant to this section.
(3)The Judicial Council shall adopt rules of court, effective January 1, 1995, to ensure all of the following:
(A)A trial court, after issuance of an order directing a hearing pursuant to this section be held, shall advise all parties of the requirement of filing a petition for extraordinary writ review as set forth in this subdivision in order to preserve any right to appeal in these issues.
(i)If a party is present at the time of the making of the order, the notice shall be made orally to the party.
(ii)If the party is not present at the time of making the order, the notice shall be made by the clerk of the court by first-class mail to the last known address of a party or by electronic service pursuant to Section 212.5. If the notice is for a hearing at which the social worker will recommend the termination of parental rights, the notice may be electronically served pursuant to Section 212.5, but only in addition to service of the notice by first-class mail.
(B)The prompt transmittal of the records from the trial court to the appellate court.
(C)That adequate time requirements for counsel and court personnel exist to implement the objective of this subdivision.
(D)That the parent or guardian, or their trial counsel or other counsel, is charged with the responsibility of filing a petition for extraordinary writ relief pursuant to this subdivision.
(4)The intent of this subdivision is to do both of the following:
(A)Make every reasonable attempt to achieve a substantive and meritorious review by the appellate court within the time specified in Sections 366.21, 366.22, and 366.25 for holding a hearing pursuant to this section.
(B)Encourage the appellate court to determine all writ petitions filed pursuant to this subdivision on their merits.
(5)This subdivision shall only apply to cases in which an order to set a hearing pursuant to this section is issued on or after January 1, 1995.
(m)Except for subdivision (j), this section shall also apply to minors adjudged wards pursuant to Section 727.31.
(n)(1)Notwithstanding Section 8704 of the Family Code or any other law, the court, at a hearing held pursuant to this section or anytime thereafter, may designate a current caretaker as a prospective adoptive parent if the child has lived with the caretaker for at least six months, the caretaker currently expresses a commitment to adopt the child, and the caretaker has taken at least one step to facilitate the adoption process. In determining whether to make that designation, the court may take into consideration whether the caretaker is listed in the preliminary assessment prepared by the county department in accordance with subdivision (i) of Section 366.21 as an appropriate person to be considered as an adoptive parent for the child and the recommendation of the State Department of Social Services, county adoption agency, or licensed adoption agency.
(2)For purposes of this subdivision, steps to facilitate the adoption process include, but are not limited to, the following:
(A)Applying for an adoption homestudy.
(B)Cooperating with an adoption homestudy.
(C)Being designated by the court or the adoption agency as the adoptive family.
(D)Requesting de facto parent status.
(E)Signing an adoptive placement agreement.
(F)Engaging in discussions regarding a postadoption contact agreement.
(G)Working to overcome any impediments that have been identified by the State Department of Social Services, county adoption agency, or licensed adoption agency.
(H)Attending classes required of prospective adoptive parents.
(3)Prior to a change in placement and as soon as possible after a decision is made to remove a child from the home of a designated prospective adoptive parent, the agency shall notify the court, the designated prospective adoptive parent or the current caretaker, if that caretaker would have met the threshold criteria to be designated as a prospective adoptive parent pursuant to paragraph (1) on the date of service of this notice, the childs attorney, and the child, if the child is 10 years of age or older, of the proposal in the manner described in Section 16010.6.
(A)Within five court days or seven calendar days, whichever is longer, of the date of notification, the child, the childs attorney, or the designated prospective adoptive parent may file a petition with the court objecting to the proposal to remove the child, or the court, upon its own motion, may set a hearing regarding the proposal. The court may, for good cause, extend the filing period. A caretaker who would have met the threshold criteria to be designated as a prospective adoptive parent pursuant to paragraph (1) on the date of service of the notice of proposed removal of the child may file, together with the petition under this subparagraph, a petition for an order designating the caretaker as a prospective adoptive parent for purposes of this subdivision.
(B)A hearing ordered pursuant to this paragraph shall be held as soon as possible and not later than five court days after the petition is filed with the court or the court sets a hearing upon its own motion, unless the court for good cause is unable to set the matter for hearing five court days after the petition is filed, in which case the court shall set the matter for hearing as soon as possible. At the hearing, the court shall determine whether the caretaker has met the threshold criteria to be designated as a prospective adoptive parent pursuant to paragraph (1), and whether the proposed removal of the child from the home of the designated prospective adoptive parent is in the childs best interest, and the child may not be removed from the home of the designated prospective adoptive parent unless the court finds that removal is in the childs best interest. If the court determines that the caretaker did not meet the threshold criteria to be designated as a prospective adoptive parent on the date of service of the notice of proposed removal of the child, the petition objecting to the proposed removal filed by the caretaker shall be dismissed. If the caretaker was designated as a prospective adoptive parent prior to this hearing, the court shall inquire into any progress made by the caretaker towards the adoption of the child since the caretaker was designated as a prospective adoptive parent.
(C)A determination by the court that the caretaker is a designated prospective adoptive parent pursuant to paragraph (1) or subparagraph (B) does not make the caretaker a party to the dependency proceeding nor does it confer on the caretaker any standing to object to any other action of the department, county adoption agency, or licensed adoption agency, unless the caretaker has been declared a de facto parent by the court prior to the notice of removal served pursuant to paragraph (3).
(D)If a petition objecting to the proposal to remove the child is not filed, and the court, upon its own motion, does not set a hearing, the child may be removed from the home of the designated prospective adoptive parent without a hearing.
(4)Notwithstanding paragraph (3), if the State Department of Social Services, county adoption agency, or licensed adoption agency determines that the child must be removed from the home of the caretaker who is or may be a designated prospective adoptive parent immediately, due to a risk of physical or emotional harm, the agency may remove the child from that home and is not required to provide notice prior to the removal. However, as soon as possible and not longer than two court days after the removal, the agency shall notify the court, the caretaker who is or may be a designated prospective adoptive parent, the childs attorney, and the child, if the child is 10 years of age or older, of the removal. Within five court days or seven calendar days, whichever is longer, of the date of notification of the removal, the child, the childs attorney, or the caretaker who is or may be a designated prospective adoptive parent may petition for, or the court on its own motion may set, a noticed hearing pursuant to paragraph (3). The court may, for good cause, extend the filing period.
(5)Except as provided in subdivision (b) of Section 366.28, an order by the court issued after a hearing pursuant to this subdivision shall not be appealable.
(6)Nothing in this section shall preclude a county child protective services agency from fully investigating and responding to alleged abuse or neglect of a child pursuant to Section 11165.5 of the Penal Code.
(7)The Judicial Council shall prepare forms to facilitate the filing of the petitions described in this subdivision, which shall become effective on January 1, 2006.
SEC. 134.5.Section 366.26 of the Welfare and Institutions Code is amended to read:366.26.(a)This section applies to children who are adjudged dependent children of the juvenile court pursuant to subdivision (d) of Section 360. The procedures specified in this section are the exclusive procedures for conducting these hearings. The procedures in Part 2 (commencing with Section 3020) of Division 8 of the Family Code are not applicable to these proceedings. Section 8616.5 of the Family Code is applicable and available to all dependent children meeting the requirements of that section, if the postadoption contact agreement has been entered into voluntarily. For children who are adjudged dependent children of the juvenile court pursuant to subdivision (d) of Section 360, this section, and Sections 8604, 8605, 8606, and 8700 of the Family Code and Chapter 5 (commencing with Section 7660) of Part 3 of Division 12 of the Family Code specify the exclusive procedures for permanently terminating parental rights with regard to, or establishing legal guardianship of, the child while the child is a dependent child of the juvenile court.
(b)At the hearing, which shall be held in juvenile court for all children who are dependents of the juvenile court, the court, in order to provide stable, permanent homes for these children, shall review the report as specified in Section 361.5, 366.21, 366.22, or 366.25, shall indicate that the court has read and considered it, shall receive other evidence that the parties may present, and then shall make findings and orders in the following order of preference:
(1)Terminate the rights of the parent or parents and order that the child be placed for adoption and, upon the filing of a petition for adoption in the juvenile court, order that a hearing be set. The court shall proceed with the adoption after the appellate rights of the natural parents have been exhausted.
(2)Order, without termination of parental rights, the plan of tribal customary adoption, as described in Section 366.24, through tribal custom, traditions, or law of the Indian childs tribe, and upon the court affording the tribal customary adoption order full faith and credit at the continued selection and implementation hearing, order that a hearing be set pursuant to paragraph (2) of subdivision (e).
(3)Appoint a relative or relatives with whom the child is currently residing as legal guardian or guardians for the child, and order that letters of guardianship issue.
(4)On making a finding under paragraph (3) of subdivision (c), identify adoption or tribal customary adoption as the permanent placement goal and order that efforts be made to locate an appropriate adoptive family for the child within a period not to exceed 180 days.
(5)Appoint a nonrelative legal guardian for the child and order that letters of guardianship issue.
(6)Order that the child be permanently placed with a fit and willing relative, subject to the periodic review of the juvenile court under Section 366.3.
(7)Order that the child remain in foster care, subject to the conditions described in paragraph (4) of subdivision (c) and the periodic review of the juvenile court under Section 366.3.
In choosing among the alternatives in this subdivision, the court shall proceed pursuant to subdivision (c).
(c)(1)If the court determines, based on the assessment provided as ordered under subdivision (i) of Section 366.21, subdivision (b) of Section 366.22, or subdivision (b) of Section 366.25, and any other relevant evidence, by a clear and convincing standard, that it is likely the child will be adopted, the court shall terminate parental rights and order the child placed for adoption. The fact that the child is not yet placed in a preadoptive home nor with a relative or foster family who is prepared to adopt the child, shall not constitute a basis for the court to conclude that it is not likely the child will be adopted. A finding under subdivision (b) or paragraph (1) of subdivision (e) of Section 361.5 that reunification services shall not be offered, under subdivision (e) of Section 366.21 that the whereabouts of a parent have been unknown for six months or that the parent has failed to visit or contact the child for six months, or that the parent has been convicted of a felony indicating parental unfitness, or, under Section 366.21 or 366.22, that the court has continued to remove the child from the custody of the parent or guardian and has terminated reunification services, shall constitute a sufficient basis for termination of parental rights. Under these circumstances, the court shall terminate parental rights unless either of the following applies:
(A)The child is living with a relative who is unable or unwilling to adopt the child because of circumstances that do not include an unwillingness to accept legal or financial responsibility for the child, but who is willing and capable of providing the child with a stable and permanent environment through legal guardianship, and the removal of the child from the custody of his or her relative would be detrimental to the emotional well-being of the child. For purposes of an Indian child, relative shall include an extended family member, as defined in the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1903(2)).
(B)The court finds a compelling reason for determining that termination would be detrimental to the child due to one or more of the following circumstances:
(i)The parents have maintained regular visitation and contact with the child and the child would benefit from continuing the relationship.
(ii)A child 12 years of age or older objects to termination of parental rights.
(iii)The child is placed in a residential treatment facility, adoption is unlikely or undesirable, and continuation of parental rights will not prevent finding the child a permanent family placement if the parents cannot resume custody when residential care is no longer needed.
(iv)The child is living with a foster parent or Indian custodian who is unable or unwilling to adopt the child because of exceptional circumstances, that do not include an unwillingness to accept legal or financial responsibility for the child, but who is willing and capable of providing the child with a stable and permanent environment and the removal of the child from the physical custody of his or her foster parent or Indian custodian would be detrimental to the emotional well-being of the child. This clause does not apply to any child who is either (I) under six years of age or (II) a member of a sibling group where at least one child is under six years of age and the siblings are, or should be, permanently placed together.
(v)There would be substantial interference with a childs sibling relationship, taking into consideration the nature and extent of the relationship, including, but not limited to, whether the child was raised with a sibling in the same home, whether the child shared significant common experiences or has existing close and strong bonds with a sibling, and whether ongoing contact is in the childs best interest, including the childs long-term emotional interest, as compared to the benefit of legal permanence through adoption.
(vi)The child is an Indian child and there is a compelling reason for determining that termination of parental rights would not be in the best interest of the child, including, but not limited to:
(I)Termination of parental rights would substantially interfere with the childs connection to his or her tribal community or the childs tribal membership rights.
(II)The childs tribe has identified guardianship, foster care with a fit and willing relative, tribal customary adoption, or another planned permanent living arrangement for the child.
(III)The child is a nonminor dependent, and the nonminor and the nonminors tribe have identified tribal customary adoption for the nonminor.
(C)For purposes of subparagraph (B), in the case of tribal customary adoptions, Section 366.24 shall apply.
(D)If the court finds that termination of parental rights would be detrimental to the child pursuant to clause (i), (ii), (iii), (iv), (v), or (vi), it shall state its reasons in writing or on the record.
(2)The court shall not terminate parental rights if:
(A)At each hearing at which the court was required to consider reasonable efforts or services, the court has found that reasonable efforts were not made or that reasonable services were not offered or provided.
(B)In the case of an Indian child:
(i)At the hearing terminating parental rights, the court has found that active efforts were not made as required in Section 361.7.
(ii)The court does not make a determination at the hearing terminating parental rights, supported by evidence beyond a reasonable doubt, including testimony of one or more qualified expert witnesses as defined in Section 224.6, that the continued custody of the child by the parent is likely to result in serious emotional or physical damage to the child.
(iii)The court has ordered tribal customary adoption pursuant to Section 366.24.
(3)If the court finds that termination of parental rights would not be detrimental to the child pursuant to paragraph (1) and that the child has a probability for adoption but is difficult to place for adoption and there is no identified or available prospective adoptive parent, the court may identify adoption as the permanent placement goal and, without terminating parental rights, order that efforts be made to locate an appropriate adoptive family for the child, within the state or out of the state, within a period not to exceed 180 days. During this 180-day period, the public agency responsible for seeking adoptive parents for each child shall, to the extent possible, ask each child who is 10 years of age or older to identify any individuals, other than the childs siblings, who are important to the child, in order to identify potential adoptive parents. The public agency may ask any other child to provide that information, as appropriate. During the 180-day period, the public agency shall, to the extent possible, contact other private and public adoption agencies regarding the availability of the child for adoption. During the 180-day period, the public agency shall conduct the search for adoptive parents in the same manner as prescribed for children in Sections 8708 and 8709 of the Family Code. At the expiration of this period, another hearing shall be held and the court shall proceed pursuant to paragraph (1), (2), (3), (5), or (6) of subdivision (b). For purposes of this section, a child may only be found to be difficult to place for adoption if there is no identified or available prospective adoptive parent for the child because of the childs membership in a sibling group, or the presence of a diagnosed medical, physical, or mental handicap, or the child is seven years of age or older.
(4)(A)If the court finds that adoption of the child or termination of parental rights is not in the best interest of the child, because one of the conditions in clause (i), (ii), (iii), (iv), (v), or (vi) of subparagraph (B) of paragraph (1) or in paragraph (2) applies, the court shall order that the present caretakers or other appropriate persons shall become legal guardians of the child, or, in the case of an Indian child, consider a tribal customary adoption pursuant to Section 366.24. Legal guardianship shall be considered before continuing the child in foster care under any other permanent plan, if it is in the best interests of the child and if a suitable guardian can be found. If the child continues in foster care, the court shall make factual findings identifying any barriers to achieving adoption, tribal customary adoption in the case of an Indian child, legal guardianship, or placement with a fit and willing relative as of the date of the hearing. A child who is 10 years of age or older, shall be asked to identify any individuals, other than the childs siblings, who are important to the child, in order to identify potential guardians or, in the case of an Indian child, prospective tribal customary adoptive parents. The agency may ask any other child to provide that information, as appropriate.
(B)(i)If the child is living with an approved relative who is willing and capable of providing a stable and permanent environment, but not willing to become a legal guardian as of the hearing date, the court shall order a permanent plan of placement with a fit and willing relative, and the child shall not be removed from the home if the court finds the removal would be seriously detrimental to the emotional well-being of the child because the child has substantial psychological ties to the relative caretaker.
(ii)If the child is living with a nonrelative caregiver who is willing and capable of providing a stable and permanent environment, but not willing to become a legal guardian as of the hearing date, the court shall order that the child remain in foster care with a permanent plan of return home, adoption, legal guardianship, or placement with a fit and willing relative, as appropriate. If the child is 16 years of age or older, or a nonminor dependent, and no other permanent plan is appropriate at the time of the hearing, the court may order another planned permanent living arrangement, as described in paragraph (2) of subdivision (i) of Section 16501. Regardless of the age of the child, the child shall not be removed from the home if the court finds the removal would be seriously detrimental to the emotional well-being of the child because the child has substantial psychological ties to the caregiver.
(iii)If the child is living in a group home or, on or after January 1, 2017, a short-term residential therapeutic program, the court shall order that the child remain in foster care with a permanent plan of return home, adoption, tribal customary adoption in the case of an Indian child, legal guardianship, or placement with a fit and willing relative, as appropriate. If the child is 16 years of age or older, or a nonminor dependent, and no other permanent plan is appropriate at the time of the hearing, the court may order another planned permanent living arrangement, as described in paragraph (2) of subdivision (i) of Section 16501.
(C)The court shall also make an order for visitation with the parents or guardians unless the court finds by a preponderance of the evidence that the visitation would be detrimental to the physical or emotional well-being of the child.
(5)If the court finds that the child should not be placed for adoption, that legal guardianship shall not be established, that placement with a fit and willing relative is not appropriate as of the hearing date, and that there are no suitable foster parents except certified family homes or resource families of a foster family agency available to provide the child with a stable and permanent environment, the court may order the care, custody, and control of the child transferred from the county welfare department to a licensed foster family agency. The court shall consider the written recommendation of the county welfare director regarding the suitability of the transfer. The transfer shall be subject to further court orders.
The licensed foster family agency shall place the child in a suitable licensed or certified family home that has been certified by the agency as meeting licensing standards or with a resource family approved by the agency. The licensed foster family agency shall be responsible for supporting the child and providing appropriate services to the child, including those services ordered by the court. Responsibility for the support of the child shall not, in and of itself, create liability on the part of the foster family agency to third persons injured by the child. Those children whose care, custody, and control are transferred to a foster family agency shall not be eligible for foster care maintenance payments or child welfare services, except for emergency response services pursuant to Section 16504.
(d)The proceeding for the appointment of a guardian for a child who is a dependent of the juvenile court shall be conducted in the juvenile court. If the court finds pursuant to this section that legal guardianship is the appropriate permanent plan, it shall appoint the legal guardian and issue letters of guardianship. The assessment prepared pursuant to subdivision (g) of Section 361.5, subdivision (i) of Section 366.21, subdivision (c) of Section 366.22, and subdivision (b) of Section 366.25 shall be read and considered by the court prior to the appointment, and this shall be reflected in the minutes of the court. The assessment may also include the naming of a prospective successor guardian, if one is identified. In the event of the incapacity or death of the appointed guardian, the named successor guardian may be assessed and appointed pursuant to this section. The person preparing the assessment may be called and examined by any party to the proceeding.
(e)(1)The proceeding for the adoption of a child who is a dependent of the juvenile court shall be conducted in the juvenile court if the court finds pursuant to this section that adoption is the appropriate permanent plan and the petition for adoption is filed in the juvenile court. Upon the filing of a petition for adoption, the juvenile court shall order that an adoption hearing be set. The court shall proceed with the adoption after the appellate rights of the natural parents have been exhausted. The full report required by Section 8715 of the Family Code shall be read and considered by the court prior to the adoption and this shall be reflected in the minutes of the court. The person preparing the report may be called and examined by any party to the proceeding. It is the intent of the Legislature, pursuant to this subdivision, to give potential adoptive parents the option of filing in the juvenile court the petition for the adoption of a child who is a dependent of the juvenile court. Nothing in this section is intended to prevent the filing of a petition for adoption in any other court as permitted by law, instead of in the juvenile court.
(2)In the case of an Indian child, if the Indian childs tribe has elected a permanent plan of tribal customary adoption, the court, upon receiving the tribal customary adoption order will afford the tribal customary adoption order full faith and credit to the same extent that the court would afford full faith and credit to the public acts, records, judicial proceedings, and judgments of any other entity. Upon a determination that the tribal customary adoption order may be afforded full faith and credit, consistent with Section 224.5, the court shall thereafter order a hearing to finalize the adoption be set upon the filing of the adoption petition. The prospective tribal customary adoptive parents and the child who is the subject of the tribal customary adoption petition shall appear before the court for the finalization hearing. The court shall thereafter issue an order of adoption pursuant to Section 366.24.
(3)If a child who is the subject of a finalized tribal customary adoption shows evidence of a developmental disability or mental illness as a result of conditions existing before the tribal customary adoption to the extent that the child cannot be relinquished to a licensed adoption agency on the grounds that the child is considered unadoptable, and of which condition the tribal customary adoptive parent or parents had no knowledge or notice before the entry of the tribal customary adoption order, a petition setting forth those facts may be filed by the tribal customary adoptive parent or parents with the juvenile court that granted the tribal customary adoption petition. If these facts are proved to the satisfaction of the juvenile court, it may make an order setting aside the tribal customary adoption order. The set-aside petition shall be filed within five years of the issuance of the tribal customary adoption order. The court clerk shall immediately notify the childs tribe and the department in Sacramento of the petition within 60 days after the notice of filing of the petition. The department shall file a full report with the court and shall appear before the court for the purpose of representing the child. Whenever a final decree of tribal customary adoption has been vacated or set aside, the child shall be returned to the custody of the county in which the proceeding for tribal customary adoption was finalized. The biological parent or parents of the child may petition for return of custody. The disposition of the child after the court has entered an order to set aside a tribal customary adoption shall include consultation with the childs tribe.
(f)At the beginning of any proceeding pursuant to this section, if the child or the parents are not being represented by previously retained or appointed counsel, the court shall proceed as follows:
(1)In accordance with subdivision (c) of Section 317, if a child before the court is without counsel, the court shall appoint counsel unless the court finds that the child would not benefit from the appointment of counsel. The court shall state on the record its reasons for that finding.
(2)If a parent appears without counsel and is unable to afford counsel, the court shall appoint counsel for the parent, unless this representation is knowingly and intelligently waived. The same counsel shall not be appointed to represent both the child and his or her parent. The public defender or private counsel may be appointed as counsel for the parent.
(3)Private counsel appointed under this section shall receive a reasonable sum for compensation and expenses, the amount of which shall be determined by the court. The amount shall be paid by the real parties in interest, other than the child, in any proportions the court deems just. However, if the court finds that any of the real parties in interest are unable to afford counsel, the amount shall be paid out of the general fund of the county.
(g)The court may continue the proceeding for a period of time not to exceed 30 days as necessary to appoint counsel, and to enable counsel to become acquainted with the case.
(h)(1)At all proceedings under this section, the court shall consider the wishes of the child and shall act in the best interests of the child.
(2)In accordance with Section 349, the child shall be present in court if the child or the childs counsel so requests or the court so orders. If the child is 10 years of age or older and is not present at a hearing held pursuant to this section, the court shall determine whether the minor was properly notified of his or her right to attend the hearing and inquire as to the reason why the child is not present.
(3)(A)The testimony of the child may be taken in chambers and outside the presence of the childs parent or parents, if the childs parent or parents are represented by counsel, the counsel is present, and any of the following circumstances exist:
(i)The court determines that testimony in chambers is necessary to ensure truthful testimony.
(ii)The child is likely to be intimidated by a formal courtroom setting.
(iii)The child is afraid to testify in front of his or her parent or parents.
(B)After testimony in chambers, the parent or parents of the child may elect to have the court reporter read back the testimony or have the testimony summarized by counsel for the parent or parents.
(C)The testimony of a child also may be taken in chambers and outside the presence of the guardian or guardians of a child under the circumstances specified in this subdivision.
(i)(1)Any order of the court permanently terminating parental rights under this section shall be conclusive and binding upon the child, upon the parent or parents and, upon all other persons who have been served with citation by publication or otherwise as provided in this chapter. After making the order, the juvenile court shall have no power to set aside, change, or modify it, except as provided in paragraph (2), but nothing in this section shall be construed to limit the right to appeal the order.
(2)A tribal customary adoption order evidencing that the Indian child has been the subject of a tribal customary adoption shall be afforded full faith and credit and shall have the same force and effect as an order of adoption authorized by this section. The rights and obligations of the parties as to the matters determined by the Indian childs tribe shall be binding on all parties. A court shall not order compliance with the order absent a finding that the party seeking the enforcement participated, or attempted to participate, in good faith, in family mediation services of the court or dispute resolution through the tribe regarding the conflict, prior to the filing of the enforcement action.
(3)A child who has not been adopted after the passage of at least three years from the date the court terminated parental rights and for whom the court has determined that adoption is no longer the permanent plan may petition the juvenile court to reinstate parental rights pursuant to the procedure prescribed by Section 388. The child may file the petition prior to the expiration of this three-year period if the State Department of Social Services, county adoption agency, or licensed adoption agency that is responsible for custody and supervision of the child as described in subdivision (j) and the child stipulate that the child is no longer likely to be adopted. A child over 12 years of age shall sign the petition in the absence of a showing of good cause as to why the child could not do so. If it appears that the best interests of the child may be promoted by reinstatement of parental rights, the court shall order that a hearing be held and shall give prior notice, or cause prior notice to be given, to the social worker or probation officer and to the childs attorney of record, or, if there is no attorney of record for the child, to the child, and the childs tribe, if applicable, by means prescribed by subdivision (c) of Section 297. The court shall order the child or the social worker or probation officer to give prior notice of the hearing to the childs former parent or parents whose parental rights were terminated in the manner prescribed by subdivision (f) of Section 294 where the recommendation is adoption. The juvenile court shall grant the petition if it finds by clear and convincing evidence that the child is no longer likely to be adopted and that reinstatement of parental rights is in the childs best interest. If the court reinstates parental rights over a child who is under 12 years of age and for whom the new permanent plan will not be reunification with a parent or legal guardian, the court shall specify the factual basis for its findings that it is in the best interest of the child to reinstate parental rights. This subdivision is intended to be retroactive and applies to any child who is under the jurisdiction of the juvenile court at the time of the hearing regardless of the date parental rights were terminated.
(j)If the court, by order or judgment, declares the child free from the custody and control of both parents, or one parent if the other does not have custody and control, or declares the child eligible for tribal customary adoption, the court shall at the same time order the child referred to the State Department of Social Services, county adoption agency, or licensed adoption agency for adoptive placement by the agency. However, except in the case of a tribal customary adoption where there is no termination of parental rights, a petition for adoption may not be granted until the appellate rights of the natural parents have been exhausted. The State Department of Social Services, county adoption agency, or licensed adoption agency shall be responsible for the custody and supervision of the child and shall be entitled to the exclusive care and control of the child at all times until a petition for adoption or tribal customary adoption is granted, except as specified in subdivision (n). With the consent of the agency, the court may appoint a guardian of the child, who shall serve until the child is adopted.
(k)(1)Notwithstanding any other law, the application of any person who, as a relative caretaker or foster parent, has cared for a dependent child for whom the court has approved a permanent plan for adoption, or who has been freed for adoption, shall be given preference with respect to that child over all other applications for adoptive placement if the agency making the placement determines that the child has substantial emotional ties to the relative caretaker or foster parent and removal from the relative caretaker or foster parent would be seriously detrimental to the childs emotional well-being.
(2)As used in this subdivision, preference means that the application shall be processed and, if satisfactory, the family study shall be completed before the processing of the application of any other person for the adoptive placement of the child.
(l)(1)An order by the court that a hearing pursuant to this section be held is not appealable at any time unless all of the following apply:
(A)A petition for extraordinary writ review was filed in a timely manner.
(B)The petition substantively addressed the specific issues to be challenged and supported that challenge by an adequate record.
(C)The petition for extraordinary writ review was summarily denied or otherwise not decided on the merits.
(2)Failure to file a petition for extraordinary writ review within the period specified by rule, to substantively address the specific issues challenged, or to support that challenge by an adequate record shall preclude subsequent review by appeal of the findings and orders made pursuant to this section.
(3)The Judicial Council shall adopt rules of court, effective January 1, 1995, to ensure all of the following:
(A)A trial court, after issuance of an order directing a hearing pursuant to this section be held, shall advise all parties of the requirement of filing a petition for extraordinary writ review as set forth in this subdivision in order to preserve any right to appeal in these issues.
(i)If a party is present at the time of the making of the order, the notice shall be made orally to the party.
(ii)If the party is not present at the time of making the order, the notice shall be made by the clerk of the court by first-class mail to the last known address of a party or by electronic service pursuant to Section 212.5. If the notice is for a hearing at which the social worker will recommend the termination of parental rights, the notice may be electronically served pursuant to Section 212.5, but only in addition to service of the notice by first-class mail.
(B)The prompt transmittal of the records from the trial court to the appellate court.
(C)That adequate time requirements for counsel and court personnel exist to implement the objective of this subdivision.
(D)That the parent or guardian, or their trial counsel or other counsel, is charged with the responsibility of filing a petition for extraordinary writ relief pursuant to this subdivision.
(4)The intent of this subdivision is to do both of the following:
(A)Make every reasonable attempt to achieve a substantive and meritorious review by the appellate court within the time specified in Sections 366.21, 366.22, and 366.25 for holding a hearing pursuant to this section.
(B)Encourage the appellate court to determine all writ petitions filed pursuant to this subdivision on their merits.
(5)This subdivision shall only apply to cases in which an order to set a hearing pursuant to this section is issued on or after January 1, 1995.
(m)Except for subdivision (j), this section shall also apply to minors adjudged wards pursuant to Section 727.31.
(n)(1)Notwithstanding Section 8704 of the Family Code or any other law, the court, at a hearing held pursuant to this section or anytime thereafter, may designate a current caretaker as a prospective adoptive parent if the child has lived with the caretaker for at least six months, the caretaker currently expresses a commitment to adopt the child, and the caretaker has taken at least one step to facilitate the adoption process. In determining whether to make that designation, the court may take into consideration whether the caretaker is listed in the preliminary assessment prepared by the county department in accordance with subdivision (i) of Section 366.21 as an appropriate person to be considered as an adoptive parent for the child and the recommendation of the State Department of Social Services, county adoption agency, or licensed adoption agency.
(2)For purposes of this subdivision, steps to facilitate the adoption process include, but are not limited to, the following:
(A)Applying for an adoption homestudy.
(B)Cooperating with an adoption homestudy.
(C)Being designated by the court or the adoption agency as the adoptive family.
(D)Requesting de facto parent status.
(E)Signing an adoptive placement agreement.
(F)Engaging in discussions regarding a postadoption contact agreement.
(G)Working to overcome any impediments that have been identified by the State Department of Social Services, county adoption agency, or licensed adoption agency.
(H)Attending classes required of prospective adoptive parents.
(3)Prior to a change in placement and as soon as possible after a decision is made to remove a child from the home of a designated prospective adoptive parent, the agency shall notify the court, the designated prospective adoptive parent or the current caretaker, if that caretaker would have met the threshold criteria to be designated as a prospective adoptive parent pursuant to paragraph (1) on the date of service of this notice, the childs attorney, and the child, if the child is 10 years of age or older, of the proposal in the manner described in Section 16010.6.
(A)Within five court days or seven calendar days, whichever is longer, of the date of notification, the child, the childs attorney, or the designated prospective adoptive parent may file a petition with the court objecting to the proposal to remove the child, or the court, upon its own motion, may set a hearing regarding the proposal. The court may, for good cause, extend the filing period. A caretaker who would have met the threshold criteria to be designated as a prospective adoptive parent pursuant to paragraph (1) on the date of service of the notice of proposed removal of the child may file, together with the petition under this subparagraph, a petition for an order designating the caretaker as a prospective adoptive parent for purposes of this subdivision.
(B)A hearing ordered pursuant to this paragraph shall be held as soon as possible and not later than five court days after the petition is filed with the court or the court sets a hearing upon its own motion, unless the court for good cause is unable to set the matter for hearing five court days after the petition is filed, in which case the court shall set the matter for hearing as soon as possible. At the hearing, the court shall determine whether the caretaker has met the threshold criteria to be designated as a prospective adoptive parent pursuant to paragraph (1), and whether the proposed removal of the child from the home of the designated prospective adoptive parent is in the childs best interest, and the child may not be removed from the home of the designated prospective adoptive parent unless the court finds that removal is in the childs best interest. If the court determines that the caretaker did not meet the threshold criteria to be designated as a prospective adoptive parent on the date of service of the notice of proposed removal of the child, the petition objecting to the proposed removal filed by the caretaker shall be dismissed. If the caretaker was designated as a prospective adoptive parent prior to this hearing, the court shall inquire into any progress made by the caretaker towards the adoption of the child since the caretaker was designated as a prospective adoptive parent.
(C)A determination by the court that the caretaker is a designated prospective adoptive parent pursuant to paragraph (1) or subparagraph (B) does not make the caretaker a party to the dependency proceeding nor does it confer on the caretaker any standing to object to any other action of the department, county adoption agency, or licensed adoption agency, unless the caretaker has been declared a de facto parent by the court prior to the notice of removal served pursuant to paragraph (3).
(D)If a petition objecting to the proposal to remove the child is not filed, and the court, upon its own motion, does not set a hearing, the child may be removed from the home of the designated prospective adoptive parent without a hearing.
(4)Notwithstanding paragraph (3), if the State Department of Social Services, county adoption agency, or licensed adoption agency determines that the child must be removed from the home of the caretaker who is or may be a designated prospective adoptive parent immediately, due to a risk of physical or emotional harm, the agency may remove the child from that home and is not required to provide notice prior to the removal. However, as soon as possible and not longer than two court days after the removal, the agency shall notify the court, the caretaker who is or may be a designated prospective adoptive parent, the childs attorney, and the child, if the child is 10 years of age or older, of the removal. Within five court days or seven calendar days, whichever is longer, of the date of notification of the removal, the child, the childs attorney, or the caretaker who is or may be a designated prospective adoptive parent may petition for, or the court on its own motion may set, a noticed hearing pursuant to paragraph (3). The court may, for good cause, extend the filing period.
(5)Except as provided in subdivision (b) of Section 366.28, an order by the court issued after a hearing pursuant to this subdivision shall not be appealable.
(6)Nothing in this section shall preclude a county child protective services agency from fully investigating and responding to alleged abuse or neglect of a child pursuant to Section 11165.5 of the Penal Code.
(7)The Judicial Council shall prepare forms to facilitate the filing of the petitions described in this subdivision, which shall become effective on January 1, 2006.
SEC. 135.Section 387 of the Welfare and Institutions Code is amended to read:387.(a)An order changing or modifying a previous order by removing a child from the physical custody of a parent, guardian, relative, or friend and directing placement in a foster home, or commitment to a private or county institution, shall be made only after noticed hearing upon a supplemental petition.
(b)The supplemental petition shall be filed by the social worker in the original matter and shall contain a concise statement of facts sufficient to support the conclusion that the previous disposition has not been effective in the rehabilitation or protection of the child or, in the case of a placement with a relative, sufficient to show that the placement is not appropriate in view of the criteria in Section 361.3.
(c)Notwithstanding subdivision (a), dependency jurisdiction shall be resumed for a child as to whom dependency jurisdiction has been suspended pursuant to Section 366.5 if the jurisdiction established pursuant to Section 601 or 602 is terminated and if, after the issuance of a joint assessment pursuant to Section 366.5, the court determines that the courts dependency jurisdiction should be resumed.
(d)Upon the filing of the supplemental petition, the clerk of the juvenile court shall immediately set the same for hearing within 30 days, and the social worker shall cause notice thereof to be served upon the persons and in the manner prescribed by Sections 290.1 and 291, except that service under this subdivision may be delivered by electronic service pursuant to Section 212.5.
(e)An order for the detention of the child pending adjudication of the petition may be made only after a hearing is conducted pursuant to Article 7 (commencing with Section 305).
SEC. 136.Section 607.2 of the Welfare and Institutions Code is amended to read:607.2.(a)(1)On and after January 1, 2012, the court shall hold a hearing prior to terminating jurisdiction over a ward who satisfies any of the following criteria:
(A)Is a minor subject to an order for foster care placement described in Section 11402 as a ward who has not previously been subject to the jurisdiction of the court as a result of a petition filed pursuant to Section 325.
(B)Is a nonminor who was subject to an order for foster care placement described in Section 11402 as a ward on the day he or she attained 18 years of age.
(C)Is a ward who was subject to an order for foster care placement described in Section 11402 as a dependent of the court at the time the court adjudged the child to be a ward of the court under Section 725.
(2)The notice of hearing under this subdivision may be served electronically pursuant to Section 212.5.
(b)At a hearing during which termination of jurisdiction over a ward described in subdivision (a) is being considered, the court shall take one of the following actions:
(1)Modify its jurisdiction from delinquency jurisdiction to transition jurisdiction, if the court finds the ward is a person described in Section 450.
(2)(A)For a ward who was not previously subject to the jurisdiction of the court as a result of a petition filed pursuant to Section 325, order the probation department or the wards attorney to submit an application to the child welfare services department pursuant to Section 329 to declare the minor a dependent of the court and modify the courts jurisdiction from delinquency jurisdiction to dependency jurisdiction, if the court finds all of the following:
(i)The ward is a minor.
(ii)The ward does not come within the description in Section 450, but jurisdiction as a ward may no longer be required.
(iii)The ward appears to come within the description of Section 300 and cannot be returned home safely.
(B)The court shall set a hearing within 20 judicial days of the date of the order described in subparagraph (A) to review the child welfare services departments decision and may either affirm its decision not to file a petition pursuant to Section 300 or order the child welfare services department to file a petition pursuant to Section 300. The notice of hearing under this subparagraph may be served electronically pursuant to Section 212.5.
(3)Vacate the order terminating jurisdiction over the minor as a dependent of the court, resume jurisdiction pursuant to Section 300 based on the prior petition filed pursuant to Section 325, and terminate the courts jurisdiction over the minor as a ward, if the minor was subject to an order for foster care placement described in Section 11402 as a dependent of the court at the time the court adjudged the minor to be a ward and assumed jurisdiction over the minor under Section 725.
(4)Continue its delinquency jurisdiction over a ward pursuant to Section 303 as a nonminor dependent, as defined in subdivision (v) of Section 11400, who is eligible to remain in foster care pursuant to Section 11403, if the ward is a nonminor and the court did not modify its jurisdiction as described in Section 450, unless the court finds that after reasonable and documented efforts, the ward cannot be located or does not wish to become a nonminor dependent. In making this finding and prior to entering an order terminating its delinquency jurisdiction, the court shall ensure that the ward has had an opportunity to confer with his or her counsel and has been informed of his or her options, including the right to reenter foster care placement by completing a voluntary reentry agreement as described in subdivision (z) of Section 11400 and to file a petition pursuant to subdivision (e) of Section 388 for the court to assume or resume transition jurisdiction over him or her pursuant to Section 450. The fact that a ward declines to be a nonminor dependent does not restrict the authority of the court to maintain delinquency jurisdiction pursuant to Section 607.
(5)Continue its delinquency jurisdiction.
(6)Terminate its delinquency jurisdiction if the ward does not come within the provisions of paragraphs (1) to (4), inclusive.
(c)If the court modifies jurisdiction, its order shall comply with the requirements of subdivision (f) of Section 241.1.
(d)This section shall not be construed as changing the requirements of Section 727.2 or 727.3 with respect to reunification of minors with their families or the establishment of an alternative permanent plan for minors for whom reunification is not pursued.
SEC. 137.Section 630 of the Welfare and Institutions Code is amended to read:630.(a)If the probation officer determines that the minor shall be retained in custody, he or she shall immediately proceed in accordance with Article 16 (commencing with Section 650) to cause the filing of a petition pursuant to Section 656 with the clerk of the juvenile court who shall set the matter for hearing on the detention calendar. Immediately upon filing the petition with the clerk of the juvenile court, if the minor is alleged to be a person described in Section 601 or 602, the probation officer or the prosecuting attorney shall serve the minor with a copy of the petition and notify him or her of the time and place of the detention hearing. The probation officer or the prosecuting attorney shall notify each parent or each guardian of the minor of the time and place of the hearing if the whereabouts of each parent or guardian can be ascertained by due diligence. Notice pursuant to this subdivision may be given orally and shall not be delivered electronically.
(b)In a hearing conducted pursuant to this section, the minor has a privilege against self-incrimination and has a right to confrontation by, and cross-examination of, any person examined by the court as provided in Section 635.
SEC. 138.Section 658 of the Welfare and Institutions Code is amended to read:658.(a)Except as provided in subdivision (b), upon the filing of the petition, the clerk of the juvenile court shall issue a notice, to which shall be attached a copy of the petition, and he or she shall cause the same to be served upon the minor, if the minor is eight or more years of age, and upon each of the persons described in subdivision (e) of Section 656 whose residence addresses are set forth in the petition and thereafter before the hearing upon all persons whose residence addresses become known to the clerk. If the court has ordered the care, custody, and control of the minor to be under the supervision of the probation officer for foster care placement pursuant to subdivision (a) of Section 727, the clerk shall also issue a copy of that notice to any foster parents, preadoptive parents, legal guardians, or relatives providing care to the minor. The clerk shall issue a copy of the petition, to the minors attorney and to 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. Service under this subdivision may be by electronic service pursuant to Section 212.5, except that electronic service is not authorized if the minor is detained and those persons entitled to notice are not present at the initial detention hearing.
(b)Upon the filing of a supplemental petition where the minor has been declared a ward of the court or a probationer under Section 602 in the original matter, the clerk of the juvenile court shall issue a notice, to which shall be attached a copy of the petition, and he or she shall cause the notice to be served upon the minor, if the minor is eight or more years of age, and upon each of the persons described in subdivision (e) of Section 656 whose residence addresses are set forth in the supplemental petition and thereafter known to the clerk. The clerk shall issue a copy of the supplemental petition to the minors attorney, and to the district attorney if the probation officer is the petitioner, or, to the probation officer if the district attorney is the petitioner, containing the time, date, and place of the hearing. If the court has ordered the care, custody, and control of the minor to be under the supervision of the probation officer for foster care placement pursuant to subdivision (a) of Section 727, the clerk shall also issue a copy of that notice to any foster parents, preadoptive parents, legal guardians, or relatives providing care to the minor. Service under this subdivision may be by electronic service pursuant to Section 212.5.
SEC. 139.Section 660 of the Welfare and Institutions Code is amended to read:660.(a)Except as provided in subdivision (b), if the minor is detained, the clerk of the juvenile court shall cause the notice and copy of the petition to be served on all persons required to receive that notice and copy of the petition pursuant to subdivision (e) of Section 656 and Section 658, either personally or by certified mail with request for return receipt, as soon as possible after filing of the petition and at least five days before the time set for hearing, unless the hearing is set less than five days from the filing of the petition, in which case, the notice and copy of the petition shall be served at least 24 hours before the time set for hearing. Service under this subdivision shall not be made by electronic service.
(b)If the minor is detained, and all persons entitled to notice pursuant to subdivision (e) of Section 656 and Section 658 were present at the detention hearing, the clerk of the juvenile court shall cause the notice and copy of the petition to be served on all persons required to receive the notice and copy of the petition, by personal service, by first-class mail, or by electronic service pursuant to Section 212.5, as soon as possible after the filing of the petition and at least five days before the time set for hearing, unless the hearing is set less than five days from the filing of the petition, in which case the notice and copy of the petition shall be served at least 24 hours before the time set for the hearing. Service under this subdivision may be by electronic service pursuant to Section 212.5 except that electronic service is not authorized if the minor is detained and those persons entitled to notice are not present at the detention hearing.
(c)If the minor is not detained, the clerk of the juvenile court shall cause the notice and copy of the petition to be served on all persons required to receive the notice and copy of the petition, by personal service, by first-class mail, or by electronic service pursuant to Section 212.5 at least 10 days before the time set for hearing. If that person is known to reside outside of the county, the clerk of the juvenile court shall serve the notice and copy of the petition, by first-class mail or by electronic service pursuant to Section 212.5, 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 shall in no way result in arrest or detention. In the instance of failure to appear after notice by first-class mail or by electronic service pursuant to Section 212.5, the court shall direct that the notice and copy of the petition is to be personally served on all persons required to receive the notice and a copy of the petition. However, if the whereabouts of the minor are unknown, personal service of the notice and a copy of the petition is not required and a warrant for the arrest of the minor may be issued pursuant to Section 663. 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 or electronic service. 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)For purposes of this section, service on the minors attorney shall constitute service on the minors parent or legal guardian.
SEC. 140.Section 661 of the Welfare and Institutions Code is amended to read:661.(a)In addition to the notice provided in Sections 658 and 659, the juvenile court may issue a citation directing any parent, guardian, or foster parent of the person concerning whom a petition has been filed to appear at the time and place set for any hearing or financial evaluation under the provisions of this chapter, including a hearing under the provisions of Section 257, and directing any person having custody or control of the minor concerning whom the petition has been filed to bring the minor with him or her.
(b)The notice shall in addition state that a parent, guardian, or foster parent may be required to participate in a counseling or education program with the minor concerning whom the petition has been filed.
(c)If the proceeding is one alleging that the minor comes within the provisions of Section 601, the notice shall in addition contain notice to the parent, guardian, or other person having control or charge of the minor that failure to comply with the compulsory school attendance laws is an infraction, which may be charged and prosecuted before the juvenile court judge sitting as a superior court judge. In those cases, the notice shall also include notice that the parent, guardian, or other person having control or charge of the minor has the right to a hearing on the infraction before a judge different than the judge who has heard or is to hear the proceeding pursuant to Section 601. The notice shall also explain the provisions of Section 170.6 of the Code of Civil Procedure.
(d)Personal service of the citation shall be made at least 24 hours before the time stated therein for the appearance. The citation may also be electronically served pursuant to Section 212.5, but only in addition to service by other forms of service required by law.
SEC. 141.Section 727.4 of the Welfare and Institutions Code is amended to read:727.4.(a)(1)Notice of any hearing pursuant to Section 727, 727.2, or 727.3 shall be served by the probation officer to the minor, the minors parent or guardian, any adult provider of care to the minor including, but not limited to, foster parents, relative caregivers, preadoptive parents, resource family, community care facility, or foster family agency, and to the counsel of record if the counsel of record was not present at the time that the hearing was set by the court, by first-class mail addressed to the last known address of the person to be notified, by personal service on those persons, or by electronic service pursuant to Section 212.5, not earlier than 30 days nor later than 15 days preceding the date of the hearing. The notice shall contain a statement regarding the nature of the status review or permanency planning hearing and any change in the custody or status of the minor being recommended by the probation department. The notice shall also include a statement informing the foster parents, relative caregivers, or preadoptive parents that he or she may attend all hearings or may submit any information he or she deems relevant to the court in writing. The foster parents, relative caregiver, and preadoptive parents are entitled to notice and opportunity to be heard but need not be made parties to the proceedings. Proof of notice shall be filed with the court.
(2)If the court or probation officer knows or has reason to know that the minor is or may be an Indian child, any notice sent under this section shall comply with the requirements of Section 224.2.
(b)At least 10 calendar days before each status review and permanency planning hearing, after the hearing during which the court orders that the care, custody, and control of the minor to be under the supervision of the probation officer for placement pursuant to subdivision (a) of Section 727, the probation officer shall file a social study report with the court, pursuant to the requirements listed in Section 706.5.
(c)The probation department shall inform the minor, the minors parent or guardian, and all counsel of record that a copy of the social study prepared for the hearing will be available 10 days before the hearing and may be obtained from the probation officer.
(d)As used in Article 15 (commencing with Section 625) to Article 18 (commencing with Section 725), inclusive:
(1)Foster care means residential care provided in any of the settings described in Section 11402 or 11402.01.
(2)At risk of entering foster care means that conditions within a minors family may necessitate his or her entry into foster care unless those conditions are resolved.
(3)Preadoptive parent means a licensed foster parent who has been approved for adoption by the State Department of Social Services when it is acting as an adoption agency or by a licensed adoption agency.
(4)Date of entry into foster care means the date that is 60 days after the date on which the minor was removed from his or her home, unless one of the exceptions below applies:
(A)If the minor is detained pending foster care placement, and remains detained for more than 60 days, then the date of entry into foster care means the date the court adjudges the minor a ward and orders the minor placed in foster care under the supervision of the probation officer.
(B)If, before the minor is placed in foster care, the minor is committed to a ranch, camp, school, or other institution pending placement, and remains in that facility for more than 60 days, then the date of entry into foster care is the date the minor is physically placed in foster care.
(C)If at the time the wardship petition was filed, the minor was a dependent of the juvenile court and in out-of-home placement, then the date of entry into foster care is the earlier of the date the juvenile court made a finding of abuse or neglect, or 60 days after the date on which the child was removed from his or her home.
(5)Reasonable efforts means:
(A)Efforts made to prevent or eliminate the need for removing the minor from the minors home.
(B)Efforts to make it possible for the minor to return home, including, but not limited to, case management, counseling, parenting training, mentoring programs, vocational training, educational services, substance abuse treatment, transportation, and therapeutic day services.
(C)Efforts to complete whatever steps are necessary to finalize a permanent plan for the minor.
(D)In child custody proceedings involving an Indian child, reasonable efforts shall also include active efforts as defined in Section 361.7.
(6)Relative means an adult who is related to the minor by blood, adoption, or affinity within the fifth degree of kinship including stepparents, stepsiblings, and all relatives whose status is preceded by the words great, great-great, grand, or the spouse of any of these persons even if the marriage was terminated by death or dissolution. Relative shall also include an extended family member as defined in the federal Indian Child Welfare Act (25 U.S.C. Sec. 1903(2)).
(7)Hearing means a noticed proceeding with findings and orders that are made on a case-by-case basis, heard by either of the following:
(A)A judicial officer, in a courtroom, recorded by a court reporter.
(B)An administrative panel, provided that the hearing is a status review hearing and that the administrative panel meets the following conditions:
(i)The administrative review shall be open to participation by the minor and parents or legal guardians and all those persons entitled to notice under subdivision (a).
(ii)The minor and his or her parents or legal guardians receive proper notice as required in subdivision (a).
(iii)The administrative review panel is composed of persons appointed by the presiding judge of the juvenile court, the membership of which shall include at least one person who is not responsible for the case management of, or delivery of services to, the minor or the parents who are the subjects of the review.
(iv)The findings of the administrative review panel shall be submitted to the juvenile court for the courts approval and shall become part of the official court record.
SEC. 142.Section 728 of the Welfare and Institutions Code is amended to read:728.(a)The juvenile court may terminate or modify a guardianship of the person of a minor previously established under the Probate Code, or appoint a coguardian or successor guardian of the person of the minor, if the minor is the subject of a petition filed under Section 300, 601, or 602. If the probation officer supervising the minor provides information to the court regarding the minors present circumstances and makes a recommendation to the court regarding a motion to terminate or modify a guardianship established in any county under the Probate Code, or to appoint a coguardian or successor guardian, of the person of a minor who is before the juvenile court under a petition filed under Section 300, 601, or 602, the court shall order the appropriate county department, or the district attorney or county counsel, to file the recommended motion. The motion may also be made by the guardian or the minors attorney. The hearing on the motion may be held simultaneously with any regularly scheduled hearing held in proceedings to declare the minor a dependent child or ward of the court, or at any subsequent hearing concerning the dependent child or ward. Notice requirements of Section 294 shall apply to the proceedings in juvenile court under this subdivision.
(b)If the juvenile court decides to terminate or modify a guardianship previously established under the Probate Code pursuant to subdivision (a), the juvenile court shall provide notice of that decision to the court in which the guardianship was originally established. The clerk of the superior court, upon receipt of the notice, shall file the notice with other documents and records of the pending proceeding and deliver by first-class mail or by electronic service pursuant to Section 1215 of the Probate Code a copy of the notice to all parties of record in the superior court.
(c)If, at any time during the period a minor under the age of 18 years is a ward of the juvenile court, the probation officer supervising the minor recommends to the court that the court establish a guardianship of the person of the minor and appoint a specific adult to act as guardian, or on the motion of the minors attorney, or on the order of the court that a guardianship shall be established as the minors permanent plan pursuant to paragraph (4) of subdivision (b) of Section 727.3, the court shall set a hearing to consider the recommendation or motion and shall order the clerk to notice the minors parents and relatives as required in Section 294. If the motion is not made by the minors attorney, the court may appoint the district attorney or county counsel to prosecute the action.
(d)The procedures for appointment of a guardian shall be conducted exclusively pursuant to Section 366.26, except that subdivision (j) of Section 366.26 shall not apply.
(e)Upon the appointment of a guardian pursuant to subdivision (d), the court may continue wardship and conditions of probation, or may terminate the wardship of the minor.
(f)Notwithstanding Section 1601 of the Probate Code, the proceedings to modify or terminate a guardianship granted under this section shall be held in the juvenile court unless the termination is due to the emancipation or adoption of the minor.
(g)The Judicial Council shall develop rules of court and adopt appropriate forms for the findings and orders under this section.
SEC. 143.Section 777 of the Welfare and Institutions Code is amended to read:777.An order changing or modifying a previous order by removing a minor from the physical custody of a parent, guardian, relative, or friend and directing placement in a foster home, or commitment to a private institution or commitment to a county institution, or an order changing or modifying a previous order by directing commitment to the Youth Authority shall be made only after a noticed hearing.
(a)The notice shall be made as follows:
(1)By the probation officer where a minor has been declared a ward of the court or a probationer under Section 601 in the original matter and shall contain a concise statement of facts sufficient to support the conclusion that the minor has violated an order of the court.
(2)By the probation officer or the prosecuting attorney if the minor is a court ward or probationer under Section 602 in the original matter and the notice alleges a violation of a condition of probation not amounting to a crime. The notice shall contain a concise statement of facts sufficient to support this conclusion.
(3)Where the probation officer is the petitioner pursuant to paragraph (2), prior to the attachment of jeopardy at the time of the jurisdictional hearing, the prosecuting attorney may make a motion to dismiss the notice and may request that the matter be referred to the probation officer for whatever action the prosecuting or probation officer may deem appropriate.
(b)Upon the filing of such notice, the clerk of the juvenile court shall immediately set the same for hearing within 30 days, and the probation officer shall cause notice of it to be served upon the persons and in the manner prescribed by Sections 658 and 660. Service under this subdivision may be by electronic service pursuant to Section 212.5.
(c)The facts alleged in the notice shall be established by a preponderance of the evidence at a hearing to change, modify, or set aside a previous order. The court may admit and consider reliable hearsay evidence at the hearing to the same extent that such evidence would be admissible in an adult probation revocation hearing, pursuant to the decision in People v. Brown, 215 Cal.App.3d (1989) and any other relevant provision of law.
(d)An order for the detention of the minor pending adjudication of the alleged violation may be made only after a hearing is conducted pursuant to Article 15 (commencing with Section 625) of this chapter. Service under this subdivision may be by electronic service pursuant to Section 212.5, but only in addition to other forms of service required by law.
SEC. 144.Section 778 of the Welfare and Institutions Code is amended to read:778.(a)(1)Any parent or other person having an interest in a child who is a ward of the juvenile court or the child himself or herself through a properly appointed guardian may, upon grounds of change of circumstance or new evidence, petition the court in the same action in which the child was found to be a ward of the juvenile court for a hearing to change, modify, or set aside any order of court previously made or to terminate the jurisdiction of the court. The petition shall be verified and, if made by a person other than the child, shall state the petitioners relationship to or interest in the child and shall set forth in concise language any change of circumstance or new evidence which are alleged to require such change of order or termination of jurisdiction.
(2)If it appears that the best interests of the child may be promoted by the proposed change of order or termination of jurisdiction, the court shall order that a hearing be held and shall give prior notice, or cause prior notice to be given, to such persons and by such means as prescribed by Sections 776 and 779, by electronic service pursuant to Section 212.5, and, in such instances as the means of giving notice is not prescribed by such sections, then by such means as the court prescribes.
(b)(1)Any person, including a ward, a transition dependent, or a nonminor dependent of the juvenile court, may petition the court to assert a relationship as a sibling related by blood, adoption, or affinity through a common legal or biological parent to a child who is, or is the subject of a petition for adjudication as, a ward of the juvenile court, and may request visitation with the ward, placement with or near the ward, or consideration when determining or implementing a case plan or permanent plan for the ward.
(2)A ward, transition dependent, or nonminor dependent of the juvenile court may petition the court to assert a relationship as a sibling related by blood, adoption, or affinity through a common legal or biological parent to a child who is in the physical custody of a common legal or biological parent, and may request visitation with the nondependent sibling in parental custody.
(3)Pursuant to subdivision (b) of Section 16002, a request for sibling visitation may be granted unless it is determined by the court that sibling visitation is contrary to the safety and well-being of any of the siblings.
(4)The court may appoint a guardian ad litem to file the petition for a ward asserting a sibling relationship pursuant to this subdivision if the court determines that the appointment is necessary for the best interests of the ward. The petition shall be verified and shall set forth the following:
(A)Through which parent he or she is related to the sibling.
(B)Whether he or she is related to the sibling by blood, adoption, or affinity.
(C)The request or order that the petitioner is seeking.
(D)Why that request or order is in the best interest of the ward.
SEC. 145.Section 779 of the Welfare and Institutions Code is amended to read:779.The court committing a ward to the Youth Authority may thereafter change, modify, or set aside the order of commitment. Ten days notice of the hearing of the application therefor shall be served upon the Director of the Youth Authority. In changing, modifying, or setting aside the order of commitment, the court shall give due consideration to the effect thereof upon the discipline and parole system of the Youth Authority or of the correctional school in which the ward may have been placed by the Youth Authority. Except as provided in this section, nothing in this chapter shall be deemed to interfere with the system of parole and discharge now or hereafter established by law, or by rule of the Youth Authority, for the parole and discharge of wards of the juvenile court committed to the Youth Authority, or with the management of any school, institution, or facility under the jurisdiction of the Youth Authority. Except as provided in this section, this chapter does not interfere with the system of transfer between institutions and facilities under the jurisdiction of the Youth Authority. This section does not limit the authority of the court to change, modify, or set aside an order of commitment after a noticed hearing and upon a showing of good cause that the Youth Authority is unable to, or failing to, provide treatment consistent with Section 734.
However, before any inmate of a correctional school may be transferred to a state hospital, he or she shall first be returned to a court of competent jurisdiction and, after hearing, may be committed to a state hospital for the insane in accordance with law.
SEC. 146.Section 785 of the Welfare and Institutions Code is amended to read:785.(a)Where a minor is a ward of the juvenile court, the wardship did not result in the minors commitment to the Youth Authority, and the minor is found not to be a fit and proper subject to be dealt with under the juvenile court law with respect to a subsequent allegation of criminal conduct, any parent or other person having an interest in the minor, or the minor, through a properly appointed guardian, the prosecuting attorney, or probation officer, may petition the court in the same action in which the minor was found to be a ward of the juvenile court for a hearing for an order to terminate or modify the jurisdiction of the juvenile court. The court shall order that a hearing be held and shall give prior notice, or cause prior notice to be given, to those persons and by the means prescribed by Sections 776 and 779, by electronic service pursuant to Section 212.5, or where the means of giving notice is not prescribed by those sections, then by such means as the court prescribes.
(b)The petition shall be verified and shall state why jurisdiction should be terminated or modified in concise language.
(c)In determining whether or not the wardship shall terminate or be modified, the court shall be guided by the policies set forth in Section 202.
(d)In addition to its authority under this chapter, the Judicial Council shall adopt rules providing criteria for the consideration of the juvenile court in determining whether or not to terminate or modify jurisdiction pursuant to this section.
SEC. 147.Section 903.45 of the Welfare and Institutions Code is amended to read:903.45.(a)The board of supervisors may designate a county financial evaluation officer pursuant to Section 27750 of the Government Code to make financial evaluations of liability for reimbursement pursuant to Sections 207.2, 903, 903.1, 903.2, 903.25, 903.3, and 903.5, and other reimbursable costs allowed by law, as set forth in this section.
(b)In a county where a board of supervisors has designated a county financial evaluation officer, the juvenile court shall, at the close of the disposition hearing, order any person liable for the cost of support, pursuant to Section 903, the cost of legal services as provided for in Section 903.1, probation costs as provided for in Section 903.2, or any other reimbursable costs allowed under this code, to appear before the county financial evaluation officer for a financial evaluation of his or her ability to pay those costs. If the responsible person is not present at the disposition hearing, the court shall cite him or her to appear for a financial evaluation. In the case of a parent, guardian, or other person assessed for the costs of transport, food, shelter, or care of a minor under Section 207.2 or 903.25, the juvenile court shall, upon request of the county probation department, order the appearance of the parent, guardian, or other person before the county financial evaluation officer for a financial evaluation of his or her ability to pay the costs assessed.
If the county financial evaluation officer determines that a person so responsible has the ability to pay all or part of the costs, the county financial evaluation officer shall petition the court for an order requiring the person to pay that sum to the county or court, depending on which entity incurred the expense. If the parent or guardian is liable for costs for legal services pursuant to Section 903.1, the parent or guardian has been reunified with the child pursuant to a court order, and the county financial evaluation officer determines that repayment of the costs would harm the ability of the parent or guardian to support the child, then the county financial evaluation officer shall not petition the court for an order of repayment, and the court shall not make that order. In addition, if the parent or guardian is currently receiving reunification services, and the court finds, or the county financial officer determines, that repayment by the parent or guardian will pose a barrier to reunification with the child because it will limit the ability of the parent or guardian to comply with the requirements of the reunification plan or compromise the parents or guardians current or future ability to meet the financial needs of the child, or in any case in which the court finds that the repayment would be unjust under the circumstances of the case, then the county financial evaluation officer shall not petition the court for an order of repayment, and the court shall not order repayment by the parent or guardian. In evaluating a persons ability to pay under this section, the county financial evaluation officer and the court shall take into consideration the familys income, the necessary obligations of the family, and the number of persons dependent upon this income. A person appearing for a financial evaluation has the right to dispute the county financial evaluation officers determination, in which case he or she is entitled to a hearing before the juvenile court. The county financial evaluation officer, at the time of the financial evaluation, shall advise the person of his or her right to a hearing and of his or her rights pursuant to subdivision (c).
At the hearing, a person responsible for costs is entitled to have, but shall not be limited to, the opportunity to be heard in person, to present witnesses and other documentary evidence, to confront and cross-examine adverse witnesses, to disclosure of the evidence against him or her, and to receive a written statement of the findings of the court. The person has the right to be represented by counsel, and, if the person is unable to afford counsel, the right to appointed counsel. If the court determines that the person has the ability to pay all or part of the costs, including the costs of any counsel appointed to represent the person at the hearing, the court shall set the amount to be reimbursed and order him or her to pay that sum to the county or court, depending on which entity incurred the expense, in a manner in which the court believes reasonable and compatible with the persons financial ability.
If the person, after having been ordered to appear before the county financial evaluation officer, has been given proper notice and fails to appear as ordered, the county financial evaluation officer shall recommend to the court that the person be ordered to pay the full amount of the costs. Proper notice to the person shall contain all of the following:
(1)That the person has a right to a statement of the costs as soon as it is available.
(2)The persons procedural rights under Section 27755 of the Government Code.
(3)The time limit within which the persons appearance is required.
(4)A warning that if the person fails to appear before the county financial evaluation officer, the officer will recommend that the court order the person to pay the costs in full.
If the county financial evaluation officer determines that the person has the ability to pay all or a portion of these costs, with or without terms, and the person concurs in this determination and agrees to the terms of payment, the county financial evaluation officer, upon his or her written evaluation and the persons written agreement, shall petition the court for an order requiring the person to pay that sum to the county or the court in a manner that is reasonable and compatible with the persons financial ability. This order may be granted without further notice to the person, provided that a copy of the order is served on the person by mail or by electronic means pursuant to Section 212.5.
However, if the county financial evaluation officer cannot reach an agreement with the person with respect to either the liability for the costs, the amount of the costs, the persons ability to pay the costs, or the terms of payment, the matter shall be deemed in dispute and referred by the county financial evaluation officer back to the court for a hearing.
(c)At any time prior to the satisfaction of a judgment entered pursuant to this section, a person against whom the judgment was entered may petition the rendering court to modify or vacate the judgment on the basis of a change in circumstances relating to his or her ability to pay the judgment.
(d)Execution may be issued on the order in the same manner as on a judgment in a civil action, including any balance remaining unpaid at the termination of the courts jurisdiction over the minor.
SEC. 147.5.Section 903.45 of the Welfare and Institutions Code is amended to read:903.45.(a)The board of supervisors may designate a county financial evaluation officer pursuant to Section 27750 of the Government Code to make financial evaluations of liability for reimbursement pursuant to Sections 903, 903.1, 903.2, 903.25, 903.3, and 903.5, and other reimbursable costs allowed by law, as set forth in this section.
(b)(1)(A)In a county where a board of supervisors has designated a county financial evaluation officer, the juvenile court shall, at the close of the disposition hearing, order any person liable for the cost of support, pursuant to Section 903, the cost of legal services as provided for in Section 903.1, supervision costs as provided for in Section 903.2, or any other reimbursable costs allowed under this code, to appear before the county financial evaluation officer for a financial evaluation of his or her ability to pay those costs. If the responsible person is not present at the disposition hearing, the court shall cite him or her to appear for a financial evaluation. In the case of a parent, guardian, or other person assessed for the costs of transport, food, shelter, or care of a minor under Section 903.25, the juvenile court shall, upon request of the county probation department, order the appearance of the parent, guardian, or other person before the county financial evaluation officer for a financial evaluation of his or her ability to pay the costs assessed.
(B)(i)This paragraph does not apply to costs described in this paragraph for purposes of a minor who is adjudged a ward of the juvenile court, who is placed on probation pursuant to Section 725, who is the subject of a petition that has been filed to adjudge the minor a ward of the juvenile court, or who is the subject of a program of supervision undertaken pursuant to Section 654.
(ii)Notwithstanding clause (i), this paragraph applies to a minor who is designated as a dual status child pursuant to Section 241.1, for purposes of the dependency jurisdiction only and not for purposes of the delinquency jurisdiction.
(2)If the county financial evaluation officer determines that a person so responsible has the ability to pay all or part of the costs, the county financial evaluation officer shall petition the court for an order requiring the person to pay that sum to the county or court, depending on which entity incurred the expense. If the parent or guardian is liable for costs for legal services pursuant to Section 903.1, the parent or guardian has been reunified with the child pursuant to a court order, and the county financial evaluation officer determines that repayment of the costs would harm the ability of the parent or guardian to support the child, then the county financial evaluation officer shall not petition the court for an order of repayment, and the court shall not make that order. In addition, if the parent or guardian is currently receiving reunification services, and the court finds, or the county financial officer determines, that repayment by the parent or guardian will pose a barrier to reunification with the child because it will limit the ability of the parent or guardian to comply with the requirements of the reunification plan or compromise the parents or guardians current or future ability to meet the financial needs of the child, or in any case in which the court finds that the repayment would be unjust under the circumstances of the case, then the county financial evaluation officer shall not petition the court for an order of repayment, and the court shall not order repayment by the parent or guardian. In evaluating a persons ability to pay under this section, the county financial evaluation officer and the court shall take into consideration the familys income, the necessary obligations of the family, and the number of persons dependent upon this income. A person appearing for a financial evaluation has the right to dispute the county financial evaluation officers determination, in which case he or she is entitled to a hearing before the juvenile court. The county financial evaluation officer, at the time of the financial evaluation, shall advise the person of his or her right to a hearing and of his or her rights pursuant to subdivision (c).
(3)At the hearing, a person responsible for costs is entitled to have, but shall not be limited to, the opportunity to be heard in person, to present witnesses and other documentary evidence, to confront and cross-examine adverse witnesses, to disclosure of the evidence against him or her, and to receive a written statement of the findings of the court. The person has the right to be represented by counsel, and, if the person is unable to afford counsel, the right to appointed counsel. If the court determines that the person has the ability to pay all or part of the costs, including the costs of any counsel appointed to represent the person at the hearing, the court shall set the amount to be reimbursed and order him or her to pay that sum to the county or court, depending on which entity incurred the expense, in a manner in which the court believes reasonable and compatible with the persons financial ability.
(4)If the person, after having been ordered to appear before the county financial evaluation officer, has been given proper notice and fails to appear as ordered, the county financial evaluation officer shall recommend to the court that the person be ordered to pay the full amount of the costs. Proper notice to the person shall contain all of the following:
(A)That the person has a right to a statement of the costs as soon as it is available.
(B)The persons procedural rights under Section 27755 of the Government Code.
(C)The time limit within which the persons appearance is required.
(D)A warning that if the person fails to appear before the county financial evaluation officer, the officer will recommend that the court order the person to pay the costs in full.
(5)If the county financial evaluation officer determines that the person has the ability to pay all or a portion of these costs, with or without terms, and the person concurs in this determination and agrees to the terms of payment, the county financial evaluation officer, upon his or her written evaluation and the persons written agreement, shall petition the court for an order requiring the person to pay that sum to the county or the court in a manner that is reasonable and compatible with the persons financial ability. This order may be granted without further notice to the person, provided a copy of the order is served on the person by mail or by electronic means pursuant to Section 212.5.
(6)However, if the county financial evaluation officer cannot reach an agreement with the person with respect to either the liability for the costs, the amount of the costs, the persons ability to pay the costs, or the terms of payment, the matter shall be deemed in dispute and referred by the county financial evaluation officer back to the court for a hearing.
(c)At any time prior to the satisfaction of a judgment entered pursuant to this section, a person against whom the judgment was entered may petition the rendering court to modify or vacate the judgment on the basis of a change in circumstances relating to his or her ability to pay the judgment.
(d)Execution may be issued on the order in the same manner as on a judgment in a civil action, including any balance remaining unpaid at the termination of the courts jurisdiction over the minor.
SEC. 148.Section 5362 of the Welfare and Institutions Code is amended to read:5362.(a)The clerk of the superior court shall notify each conservator, his or her conservatee and the person in charge of the facility in which the person resides, and the conservatees attorney, at least 60 days before the termination of the one-year period. If the conservator is a private party, the clerk of the superior court shall also notify the mental health director and the county officer providing conservatorship investigation pursuant to Section 5355, at least 60 days before the termination of the one-year period. Notification shall be delivered pursuant to Section 1215 of the Probate Code. The notification shall be in substantially the following form:
In the Superior Court of the State of California | |
The people of the State of California | No.____ |
Concerning | Notice of Termination |
of Conservatorship | |
The people of the State of California to : | |
(conservatee, conservatees attorney, conservator, and professional person in charge of the facility in which the conservatee resides, county mental health director, and county officer providing conservatorship investigation.) | |
The one-year conservatorship established for ____ pursuant to
Welfare and Institutions Code Section ____ on ____ will
terminate on ____. If the conservator, ____, wishes to
reestablish conservatorship for another year he or she must petition
the court by ____. Subject to a request for a court hearing by jury
trial the judge may, on his or her own motion, accept or reject the
conservators petition.
If the conservator petitions to reestablish conservatorship the
conservatee, the professional person in charge of the facility in which
he or she resides, the conservatees attorney, and, if the conservator
is a private party, the county mental health director and the county
officer providing conservatorship investigation shall be notified. If
any of them request it, there shall be a court hearing or a jury trial,
whichever is requested, on the issue of whether the conservatee is
still gravely disabled and in need of conservatorship. If the private
conservator does not petition for reappointment, the county officer
providing conservatorship investigation may recommend another
conservator. Such a petition shall be considered a petition for
reappointment
as conservator.
Clerk of the Superior Court by Deputy |
(b)Subject to a request for a court hearing or jury trial, the judge may, on his or her own motion, accept or reject the conservators petition.
If the conservator does not petition to reestablish conservatorship at or before the termination of the one-year period, the court shall issue a decree terminating conservatorship. The decree shall be delivered to the conservator and his or her conservatee pursuant to Section 1215 of the Probate Code and shall be accompanied by a statement of California law as set forth in Section 5368.
SEC. 149.(a)Section 133.5 of this bill incorporates amendments to Section 366.21 of the Welfare and Institutions Code proposed by both this bill and Senate Bill 233. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2018, (2) each bill amends Section 366.21 of the Welfare and Institutions Code, and (3) this bill is enacted after Senate Bill 233, in which case Section 133 of this bill shall not become operative.
(b)Section 134.5 of this bill incorporates amendments to Section 366.26 of the Welfare and Institutions Code proposed by both this bill and Senate Bill 438. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2018, (2) each bill amends Section 366.26 of the Welfare and Institutions Code, and (3) this bill is enacted after Senate Bill 438, in which case Section 134 of this bill shall not become operative.
(c)Section 147.5 of this bill incorporates amendments to Section 903.45 of the Welfare and Institutions Code proposed by both this bill and Senate Bill 190. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2018, (2) each bill amends Section 903.45 of the Welfare and Institutions Code, and (3) this bill is enacted after Senate Bill 190, in which case Section 147 of this bill shall not become operative.
(a)In any contested action or special proceeding other than a small claims action or an action or proceeding in which a prevailing party is not represented by counsel, the party submitting an order or judgment for entry shall prepare and serve, a copy of the notice of entry of judgment to all parties who have appeared in the action or proceeding and shall file with the court the original notice of entry of judgment together with the proof of service. This subdivision does not apply in a proceeding for dissolution of marriage, for nullity of marriage, or for legal separation.
(b)Promptly upon entry of judgment in a contested action or special proceeding in which a prevailing party is not represented by counsel, the clerk of the court shall serve notice of entry of judgment to all parties who have appeared in the action or special proceeding and shall execute a certificate of service and place it in the courts file in the cause.
(c)For purposes of this section, judgment includes any judgment, decree, or signed order from which an appeal lies.
(d)Upon order of the court in any action or special proceeding, the clerk shall serve notice of entry of any judgment or ruling, whether or not appealable.
(e)The Judicial Council shall provide by rule of court that, upon entry of judgment in a contested action or special proceeding in which a state statute or regulation has been declared unconstitutional by the court, the Attorney General is promptly notified of the judgment and that a certificate of that service is placed in the courts file in the cause.
SEC. 2.Section 1010.6 of the Code of Civil Procedure is amended to read:1010.6.(a)A document may be served electronically in an action filed with the court as provided in this section, in accordance with rules adopted pursuant to subdivision (e).
(1)For purposes of this section:
(A)Electronic service means service of a document, on a party or other person, by either electronic transmission or electronic notification. Electronic service may be performed directly by a party or other person, by an agent of a party or other person, including the party or other persons attorney, or through an electronic filing service provider.
(B)Electronic transmission means the transmission of a document by electronic means to the electronic service address at or through which a party or other person has authorized electronic service.
(C)Electronic notification means the notification of the party or other person that a document is served by sending an electronic message to the electronic address at or through which the party or other person has authorized electronic service, specifying the exact name of the document served, and providing a hyperlink at which the served document may be viewed and downloaded.
(2)(A)(i)For cases filed on or before December 31, 2018, if a document may be served by mail, express mail, overnight delivery, or facsimile transmission, electronic service of the document is not authorized unless a party or other person has agreed to accept electronic service in that specific action or the court has ordered electronic service on a represented party or other represented person under subdivision (c) or (d).
(ii)For cases filed on or after January 1, 2019, if a document may be served by mail, express mail, overnight delivery, or facsimile transmission, electronic service of the document is not authorized unless a party or other person has expressly consented to receive electronic service in that specific action or the court has ordered electronic service on a represented party or other represented person under subdivision (c) or (d). Express consent to electronic service may be accomplished either by (I) serving a notice on all the parties and filing the notice with the court, or (II) manifesting affirmative consent through electronic means with the court or the courts electronic filing service provider, and concurrently providing the partys electronic address with that consent for the purpose of receiving electronic service. The act of electronic filing shall not be construed as express consent.
(B)If a document is required to be served by certified or registered mail, electronic service of the document is not authorized.
(3)In any action in which a party or other person has agreed or provided express consent, as applicable, to accept electronic service under paragraph (2), or in which the court has ordered electronic service on a represented party or other represented person under subdivision (c) or (d), the court may electronically serve any document issued by the court that is not required to be personally served in the same manner that parties electronically serve documents. The electronic service of documents by the court shall have the same legal effect as service by mail, except as provided in paragraph (4).
(4)(A)If a document may be served by mail, express mail, overnight delivery, or facsimile transmission, electronic service of that document is deemed complete at the time of the electronic transmission of the document or at the time that the electronic notification of service of the document is sent.
(B)Any period of notice, or any right or duty to do any act or make any response within any period or on a date certain after the service of the document, which time period or date is prescribed by statute or rule of court, shall be extended after service by electronic means by two court days, but the extension shall not apply to extend the time for filing any of the following:
(i)A notice of intention to move for new trial.
(ii)A notice of intention to move to vacate judgment under Section 663a.
(iii)A notice of appeal.
(C)This extension applies in the absence of a specific exception provided by any other statute or rule of court.
(5)Any document that is served electronically between 12:00 a.m. and 11:59:59 p.m. on a court day shall be deemed served on that court day. Any document that is served electronically on a noncourt day shall be deemed served on the next court day.
(6)A party or other person who has provided express consent to accept service electronically may withdraw consent at any time by completing and filing with the court the appropriate Judicial Council form. The Judicial Council shall create the form by January 1, 2019.
(7)Consent, or the withdrawal of consent, to receive electronic service may only be completed by a party or other person entitled to service or that persons attorney.
(8)Confidential or sealed records shall be electronically served through encrypted methods to ensure that the documents are not improperly disclosed.
(b)A trial court may adopt local rules permitting electronic filing of documents, subject to rules adopted pursuant to subdivision (e) and the following conditions:
(1)A document that is filed electronically shall have the same legal effect as an original paper document.
(2)(A)When a document to be filed requires the signature of any person, not under penalty of perjury, the document shall be deemed to have been signed by the person who filed the document electronically.
(B)When a document to be filed requires the signature, under penalty of perjury, of any person, the document shall be deemed to have been signed by that person if filed electronically and if either of the following conditions is satisfied:
(i)The person has signed a printed form of the document before, or on the same day as, the date of filing. The attorney or other person filing the document represents, by the act of filing, that the declarant has complied with this section. The attorney or other person filing the document shall maintain the printed form of the document bearing the original signature until final disposition of the case, as defined in subdivision (c) of Section 68151 of the Government Code, and make it available for review and copying upon the request of the court or any party to the action or proceeding in which it is filed.
(ii)The person has signed the document using a computer or other technology pursuant to the procedure set forth in a rule of court adopted by the Judicial Council by January 1, 2019.
(3)Any document received electronically by the court between 12:00 a.m. and 11:59:59 p.m. on a court day shall be deemed filed on that court day. Any document that is received electronically on a noncourt day shall be deemed filed on the next court day.
(4)The court receiving a document filed electronically shall issue a confirmation that the document has been received and filed. The confirmation shall serve as proof that the document has been filed.
(5)Upon electronic filing of a complaint, petition, or other document that must be served with a summons, a trial court, upon request of the party filing the action, shall issue a summons with the court seal and the case number. The court shall keep the summons in its records and may electronically transmit a copy of the summons to the requesting party. Personal service of a printed form of the electronic summons shall have the same legal effect as personal service of an original summons. If a trial court plans to electronically transmit a summons to the party filing a complaint, the court shall immediately, upon receipt of the complaint, notify the attorney or party that a summons will be electronically transmitted to the electronic address given by the person filing the complaint.
(6)The court shall permit a party or attorney to file an application for waiver of court fees and costs, in lieu of requiring the payment of the filing fee, as part of the process involving the electronic filing of a document. The court shall consider and determine the application in accordance with Article 6 (commencing with Section 68630) of Chapter 2 of Title 8 of the Government Code and shall not require the party or attorney to submit any documentation other than that set forth in Article 6 (commencing with Section 68630) of Chapter 2 of Title 8 of the Government Code. Nothing in this section shall require the court to waive a filing fee that is not otherwise waivable.
(7)A fee, if any, charged by the court, an electronic filing manager, or an electronic filing service provider to process a payment for filing fees and other court fees shall not exceed the costs incurred in processing the payment.
(c)If a trial court adopts rules conforming to subdivision (b), it may provide by order that all parties to an action file and serve documents electronically in a class action, a consolidated action, a group of actions, a coordinated action, or an action that is deemed complex under Judicial Council rules, provided that the trial courts order does not cause undue hardship or significant prejudice to any party in the action.
(d)A trial court may, by local rule, require electronic filing and service in civil actions, subject to the requirements and conditions stated in subdivision (b), the rules adopted by the Judicial Council under subdivision (f), and the following conditions:
(1)The court shall have the ability to maintain the official court record in electronic format for all cases where electronic filing is required.
(2)The court and the parties shall have access to more than one electronic filing service provider capable of electronically filing documents with the court or to electronic filing access directly through the court. The court may charge fees of no more than the actual cost of the electronic filing and service of the documents. Any fees charged by an electronic filing service provider shall be reasonable. The court, an electronic filing manager, or an electronic filing service provider shall waive any fees charged if the court deems a waiver appropriate, including in instances where a party has received a fee waiver.
(3)The court shall have a procedure for the filing of nonelectronic documents in order to prevent the program from causing undue hardship or significant prejudice to any party in an action, including, but not limited to, unrepresented parties. The Judicial Council shall make a form available to allow a party to seek an exemption from mandatory electronic filing and service on the grounds provided in this paragraph.
(4)Unrepresented persons are exempt from mandatory electronic filing and service.
(5)Until January 1, 2019, a local child support agency, as defined in subdivision (h) of Section 17000 of the Family Code, is exempt from a trial courts mandatory electronic filing and service requirements, unless the Department of Child Support Services and the local child support agency determine it has the capacity and functionality to comply with the trial courts mandatory electronic filing and service requirements.
(e)The Judicial Council shall adopt uniform rules for the electronic filing and service of documents in the trial courts of the state, which shall include statewide policies on vendor contracts, privacy, and access to public records, and rules relating to the integrity of electronic service. These rules shall conform to the conditions set forth in this section, as amended from time to time.
(f)The Judicial Council shall adopt uniform rules to permit the mandatory electronic filing and service of documents for specified civil actions in the trial courts of the state, which shall include statewide policies on vendor contracts, privacy, access to public records, unrepresented parties, parties with fee waivers, hardships, reasonable exceptions to electronic filing, and rules relating to the integrity of electronic service. These rules shall conform to the conditions set forth in this section, as amended from time to time.
(g)(1)The Judicial Council shall adopt uniform rules to implement this subdivision as soon as practicable, but no later than June 30, 2019.
(2)Any system for the electronic filing and service of documents, including any information technology applications, Internet Web sites, and Web-based applications, used by an electronic service provider or any other vendor or contractor that provides an electronic filing and service system to a trial court, regardless of the case management system used by the trial court, shall satisfy both of the following requirements:
(A)The system shall be accessible to individuals with disabilities, including parties and attorneys with disabilities, in accordance with Section 508 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794d), as amended, the regulations implementing that act set forth in Part 1194 of Title 36 of the Code of Federal Regulations and Appendices A, C, and D of that part, and the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.).
(B)The system shall comply with the Web Content Accessibility Guidelines 2.0 at a Level AA success criteria.
(3)A vendor or contractor that provides an electronic filing and service system to a trial court shall comply with paragraph (2) as soon as practicable, but no later than June 30, 2019. Commencing on June 27, 2017, the vendor or contractor shall provide an accommodation to an individual with a disability in accordance with subparagraph (D) of paragraph (4).
(4)A trial court that contracts with an entity for the provision of a system for electronic filing and service of documents shall require the entity, in the trial courts contract with the entity, to do all of the following:
(A)Test and verify that the entitys system complies with this subdivision and provide the verification to the Judicial Council no later than June 30, 2019.
(B)Respond to, and resolve, any complaints regarding the accessibility of the system that are brought to the attention of the entity.
(C)Designate a lead individual to whom any complaints concerning accessibility may be addressed and post the individuals name and contact information on the entitys Internet Web site.
(D)Provide to an individual with a disability, upon request, an accommodation to enable the individual to file and serve documents electronically at no additional charge for any time period that the entity is not compliant with paragraph (2) of this subdivision. Exempting an individual with a disability from mandatory electronic filing and service of documents shall not be deemed an accommodation unless the person chooses that as an accommodation. The vendor or contractor shall clearly state in its Internet Web site that an individual with a disability may request an accommodation and the process for submitting a request for an accommodation.
(5)A trial court that provides electronic filing and service of documents directly to the public shall comply with this subdivision to the same extent as a vendor or contractor that provides electronic filing and services to a trial court.
(6)(A)The Judicial Council shall submit four reports to the appropriate committees of the Legislature relating to the trial courts that have implemented a system of electronic filing and service of documents. The first report is due by June 30, 2018; the second report is due by December 31, 2019; the third report is due by December 31, 2021; and the fourth report is due by December 31, 2023.
(B)The Judicial Councils reports shall include all of the following information:
(i)The name of each court that has implemented a system of electronic filing and service of documents.
(ii)A description of the system of electronic filing and service.
(iii)The name of the entity or entities providing the system.
(iv)A statement as to whether the system complies with this subdivision and, if the system is not fully compliant, a description of the actions that have been taken to make the system compliant.
(7)An entity that contracts with a trial court to provide a system for electronic filing and service of documents shall cooperate with the Judicial Council by providing all information, and by permitting all testing, necessary for the Judicial Council to prepare its reports to the Legislature in a complete and timely manner.
SEC. 3.Section 1011 of the Code of Civil Procedure is amended to read:1011.The service may be personal, by delivery to the party or attorney on whom the service is required to be made, or it may be as follows:
(a)If upon an attorney, service may be made at the attorneys office, by leaving the notice or other papers in an envelope or package clearly labeled to identify the attorney being served, with a receptionist or with a person having charge thereof. If there is no person in the office with whom the notice or papers may be left for purposes of this subdivision at the time service is to be effected, service may be made by leaving them between the hours of nine in the morning and five in the afternoon, in a conspicuous place in the office, or, if the attorneys office is not open so as to admit of that service, then service may be made by leaving the notice or papers at the attorneys residence, with some person of not less than 18 years of age, if the attorneys residence is in the same county with his or her office, and, if the attorneys residence is not known or is not in the same county with his or her office, or, being in the same county, it is not open, or a person 18 years of age or older cannot be found at the attorneys residence, then service may be made by putting the notice or papers, enclosed in a sealed envelope, into the post office or a mail box, subpost office, substation, or mail chute or other like facility regularly maintained by the Government of the United States directed to the attorney at his or her office, if known, and otherwise to the attorneys residence, if known. If neither the attorneys office nor residence is known, service may be made by delivering the notice or papers to the address of the attorney or party of record as designated on the court papers, or by delivering the notice or papers to the clerk of the court, for the attorney.
(b)If upon a party, service shall be made in the manner specifically provided in particular cases, or, if no specific provision is made, service may be made by leaving the notice or other paper at the partys residence, between the hours of eight in the morning and six in the evening, with some person of not less than 18 years of age. If, at the time of attempted service between those hours, a person 18 years of age or older cannot be found at the partys residence, the notice or papers may be served by mail. If the partys residence is not known, service may be made by delivering the notice or papers to the clerk of the court, for that party.
(c)If service is made by electronic service, it shall be made pursuant to Section 1010.6 and applicable rules on electric service in the California Rules of Court.
SEC. 4.Section 1013b is added to the Code of Civil Procedure, to read:1013b.(a)Proof of electronic service may be made by any of the following methods:
(1)An affidavit setting forth the exact title of the document served and filed in the cause, showing the name and residence or business address of the person making the service, showing that he or she is a resident of or employed in the county where the filing occurs, and that he or she is over the age of 18 years.
(2)A certificate setting forth the exact title of the document served and filed in the cause, showing the name and business address of the person making the service, and showing that he or she is an active member of the State Bar of California.
(3)An affidavit setting forth the exact title of the document served and filed in the cause, showing (A) the name and residence or business address of the person making the service, (B) that he or she is a resident of, or employed in, the county where the filing occurs, (C) that he or she is over the age of 18 years, (D) that he or she is readily familiar with the business practice for filing electronically, and (E) that the document would be electronically filed that same day in the ordinary course of business following ordinary business practices.
(4)In case of service by the clerk of a court of record, a certificate by that clerk setting forth the exact title of the document served and filed in the cause, showing the name of the clerk and the name of the court of which he or she is the clerk.
(b)Proof of electronic service shall include all of the following:
(1)The electronic service address and the residence or business address of the person making the electronic service.
(2)The date of electronic service.
(3)The name and electronic service address of the person served.
(4)A statement that the document was served electronically.
(c)Proof of electronic service shall be signed as provided in subparagraph (B) of paragraph (2) of subdivision (b) of Section 1010.6.
(d)Proof of electronic service may be in electronic form and may be filed electronically with the court.
SEC. 4.5.Section 1020 of the Code of Civil Procedure is amended to read:1020.(a)Any notice required by law, other than those required to be given to a party to an action or to his attorney, the service of which is not governed by the other sections of this chapter and which is not otherwise specifically provided for by law, may be given by sending the same by registered mail with proper postage prepaid addressed to the addressees last known address with request for return receipt, and the production of a returned receipt purporting to be signed by the addressee shall create a disputable presumption that such notice was received by the person to whom the notice was required to be sent.
(b)Electronic service is not authorized for a notice that requires certified or registered mail. This subdivision shall become inoperative on January 1, 2022.
SEC. 5.Section 690.5 is added to the Penal Code, to read:690.5.(a)Subdivisions (a) and (b) of Section 1010.6 of the Code of Civil Procedure, pertaining to the permissive filing and service of documents, are applicable to criminal actions, except as otherwise provided in Section 959.1 or any other provision of this code.
(b)The Judicial Council shall adopt uniform rules for the electronic filing and service of documents in criminal cases in the trial courts of this state.
SEC. 6.Section 331 of the Probate Code is amended to read:331.(a)This section applies only to a safe deposit box in a financial institution held by the decedent in the decedents sole name, or held by the decedent and others where all are deceased. Nothing in this section affects the rights of a surviving coholder.
(b)A person who has a key to the safe deposit box may, before letters have been issued, obtain access to the safe deposit box only for the purposes specified in this section by providing the financial institution with both of the following:
(1)Proof of the decedents death. Proof shall be provided by a certified copy of the decedents death certificate or by a written statement of death from the coroner, treating physician, or hospital or institution where the decedent died.
(2)Reasonable proof of the identity of the person seeking access. Reasonable proof of identity is provided for the purpose of this paragraph if the requirements of Section 13104 are satisfied.
(c)The financial institution has no duty to inquire into the truth of any statement, declaration, certificate, affidavit, or document offered as proof of the decedents death or proof of identity of the person seeking access.
(d)If the person seeking access has satisfied the requirements of subdivision (b), the financial institution shall do all of the following:
(1)Keep a record of the identity of the person.
(2)Permit the person to open the safe deposit box under the supervision of an officer or employee of the financial institution, and to make an inventory of its contents.
(3)Make a photocopy of all wills and trust instruments removed from the safe deposit box, and keep the photocopy in the safe deposit box until the contents of the box are removed by the personal representative of the estate or other legally authorized person. The financial institution may charge the person given access a reasonable fee for photocopying.
(4)Permit the person given access to remove instructions for the disposition of the decedents remains, and, after a photocopy is made, to remove the wills and trust instruments.
(e)The person given access shall deliver all wills found in the safe deposit box to the clerk of the superior court and deliver a copy pursuant to Section 1215 to the person named in the will as executor or beneficiary as provided in Section 8200.
(f)Except as provided in subdivision (d), the person given access shall not remove any of the contents of the decedents safe deposit box.
SEC. 7.Section 366 of the Probate Code is amended to read:366.Notice of a hearing under this part shall be delivered pursuant to Section 1215 at least 15 days before the hearing to each fiduciary and consultant, and to the following persons:
(a)In the case of a trust, to each known beneficiary, subject to the provisions of Chapter 2 (commencing with Section 15800) of Part 3 of Division 9.
(b)In the case of a decedents estate, as provided in Section 1220, to both of the following:
(1)Each known heir whose interest in the estate would be affected by the proceedings.
(2)Each known devisee whose interest in the estate would be affected by the proceedings.
(c)In the case of a guardianship or conservatorship estate, as provided in Section 1460.
(d)In other cases, to any additional interested persons required by the court to receive notice.
SEC. 8.Section 453 of the Probate Code is amended to read:453.(a)On petition of a person required to appear before the probate referee pursuant to this chapter, the court may make a protective order to protect the person from annoyance, embarrassment, or oppression. The petitioner shall deliver pursuant to Section 1215 notice of the hearing on the petition to the probate referee and to the personal representative, guardian, conservator, or other fiduciary at least 15 days before the date set for the hearing. Any subpoena issued by the probate referee is stayed during the pendency of the petition.
(b)On petition of the probate referee, the court may make an order to show cause why a person who is required, but fails, to appear before the probate referee pursuant to this chapter, should not be compelled to do so. The probate referee shall deliver pursuant to Section 1215 notice of the hearing on the petition to the person at least 15 days before the date set for the hearing.
SEC. 9.Section 711 of the Probate Code is amended to read:711.If a document deposited with an attorney is lost or destroyed, the attorney shall give notice of the loss or destruction to the depositor by one of the following methods:
(a)By delivering pursuant to Section 1215 the notice to the depositors last known address.
(b)By the method most likely to give the depositor actual notice.
SEC. 10.Section 715 of the Probate Code is amended to read:715.An attorney may give written notice to a depositor, and obtain written acknowledgment from the depositor, in the following form:
NOTICE AND ACKNOWLEDGMENT |
To: | (Name of depositor) |
(Address) |
(City, state, and ZIP) |
(Electronic address) |
I have accepted your will or other estate planning document for safekeeping. I must use ordinary care for preservation of the document.
You must keep me advised of any change in your addresses shown above. If you do not and I cannot return this document to you when necessary, I will no longer be required to use ordinary care for preservation of the document, and I may transfer it to another attorney, or I may transfer it to the clerk of the superior court of the county of your last known domicile, and give notice of the transfer to the State Bar of California.
(Signature of attorney) |
(Address of attorney) |
(City, state, and ZIP) |
(Electronic address) |
My addresses shown above are correct. I understand that I must keep you advised of any change in these addresses.
Dated: |
(Signature of depositor) |
(a)An attorney may terminate a deposit under this section if the attorney has delivered notice pursuant to Section 1215 to reclaim the document to the depositors last known address and the depositor has failed to reclaim the document within 90 days after delivery.
(b)Subject to subdivision (f), an attorney may terminate a deposit under this section by transferring the document to another attorney. All documents transferred under this subdivision shall be transferred to the same attorney.
(c)Subject to subdivision (f), if an attorney is deceased, lacks legal capacity, or is no longer an active member of the State Bar, a deposit may be terminated under this section by transferring the document to the clerk of the superior court of the county of the depositors last known domicile. The attorney shall advise the clerk that the document is being transferred pursuant to this section.
(d)An attorney may not accept a fee or compensation from a transferee for transferring a document under this section. An attorney may charge a fee for receiving a document under this section.
(e)Transfer of a document by an attorney under this section is not a waiver or breach of any privilege or confidentiality associated with the document, and is not a violation of the rules of professional conduct. If the document is privileged under Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code, the document remains privileged after the transfer.
(f)If the document is a will and the attorney has actual notice that the depositor has died, the attorney may terminate a deposit only as provided in Section 734.
SEC. 12.Section 733 of the Probate Code is amended to read:733.(a)An attorney transferring one or more documents under Section 732 shall deliver notice pursuant to Section 1215 of the transfer to the State Bar of California. The notice shall contain all of the following information:
(1)The name of the depositor.
(2)The date of the transfer.
(3)The name, address, and State Bar number of the transferring attorney.
(4)Whether any documents are transferred to an attorney, and the name, address, and State Bar number of the attorney to whom the documents are transferred.
(5)Whether any documents are transferred to a superior court clerk.
(b)The State Bar shall record only one notice of transfer for each transferring attorney. The State Bar shall prescribe the form for the notice of transfer. On request by any person, the State Bar shall give that person information in the notice of transfer. At its sole election, the State Bar may give the information orally or in writing.
SEC. 13.Section 1050 of the Probate Code is amended to read:1050.The judgment roll in a proceeding under this code consists of the following papers, where applicable:
(a)In all cases:
(1)The petition, application, report, or account that initiates a particular proceeding.
(2)Any order directing notice of the hearing to be given.
(3)Any notice of the hearing, and any order to show cause made in the proceeding, with the affidavits showing publication, posting, or delivery pursuant to Section 1215 of the notice or order as may be required by law or court order.
(4)Any citation, in case no answer or written opposition is filed by a party entitled, by law or court order, to notice of the proceeding by citation, with the affidavit or proof of service and, if service of the citation is made by publication, the affidavit of publication and the order directing publication.
(5)Any finding of the court or referee in the proceeding.
(6)The order or statement of decision made in the proceeding.
(7)Any letters, as defined in Section 52.
(b)If an answer, demurrer, written opposition, or counter petition is filed in a proceeding:
(1)Pleadings and papers in the nature of pleadings.
(2)Any orders striking out a pleading in whole or in part.
(3)Any order made on demurrer, or relating to a change of parties, in the proceeding.
(4)The verdict of the jury, if any.
(c)If the proceeding is for the probate of a will, the will.
(d)If the proceeding is a contest of a will, for the revocation of the probate of a will, or for a preliminary or final distribution of the estate under a will:
(1)The will.
(2)The order admitting the will to probate.
(e)If the proceeding is for the settlement of the final account of a personal representative or for the final distribution of an estate, the affidavit showing publication of notice to creditors.
SEC. 14.Section 1209 of the Probate Code is amended to read:1209.(a)If notice is required to be given to the State of California, the notice shall be given to the Attorney General.
(b)If notice is required to be given to the Attorney General, the notice shall be delivered pursuant to Section 1215 to the Attorney General at the office of the Attorney General at Sacramento, California.
SEC. 15.Section 1212 of the Probate Code is amended to read:1212.Unless the court dispenses with the notice, if the address of the person to whom a notice or other paper is required to be delivered pursuant to Section 1215 is not known, notice shall be given as the court may require in the manner provided in Section 413.30 of the Code of Civil Procedure.
SEC. 16.Section 1213 of the Probate Code is amended to read:1213.(a)The following persons shall deliver pursuant to Section 1215 a notice, as described in Section 1211, to a surety who has filed a court bond in a proceeding:
(1)A person who files a petition to surcharge.
(2)A person who files an objection to an account.
(3)A person who files a petition to suspend or remove a guardian, conservator, or personal representative.
(4)An attorney who files a motion to withdraw from representation of a guardian, conservator, or personal representative.
(b)Within five days after entry of an order to suspend or remove a guardian, conservator, or personal representative, the person who filed a petition to suspend or remove a guardian or, if the order to suspend or remove a guardian, conservator, or personal representative was issued upon a motion by the court, the court, shall notify pursuant to Section 1215 the surety who has filed a court bond of the order.
(c)The notice required by this section shall be delivered pursuant to Section 1215 to the addressee listed on the surety bond.
(d)Notwithstanding subdivisions (a) and (b), notice is not required to a surety pursuant to this section if the surety bond is for a guardian, conservator, or personal representative who is not the subject of the petition, motion, or order described in this section.
SEC. 17.Section 1214 of the Probate Code is amended to read:1214.If a notice or other paper is required or permitted to be served or delivered pursuant to Section 1215 to a person who is represented by an attorney of record, the notice or other paper shall also be delivered pursuant to Section 1215 to this attorney, unless otherwise specified in a request for special notice.
SEC. 18.Section 1215 of the Probate Code is amended to read:1215.Unless otherwise expressly provided, a notice or other paper that is required or permitted to be delivered to a person shall be delivered pursuant to one of the following methods:
(a)Delivery by mail.
(1)A notice or other paper shall be delivered by mail as follows:
(A)By first-class mail if the persons address is within the United States. First-class mail includes certified, registered, and express mail.
(B)By international mail if the persons address is not within the United States. International mail includes first-class mail international, priority mail international, priority mail express international, and global express guaranteed.
(2)The notice or other paper shall be deposited for collection in the United States mail, in a sealed envelope, with postage paid, addressed to the person to whom it is mailed.
(3)Subject to Section 1212, the notice or other paper shall be addressed to the person at the persons place of business or place of residence.
(4)Delivery by mail is complete when the notice or other paper is deposited in the mail. The period of notice is not extended.
(b)Personal delivery.
(1)A notice or other paper may be delivered personally to that person.
(2)Personal delivery is complete when the notice or other paper is delivered personally to the person who is to receive it.
(c)Electronic delivery.
(1)A notice or other paper shall not be delivered by electronic means unless the person to receive notice has expressly consented on the appropriate Judicial Council form to receive electronic delivery in the proceeding before the court and has provided an electronic address for that express purpose.
(2)Electronic delivery is complete when the notice or other paper is sent. The period of notice is not extended.
(3)Electronic delivery is not permitted for a notice or other paper that requires delivery by certified or registered mail.
SEC. 19.Section 1216 of the Probate Code is repealed.SEC. 20.Section 1217 of the Probate Code is amended to read:1217.If a notice or other paper is required to be served or otherwise given and no other manner of giving the notice or other paper is specified by statute, the notice or other paper shall be delivered pursuant to Section 1215.
SEC. 21.Section 1220 of the Probate Code is amended to read:1220.(a)If notice of hearing is required to be given as provided in this section:
(1)At least 15 days before the time set for the hearing, the petitioner or the person filing the report, account, or other paper shall cause notice of the time and place of the hearing to be delivered pursuant to Section 1215 to the persons required to be given notice.
(2)Unless the statute requiring notice specifies the persons to be given notice, notice shall be delivered pursuant to Section 1215 to all of the following:
(A)The personal representative.
(B)All persons who have requested special notice in the estate proceeding pursuant to Section 1250.
(3)Subject to Section 1212, the notice shall be delivered pursuant to Section 1215 to the person required to be given notice at the persons place of business, place of residence, or electronic address.
(b)Subject to subdivision (c), this section does not excuse compliance with the requirements for notice to a person who has requested special notice pursuant to Chapter 6 (commencing with Section 1250).
(c)The court for good cause may dispense with the notice otherwise required to be given to a person as provided in this section.
SEC. 22.Section 1250 of the Probate Code is amended to read:1250.(a)At any time after the issuance of letters in a proceeding under this code for the administration of a decedents estate, any person interested in the estate, whether as devisee, heir, creditor, beneficiary under a trust, or as otherwise interested, may, in person or by attorney, file with the court clerk a written request for special notice.
(b)The request for special notice shall be so entitled and shall set forth the name of the person and the address to which notices shall be delivered pursuant to Section 1215.
(c)Special notice may be requested of one or more of the following matters:
(1)Petitions filed in the administration proceeding.
(2)Inventories and appraisals of property in the estate, including any supplemental inventories and appraisals.
(3)Objections to an appraisal.
(4)Accounts of a personal representative.
(5)Reports of status of administration.
(d)Special notice may be requested of any matter in subdivision (c) by describing it, or of all the matters in subdivision (c) by referring generally to the matters described in subdivision (c) of Section 1250 of the Probate Code or by using words of similar meaning.
(e)A copy of the request shall be delivered pursuant to Section 1215 to the personal representative or to the attorney for the personal representative. If personally delivered, the request is effective when it is delivered. If mailed or electronically delivered, the request is effective when it is received.
(f)If the original of the request is filed with the court clerk, it shall be accompanied by a written admission or proof of service.
SEC. 23.Section 1252 of the Probate Code is amended to read:1252.(a)Unless the court makes an order dispensing with the notice, if a request has been made pursuant to Section 1250 for special notice of a hearing, the person filing the petition, report, account, or other paper shall give written notice of the filing, together with a copy of the petition, report, account, or other paper, and the time and place set for the hearing, by delivering the documents pursuant to Section 1215 to the person named in the request at the address set forth in the request, at least 15 days before the time set for the hearing.
(b)If a request has been made pursuant to Section 1250 for special notice of the filing of an inventory and appraisal of the estate or of the filing of any other paper that does not require a hearing, the inventory and appraisal or other paper shall be delivered pursuant to Section 1215 not later than 15 days after the inventory and appraisal or other paper is filed with the court.
SEC. 24.Section 1265 of the Probate Code is amended and renumbered to read:1266.Proof of notice, however given, may be made by evidence presented at the hearing.
SEC. 25.Section 1265 is added to the Probate Code, to read:1265.Proof of electronic delivery may be made in the manner prescribed in Section 1013b of the Code of Civil Procedure.
SEC. 26.Section 1460 of the Probate Code is amended to read:1460.(a)Subject to Sections 1202 and 1203, if notice of hearing is required under this division but the applicable provision does not fix the manner of giving notice of hearing, the notice of the time and place of the hearing shall be given at least 15 days before the day of the hearing as provided in this section.
(b)Subject to subdivision (e), the petitioner, who includes, for purposes of this section, a person filing a petition, report, or account, shall cause the notice of hearing to be delivered pursuant to Section 1215, to each of the following persons:
(1)The guardian or conservator.
(2)The ward or the conservatee.
(3)The spouse of the ward or conservatee, if the ward or conservatee has a spouse, or the domestic partner of the conservatee, if the conservatee has a domestic partner.
(4)Any person who has requested special notice of the matter, as provided in Section 2700.
(5)For any hearing on a petition to terminate a guardianship, to accept the resignation of, or to remove the guardian, the persons described in subdivision (c) of Section 1510.
(6)For any hearing on a petition to terminate a conservatorship, to accept the resignation of, or to remove the conservator, the persons described in subdivision (b) of Section 1821.
(c)The clerk of the court shall cause the notice of the hearing to be posted as provided in Section 1230 if the posting is required by subdivision (c) of Section 2543.
(d)Except as provided in subdivision (e), this section does not excuse compliance with the requirements for notice to a person who has requested special notice pursuant to Chapter 10 (commencing with Section 2700) of Part 4.
(e)The court, for good cause, may dispense with the notice otherwise required to be given to a person as provided in this section.
SEC. 27.Section 1461 of the Probate Code is amended to read:1461.(a)As used in this section, director means:
(1)The Director of State Hospitals when the state hospital referred to in subdivision (b) is under the jurisdiction of the State Department of State Hospitals.
(2)The Director of Developmental Services when the state hospital referred to in subdivision (b) is under the jurisdiction of the State Department of Developmental Services.
(b)Notice of the time and place of hearing on the petition, report, or account, and a copy of the petition, report, or account, shall be delivered pursuant to Section 1215 to the director at the directors office in Sacramento or to the electronic address designated by the director for receipt of notice pursuant to this code, at least 15 days before the hearing if both of the following conditions exist:
(1)The ward or conservatee is or has been during the guardianship or conservatorship proceeding a patient in, or on leave from, a state hospital under the jurisdiction of the State Department of State Hospitals or the State Department of Developmental Services.
(2)The petition, report, or account is filed under any one or more of the following provisions: Section 1510, 1820, 1861, 2212, 2403, 2421, 2422, or 2423; Article 7 (commencing with Section 2540) of Chapter 6 of Part 4; Section 2580, 2592, or 2620; Chapter 9.5 (commencing with Section 2670) of Part 4; Section 3080 or 3088; or Chapter 3 (commencing with Section 3100) of Part 6. Notice under this section is not required in the case of an account pursuant to Section 2620 if the total guardianship or conservatorship assets are less than one thousand five hundred dollars ($1,500) and the gross annual income, exclusive of any public assistance income, is less than six thousand dollars ($6,000), and the ward or conservatee is not a patient in, or on leave or on outpatient status from, a state hospital at the time of the filing of the petition.
(c)If the ward or conservatee has been discharged from the state hospital, the director, upon ascertaining the facts, may file with the court a certificate stating that the ward or conservatee is not indebted to the state and waive the giving of further notices under this section. Upon the filing of the certificate of the director, compliance with this section thereafter is not required unless the certificate is revoked by the director and notice of the revocation is filed with the court.
(d)The statute of limitations does not run against any claim of the State Department of State Hospitals or the State Department of Developmental Services against the estate of the ward or conservatee for board, care, maintenance, or transportation with respect to an account that is settled without giving the notice required by this section.
SEC. 28.Section 1461.4 of the Probate Code is amended to read:1461.4.(a)The petitioner shall deliver pursuant to Section 1215 a notice of the hearing and a copy of the petition to the director of the regional center for the developmentally disabled at least 30 days before the day of the hearing on a petition for appointment in any case in which all of the following conditions exist:
(1)The proposed ward or conservatee has developmental disabilities.
(2)The proposed guardian or conservator is not the natural parent of the proposed ward or conservatee.
(3)The proposed guardian or conservator is a provider of board and care, treatment, habilitation, or other services to persons with developmental disabilities or is a spouse or employee of a provider.
(4)The proposed guardian or conservator is not a public entity.
(b)The regional center shall file a written report and recommendation with the court regarding the suitability of the petitioners to meet the needs of the proposed ward or conservatee in any case described in subdivision (a).
SEC. 29.Section 1461.5 of the Probate Code is amended to read:1461.5.Notice of the time and place of hearing on a petition, report, or account, and a notice of the filing of an inventory, together with a copy of the petition, report, inventory, or account, shall be delivered pursuant to Section 1215 to the office of the Veterans Administration having jurisdiction over the area in which the court is located at least 15 days before the hearing, or within 15 days after the inventory is filed, if both of the following conditions exist:
(a)The guardianship or conservatorship estate consists or will consist wholly or in part of any of the following:
(1)Money received from the Veterans Administration.
(2)Revenue or profit from such money or from property acquired wholly or in part from such money.
(3)Property acquired wholly or in part with such money or from such property.
(b)The petition, report, inventory, or account is filed under any one or more of the following provisions: Section 1510, 1601, 1820, 1861, 1874, 2422, or 2423; Article 7 (commencing with Section 2540) of Chapter 6 of Part 4; Section 2570, 2571, 2580, 2592, 2610, 2613, or 2620; Chapter 8 (commencing with Section 2640) of Part 4; Chapter 9.5 (commencing with Section 2670) of Part 4; Section 3080 or 3088; or Chapter 3 (commencing with Section 3100) of Part 6.
SEC. 30.Section 1511 of the Probate Code is amended to read:1511.(a)Except as provided in subdivisions (f) and (g), at least 15 days before the hearing on the petition for the appointment of a guardian, notice of the time and place of the hearing shall be given as provided in subdivisions (b), (c), (d), and (e) of this section. The notice shall be accompanied by a copy of the petition. The court shall not shorten the time for giving the notice of hearing under this section.
(b)Notice shall be served in the manner provided in Section 415.10 or 415.30 of the Code of Civil Procedure, or in any manner authorized by the court, on all of the following persons:
(1)The proposed ward if 12 years of age or older.
(2)Any person having legal custody of the proposed ward, or serving as guardian of the estate of the proposed ward.
(3)The parents of the proposed ward.
(4)Any person nominated as a guardian for the proposed ward under Section 1500 or 1501.
(c)Notice shall be delivered pursuant to Section 1215 to the addresses stated in the petition, or in any manner authorized by the court, to all of the following:
(1)The spouse named in the petition.
(2)The relatives named in the petition, except that if the petition is for the appointment of a guardian of the estate only the court may dispense with the giving of notice to any one or more or all of the relatives.
(3)The person having the care of the proposed ward if other than the person having legal custody of the proposed ward.
(d)If notice is required by Section 1461 or 1542 to be given to the Director of State Hospitals or the Director of Developmental Services or the Director of Social Services, notice shall be delivered pursuant to Section 1215 as required.
(e)If the petition states that the proposed ward is receiving or is entitled to receive benefits from the Veterans Administration, notice shall be delivered pursuant to Section 1215 to the office of the Veterans Administration referred to in Section 1461.5.
(f)Unless the court orders otherwise, notice shall not be given to any of the following:
(1)The parents or other relatives of a proposed ward who has been relinquished to a licensed adoption agency.
(2)The parents of a proposed ward who has been judicially declared free from their custody and control.
(g)Notice need not be given to any person if the court so orders upon a determination of either of the following:
(1)The person cannot with reasonable diligence be given the notice.
(2)The giving of the notice would be contrary to the interest of justice.
(h)Before the appointment of a guardian is made, proof shall be made to the court that each person entitled to notice under this section either:
(1)Has been given notice as required by this section.
(2)Has not been given notice as required by this section because the person cannot with reasonable diligence be given the notice or because the giving of notice to that person would be contrary to the interest of justice.
(i)If notice is required by Section 1460.2 to be given to an Indian custodian or tribe, notice shall be mailed as required.
SEC. 31.Section 1513.2 of the Probate Code is amended to read:1513.2.(a)To the extent resources are available, the court shall implement procedures, as described in this section, to ensure that every guardian annually completes and returns to the court a status report, including the statement described in subdivision (b). A guardian who willfully submits any material information required by the form which he or she knows to be false shall be guilty of a misdemeanor. Not later than one month before the date the status report is required to be returned, the clerk of the court shall deliver a notice pursuant to Section 1215 to the guardian informing the guardian that he or she is required to complete and return the status report to the court. The clerk shall enclose with the letter a blank status report form for the guardian to complete and return. If the status report is not completed and returned as required, or if the court finds, after a status report has been completed and returned, that further information is needed, the court shall attempt to obtain the information required in the report from the guardian or other sources. If the court is unable to obtain this information within 30 days after the date the status report is due, the court shall either order the guardian to make himself or herself available to the investigator for purposes of investigation of the guardianship, or to show cause why the guardian should not be removed.
(b)The Judicial Council shall develop a form for the status report. The form shall include the following statement: A guardian who willfully submits any material information required by this form which he or she knows to be false is guilty of a misdemeanor. The form shall request information the Judicial Council deems necessary to determine the status of the guardianship, including, but not limited to, the following:
(1)The guardians present address and electronic address.
(2)The name and birth date of the child under guardianship.
(3)The name of the school in which the child is enrolled, if any.
(4)If the child is not in the guardians home, the name, relationship, address, electronic address, and telephone number of the person or persons with whom the child resides.
(5)If the child is not in the guardians home, why the child was moved.
(c)The report authorized by this section is confidential and shall only be made available to persons who have been served in the proceedings or their attorneys. The clerk of the court shall implement procedures for the limitation of the report exclusively to persons entitled to its receipt.
SEC. 32.Section 1516 of the Probate Code is amended to read:1516.(a)In each case involving a petition for guardianship of the person, the petitioner shall deliver pursuant to Section 1215 a notice of the hearing and a copy of the petition, at least 15 days before the hearing, to the local agency designated by the board of supervisors to investigate guardianships for the court. The local social services agency providing child protection services shall screen the name of the guardian for prior referrals of neglect or abuse of minors. The results of this screening shall be provided to the court.
(b)This section does not apply to guardianships resulting from a permanency plan for a dependent child pursuant to Section 366.25 of the Welfare and Institutions Code.
SEC. 33.Section 1542 of the Probate Code is amended to read:1542.In each case involving a petition for guardianship of the person, the petitioner shall deliver pursuant to Section 1215 a notice of the hearing and a copy of the petition, at least 15 days before the hearing, to the Director of Social Services at the directors office in Sacramento and to the local agency designated by the board of supervisors to investigate guardianships for the court.
SEC. 34.Section 1822 of the Probate Code is amended to read:1822.(a)At least 15 days before the hearing on the petition for appointment of a conservator, notice of the time and place of the hearing shall be given as provided in this section. The notice shall be accompanied by a copy of the petition. The court shall not shorten the time for giving the notice of hearing under this section.
(b)Notice shall be delivered pursuant to Section 1215 to the following persons:
(1)The spouse, if any, or registered domestic partner, if any, of the proposed conservatee at the address stated in the petition.
(2)The relatives named in the petition at their addresses stated in the petition.
(c)If notice is required by Section 1461 to be given to the Director of State Hospitals or the Director of Developmental Services, notice shall be delivered pursuant to Section 1215 as required.
(d)If the petition states that the proposed conservatee is receiving or is entitled to receive benefits from the Veterans Administration, notice shall be mailed to the Office of the Veterans Administration referred to in Section 1461.5.
(e)If the proposed conservatee is a person with developmental disabilities, at least 30 days before the day of the hearing on the petition, the petitioner shall deliver pursuant to Section 1215 a notice of the hearing and a copy of the petition to the regional center identified in Section 1827.5.
(f)If the petition states that the petitioner and the proposed conservator have no prior relationship with the proposed conservatee and are not nominated by a family member, friend, or other person with a relationship to the proposed conservatee, notice shall be delivered pursuant to Section 1215 to the public guardian of the county in which the petition is filed.
SEC. 35.Section 1826 of the Probate Code is amended to read:1826.(a)Regardless of whether the proposed conservatee attends the hearing, the court investigator shall do all of the following:
(1)Conduct the following interviews:
(A)The proposed conservatee personally.
(B)All petitioners and all proposed conservators who are not petitioners.
(C)The proposed conservatees spouse or registered domestic partner and relatives within the first degree. If the proposed conservatee does not have a spouse, registered domestic partner, or relatives within the first degree, to the greatest extent possible, the proposed conservatees relatives within the second degree.
(D)To the greatest extent practical and taking into account the proposed conservatees wishes, the proposed conservatees relatives within the second degree not required to be interviewed under subparagraph (C), neighbors, and, if known, close friends.
(2)Inform the proposed conservatee of the contents of the citation, of the nature, purpose, and effect of the proceeding, and of the right of the proposed conservatee to oppose the proceeding, to attend the hearing, to have the matter of the establishment of the conservatorship tried by jury, to be represented by legal counsel if the proposed conservatee so chooses, and to have legal counsel appointed by the court if unable to retain legal counsel.
(3)Determine if it appears that the proposed conservatee is unable to attend the hearing and, if able to attend, whether the proposed conservatee is willing to attend the hearing.
(4)Review the allegations of the petition as to why the appointment of the conservator is required and, in making his or her determination, do the following:
(A)Refer to the supplemental information form submitted by the petitioner and consider the facts set forth in the form that address each of the categories specified in paragraphs (1) to (5), inclusive, of subdivision (a) of Section 1821.
(B)Consider, to the extent practicable, whether he or she believes the proposed conservatee suffers from any of the mental function deficits listed in subdivision (a) of Section 811 that significantly impairs the proposed conservatees ability to understand and appreciate the consequences of his or her actions in connection with any of the functions described in subdivision (a) or (b) of Section 1801 and identify the observations that support that belief.
(5)Determine if the proposed conservatee wishes to contest the establishment of the conservatorship.
(6)Determine if the proposed conservatee objects to the proposed conservator or prefers another person to act as conservator.
(7)Determine if the proposed conservatee wishes to be represented by legal counsel and, if so, whether the proposed conservatee has retained legal counsel and, if not, the name of an attorney the proposed conservatee wishes to retain.
(8)(A)Determine if the proposed conservatee is incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and may be disqualified from voting pursuant to Section 2208 of the Elections Code.
(B)The proposed conservatee shall not be disqualified from voting on the basis that he or she does, or would need to do, any of the following to complete an affidavit of voter registration:
(i)Signs the affidavit of voter registration with a mark or a cross pursuant to subdivision (b) of Section 2150 of the Elections Code.
(ii)Signs the affidavit of voter registration by means of a signature stamp pursuant to Section 354.5 of the Elections Code.
(iii)Completes the affidavit of voter registration with the assistance of another person pursuant to subdivision (d) of Section 2150 of the Elections Code.
(iv)Completes the affidavit of voter registration with reasonable accommodations.
(9)If the proposed conservatee has not retained legal counsel, determine if the proposed conservatee desires the court to appoint legal counsel.
(10)Determine if the appointment of legal counsel would be helpful to the resolution of the matter or is necessary to protect the interests of the proposed conservatee in a case where the proposed conservatee does not plan to retain legal counsel and has not requested the appointment of legal counsel by the court.
(11)Report to the court in writing, at least five days before the hearing, concerning all of the foregoing, including the proposed conservatees express communications concerning both of the following:
(A)Representation by legal counsel.
(B)If the proposed conservatee is not willing to attend the hearing, does not wish to contest the establishment of the conservatorship, and does not object to the proposed conservator or prefers that another person act as conservator.
(12)Deliver pursuant to Section 1215, at least five days before the hearing, a copy of the report referred to in paragraph (11) to all of the following:
(A)The attorney, if any, for the petitioner.
(B)The attorney, if any, for the proposed conservatee.
(C)The proposed conservatee.
(D)The spouse, registered domestic partner, and relatives within the first degree of the proposed conservatee who are required to be named in the petition for appointment of the conservator, unless the court determines that the delivery will harm the conservatee.
(E)Any other persons as the court orders.
(b)The court investigator has discretion to release the report required by this section to the public conservator, interested public agencies, and the long-term care ombudsperson.
(c)The report required by this section is confidential and shall be made available only to parties, persons described in paragraph (12) of subdivision (a), persons given notice of the petition who have requested this report or who have appeared in the proceedings, their attorneys, and the court. The court has discretion at any other time to release the report, if it would serve the interests of the conservatee. The clerk of the court shall provide for the limitation of the report exclusively to persons entitled to its receipt.
(d)This section does not apply to a proposed conservatee who has personally executed the petition for conservatorship, or a proposed conservatee who has nominated his or her own conservator, if he or she attends the hearing.
(e)If the court investigator has performed an investigation within the preceding six months and furnished a report thereon to the court, the court may order, upon good cause shown, that another investigation is not necessary or that a more limited investigation may be performed.
(f)An investigation by the court investigator related to a temporary conservatorship also may be a part of the investigation for the general petition for conservatorship, but the court investigator shall make a second visit to the proposed conservatee and the report required by this section shall include the effect of the temporary conservatorship on the proposed conservatee.
(g)The Judicial Council shall, on or before January 1, 2009, adopt rules of court and Judicial Council forms as necessary to implement an expedited procedure to authorize, by court order, a proposed conservatees health care provider to disclose confidential medical information about the proposed conservatee to a court investigator pursuant to federal medical information privacy regulations promulgated under the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191).
(h)A superior court shall not be required to perform any duties imposed pursuant to the amendments to this section enacted by Chapter 493 of the Statutes of 2006 until the Legislature makes an appropriation identified for this purpose.
SEC. 36.Section 1827.5 of the Probate Code is amended to read:1827.5.(a)In the case of any proceeding to establish a limited conservatorship for a person with developmental disabilities, within 30 days after the filing of a petition for limited conservatorship, a proposed limited conservatee, with his or her consent, shall be assessed at a regional center as provided in Chapter 5 (commencing with Section 4620) of Division 4.5 of the Welfare and Institutions Code. The regional center shall submit a written report of its findings and recommendations to the court.
(b)In the case of any proceeding to establish a general conservatorship for a person with developmental disabilities, the regional center, with the consent of the proposed conservatee, may prepare an assessment as provided in Chapter 5 (commencing with Section 4620) of Division 4.5 of the Welfare and Institutions Code. If an assessment is prepared, the regional center shall submit its findings and recommendations to the court.
(c)(1)A report prepared under subdivision (a) or (b) shall include a description of the specific areas, nature, and degree of disability of the proposed conservatee or proposed limited conservatee. The findings and recommendations of the regional center are not binding upon the court.
(2)In a proceeding where the petitioner is a provider of board and care, treatment, habilitation, or other services to persons with developmental disabilities or a spouse or employee of a provider, is not the natural parent of the proposed conservatee or proposed limited conservatee, and is not a public entity, the regional center shall include a recommendation in its report concerning the suitability of the petitioners to meet the needs of the proposed conservatee or proposed limited conservatee.
(d)At least five days before the hearing on the petition, the regional center shall deliver pursuant to Section 1215 a copy of the report described in subdivision (a) to all of the following:
(1)The proposed limited conservatee.
(2)The attorney, if any, for the proposed limited conservatee.
(3)If the petitioner is not the proposed limited conservatee, the attorney for the petitioner or the petitioner if the petitioner does not have an attorney.
(4)Any other persons as the court orders.
(e)The report referred to in subdivisions (a) and (b) shall be confidential and shall be made available only to parties listed in subdivision (d) unless the court, in its discretion, determines that the release of the report would serve the interests of the conservatee who is developmentally disabled. The clerk of the court shall limit disclosure of the report exclusively to persons entitled under this section.
SEC. 37.Section 1830 of the Probate Code is amended to read:1830.(a)The order appointing the conservator shall contain, among other things, the names, addresses, and telephone numbers of:
(1)The conservator.
(2)The conservatees attorney, if any.
(3)The court investigator, if any.
(b)In the case of a limited conservator for a developmentally disabled adult, any order the court issues shall include the findings of the court specified in Section 1828.5. The order shall specify the powers granted to and duties imposed upon the limited conservator, which powers and duties shall not exceed the powers and duties applicable to a conservator under this code. The order shall also specify all of the following:
(1)The properties of the limited conservatee to which the limited conservator is entitled to possession and management, giving a description of the properties that will be sufficient to identify them.
(2)The debts, rentals, wages, or other claims due to the limited conservatee which the limited conservator is entitled to collect, or file suit with respect to, if necessary, and thereafter to possess and manage.
(3)The contractual or other obligations which the limited conservator may incur on behalf of the limited conservatee.
(4)The claims against the limited conservatee which the limited conservator may pay, compromise, or defend, if necessary.
(5)Any other powers, limitations, or duties with respect to the care of the limited conservatee or the management of the property specified in this subdivision by the limited conservator which the court shall specifically and expressly grant.
(c)An information notice of the rights of conservatees shall be attached to the order. The conservator shall deliver pursuant to Section 1215 the order and the attached information notice to the conservatee and the conservatees relatives, as set forth in subdivision (b) of Section 1821, within 30 days of the issuance of the order. By January 1, 2008, the Judicial Council shall develop the notice required by this subdivision.
SEC. 38.Section 1842 of the Probate Code is amended to read:1842.In addition to the persons and entities to whom notice of hearing is required under Section 1822 or 2002, if the proposed conservatee is an absentee, a copy of the petition and notice of the time and place of the hearing shall be delivered pursuant to Section 1215 at least 15 days before the hearing to the secretary concerned or to the head of the United States department or agency concerned, as the case may be. In that case, notice shall also be published pursuant to Section 6061 of the Government Code in a newspaper of general circulation in the county in which the hearing will be held.
SEC. 39.Section 1847 of the Probate Code is amended to read:1847.In addition to the persons and entities to whom notice of hearing is required under Section 1822 or 2002, if the proposed conservatee is a person who is missing and whose whereabouts is unknown:
(a)A copy of the petition for appointment of a conservator and notice of the time and place of the hearing on the petition shall be delivered pursuant to Section 1215 at least 15 days before the hearing to the proposed conservatee at the last known address of the proposed conservatee.
(b)Notice of the time and place of the hearing shall also be published pursuant to Section 6061 of the Government Code in a newspaper of general circulation in the county in which the proposed conservatee was last known to reside if the proposed conservatees last known address is in this state.
(c)Pursuant to Section 1202, the court may require that further or additional notice of the hearing be given.
SEC. 40.Section 1851 of the Probate Code is amended to read:1851.(a)(1)If court review is required pursuant to Section 1850, the court investigator shall, without prior notice to the conservator except as ordered by the court for necessity or to prevent harm to the conservatee, visit the conservatee. The court investigator shall inform the conservatee personally that the conservatee is under a conservatorship and shall give the name of the conservator to the conservatee. The court investigator shall determine all of the following:
(A)If the conservatee wishes to petition the court for termination of the conservatorship.
(B)If the conservatee is still in need of the conservatorship.
(C)If the conservator is acting in the best interests of the conservatee. In determining if the conservator is acting in the best interests of the conservatee, the court investigators evaluation shall include an examination of the conservatees placement, the quality of care, including physical and mental treatment, and the conservatees finances. To the extent practicable, the investigator shall review the accounting with a conservatee who has sufficient capacity. To the greatest extent possible, the court investigator shall interview individuals set forth in paragraph (1) of subdivision (a) of Section 1826, in order to determine if the conservator is acting in the best interests of the conservatee.
(D)(i)If the conservatee is incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process and may be disqualified from voting pursuant to Section 2208 or 2209 of the Elections Code.
(ii)The conservatee shall not be disqualified from voting on the basis that he or she does, or would need to do, any of the following to complete an affidavit of voter registration:
(I)Signs the affidavit of voter registration with a mark or a cross pursuant to subdivision (b) of Section 2150 of the Elections Code.
(II)Signs the affidavit of voter registration by means of a signature stamp pursuant to Section 354.5 of the Elections Code.
(III)Completes the affidavit of voter registration with the assistance of another person pursuant to subdivision (d) of Section 2150 of the Elections Code.
(IV)Completes the affidavit of voter registration with reasonable accommodations.
(2)If the court has made an order under Chapter 4 (commencing with Section 1870), the court investigator shall determine if the present condition of the conservatee is such that the terms of the order should be modified or the order revoked.
(3)Upon request of the court investigator, the conservator shall make available to the court investigator during the investigation for inspection and copying all books and records, including receipts and any expenditures, of the conservatorship.
(b)(1)The findings of the court investigator, including the facts upon which the findings are based, shall be certified in writing to the court not less than 15 days before the date of review. A copy of the report shall be delivered pursuant to Section 1215 to the conservator and to the attorneys of record for the conservator and conservatee at the same time it is certified to the court. A copy of the report, modified as set forth in paragraph (2), also shall be delivered pursuant to Section 1215 to the conservatees spouse or registered domestic partner, the conservatees relatives in the first degree, and, if there are no such relatives, to the next closest relative, unless the court determines that the delivery will harm the conservatee.
(2)Confidential medical information and confidential information from the California Law Enforcement Telecommunications System shall be in a separate attachment to the report and shall not be provided in copies sent to the conservatees spouse or registered domestic partner, the conservatees relatives in the first degree, and, if there are no such relatives, to the next closest relative.
(c)In the case of a limited conservatee, the court investigator shall recommend continuing or terminating the limited conservatorship.
(d)The court investigator may personally visit the conservator and other persons as may be necessary to determine if the conservator is acting in the best interests of the conservatee.
(e)The report required by this section shall be confidential and shall be made available only to parties, persons described in subdivision (b), persons given notice of the petition who have requested the report or who have appeared in the proceeding, their attorneys, and the court. The court shall have discretion at any other time to release the report if it would serve the interests of the conservatee. The clerk of the court shall limit disclosure of the report exclusively to persons entitled to the report under this section.
(f)A superior court is not required to perform any duties imposed pursuant to the amendments to this section enacted by Chapter 493 of the Statutes of 2006 until the Legislature makes an appropriation identified for this purpose.
SEC. 41.Section 2214 of the Probate Code is amended to read:2214.Notice of the hearing shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1. In addition, the petitioner shall deliver pursuant to Section 1215 a notice of the time and place of the hearing and a copy of the petition to all persons required to be listed in the petition at least 15 days before the date set for the hearing.
SEC. 42.Section 2250 of the Probate Code is amended to read:2250.(a)On or after the filing of a petition for appointment of a guardian or conservator, any person entitled to petition for appointment of the guardian or conservator may file a petition for appointment of:
(1)A temporary guardian of the person or estate, or both.
(2)A temporary conservator of the person or estate, or both.
(b)The petition shall state facts that establish good cause for appointment of the temporary guardian or temporary conservator. The court, upon that petition or other showing as it may require, may appoint a temporary guardian of the person or estate, or both, or a temporary conservator of the person or estate, or both, to serve pending the final determination of the court upon the petition for the appointment of the guardian or conservator.
(c)If the petitioner, proposed guardian, or proposed conservator is a professional fiduciary, as described in Section 2340, who is required to be licensed under the Professional Fiduciaries Act (Chapter 6 (commencing with Section 6500) of Division 3 of the Business and Professions Code), the petition for appointment of a temporary guardian or temporary conservator shall include the following:
(1)The petitioners, proposed guardians, or proposed conservators proposed hourly fee schedule or another statement of his or her proposed compensation from the estate of the proposed ward or proposed conservatee for services performed as a guardian or conservator. The petitioners, proposed guardians, or proposed conservators provision of a proposed hourly fee schedule or another statement of his or her proposed compensation, as required by this paragraph, shall not preclude a court from later reducing the petitioners, proposed guardians, or proposed conservators fees or other compensation.
(2)Unless a petition for appointment of a guardian or conservator that contains the statements required by this paragraph is filed together with a petition for appointment of a temporary guardian or temporary conservator, both of the following:
(A)A statement of the petitioners, proposed guardians, or proposed conservators registration or license information.
(B)A statement explaining who engaged the petitioner, proposed guardian, or proposed conservator or how the petitioner, proposed guardian, or proposed conservator was engaged to file the petition for appointment of a temporary guardian or temporary conservator or to agree to accept the appointment as temporary guardian or temporary conservator and what prior relationship the petitioner, proposed guardian, or proposed conservator had with the proposed ward or proposed conservatee or the proposed wards or proposed conservatees family or friends.
(d)If the petition is filed by a party other than the proposed conservatee, the petition shall include a declaration of due diligence showing both of the following:
(1)Either the efforts to find the proposed conservatees relatives named in the petition for appointment of a general conservator or why it was not feasible to contact any of them.
(2)Either the preferences of the proposed conservatee concerning the appointment of a temporary conservator and the appointment of the proposed temporary conservator or why it was not feasible to ascertain those preferences.
(e)Unless the court for good cause otherwise orders, at least five court days before the hearing on the petition, notice of the hearing shall be given as follows:
(1)Notice of the hearing shall be personally delivered to the proposed ward if he or she is 12 years of age or older, to the parent or parents of the proposed ward, and to any person having a valid visitation order with the proposed ward that was effective at the time of the filing of the petition. Notice of the hearing shall not be delivered to the proposed ward if he or she is under 12 years of age. In a proceeding for temporary guardianship of the person, evidence that a custodial parent has died or become incapacitated, and that the petitioner or proposed guardian is the nominee of the custodial parent, may constitute good cause for the court to order that this notice not be delivered.
(2)Notice of the hearing shall be personally delivered to the proposed conservatee, and notice of the hearing shall be delivered pursuant to Section 1215 on the persons required to be named in the petition for appointment of conservator. If the petition states that the petitioner and the proposed conservator have no prior relationship with the proposed conservatee and have not been nominated by a family member, friend, or other person with a relationship to the proposed conservatee, notice of hearing shall be delivered pursuant to Section 1215 on the public guardian of the county in which the petition is filed.
(3)A copy of the petition for temporary appointment shall be delivered pursuant to Section 1215 with the notice of hearing.
(f)If a temporary guardianship is granted ex parte and the hearing on the general guardianship petition is not to be held within 30 days of the granting of the temporary guardianship, the court shall set a hearing within 30 days to reconsider the temporary guardianship. Notice of the hearing for reconsideration of the temporary guardianship shall be provided pursuant to Section 1511, except that the court may for good cause shorten the time for the notice of the hearing.
(g)Visitation orders with the proposed ward granted before the filing of a petition for temporary guardianship shall remain in effect, unless for good cause the court orders otherwise.
(h)(1)If a temporary conservatorship is granted ex parte, and a petition to terminate the temporary conservatorship is filed more than 15 days before the first hearing on the general petition for appointment of conservator, the court shall set a hearing within 15 days of the filing of the petition for termination of the temporary conservatorship to reconsider the temporary conservatorship. Unless the court otherwise orders, notice of the hearing on the petition to terminate the temporary conservatorship shall be given at least 10 days before the hearing.
(2)If a petition to terminate the temporary conservatorship is filed within 15 days before the first hearing on the general petition for appointment of conservator, the court shall set the hearing at the same time that the hearing on the general petition is set. Unless the court otherwise orders, notice of the hearing on the petition to terminate the temporary conservatorship pursuant to this section shall be given at least five court days before the hearing.
(i)If the court suspends powers of the guardian or conservator under Section 2334 or 2654 or under any other provision of this division, the court may appoint a temporary guardian or conservator to exercise those powers until the powers are restored to the guardian or conservator or a new guardian or conservator is appointed.
(j)If for any reason a vacancy occurs in the office of guardian or conservator, the court, on a petition filed under subdivision (a) or on its own motion, may appoint a temporary guardian or conservator to exercise the powers of the guardian or conservator until a new guardian or conservator is appointed.
(k)On or before January 1, 2008, the Judicial Council shall adopt a rule of court that establishes uniform standards for good cause exceptions to the notice required by subdivision (e), limiting those exceptions to only cases when waiver of the notice is essential to protect the proposed conservatee or ward, or the estate of the proposed conservatee or ward, from substantial harm.
(l)A superior court shall not be required to perform any duties imposed pursuant to the amendments to this section enacted by Chapter 493 of the Statutes 2006 until the Legislature makes an appropriation identified for this purpose.
SEC. 43.Section 2352 of the Probate Code is amended to read:2352.(a)The guardian may establish the residence of the ward at any place within this state without the permission of the court. The guardian shall select the least restrictive appropriate residence that is available and necessary to meet the needs of the ward, and that is in the best interests of the ward.
(b)The conservator may establish the residence of the conservatee at any place within this state without the permission of the court. The conservator shall select the least restrictive appropriate residence, as described in Section 2352.5, that is available and necessary to meet the needs of the conservatee, and that is in the best interests of the conservatee.
(c)If permission of the court is first obtained, a guardian or conservator may establish the residence of a ward or conservatee at a place not within this state. Notice of the hearing on the petition to establish the residence of the ward or conservatee out of state, together with a copy of the petition, shall be given in the manner required by subdivision (a) of Section 1460 to all persons entitled to notice under subdivision (b) of Section 1511 or subdivision (b) of Section 1822.
(d)(1)An order under subdivision (c) relating to a ward shall require the guardian either to return the ward to this state, or to cause a guardianship proceeding or its equivalent to be commenced in the place of the new residence, when the ward has resided in the place of new residence for a period of four months or a longer or shorter period specified in the order.
(2)An order under subdivision (c) relating to a conservatee shall require the conservator to do one of the following when the conservatee has resided in the other state for a period of four months or a longer or shorter period specified in the order:
(A)Return the conservatee to this state.
(B)Petition for transfer of the conservatorship to the other state under Article 3 (commencing with Section 2001) of Chapter 8 of Part 3 and corresponding law of the other state.
(C)Cause a conservatorship proceeding or its equivalent to be commenced in the other state.
(e)(1)The guardian or conservator shall file a notice of change of residence with the court within 30 days of the date of the change. The guardian or conservator shall include in the notice of change of residence a declaration stating that the wards or conservatees change of residence is consistent with the standard described in subdivision (b).
(2)The guardian or conservator shall deliver pursuant to Section 1215 a copy of the notice to all persons entitled to notice under subdivision (b) of Section 1511 or subdivision (b) of Section 1822 and shall file proof of delivery of the notice with the court. The court may, for good cause, waive the delivery requirement pursuant to this paragraph in order to prevent harm to the conservatee or ward.
(3)If the guardian or conservator proposes to remove the ward or conservatee from his or her personal residence, except as provided by subdivision (c), the guardian or conservator shall deliver pursuant to Section 1215 a notice of his or her intention to change the residence of the ward or conservatee to all persons entitled to notice under subdivision (b) of Section 1511 and subdivision (b) of Section 1822. In the absence of an emergency, that notice shall be delivered at least 15 days before the proposed removal of the ward or conservatee from his or her personal residence. If the notice is delivered less than 15 days before the proposed removal of the ward or conservatee, the guardian or conservator shall set forth the basis for the emergency in the notice. The guardian or conservator shall file proof of delivery of that notice with the court.
(f)This section does not apply where the court has made an order under Section 2351 pursuant to which the conservatee retains the right to establish his or her own residence.
(g)As used in this section, guardian or conservator includes a proposed guardian or proposed conservator and ward or conservatee includes a proposed ward or proposed conservatee.
(h)This section does not apply to a person with developmental disabilities for whom the Director of Developmental Services or a regional center, established pursuant to Chapter 5 (commencing with Section 4620) of Division 4.5 of the Welfare and Institutions Code, acts as the conservator.
SEC. 44.Section 2357 of the Probate Code is amended to read:2357.(a)As used in this section:
(1)Guardian or conservator includes a temporary guardian of the person or a temporary conservator of the person.
(2)Ward or conservatee includes a person for whom a temporary guardian of the person or temporary conservator of the person has been appointed.
(b)If the ward or conservatee requires medical treatment for an existing or continuing medical condition which is not authorized to be performed upon the ward or conservatee under Section 2252, 2353, 2354, or 2355, and the ward or conservatee is unable to give an informed consent to this medical treatment, the guardian or conservator may petition the court under this section for an order authorizing the medical treatment and authorizing the guardian or conservator to consent on behalf of the ward or conservatee to the medical treatment.
(c)The petition shall state, or set forth by medical affidavit attached thereto, all of the following so far as is known to the petitioner at the time the petition is filed:
(1)The nature of the medical condition of the ward or conservatee which requires treatment.
(2)The recommended course of medical treatment which is considered to be medically appropriate.
(3)The threat to the health of the ward or conservatee if authorization to consent to the recommended course of treatment is delayed or denied by the court.
(4)The predictable or probable outcome of the recommended course of treatment.
(5)The medically available alternatives, if any, to the course of treatment recommended.
(6)The efforts made to obtain an informed consent from the ward or conservatee.
(7)The name and addresses, so far as they are known to the petitioner, of the persons specified in subdivision (c) of Section 1510 in a guardianship proceeding or subdivision (b) of Section 1821 in a conservatorship proceeding.
(d)Upon the filing of the petition, unless an attorney is already appointed the court shall appoint the public defender or private counsel under Section 1471, to consult with and represent the ward or conservatee at the hearing on the petition and, if that appointment is made, Section 1472 applies.
(e)Notice of the petition shall be given as follows:
(1)Not less than 15 days before the hearing, notice of the time and place of the hearing, and a copy of the petition shall be personally served on the ward, if 12 years of age or older, or the conservatee, and on the attorney for the ward or conservatee.
(2)Not less than 15 days before the hearing, notice of the time and place of the hearing, and a copy of the petition shall be delivered pursuant to Section 1215 to the following persons:
(A)The spouse or domestic partner, if any, of the proposed conservatee at the address stated in the petition.
(B)The relatives named in the petition at their addresses stated in the petition.
(f)For good cause, the court may shorten or waive notice of the hearing as provided by this section. In determining the period of notice to be required, the court shall take into account both of the following:
(1)The existing medical facts and circumstances set forth in the petition or in a medical affidavit attached to the petition or in a medical affidavit presented to the court.
(2)The desirability, where the condition of the ward or conservatee permits, of giving adequate notice to all interested persons.
(g)Notwithstanding subdivisions (e) and (f), the matter may be submitted for the determination of the court upon proper and sufficient medical affidavits or declarations if the attorney for the petitioner and the attorney for the ward or conservatee so stipulate and further stipulate that there remains no issue of fact to be determined.
(h)The court may make an order authorizing the recommended course of medical treatment of the ward or conservatee and authorizing the guardian or conservator to consent on behalf of the ward or conservatee to the recommended course of medical treatment for the ward or conservatee if the court determines from the evidence all of the following:
(1)The existing or continuing medical condition of the ward or conservatee requires the recommended course of medical treatment.
(2)If untreated, there is a probability that the condition will become life-endangering or result in a serious threat to the physical or mental health of the ward or conservatee.
(3)The ward or conservatee is unable to give an informed consent to the recommended course of treatment.
(i)Upon petition of the ward or conservatee or other interested person, the court may order that the guardian or conservator obtain or consent to, or obtain and consent to, specified medical treatment to be performed upon the ward or conservatee. Notice of the hearing on the petition under this subdivision shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1.
SEC. 45.Section 2361 of the Probate Code is amended to read:2361.A conservator shall provide notice of a conservatees death by delivering pursuant to Section 1215 a copy of the notice to all persons entitled to notice under Section 1460 and by filing a proof of delivery with the court, unless otherwise ordered by the court.
SEC. 46.Section 2610 of the Probate Code is amended to read:2610.(a)Within 90 days after appointment, or within any further time as the court for reasonable cause upon ex parte petition of the guardian or conservator may allow, the guardian or conservator shall file with the clerk of the court and deliver pursuant to Section 1215 to the conservatee and to the attorneys of record for the ward or conservatee, along with notice of how to file an objection, an inventory and appraisal of the estate, made as of the date of the appointment of the guardian or conservator. A copy of this inventory and appraisal, along with notice of how to file an objection, also shall be delivered to the conservatees spouse or registered domestic partner, the conservatees relatives in the first degree, and, if there are no such relatives, to the next closest relative, unless the court determines that the delivery will result in harm to the conservatee.
(b)The guardian or conservator shall take and subscribe to an oath that the inventory contains a true statement of all of the estate of the ward or conservatee of which the guardian or conservator has possession or knowledge. The oath shall be endorsed upon or annexed to the inventory.
(c)The property described in the inventory shall be appraised in the manner provided for the inventory and appraisal of estates of decedents. The guardian or conservator may appraise the assets that a personal representative could appraise under Section 8901.
(d)If a conservatorship is initiated pursuant to the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code), and no sale of the estate will occur:
(1)The inventory and appraisal required by subdivision (a) shall be filed within 90 days after appointment of the conservator.
(2)The property described in the inventory may be appraised by the conservator and need not be appraised by a probate referee.
(e)By January 1, 2008, the Judicial Council shall develop a form to effectuate the notice required in subdivision (a).
SEC. 47.Section 2611 of the Probate Code is amended to read:2611.If the ward or conservatee is or has been during the guardianship or conservatorship a patient in a state hospital under the jurisdiction of the State Department of State Hospitals or the State Department of Developmental Services, the guardian or conservator shall deliver pursuant to Section 1215 a copy of the inventory and appraisal filed under Section 2610 to the director of the appropriate department at the directors office in Sacramento not later than 15 days after the inventory and appraisal is filed with the court. Compliance with this section is not required if an unrevoked certificate described in subdivision (c) of Section 1461 is on file with the court with respect to the ward or conservatee.
SEC. 48.Section 2612 of the Probate Code is amended to read:2612.If a timely request is made, the clerk of court shall deliver pursuant to Section 1215 a copy of the inventory and appraisal filed under Section 2610 to the county assessor.
SEC. 49.Section 2614 of the Probate Code is amended to read:2614.(a)Within 30 days after the inventory and appraisal is filed, the guardian or conservator or any creditor or other interested person may file written objections to any or all appraisals. The clerk shall set the objections for hearing not less than 15 days after their filing.
(b)Notice of the hearing, together with a copy of the objections, shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1. If the appraisal was made by a probate referee, the person objecting shall also deliver pursuant to Section 1215 notice of the hearing and a copy of the objection to the probate referee at least 15 days before the time set for the hearing.
(c)The court shall determine the objections and may fix the true value of any asset to which objection has been filed. For the purpose of this subdivision, the court may cause an independent appraisal or appraisals to be made by at least one additional appraiser at the expense of the estate or, if the objecting party is not the guardian or conservator and the objection is rejected by the court, the court may assess the cost of any additional appraisal or appraisals against the objecting party.
SEC. 50.Section 2683 of the Probate Code is amended to read:2683.(a)At least 15 days before the hearing on the petition for appointment of a successor conservator, notice of the time and place of the hearing shall be given as provided in this section. The notice shall be accompanied by a copy of the petition.
(b)Notice shall be delivered pursuant to Section 1215 to the persons designated in Section 1460 and to the relatives named in the petition.
(c)If notice is required by Section 1461 to be given to the Director of State Hospitals or the Director of Developmental Services, notice shall be delivered pursuant to Section 1215 as required.
(d)If notice is required by Section 1461.5 to be given to the Veterans Administration, notice shall be delivered pursuant to Section 1215 as required.
SEC. 51.Section 2684 of the Probate Code is amended to read:2684.Unless the petition states that the conservatee will be present at the hearing, the court investigator shall do all of the following:
(a)Interview the conservatee personally.
(b)Inform the conservatee of the nature of the proceeding to appoint a successor conservator, the name of the person proposed as successor conservator, and the conservatees right to appear personally at the hearing, to object to the person proposed as successor conservator, to nominate a person to be appointed as successor conservator, to be represented by legal counsel if the conservatee so chooses, and to have legal counsel appointed by the court if unable to retain legal counsel.
(c)Determine whether the conservatee objects to the person proposed as successor conservator or prefers another person to be appointed.
(d)If the conservatee is not represented by legal counsel, determine whether the conservatee wishes to be represented by legal counsel and, if so, determine the name of an attorney the conservatee wishes to retain or whether the conservatee desires the court to appoint legal counsel.
(e)Determine whether the appointment of legal counsel would be helpful to the resolution of the matter or is necessary to protect the interests of the conservatee in any case where the conservatee does not plan to retain legal counsel and has not requested the appointment of legal counsel by the court.
(f)Report to the court in writing, at least five days before the hearing, concerning all of the foregoing, including the conservatees express communications concerning representation by legal counsel and whether the conservatee objects to the person proposed as successor conservator or prefers that some other person be appointed.
(g)Deliver pursuant to Section 1215, at least five days before the hearing, a copy of the report referred to in subdivision (f) to all of the following:
(1)The attorney, if any, for the petitioner.
(2)The attorney, if any, for the conservatee.
(3)Any other persons as the court orders.
SEC. 52.Section 2700 of the Probate Code is amended to read:2700.(a)At any time after the issuance of letters of guardianship or conservatorship, the ward, if over 14 years of age or the conservatee, the spouse of the ward or the spouse or domestic partner of the conservatee, any relative or creditor of the ward or conservatee, or any other interested person, in person or by attorney, may file with the court clerk a written request for special notice.
(b)The request for special notice shall be so entitled and shall set forth the name of the person and the address to which notices shall be delivered pursuant to Section 1215.
(c)Special notice may be requested of any one or more of the following matters:
(1)Petitions filed in the guardianship or conservatorship proceeding.
(2)Inventories and appraisals of property in the estate, including any supplemental inventories and appraisals.
(3)Accounts of the guardian or conservator.
(4)Proceedings for the final termination of the guardianship or conservatorship proceeding.
(d)Special notice may be requested of:
(1)Any one or more of the matters in subdivision (c) by describing the matter or matters.
(2)All the matters in subdivision (c) by referring generally to the matters described in subdivision (c) of Section 2700 of the Probate Code or by using words of similar meaning.
(e)A copy of the request shall be delivered pursuant to Section 1215 to the guardian or conservator or to the attorney for the guardian or conservator. If personally delivered, the request is effective when it is delivered. If mailed or electronically delivered, the request is effective when it is received.
(f)If the original of the request is filed with the court clerk, it shall be accompanied by a written admission or proof of service.
SEC. 53.Section 2702 of the Probate Code is amended to read:2702.(a)Unless the court makes an order dispensing with the notice, if a request has been made pursuant to this chapter for special notice of a hearing, the person filing the petition, account, or other paper shall give written notice pursuant to Section 1215 of the filing, together with a copy of the petition, account, or other paper, and the time and place set for the hearing, to the person named in the request at the address set forth in the request, at least 15 days before the time set for the hearing.
(b)If a request has been made pursuant to this chapter for special notice of the filing of an inventory and appraisal of the estate or of the filing of any other paper that does not require a hearing, the inventory and appraisal or other paper shall be delivered pursuant to Section 1215 not later than 15 days after the inventory and appraisal or other paper is filed with the court.
SEC. 54.Section 2804 of the Probate Code is amended to read:2804.At least 30 days before the hearing, the petitioner shall deliver pursuant to Section 1215 a notice of the time and place of the hearing and a copy of the petition to each person required to be listed in the petition at the address stated in the petition.
SEC. 55.Section 2808 of the Probate Code is amended to read:2808.(a)If the courts order provides for the transfer of all of the property of the estate to the foreign guardian or conservator, the court, upon settlement of the final account, shall order the guardianship of the estate or the conservatorship of the estate terminated upon the filing with the clerk of the court of a receipt for the property executed by the foreign guardian or conservator.
(b)Unless notice is waived, a copy of the final account of the guardian or conservator and of the petition for discharge, together with a notice of the hearing, shall be delivered pursuant to Section 1215 at least 30 days before the date of the hearing to all persons required to be listed in the petition for transfer, including the foreign guardian or conservator.
SEC. 56.Section 3088 of the Probate Code is amended to read:3088.(a)The court may order the spouse who has the management or control of community property to apply the income or principal, or both, of the community property to the support and maintenance of the conservatee, including care, treatment, and support of a conservatee who is a patient in a state hospital under the jurisdiction of the State Department of State Hospitals or the State Department of Developmental Services, as ordered by the court.
(b)In determining the amount ordered for support and maintenance, the court shall consider the following circumstances of the spouses:
(1)The earning capacity and needs of each spouse.
(2)The obligations and assets, including the separate property, of each spouse.
(3)The duration of the marriage.
(4)The age and health of the spouses.
(5)The standard of living of the spouses.
(6)Any other relevant factors which it considers just and equitable.
(c)At the request of any interested person, the court shall make appropriate findings with respect to the circumstances.
(d)The court may order the spouse who has the management or control of community property to make a specified monthly or other periodic payment to the conservator of the person of the conservatee or to any other person designated in the order. The court may order the spouse required to make the periodic payments to give reasonable security therefor.
(e)(1)The court may order the spouse required to make the periodic payments to assign, to the person designated in the order to receive the payments, that portion of the earnings of the spouse due or to be due in the future as will be sufficient to pay the amount ordered by the court for the support and maintenance of the conservatee. The order operates as an assignment and is binding upon any existing or future employer upon whom a copy of the order is served. The order shall be in the form of an earnings assignment order for support prescribed by the Judicial Council for use in family law proceedings. The employer may deduct the sum of one dollar and fifty cents ($1.50) for each payment made pursuant to the order. Any such assignment made pursuant to court order shall have priority as against any execution or other assignment unless otherwise ordered by the court or unless the other assignment is made pursuant to Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the Family Code. An employer shall not use any assignment authorized by this subdivision as grounds for the dismissal of that employee.
(2)As used in this subdivision, employer includes the United States government and any public entity as defined in Section 811.2 of the Government Code. This subdivision applies to the money and benefits described in Sections 704.110 and 704.113 of the Code of Civil Procedure to the extent that those moneys and benefits are subject to a wage assignment for support under Chapter 4 (commencing with Section 703.010) of Division 2 of Title 9 of Part 2 of the Code of Civil Procedure.
(f)The court retains jurisdiction to modify or to vacate an order made under this section where justice requires, except as to any amount that may have accrued before the date of the filing of the petition to modify or revoke the order. At the request of any interested person, the order of modification or revocation shall include findings of fact and may be made retroactive to the date of the filing of the petition to revoke or modify, or to any date subsequent thereto. At least 15 days before the hearing on the petition to modify or vacate the order, the petitioner shall deliver pursuant to Section 1215 a notice of the time and place of the hearing on the petition, accompanied by a copy of the petition, to the spouse who has the management or control of the community property. Notice shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1 to any other persons entitled to notice of the hearing under that chapter.
(g)In a proceeding for dissolution of the marriage or for legal separation, the court has jurisdiction to modify or vacate an order made under this section to the same extent as it may modify or vacate an order made in the proceeding for dissolution of the marriage or for legal separation.
SEC. 57.Section 3131 of the Probate Code is amended to read:3131.(a)At least 15 days before the hearing on the petition, the petitioner shall cause a notice of the time and place of the hearing and a copy of the petition to be served upon any nonpetitioning spouse not alleged to lack legal capacity for the proposed transaction.
(b)Service under subdivision (a) shall be made in the manner provided in Section 415.10 or 415.30 of the Code of Civil Procedure or in such other manner as may be authorized by the court. If the person to be served is outside this state, service may also be made in the manner provided in Section 415.40 of the Code of Civil Procedure.
(c)At least 15 days before the hearing on the petition, the petitioner shall deliver pursuant to Section 1215 a notice of the time and place of the hearing on the petition to those persons required to be named in the petition at the addresses set forth in the petition.
SEC. 58.Section 3206 of the Probate Code is amended to read:3206.(a)Not less than 15 days before the hearing, notice of the time and place of the hearing and a copy of the petition shall be personally served on the patient, the patients attorney, and the agent under the patients power of attorney for health care, if any.
(b)Not less than 15 days before the hearing, notice of the time and place of the hearing and a copy of the petition shall be delivered pursuant to Section 1215 to the following persons:
(1)The patients spouse, if any, at the address stated in the petition.
(2)The patients relatives named in the petition at their addresses stated in the petition.
(c)For good cause, the court may shorten or waive notice of the hearing as provided by this section. In determining the period of notice to be required, the court shall take into account both of the following:
(1)The existing medical facts and circumstances set forth in the petition or in a medical declaration attached to the petition or in a medical declaration presented to the court.
(2)The desirability, where the condition of the patient permits, of giving adequate notice to all interested persons.
SEC. 59.Section 3602 of the Probate Code is amended to read:3602.(a)If there is no guardianship of the estate of the minor or conservatorship of the estate of the person with a disability, the remaining balance of the money and other property, after payment of all expenses, costs, and fees as approved and allowed by the court under Section 3601, shall be paid, delivered, deposited, or invested as provided in Article 2 (commencing with Section 3610).
(b)Except as provided in subdivisions (c) and (d), if there is a guardianship of the estate of the minor or conservatorship of the estate of the person with a disability, the remaining balance of the money and other property, after payment of all expenses, costs, and fees as approved and allowed by the court under Section 3601, shall be paid or delivered to the guardian or conservator of the estate. Upon application of the guardian or conservator, the court making the order or giving the judgment referred to in Section 3600 or the court in which the guardianship or conservatorship proceeding is pending may, with or without notice, make an order that all or part of the money paid or to be paid to the guardian or conservator under this subdivision be deposited or invested as provided in Section 2456.
(c)Upon ex parte petition of the guardian or conservator or upon petition of any person interested in the guardianship or conservatorship estate, the court making the order or giving the judgment referred to in Section 3600 may for good cause shown order one or more of the following:
(1)That all or part of the remaining balance of money not become a part of the guardianship or conservatorship estate and instead be deposited in an insured account in a financial institution in this state, or in a single-premium deferred annuity, subject to withdrawal only upon authorization of the court.
(2)If there is a guardianship of the estate of the minor, that all or part of the remaining balance of money and other property not become a part of the guardianship estate and instead be transferred to a custodian for the benefit of the minor under the California Uniform Transfers to Minors Act, Part 9 (commencing with Section 3900).
(3)That all or part of the remaining balance of money and other property not become a part of the guardianship estate and, instead, be transferred to the trustee of a trust which is either created by, or approved of, in the order or judgment described in Section 3600. This trust shall be revocable by the minor upon attaining 18 years of age, and shall contain other terms and conditions, including, but not limited to, terms and conditions concerning trustees accounts and trustees bond, as the court determines to be necessary to protect the minors interests.
(d)Upon petition of the guardian, conservator, or any person interested in the guardianship or conservatorship estate, the court making the order or giving the judgment referred to in Section 3600 may order that all or part of the remaining balance of money not become a part of the guardianship or conservatorship estate and instead be paid to a special needs trust established under Section 3604 for the benefit of the minor or person with a disability.
(e)If the petition is by a person other than the guardian or conservator, notice of hearing on a petition under subdivision (c) shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1.
(f)Notice of the time and place of hearing on a petition under subdivision (d), and a copy of the petition, shall be delivered pursuant to Section 1215 to the State Director of Health Care Services, the Director of State Hospitals, and the Director of Developmental Services at the office of each director in Sacramento at least 15 days before the hearing.
SEC. 60.Section 3704 of the Probate Code is amended to read:3704.(a)Notice of the nature of the proceedings and the time and place of the hearing shall be given by the petitioner at least 15 days before the hearing date by all of the following means:
(1)By delivery pursuant to Section 1215, together with a copy of the petition, to all persons comprising the family of the absentee.
(2)By delivery by a method that would be sufficient for service of summons in a civil action, together with a copy of the petition, to the secretary concerned or to the head of the United States department or agency concerned.
(3)By publication pursuant to Section 6061 of the Government Code in a newspaper of general circulation in the county in which the proceedings will be held.
(b)If notice to an officer or agency of this state or of the United States is required under Section 1461 or 1822 upon petition for appointment of a conservator, notice shall be given of the petition under this chapter.
SEC. 61.Section 3801 of the Probate Code is amended to read:3801.(a)The petition shall be made upon 15 days notice, by delivery pursuant to Section 1215, to all of the following persons:
(1)The personal representative or other person in whose possession the property may be.
(2)Persons in this state, known to the petitioner, who are obligated to pay a debt, perform an obligation, or issue a security to the nonresident or the estate of the nonresident.
(b)The petition shall be made upon additional notice, if any, as the court may order.
SEC. 62.Section 3918 of the Probate Code is amended to read:3918.(a)A person nominated under Section 3903 or designated under Section 3909 as custodian may decline to serve by delivering a valid disclaimer under Part 8 (commencing with Section 260) of Division 2 to the person who made the nomination or to the transferor or the transferors legal representative. If the event giving rise to a transfer has not occurred and no substitute custodian able, willing, and eligible to serve was nominated under Section 3903, the person who made the nomination may nominate a substitute custodian under Section 3903; otherwise the transferor or the transferors legal representative shall designate a substitute custodian at the time of the transfer, in either case from among the persons eligible to serve as custodian for that kind of property under subdivision (a) of Section 3909. The custodian so designated has the rights of a successor custodian.
(b)A custodian at any time may designate a trust company or an adult other than a transferor under Section 3904 as successor custodian by executing and dating an instrument of designation before a subscribing witness other than the successor. If the instrument of designation does not contain or is not accompanied by the resignation of the custodian, the designation of the successor does not take effect until the custodian resigns, dies, becomes incapacitated, or is removed. The transferor may designate one or more persons as successor custodians to serve, in the designated order of priority, in case the custodian originally designated or a prior successor custodian is unable, declines, or is ineligible to serve or resigns, dies, becomes incapacitated, or is removed. The designation either (1) shall be made in the same transaction and by the same document by which the transfer is made or (2) shall be made by executing and dating a separate instrument of designation before a subscribing witness other than a successor as a part of the same transaction and contemporaneously with the execution of the document by which the transfer is made. The designation is made by setting forth the successor custodians name, followed in substance by the words: is designated [first, second, etc., where applicable] successor custodian. A successor custodian designated by the transferor may be a trust company or an adult other than a transferor under Section 3904. A successor custodian effectively designated by the transferor has priority over a successor custodian designated by a custodian.
(c)A custodian may resign at any time by delivering written notice to the minor if the minor has attained the age of 14 years and to the successor custodian and by delivering the custodial property to the successor custodian.
(d)If the transferor has not effectively designated a successor custodian, and a custodian is ineligible, dies, or becomes incapacitated without having effectively designated a successor and the minor has attained the age of 14 years, the minor may designate as successor custodian, in the manner prescribed in subdivision (b), an adult member of the minors family, a conservator of the minor, or a trust company. If the minor has not attained the age of 14 years or fails to act within 60 days after the ineligibility, death, or incapacity, the conservator of the minor becomes successor custodian. If the minor has no conservator or the conservator declines to act, the transferor, the legal representative of the transferor or of the custodian, an adult member of the minors family, or any other interested person may petition the court to designate a successor custodian.
(e)A custodian who declines to serve under subdivision (a) or resigns under subdivision (c), or the legal representative of a deceased or incapacitated custodian, as soon as practicable, shall put the custodial property and records in the possession and control of the successor custodian. The successor custodian by action may enforce the obligation to deliver custodial property and records and becomes responsible for each item as received.
(f)A transferor, the legal representative of a transferor, an adult member of the minors family, a guardian of the person of the minor, the conservator of the minor, or the minor if the minor has attained the age of 14 years, may petition the court to remove the custodian for cause and to designate a successor custodian other than a transferor under Section 3904 or to require the custodian to give appropriate bond.
(g)At least 15 days before the hearing on a petition under subdivision (d) or (f), the petitioner shall deliver notice pursuant to Section 1215 to each of the following persons:
(1)The minor.
(2)The parent or parents of the minor.
(3)The transferor.
(h)Upon consideration of the petition under subdivision (d) or (f), the court may grant the relief that the court finds to be in the best interests of the minor.
SEC. 63.Section 8100 of the Probate Code is amended to read:8100.The notice of hearing of a petition for administration of a decedents estate, whether delivered under Article 2 (commencing with Section 8110) or published under Article 3 (commencing with Section 8120), shall state substantially as follows:
NOTICE OF PETITION TO ADMINISTER |
To all heirs, beneficiaries, creditors, and contingent creditors of _________ and persons who may be otherwise interested in the will or estate, or both: A petition has been filed by _________ in the Superior Court of California, County of _________, requesting that _________ be appointed as personal representative to administer the estate of _________ [and for probate of the decedents will, which is available for examination in the court file]. [The petition requests authority to administer the estate under the Independent Administration of Estates Act. This will avoid the need to obtain court approval for many actions taken in connection with the estate. However, before taking certain actions, the personal representative will be required to give notice to interested persons unless they have waived notice or have consented to the proposed action. The petition will be granted unless good cause is shown why it should not be.] |
The petition is set for hearing in Dept. No. |
at(Address) on (Date of hearing)at(Time of hearing) . |
IF YOU OBJECT to the granting of the petition, you should appear at the hearing and state your objections or file written objections with the court before the hearing. Your appearance may be in person or by your attorney.
IF YOU ARE A CREDITOR or a contingent creditor of the deceased, you must file your claim with the court and mail a copy to the personal representative appointed by the court within the later of either (1) four months from the date of first issuance of letters to a general personal representative, as defined in subdivision (b) of Section 58 of the California Probate Code, or (2) 60 days from the date of delivery of the notice to you under Section 9052 of the California Probate Code.
YOU MAY EXAMINE the file kept by the court. If you are interested in the estate, you may request special notice of the filing of an inventory and appraisal of estate assets or of any petition or account as provided in Section 1250 of the California Probate Code.
(Name and address of petitioner or petitioners attorney) |
At least 15 days before the hearing of a petition for administration of a decedents estate, the petitioner shall deliver notice of the hearing pursuant to Section 1215 on all of the following persons:
(a)Each heir of the decedent, so far as known to or reasonably ascertainable by the petitioner.
(b)Each devisee, executor, and alternative executor named in any will being offered for probate, regardless of whether the devise or appointment is purportedly revoked in a subsequent instrument.
SEC. 65.Section 8111 of the Probate Code is amended to read:8111.If the decedents will involves or may involve a testamentary trust of property for charitable purposes other than a charitable trust with a designated trustee resident in this state, or involves or may involve a devise for charitable purposes without an identified devisee, notice of hearing accompanied by a copy of the petition and of the will shall be delivered pursuant to Section 1215 to the Attorney General as provided in Section 1209.
SEC. 66.Section 8200 of the Probate Code is amended to read:8200.(a)Unless a petition for probate of the will is earlier filed, the custodian of a will shall, within 30 days after having knowledge of the death of the testator, do both of the following:
(1)Deliver the will, personally or by registered or certified mail, to the clerk of the superior court of the county in which the estate of the decedent may be administered.
(2)Deliver a copy of the will pursuant to Section 1215 to the person named in the will as executor, if the persons whereabouts is known to the custodian, or if not, to a person named in the will as a beneficiary, if the persons whereabouts is known to the custodian.
(b)A custodian of a will who fails to comply with the requirements of this section shall be liable for all damages sustained by any person injured by the failure.
(c)The clerk shall release a copy of a will delivered under this section for attachment to a petition for probate of the will or otherwise on receipt of payment of the required fee and either a court order for production of the will or a certified copy of a death certificate of the decedent.
(d)The fee for delivering a will to the clerk of the superior court pursuant to paragraph (1) of subdivision (a) shall be as provided in Section 70626 of the Government Code. If an estate is commenced for the decedent named in the will, the fee for any will delivered pursuant to paragraph (1) of subdivision (a) shall be reimbursable from the estate as an expense of administration.
SEC. 67.Section 8203 of the Probate Code is amended to read:8203.If a will has been delivered to the clerk of the superior court in a county in which no proceeding is pending to administer the testators estate, that court may order the will transferred to the clerk of the superior court in a county in which such a proceeding is pending. A petition for the transfer may be presented and heard without notice, but shall not be granted without proof that a copy of the petition has been delivered pursuant to Section 1215 to the petitioner and any persons who have requested special notice in the proceeding in the court to which the will is to be transferred. The petition and order shall include the case number of the proceeding in the court to which transfer is prayed. Certified copies of the petition, any supporting documents, and the order shall be transmitted by the clerk along with the original will, and these copies shall be filed in the proceeding by the clerk of the recipient court.
SEC. 68.Section 8469 of the Probate Code is amended to read:8469.(a)For good cause, the court may allow the priority given by Section 8461 to a conservator or guardian of the estate of the decedent serving in that capacity at the time of death that has not filed a first account, or that is acting as guardian or conservator for another person, or both.
(b)If the petition for appointment as administrator requests the court to allow the priority permitted by subdivision (a), the petitioner shall, in addition to the notice otherwise required by statute, deliver notice of the hearing pursuant to Section 1215 to the public administrator.
SEC. 69.Section 8522 of the Probate Code is amended to read:8522.(a)If a vacancy occurs in the office of a personal representative and there are no other personal representatives, the court shall appoint a successor personal representative.
(b)Appointment of a successor personal representative shall be made on petition and notice shall be delivered to interested persons in the manner provided in Article 2 (commencing with Section 8110) of Chapter 2, and shall be subject to the same priority as for an original appointment of a personal representative. The personal representative of a deceased personal representative is not, as such, entitled to appointment as successor personal representative.
SEC. 70.Section 8803 of the Probate Code is amended to read:8803.On the filing of an inventory and appraisal or a supplemental inventory and appraisal, the personal representative shall, pursuant to Section 1252, deliver a copy to each person who has requested special notice.
SEC. 71.Section 8903 of the Probate Code is amended to read:8903.(a)The court may, for good cause, waive appraisal by a probate referee in the manner provided in this section.
(b)The personal representative may apply for a waiver together with the petition for appointment of the personal representative or together with another petition, or may apply for a waiver in a separate petition filed in the administration proceedings, but the application shall not be made later than the time the personal representative delivers the inventory to the probate referee, if a probate referee has been designated. A copy of the proposed inventory and appraisal and a statement that sets forth the good cause that justifies the waiver shall be attached to the petition.
(c)The hearing on the waiver shall be not sooner than 15 days after the petition is filed. Notice of the hearing on the petition, together with a copy of the petition and a copy of the proposed inventory and appraisal, shall be given as provided in Sections 1215 and 1220 to all of the following persons:
(1)Each person listed in Section 1220.
(2)Each known heir whose interest in the estate would be affected by the waiver.
(3)Each known devisee whose interest in the estate would be affected by the waiver.
(4)The Attorney General, at the office of the Attorney General in Sacramento, if any portion of the estate is to escheat to the state and its interest in the estate would be affected by the waiver.
(5)The probate referee, if a probate referee has been designated.
(d)A probate referee to whom notice is given under this section may oppose the waiver. If the opposition fails and the court determines the opposition was made without substantial justification, the court shall award litigation expenses, including reasonable attorneys fees, against the probate referee. If the opposition succeeds, the court may designate a different probate referee to appraise property in the estate.
(e)If the petition is granted, the inventory and appraisal attached to the petition shall be filed pursuant to Section 8800.
SEC. 72.Section 8906 of the Probate Code is amended to read:8906.(a)At any time before the hearing on the petition for final distribution of the estate, the personal representative or an interested person may file with the court a written objection to the appraisal.
(b)The clerk shall fix a time, not less than 15 days after the filing, for a hearing on the objection.
(c)The person objecting shall give notice of the hearing, together with a copy of the objection, as provided in Section 1220. If the appraisal was made by a probate referee, the person objecting shall also deliver notice of the hearing and a copy of the objection to the probate referee at least 15 days before the date set for the hearing.
(d)The person objecting to the appraisal has the burden of proof.
(e)Upon completion of the hearing, the court may make any orders that appear appropriate. If the court determines the objection was filed without reasonable cause or good faith, the court may order that the fees of the personal representative and attorney and any costs incurred for defending the appraisal be made a charge against the person filing the objection.
SEC. 73.Section 8924 of the Probate Code is amended to read:8924.(a)The court shall remove the designated probate referee in any of the following circumstances:
(1)The personal representative shows cause, including incompetence or undue delay in making the appraisal, that in the opinion of the court warrants removal of the probate referee. The showing shall be made at a hearing on petition of the personal representative. The personal representative shall deliver pursuant to Section 1215 notice of the hearing on the petition to the probate referee at least 15 days before the date set for the hearing.
(2)The personal representative has the right to remove the first probate referee who is designated by the court. Cause need not be shown for removal under this paragraph. The personal representative may exercise the right at any time before the personal representative delivers the inventory to the probate referee. The personal representative shall exercise the right by filing an affidavit or declaration under penalty of perjury with the court and delivering a copy to the probate referee pursuant to Section 1215. Thereupon, the court shall remove the probate referee without any further act or proof.
(3)Any other cause provided by statute.
(b)Upon removal of the probate referee, the court shall designate another probate referee in the manner prescribed in Section 8920.
SEC. 74.Section 9052 of the Probate Code is amended to read:9052.The notice shall be in substantially the following form:
NOTICE OF ADMINISTRATION OF | |
Notice to creditors: Administration of the estate of _________ (deceased) has been commenced by _________ (personal representative) in Estate No. _________ in the Superior Court of California, County of _________. You must file your claim with the court and deliver a copy pursuant to Section 1215 of the California Probate Code to the personal representative within the last to occur of four months after _________ (the date letters were first issued to a general personal representative, as defined in subdivision (b) of Section 58 of the California Probate Code), or 60 days after the date this notice was mailed to you or, in the case of personal delivery, 60 days after the date this notice was delivered to you, or you must petition to file a late claim as provided in Section 9103 of the California Probate Code. Failure to file a claim with the court and serve a copy of the claim on the personal representative will, in most instances, invalidate your claim. A claim form may be obtained from the court clerk. For your protection, you are encouraged to file your claim by certified mail, with return receipt requested. | |
(Date of mailing this notice) | (Name and address of personal |
A claim form adopted by the Judicial Council shall inform the creditor that the claim must be filed with the court and a copy delivered pursuant to Section 1215 to the personal representative. The claim form shall include a proof of delivery of a copy of the claim to the personal representative, which may be completed by the creditor.
SEC. 76.Section 9732 of the Probate Code is amended to read:9732.(a)The court may order that money of the estate in possession of the personal representative be invested in any manner provided by the will if all of the following conditions are satisfied:
(1)The time for filing claims has expired.
(2)All debts, as defined in Section 11401, have been paid or are sufficiently secured by mortgage or otherwise, or there is sufficient cash in the estate aside from the money to be invested to pay all the debts, or the court is otherwise satisfied that all the debts will be paid.
(3)The estate is not in a condition to be finally distributed.
(b)To obtain an order under this section, the personal representative or any interested person shall file a petition showing the general condition of the estate and the types of investments that are proposed to be made.
(c)Notice of the hearing on the petition shall be delivered as provided in Section 1220. In addition, the petitioner shall cause notice of the hearing and a copy of the petition to be delivered pursuant to Section 1215 to all known devisees of property which is proposed to be invested. Where the property proposed to be invested is devised to a trust or trustee, notice of the hearing and a copy of the petition shall be delivered pursuant to Section 1215 to the trustee or, if the trustee has not yet accepted the trust, to the person named in the will as trustee. Delivery pursuant to this subdivision shall be to the persons last known address as provided in Section 1220.
(d)If no objection has been filed by an interested person, the court may make an order authorizing or directing the personal representative to invest such portion of the money of the estate as the court deems advisable in the types of investments proposed in the petition and authorized by the will. If there is no objection by an interested person and no substantial reason why some or all of the investment powers given by the will should not be exercised, the court shall make the order. The order may be for a limited period or until the administration of the estate is completed. Upon petition of the personal representative or any interested person, the order may be renewed, modified, or terminated at any time.
SEC. 77.Section 9762 of the Probate Code is amended to read:9762.(a)After authorization by order of court upon a showing that it would be to the advantage of the estate and in the best interest of the interested persons, the personal representative may continue as a general or a limited partner in any partnership in which the decedent was a general partner at the time of death. In its order, the court may specify any terms and conditions of the personal representatives participation as a partner that the court determines are to the advantage of the estate and in the best interest of the interested persons, but any terms and conditions that are inconsistent with the terms of any written partnership agreement are subject to the written consent of all of the surviving partners.
(b)If there is a written partnership agreement permitting the decedents personal representative to participate as a partner, the personal representative has all the rights, powers, duties, and obligations provided in the written partnership agreement, except as otherwise ordered by the court pursuant to subdivision (a).
(c)If there is not a written partnership agreement, the personal representative has the rights, powers, duties, and obligations that the court specifies in its order pursuant to subdivision (a).
(d)To obtain an order under this section, the personal representative or any interested person shall file a petition showing that the order requested would be to the advantage of the estate and in the best interest of the interested persons. Notice of the hearing on the petition shall be given as provided in Section 1220. In addition, unless the court otherwise orders, the petitioner, not less than 15 days before the hearing, shall cause notice of hearing and a copy of the petition to be delivered pursuant to Section 1215 to each of the surviving general partners at his or her last known address.
SEC. 78.Section 9783 of the Probate Code is amended to read:9783.A person described in Section 9782 may personally deliver or mail a written objection to the disposition or abandonment to the personal representative on or before the date specified in the notice as the date on or after which the property will be disposed of or abandoned. Subject to Section 9788, after receipt of the written objection, the personal representative shall not dispose of or abandon the property without authorization by order of the court obtained under Section 9611.
SEC. 79.Section 9787 of the Probate Code is amended to read:9787.(a)Except as provided in subdivision (b), a person described in Section 9782 who receives notice of the proposed disposition or abandonment as provided in Section 9782, waives the right to have the court later review the disposition or abandonment of the property unless the person does one of the following:
(1)Personally delivers or mails a written objection as provided in Section 9783.
(2)Serves a restraining order obtained under Section 9784 before whichever of the following is the later time:
(A)The date specified in the notice of proposed disposition or abandonment as the date on or after which the property will be disposed of or abandoned.
(B)The date the property has actually been disposed of or abandoned.
(b)Subject to Section 9785, the court may review the disposition or abandonment of the property upon the motion of a person described in subdivision (a) of Section 9782 who establishes that he or she did not actually receive notice of the proposed disposition or abandonment before the time to object expired.
SEC. 80.Section 10585 of the Probate Code is amended to read:10585.(a)The notice of proposed action shall state all of the following:
(1)The name, mailing address, and electronic address of the personal representative.
(2)The name, telephone number, and electronic address of a person who may be contacted for additional information.
(3)The action proposed to be taken, with a reasonably specific description of the action. If the proposed action involves the sale or exchange of real property, or the granting of an option to purchase real property, the notice of proposed action shall state the material terms of the transaction, including, if applicable, the sale price and the amount of, or method of calculating, any commission or compensation paid or to be paid to an agent or broker in connection with the transaction.
(4)The date on or after which the proposed action is to be taken.
(b)The notice of proposed action may be given using the most current Notice of Proposed Action form prescribed by the Judicial Council.
(c)If the most current form prescribed by the Judicial Council is not used to give notice of proposed action, the notice of proposed action shall satisfy all of the following requirements:
(1)The notice of proposed action shall be in substantially the same form as the form prescribed by the Judicial Council.
(2)The notice of proposed action shall contain the statements described in subdivision (a).
(3)The notice of proposed action shall contain a form for objecting to the proposed action in substantially the form set out in the Judicial Council form.
SEC. 81.Section 10586 of the Probate Code is amended to read:10586.The notice of proposed action shall be delivered pursuant to Section 1215 to each person required to be given notice of proposed action not less than 15 days before the date specified in the notice of proposed action on or after which the proposed action is to be taken. If mailed, the notice of proposed action shall be addressed to the person at the persons last known address.
SEC. 82.Section 10587 of the Probate Code is amended to read:10587.(a)Any person entitled to notice of proposed action under Section 10581 may object to the proposed action as provided in this section.
(b)The objection to the proposed action is made by delivering pursuant to Section 1215 a written objection to the proposed action to the personal representative at the address stated in the notice of proposed action. The person objecting to the proposed action either may use the Judicial Council form or may make the objection in any other writing that identifies the proposed action with reasonable certainty and indicates that the person objects to the taking of the proposed action.
(c)The personal representative is deemed to have notice of the objection to the proposed action if it is delivered or received at the address stated in the notice of proposed action before whichever of the following times is the later:
(1)The date specified in the notice of proposed action on or after which the proposed action is to be taken.
(2)The date the proposed action is actually taken.
SEC. 83.Section 11601 of the Probate Code is amended to read:11601.Notice of the hearing on the petition shall be given as provided in Section 1220 to all of the following persons:
(a)Each person listed in Section 1220.
(b)Each known heir whose interest in the estate would be affected by the petition.
(c)Each known devisee whose interest in the estate would be affected by the petition.
(d)The Attorney General, at the office of the Attorney General in Sacramento, if any portion of the estate is to escheat to the state and its interest in the estate would be affected by the petition.
(e)The Controller, if property is to be distributed to the state because there is no known beneficiary or if property is to be distributed to a beneficiary whose whereabouts is unknown. A copy of the latest account filed with the court shall be delivered to the Controller with the notice.
SEC. 84.Section 13200 of the Probate Code is amended to read:13200.(a)No sooner than six months from the death of a decedent, a person or persons claiming as successor of the decedent to a particular item of property that is real property may file in the superior court in the county in which the decedent was domiciled at the time of death, or if the decedent was not domiciled in this state at the time of death, then in any county in which real property of the decedent is located, an affidavit in the form prescribed by the Judicial Council pursuant to Section 1001 stating all of the following:
(1)The name of the decedent.
(2)The date and place of the decedents death.
(3)A legal description of the real property and the interest of the decedent therein.
(4)The name and address of each person serving as guardian or conservator of the estate of the decedent at the time of the decedents death, so far as known to the affiant.
(5)The gross value of all real property in the decedents estate located in California, as shown by the inventory and appraisal attached to this affidavit, excluding the real property described in Section 13050 of the California Probate Code, does not exceed fifty thousand dollars ($50,000).
(6)At least six months have elapsed since the death of the decedent as shown in a certified copy of decedents death certificate attached to this affidavit.
(7)Either of the following, as appropriate:
(A)No proceeding is now being or has been conducted in California for administration of the decedents estate.
(B)The decedents personal representative has consented in writing to use of the procedure provided by this chapter.
(8)Funeral expenses, expenses of last illness, and all unsecured debts of the decedent have been paid.
(9)The affiant is the successor of the decedent (as defined in Section 13006 of the Probate Code) and to the decedents interest in the described property, and no other person has a superior right to the interest of the decedent in the described property.
(10)The affiant declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
(b)For each person executing the affidavit, the affidavit shall contain a notary publics certificate of acknowledgment identifying the person.
(c)There shall be attached to the affidavit an inventory and appraisal of the decedents real property in this state, excluding the real property described in Section 13050. The inventory and appraisal of the real property shall be made as provided in Part 3 (commencing with Section 8800) of Division 7. The appraisal shall be made by a probate referee selected by the affiant from those probate referees appointed by the Controller under Section 400 to appraise property in the county where the real property is located.
(d)If the affiant claims under the decedents will and no estate proceeding is pending or has been conducted in California, a copy of the will shall be attached to the affidavit.
(e)A certified copy of the decedents death certificate shall be attached to the affidavit. If the decedents personal representative has consented to the use of the procedure provided by this chapter, a copy of the consent and of the personal representatives letters shall be attached to the affidavit.
(f)The affiant shall deliver pursuant to Section 1215 a copy of the affidavit and attachments to any person identified in paragraph (4) of subdivision (a).
SEC. 85.Section 13655 of the Probate Code is amended to read:13655.(a)If proceedings for the administration of the estate of the deceased spouse are pending at the time a petition is filed under this chapter, or if the proceedings are not pending and if the petition filed under this chapter is not filed with a petition for probate of the deceased spouses will or for administration of the estate of the deceased spouse, notice of the hearing on the petition filed under this chapter shall be given as provided in Section 1220 to all of the following persons:
(1)Each person listed in Section 1220 and each person named as executor in any will of the deceased spouse.
(2)All devisees and known heirs of the deceased spouse and, if the petitioner is the trustee of a trust that is a devisee under the will of the decedent, all persons interested in the trust, as determined in cases of future interests pursuant to paragraph (1), (2), or (3) of subdivision (a) of Section 15804.
(b)The notice specified in subdivision (a) shall also be delivered as provided in subdivision (a) to the Attorney General, addressed to the office of the Attorney General at Sacramento, if the petitioner bases the allegation that all or part of the estate of the deceased spouse is property passing to the surviving spouse upon the will of the deceased spouse and the will involves or may involve either of the following:
(1)A testamentary trust of property for charitable purposes other than a charitable trust with a designated trustee, resident in this state.
(2)A devise for a charitable purpose without an identified devisee or beneficiary.
SEC. 86.Section 15686 of the Probate Code is amended to read:15686.(a)As used in this section, trustees fee includes, but is not limited to, the trustees periodic base fee, rate of percentage compensation, minimum fee, hourly rate, and transaction charge, but does not include fees for extraordinary services.
(b)A trustee shall not charge an increased trustees fee for administration of a particular trust unless the trustee first gives at least 60 days written notice of that increased fee to all of the following persons:
(1)Each beneficiary who is entitled to an account under Section 16062.
(2)Each beneficiary who was given the last preceding account.
(3)Each beneficiary who has made a written request to the trustee for notice of an increased trustees fee and has given an address for receiving notice.
(c)If a beneficiary files a petition under Section 17200 for review of the increased trustees fee or for removal of the trustee and serves a copy of the petition on the trustee before the expiration of the 60-day period, the increased trustees fee does not take effect as to that trust until otherwise ordered by the court or the petition is dismissed.
SEC. 87.Section 16061.7 of the Probate Code is amended to read:16061.7.(a)A trustee shall serve a notification by the trustee as described in this section in the following events:
(1)When a revocable trust or any portion thereof becomes irrevocable because of the death of one or more of the settlors of the trust, or because, by the express terms of the trust, the trust becomes irrevocable within one year of the death of a settlor because of a contingency related to the death of one or more of the settlors of the trust.
(2)Whenever there is a change of trustee of an irrevocable trust.
(3)Whenever a power of appointment retained by a settlor is effective or lapses upon death of the settlor with respect to an inter vivos trust which was, or was purported to be, irrevocable upon its creation. This paragraph shall not apply to a charitable remainder trust. For purposes of this paragraph, charitable remainder trust means a charitable remainder annuity trust or charitable remainder unitrust as defined in Section 664(d) of the Internal Revenue Code.
(4)The duty to serve the notification by the trustee pursuant to this subdivision is the duty of the continuing or successor trustee, and any one cotrustee may serve the notification.
(b)The notification by the trustee required by subdivision (a) shall be served on each of the following:
(1)Each beneficiary of the irrevocable trust or irrevocable portion of the trust, subject to the limitations of Section 15804.
(2)Each heir of the deceased settlor, if the event that requires notification is the death of a settlor or irrevocability within one year of the death of the settlor of the trust by the express terms of the trust because of a contingency related to the death of a settlor.
(3)If the trust is a charitable trust subject to the supervision of the Attorney General, to the Attorney General.
(c)A trustee shall, for purposes of this section, rely upon any final judicial determination of heirship, known to the trustee, but the trustee shall have discretion to make a good faith determination by any reasonable means of the heirs of a deceased settlor in the absence of a final judicial determination of heirship known to the trustee.
(d)The trustee need not provide a copy of the notification by trustee to any beneficiary or heir (1) known to the trustee but who cannot be located by the trustee after reasonable diligence or (2) unknown to the trustee.
(e)The notification by trustee shall be served by any of the methods described in Section 1215 to the last known address.
(f)The notification by trustee shall be served not later than 60 days following the occurrence of the event requiring service of the notification by trustee, or 60 days after the trustee became aware of the existence of a person entitled to receive notification by trustee, if that person was not known to the trustee on the occurrence of the event requiring service of the notification. If there is a vacancy in the office of the trustee on the date of the occurrence of the event requiring service of the notification by trustee, or if that event causes a vacancy, then the 60-day period for service of the notification by trustee commences on the date the new trustee commences to serve as trustee.
(g)The notification by trustee shall contain the following information:
(1)The identity of the settlor or settlors of the trust and the date of execution of the trust instrument.
(2)The name, address, and telephone number of each trustee of the trust.
(3)The address of the physical location where the principal place of administration of the trust is located, pursuant to Section 17002.
(4)Any additional information that may be expressly required by the terms of the trust instrument.
(5)A notification that the recipient is entitled, upon reasonable request to the trustee, to receive from the trustee a true and complete copy of the terms of the trust.
(h)If the notification by the trustee is served because a revocable trust or any portion of it has become irrevocable because of the death of one or more settlors of the trust, or because, by the express terms of the trust, the trust becomes irrevocable within one year of the death of a settlor because of a contingency related to the death of one or more of the settlors of the trust, the notification by the trustee shall also include a warning, set out in a separate paragraph in not less than 10-point boldface type, or a reasonable equivalent thereof, that states as follows:
You may not bring an action to contest the trust more than 120 days from the date this notification by the trustee is served upon you or 60 days from the date on which a copy of the terms of the trust is delivered to you during that 120-day period, whichever is later.
(i)Any waiver by a settlor of the requirement of serving the notification by trustee required by this section is against public policy and shall be void.
(j)A trustee may serve a notification by trustee in the form required by this section on any person in addition to those on whom the notification by trustee is required to be served. A trustee is not liable to any person for serving or for not serving the notice on any person in addition to those on whom the notice is required to be served. A trustee is not required to serve a notification by trustee if the event that otherwise requires service of the notification by trustee occurs before January 1, 1998.
SEC. 88.Section 16061.8 of the Probate Code is amended to read:16061.8.No person upon whom the notification by the trustee is served pursuant to this chapter, whether the notice is served on him or her within or after the time period set forth in subdivision (f) of Section 16061.7, may bring an action to contest the trust more than 120 days from the date the notification by the trustee is served upon him or her, or 60 days from the date on which a copy of the terms of the trust is delivered pursuant to Section 1215 to him or her during that 120-day period, whichever is later.
SEC. 89.Section 16061.9 of the Probate Code is amended to read:16061.9.(a)A trustee who fails to serve the notification by trustee as required by Section 16061.7 on a beneficiary shall be responsible for all damages, attorneys fees, and costs caused by the failure unless the trustee makes a reasonably diligent effort to comply with that section.
(b)A trustee who fails to serve the notification by trustee as required by Section 16061.7 on an heir who is not a beneficiary and whose identity is known to the trustee shall be responsible for all damages caused to the heir by the failure unless the trustee shows that the trustee made a reasonably diligent effort to comply with that section. For purposes of this subdivision, reasonably diligent effort means that the trustee has delivered notice pursuant to Section 1215 to the heir at the heirs last address actually known to the trustee.
(c)A trustee, in exercising discretion with respect to the timing and nature of distributions of trust assets, may consider the fact that the period in which a beneficiary or heir could bring an action to contest the trust has not expired.
SEC. 90.Section 16336.6 of the Probate Code is amended to read:16336.6.Unless expressly prohibited by the governing instrument, a trustee may reconvert the trust from a unitrust or change the payout percentage of a unitrust.
(a)The trustee may make the reconversion or change in payout percentage without a court order if all of the following conditions are satisfied:
(1)At least three years have elapsed since the most recent conversion to a unitrust.
(2)The trustee determines that reconversion or change in payout percentage would enable the trustee to better comply with the provisions of subdivision (b) of Section 16335.
(3)One of the following notice requirements is satisfied:
(A)In the case of a proposed reconversion, the trustee gives written notice of the trustees intention to convert that complies with the requirements of Chapter 5 (commencing with Section 16500) and no beneficiary objects to the proposed action in a writing delivered pursuant to Section 1215 to the trustee within the period prescribed by subdivision (d) of Section 16502. The trustees notice shall include the information described in paragraphs (3) and (4) of subdivision (c) of Section 16336.4.
(B)In the case of a proposed change in payout percentage, the trustee gives written notice stating the new payout percentage that the trustee proposes to adopt, which notice shall comply with the requirements of Chapter 5 (commencing with Section 16500), and no beneficiary objects to the proposed action in a writing delivered pursuant to Section 1215 to the trustee within the period prescribed by subdivision (d) of Section 16502.
(b)The trustee may make the reconversion or change in payout percentage at any time pursuant to court order provided that: (1) the court determines that reconversion or change in payout percentage will enable the trustee to better comply with the provisions of subdivision (b) of Section 16335, and (2) in the case of a change in payout percentage, the new payout percentage is at least 3 percent and no greater than 5 percent. The court may enter an order pursuant to this subdivision upon the petition of the trustee or any beneficiary.
SEC. 91.Section 16501 of the Probate Code is amended to read:16501.(a)The trustee who elects to provide notice pursuant to this chapter shall deliver notice pursuant to Section 1215 of the proposed action to each of the following:
(1)A beneficiary who is receiving, or is entitled to receive, income under the trust, including a beneficiary who is entitled to receive income at the discretion of the trustee.
(2)A beneficiary who would receive a distribution of principal if the trust were terminated at the time the notice is given.
(b)Notice of proposed action is not required to be given to a person who consents in writing to the proposed action. The consent may be executed at any time before or after the proposed action is taken.
(c)A trustee is not required to provide a copy of the notice of proposed action to a beneficiary who is known to the trustee but who cannot be located by the trustee after reasonable diligence or who is unknown to the trustee.
(d)Notwithstanding any other provision of this chapter, the trustee may not use a notice of proposed action in any of the following actions:
(1)Allowance of the trustees compensation.
(2)Allowance of compensation of the attorney for the trustee.
(3)Settlement of accounts.
(4)Discharge of the trustee.
(5)Sale of property of the trust to the trustee or to the attorney for the trustee.
(6)Exchange of property of the trust for property of the trustee or for property of the attorney for the trustee.
(7)Grant of an option to purchase property of the trust to the trustee or to the attorney for the trustee.
(8)Allowance, payment, or compromise of a claim of the trustee, or the attorney for the trustee, against the trust.
(9)Compromise or settlement of a claim, action, or proceeding by the trust against the trustee or against the attorney for the trust.
(10)Extension, renewal, or modification of the terms of a debt or other obligation of the trustee, or the attorney for the trustee, owing to or in favor of the trust.
SEC. 92.Section 16502 of the Probate Code is amended to read:16502.The notice of proposed action shall state that it is given pursuant to this section and shall include all of the following:
(a)The name, mailing address, and electronic address of the trustee.
(b)The name, telephone number, and electronic address of a person who may be contacted for additional information.
(c)A description of the action proposed to be taken and an explanation of the reasons for the action.
(d)The time within which objections to the proposed action can be made, which shall be at least 45 days from the delivery or receipt of the notice of proposed action.
(e)The date on or after which the proposed action may be taken or is effective.
SEC. 93.Section 16503 of the Probate Code is amended to read:16503.(a)A beneficiary may object to the proposed action by delivering a written objection pursuant to Section 1215 to the trustee at the address stated in the notice of proposed action within the time period specified in the notice of proposed action.
(b)A trustee is not liable to a beneficiary for an action regarding a matter governed by this part if the trustee does not receive a written objection to the proposed action from a beneficiary within the applicable period and the other requirements of this section are satisfied. If no beneficiary entitled to notice objects under this section, the trustee is not liable to any current or future beneficiary with respect to the proposed action. This subdivision does not apply to a person who is a minor or an incompetent adult at the time of receiving the notice of proposed action unless the notice is served on a guardian or conservator of the estate of the person.
(c)If the trustee receives a written objection within the applicable period, either the trustee or a beneficiary may petition the court to have the proposed action taken as proposed, taken with modifications, or denied. In the proceeding, a beneficiary objecting to the proposed action has the burden of proving that the trustees proposed action should not be taken. A beneficiary who has not objected is not estopped from opposing the proposed action in the proceeding.
(d)If the trustee decides not to implement the proposed action, the trustee shall notify the beneficiaries of the decision not to take the action and the reasons for the decision, and the trustees decision not to implement the proposed action does not itself give rise to liability to any current or future beneficiary. A beneficiary may petition the court to have the action taken, and has the burden of proving that it should be taken.
SEC. 94.Section 17203 of the Probate Code is amended to read:17203.(a)At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of hearing to be delivered pursuant to Section 1215 to all of the following persons:
(1)All trustees.
(2)All beneficiaries, subject to Chapter 2 (commencing with Section 15800) of Part 3.
(3)The Attorney General, if the petition relates to a charitable trust subject to the jurisdiction of the Attorney General.
(b)At least 30 days before the time set for hearing on the petition, the petitioner shall cause notice of the hearing and a copy of the petition to be served in the manner provided in Chapter 4 (commencing with Section 413.10) of Title 5 of Part 2 of the Code of Civil Procedure on any person, other than a trustee or beneficiary, whose right, title, or interest would be affected by the petition and who does not receive notice pursuant to subdivision (a). The court may not shorten the time for giving notice under this subdivision.
(c)If a person to whom notice otherwise would be given has been deceased for at least 40 days, and no personal representative has been appointed for the estate of that person, and the deceased persons right, title, or interest has not passed to any other person pursuant to Division 8 (commencing with Section 13000) or otherwise, notice may instead be given to the following persons:
(1)Each heir and devisee of the decedent, and all persons named as executors of the will of the decedent, so far as known to the petitioner.
(2)Each person serving as guardian or conservator of the decedent at the time of the decedents death, so far as known to the petitioner.
SEC. 95.Section 17204 of the Probate Code is amended to read:17204.(a)If proceedings involving a trust are pending, a beneficiary of the trust may, in person or by attorney, file with the court clerk where the proceedings are pending a written request stating that the beneficiary desires special notice of the filing of petitions in the proceeding relating to any or all of the purposes described in Section 17200 and giving an address for receiving notice by mail. A copy of the request shall be delivered pursuant to Section 1215 to the trustee or the trustees attorney. If personally delivered, the request shall be effective when it is delivered. If mailed or electronically delivered, the request shall be effective when it is received. When the original of the request is filed with the court clerk, it shall be accompanied by a written admission or proof of service. A request for special notice may be modified or withdrawn in the same manner as provided for the making of the initial request.
(b)(1)An interested person may request special notice in the same manner as a beneficiary under subdivision (a), for the purpose set forth in paragraph (9) of subdivision (b) of Section 17200. The request for special notice shall be accompanied by a verified statement of the persons interest.
(2)For purposes set forth in paragraphs (2), (4) to (6), inclusive, (8), (12), (16), (20), and (21) of subdivision (b) of Section 17200, an interested person may petition the court for an order for special notice of proceedings involving a trust. The petition shall include a verified statement of the creditors interest and may be served on the trustee or the trustees attorney in a manner described in Section 1215. The petition may be made by ex parte application.
(3)For purposes of this subdivision, an interested person means only a creditor of a trust or, if the trust has become irrevocable upon the death of a trustor, a creditor of the trustor.
(4)This section does not confer standing on an interested person if standing does not otherwise exist.
(c)Except as provided in subdivision (d), after serving and filing a request and proof of service pursuant to subdivision (a) or paragraph (1) of subdivision (b), the beneficiary or the interested person is entitled to notice pursuant to Section 17203. If the petition of an interested person filed pursuant to paragraph (2) of subdivision (b) is granted by the court, the interested person is entitled to notice pursuant to Section 17203.
(d)A request for special notice made by a beneficiary whose right to notice is restricted by Section 15802 is not effective.
SEC. 96.Section 17205 of the Probate Code is amended to read:17205.If a trustee or beneficiary has served and filed either a notice of appearance, in person or by counsel, directed to the petitioner or the petitioners counsel in connection with a particular petition and proceeding or a written request for a copy of the petition, and has given an address to which notice or a copy of the petition may be delivered pursuant to Section 1215, the petitioner shall cause a copy of the petition to be delivered to that person within five days after service of the notice of appearance or receipt of the request.
SEC. 97.Section 17403 of the Probate Code is amended to read:17403.(a)At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of the time and place of the hearing to be delivered pursuant to Section 1215 to each of the persons named in the petition at their respective addresses as stated in the petition.
(b)Any person interested in the trust, as trustee, beneficiary, or otherwise, may appear and file written grounds in opposition to the petition.
SEC. 98.Section 17454 of the Probate Code is amended to read:17454.(a)At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of the time and place of the hearing to be delivered pursuant to Section 1215 to each of the persons named in the petition at their respective addresses as stated in the petition.
(b)Any person interested in the trust, as trustee, beneficiary, or otherwise, may appear and file written grounds in opposition to the petition.
SEC. 99.Section 19011 of the Probate Code is amended to read:19011.(a)The Judicial Council may prescribe the form and contents of the petition, notice, claim form, and allowance or rejection form to be used pursuant to this part. The allowance or rejection form may be part of the claim form.
(b)Any claim form adopted by the Judicial Council shall inform the creditor that the claim must be filed with the court and a copy delivered pursuant to Section 1215 to the trustee. The claim form shall include a proof of delivery of a copy of the claim to the trustee, which may be completed by the claimant.
SEC. 100.Section 19024 of the Probate Code is amended to read:19024.At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of the time and place of the hearing, together with a copy of the petition, to be delivered pursuant to Section 1215 to each of the following persons who is not a petitioner:
(a)All trustees of the trust and of any other trusts to which an allocation of liability may be approved by the court pursuant to the petition.
(b)All beneficiaries affected.
(c)The personal representative of the deceased settlors probate estate, if any is known to the trustee.
(d)The Attorney General, if the petition relates to a charitable trust subject to the jurisdiction of the Attorney General, unless the Attorney General waives notice.
SEC. 101.Section 19040 of the Probate Code is amended to read:19040.(a)Publication of notice pursuant to this section shall be for at least 15 days. Three publications in a newspaper published once a week or more often, with at least five days intervening between the first and last publication dates, not counting the first and last publication dates as part of the five-day period, are sufficient. Notice shall be published in a newspaper of general circulation in the city, county, or city and county in this state where the deceased settlor resided at the time of death, or if none, in the city, county, or city and county in this state wherein trust property was located at the time of the settlors death, or if none, in the city, county, or city and county in this state wherein the principal place of administration of the trust was located at the time of the settlors death. If there is no newspaper of general circulation published in the applicable city, county, or city and county, notice shall be published in a newspaper of general circulation published in this state nearest to the applicable city, county, or city and county seat, and which is circulated within the applicable city, county, or city and county. If there is no such newspaper, notice shall be given in written or printed form, posted at three of the most public places within the community. For purposes of this section, city means a charter city as defined in Section 34101 of the Government Code or a general law city as defined in Section 34102 of the Government Code.
(b)The caption of the notice, the deceased settlors name, and the name of
the trustee shall be in at least 8-point type, the text of the notice shall be in at least 7-point type, and the notice shall state substantially as follows:
NOTICE TO CREDITORS | |
# ____________ SUPERIOR COURT OF CALIFORNIA COUNTY OF _________ Notice is hereby given to the creditors and contingent creditors of the above-named decedent, that all persons having claims against the decedent are required to file them with the Superior Court, at _______, and deliver pursuant to Section 1215 of the California Probate Code a copy to _____, as trustee of the trust dated ____ wherein the decedent was the settlor, at _____, within the later of four months after ____ (the date of the first publication of notice to creditors) or, if notice is mailed or personally delivered to you, 60 days after the date this notice is mailed or personally delivered to you. A claim form may be obtained from the court clerk. For your protection, you are encouraged to file your claim by certified mail, with return receipt requested. | |
(name and address of trustee or attorney) |
(c)An affidavit showing due publication of notice shall be filed with the clerk upon completion of the publication. The affidavit shall contain a copy of the notice, and state the date of its first publication.
SEC. 102.Section 19052 of the Probate Code is amended to read:19052.The notice shall be in substantially the following form:
NOTICE TO CREDITORS
OF _____________
# ____________
SUPERIOR COURT OF CALIFORNIA
COUNTY OF _________
Notice is hereby given to the creditors and contingent creditors of the above-named decedent, that all persons having claims against the decedent are required to file them with the Superior Court, at _______, and deliver pursuant to Section 1215 of the California Probate Code a copy to ______, as trustee of the trust dated _____ wherein the decedent was the settlor, at _______, within the later of four months after _____ (the date of the first publication of notice
to creditors) or, if notice is mailed or personally delivered to you, 60 days after the date this notice is mailed or personally delivered to you, or you must petition to file a late claim as provided in Section 19103 of the Probate Code. A claim form may be obtained from the court clerk. For your protection, you are encouraged to file your claim by certified mail, with return receipt requested.
__________________________
(Date of mailing this
notice if applicable)
___________________________
(name and address of
trustee or attorney)
(a)A claim may be filed by the creditor or a person acting on behalf of the claimant.
(b)A claim shall be filed with the court and a copy shall be delivered to the trustee pursuant to Section 1215. Failure to deliver a copy to the trustee does not invalidate a properly filed claim, but any loss that results from the failure shall be borne by the creditor.
SEC. 104.Section 19153 of the Probate Code is amended to read:19153.The Judicial Council may adopt a claim form which shall inform the creditor that the claim must be filed with the court and a copy delivered to the trustee pursuant to Section 1215. Any such claim form shall include a proof of delivery of a copy of the claim to the trustee which may be completed by the creditor.
SEC. 105.Section 19323 of the Probate Code is amended to read:19323.(a)At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of the time and place of the hearing and a copy of the petition to be served on the surviving spouse in the manner provided in Chapter 4 (commencing with Section 413.10) of Title 5 of Part 2 of the Code of Civil Procedure.
(b)At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of the time and place of hearing, together with a copy of the petition, to be delivered pursuant to Section 1215 to each of the following persons who are not petitioners:
(1)All trustees of the trust and of any trusts to which an allocation of liability may be approved by the court pursuant to the petition.
(2)All beneficiaries affected.
(3)The personal representative of the deceased settlors probate estate, if any is known to the trustee.
(4)The Attorney General, if the petition relates to a charitable trust subject to the jurisdiction of the Attorney General, unless the Attorney General waives notice.
SEC. 106.Section 20122 of the Probate Code is amended to read:20122.Not less than 30 days before the hearing, the petitioner shall do both of the following:
(a)Cause notice of the hearing and a copy of the petition to be delivered pursuant to Section 1215 to the personal representative and to each person interested in the estate against whom prorated amounts may be charged pursuant to paragraph (1) of subdivision (a) of Section 20123.
(b)Cause a summons and a copy of the petition to be served on each person interested in the estate who may be directed to make payment of prorated amounts pursuant to paragraph (2) of subdivision (a) of Section 20123. The summons shall be in the form and shall be served in the manner prescribed in Title 5 (commencing with Section 410.10) of Part 2 of the Code of Civil Procedure.
SEC. 107.Section 20222 of the Probate Code is amended to read:20222.Not less than 30 days before the hearing the petitioner shall do both of the following:
(a)Cause notice of the hearing and a copy of the petition to be delivered pursuant to Section 1215 to the trustee and each transferee against whom prorated amounts may be charged pursuant to paragraph (1) of subdivision (a) of Section 20223.
(b)Cause a summons and a copy of the petition to be served on each transferee who may be directed to make payment of prorated amounts pursuant to paragraph (2) of subdivision (a) of Section 20223. The summons shall be in the form and shall be served in the manner prescribed in Title 5 (commencing with Section 410.10) of Part 2 of the Code of Civil Procedure.
SEC. 108.Section 212.5 is added to the Welfare and Institutions Code, to read:212.5.Unless otherwise provided by law, a document in a juvenile court matter may be filed and served electronically as prescribed by Section 1010.6 of the Code of Civil Procedure, under the following conditions:
(a)Electronic service is authorized only if the county and the court permit electronic service.
(b)(1)On or before December 31, 2018, electronic service on a party or other person is permitted only if the party or other person has consented to accept electronic service in that specific action. A party or other person may subsequently withdraw its consent to electronic service.
(2)On or after January 1, 2019, electronic service on a party or other person is permitted only if the party or other person has expressly consented, as provided in Section 1010.6 of the Code of Civil Procedure. A party or other person may subsequently withdraw its consent to electronic service by completing the appropriate Judicial Council form.
(c)Consent, or the withdrawal of consent, to receive electronic service may be completed by a party or other person entitled to service, or that persons attorney.
(d)Electronic service shall be provided in the following manner:
(1)Electronic service is not permitted on any party or person who is under 10 years of age.
(2)Electronic service is not permitted on any party or person who is between 10 years of age and 15 years of age without the express consent of the minor and the minors attorney.
(3)Electronic service shall be permitted on any party or person who is 16 to 18 years of age only if the minor, after consultation with his or her attorney, consents. By January 1, 2019, the Judicial Council shall develop a rule of court on the duties of the minors attorney during the required consultation.
(4)Electronic service of psychological or medical documentation related to a minor shall not be permitted, other than the summary required pursuant to Section 16010 when included as part of a required report to the court.
(e)In the following matters, the party or other person shall be served by both electronic means and by other means specified by law if the document to be served is one of the following:
(1)A notice of hearing or an appellate advisement issued pursuant to subparagraph (A) of paragraph (3) of subdivision (l) of Section 366.26 for a hearing at which a social worker is recommending the termination of parental rights.
(2)A citation issued pursuant to Section 661.
(3)A notice of hearing pursuant to subdivision (d) of Section 777.
(f)If the minor is an Indian child or the court has reason to know that an Indian child is involved, service shall be made pursuant to Section 224.2.
(g)Electronic service and electronic filing shall be conducted in a manner that preserves and ensures the confidentiality of records by encryption.
(h)The requirements of this section shall be consistent with Section 1010.6 of the Code of Civil Procedure and rules of court adopted by the Judicial Council pursuant to that section.
SEC. 109.Section 248 of the Welfare and Institutions Code is amended to read:248.(a)A referee shall hear those cases that are assigned to him or her by the presiding judge of the juvenile court, with the same powers as a judge of the juvenile court, except that a referee shall not conduct any hearing to which the state or federal constitutional prohibitions against double jeopardy apply unless all of the parties thereto stipulate in writing that the referee may act in the capacity of a temporary judge. A referee shall promptly furnish to the presiding judge of the juvenile court and the minor, if the minor is 14 or more years of age or if younger has so requested, and shall serve upon the minors attorney of record and the minors parent or guardian or adult relative and the attorney of record for the minors parent or guardian or adult relative a written copy of his or her findings and order and shall also furnish to the minor, if the minor is 14 or more years of age or if younger has so requested, and to the parent or guardian or adult relative, with the findings and order, a written explanation of the right of those persons to seek review of the order by the juvenile court.
(b)Service, as provided in this section, shall be made as follows:
(1)If a minor, parent, or guardian is present in court at the time the findings and order are made, then the findings and order may be served in court on any minor, parent, or guardian who is present in court on that date and a written explanation of the right to seek review of the order as required pursuant to subdivision (a) shall be furnished at that time.
(2)If paragraph (1) is not applicable, service shall be made by mail or electronic service pursuant to Section 212.5, within the time period specified in Section 248.5, to the last known address of those persons or to the address designated by those persons appearing at the hearing before the referee and the documents served shall include, if applicable, the written explanation of the right to seek review of the order. If the parent or guardian does not have a last known address or electronic service address designated, service shall be to that party in care of his or her counsel.
SEC. 110.Section 248.5 of the Welfare and Institutions Code is amended to read:248.5.All written findings and orders of the court shall be served by the clerk of the court personally, by first-class mail, or by electronic service pursuant to Section 212.5, within three judicial days of their issuance on the petitioner, the minor or the minors counsel, the parent or the parents counsel, and the guardian or the guardians counsel.
SEC. 111.Section 290.1 of the Welfare and Institutions Code, as amended by Section 1 of Chapter 219 of the Statutes of 2015, is amended 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)Notice shall not be served electronically under this section.
(g)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. 112.Section 290.1 of the Welfare and Institutions Code, as added by Section 2 of Chapter 219 of the Statutes of 2015, is repealed.SEC. 113.Section 290.2 of the Welfare and Institutions Code, as amended by Section 309 of Chapter 86 of the Statutes of 2016, 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)Notice is not 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)Notice shall not be served electronically under this section.
(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. 114.Section 290.2 of the Welfare and Institutions Code, as amended by Section 310 of Chapter 86 of the Statutes of 2016, is repealed.SEC. 115.Section 291 of the Welfare and Institutions Code, as amended by Section 60 of Chapter 612 of the Statutes of 2016, 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, nonrelative extended family members, and resource family. 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 before 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 before 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, by first-class mail, or by electronic service pursuant to Section 212.5.
(3)If the child is not detained, the persons required to be noticed shall be noticed by personal service, by first-class mail, or by electronic service pursuant to Section 212.5, unless the person to be served is known to reside outside the county, in which case service shall be by first-class mail or by electronic service pursuant to Section 212.5.
(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. 116.Section 291 of the Welfare and Institutions Code, as amended by Section 61 of Chapter 612 of the Statutes of 2016, is repealed.SEC. 117.Section 292 of the Welfare and Institutions Code, as amended by Section 7 of Chapter 219 of the Statutes of 2015, 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 with return receipt requested, addressed to the last known address of the person to be noticed, or by electronic service pursuant to Section 212.5.
(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. 118.Section 292 of the Welfare and Institutions Code, as added by Section 8 of Chapter 219 of the Statutes of 2015, is repealed.SEC. 119.Section 293 of the Welfare and Institutions Code, as amended by Section 62 of Chapter 612 of the Statutes of 2016, 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, resource family, 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, by personal service, or by electronic service pursuant to Section 212.5.
(f)Notice to the current caregiver of the child, including a foster parent, a relative caregiver, a preadoptive parent, a nonrelative extended family member, a resource family, 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. 120.Section 293 of the Welfare and Institutions Code, as amended by Section 63 of Chapter 612 of the Statutes of 2016, is repealed.SEC. 121.Section 294 of the Welfare and Institutions Code, as amended by Section 64 of Chapter 612 of the Statutes of 2016, 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, nonrelative extended family members, or resource family. 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 service pursuant to Section 212.5, 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, placement with a fit and willing relative, or another planned permanent living arrangement, as appropriate, 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, placement with a fit and willing relative, or another planned permanent living arrangement, as appropriate, for the child. The court shall direct the parent to appear for the proceedings and then direct that the parent be notified thereafter only by first-class mail to the parents usual place of residence or business, or by electronic service pursuant to Section 212.5.
(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 served on the parent named in the notice by first-class mail at the place where the notice was delivered or by electronic service pursuant to Section 212.5.
(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, placement with a fit and willing relative, or another planned permanent living arrangement, as appropriate, service may be made by first-class mail to the parents usual place of residence or business or by electronic service pursuant to Section 212.5. In the case of an Indian child, if the recommendation of the probation officer or social worker is 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 or by electronic service pursuant to Section 212.5.
(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, placement with a fit and willing relative, or another planned permanent living arrangement, as appropriate, 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 or by electronic service pursuant to Section 212.5.
(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, placement with a fit and willing relative, or another planned permanent living arrangement, as appropriate, no further notice to the parent shall be required.
(h)Notice to all counsel of record shall be by first-class mail or by electronic service pursuant to Section 212.5.
(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)Notice of any hearing at which the county welfare department is recommending the termination of parental rights may only be served electronically if notice is also given by another means of service provided for in this section.
SEC. 122.Section 294 of the Welfare and Institutions Code, as amended by Section 65 of Chapter 612 of the Statutes of 2016, is repealed.SEC. 123.Section 295 of the Welfare and Institutions Code, as amended by Section 66 of Chapter 612 of the Statutes of 2016, 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, resource family, 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 or by electronic service pursuant to Section 212.5. 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 before 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. 124.Section 295 of the Welfare and Institutions Code, as amended by Section 67 of Chapter 612 of the Statutes of 2016, is repealed.SEC. 125.Section 297 of the Welfare and Institutions Code is amended to read:297.(a)A subsequent petition filed pursuant to Section 342 shall be noticed pursuant to Sections 290.1 and 290.2, except that service may be delivered by electronic service pursuant to Section 212.5.
(b)Upon the filing of a supplemental petition pursuant to Section 387, the clerk of the juvenile court shall immediately set the matter for hearing within 30 days of the date of the filing, and the social worker or probation officer shall cause notice thereof to be served upon the persons required by, and in the manner prescribed by, Sections 290.1, 290.2, and 291, except that service may be delivered by electronic service pursuant to Section 212.5.
(c)If a petition for modification has been filed pursuant to Section 388, and it appears that the best interest of the child may be promoted by the proposed change of the order, the recognition of a sibling relationship, or the termination of jurisdiction, the court shall order that a hearing be held and shall give prior notice, or cause prior notice to be given, to the social worker or probation officer and to the childs attorney of record, or if there is no attorney of record for the child, to the child, and his or her parent or parents or legal guardian or guardians in the manner prescribed by Section 291 unless a different manner is prescribed by the court.
(d)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.
(e)On and after January 1, 2012, if a petition for modification has been filed pursuant to subdivision (e) of Section 388 by a nonminor dependent, as described in subdivision (v) of Section 11400, no notice is required for a parent.
SEC. 126.Section 302 of the Welfare and Institutions Code is amended to read:302.(a)A juvenile court may assume jurisdiction over a child described in Section 300 regardless of whether the child was in the physical custody of both parents or was in the sole legal or physical custody of only one parent at the time that the events or conditions occurred that brought the child within the jurisdiction of the court.
(b)Unless their parental rights have been terminated, both parents shall be notified of all proceedings involving the child. In any case where the social worker is required to provide a parent or guardian with notice of a proceeding at which the social worker intends to present a report, the social worker shall also provide both parents, whether custodial or noncustodial, or any guardian, or the counsel for the parent or guardian a copy of the report prior to the hearing, by personal service, by first-class mail, or by electronic service pursuant to Section 212.5. The social worker shall not charge any fee for providing a copy of a report required by this subdivision. The social worker shall keep confidential the address of any parent who is known to be the victim of domestic violence.
(c)When a child is adjudged a dependent of the juvenile court, any issues regarding custodial rights between his or her parents shall be determined solely by the juvenile court, as specified in Sections 304, 361.2, and 362.4, so long as the child remains a dependent of the juvenile court.
(d)Any custody or visitation order issued by the juvenile court at the time the juvenile court terminates its jurisdiction pursuant to Section 362.4 regarding a child who has been previously adjudged to be a dependent child of the juvenile court shall be a final judgment and shall remain in effect after that jurisdiction is terminated. The order shall not be modified in a proceeding or action described in Section 3021 of the Family Code unless the court finds that there has been a significant change of circumstances since the juvenile court issued the order and modification of the order is in the best interests of the child.
SEC. 127.Section 316.1 of the Welfare and Institutions Code, as amended by Section 15 of Chapter 219 of the Statutes of 2015, is amended 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)Upon his or her appearance before the court, each party who consents to electronic service pursuant to Section 212.5 shall designate for the court his or her electronic service address. The court shall advise each party that the electronic service address will be used by the court and the social services agency for purposes of providing notice pursuant to Sections 291, 292, 293, 294, 295, 297, and 342, unless and until the party notifies the court or the social services agency of a new electronic service address in writing or unless the party withdraws consent to electronic service.
SEC. 128.Section 316.1 of the Welfare and Institutions Code, as added by Section 16 of Chapter 219 of the Statutes of 2015, is repealed.SEC. 129.Section 342 of the Welfare and Institutions Code is amended to read:342.(a)In any case in which a minor has been found to be a person described by Section 300 and the petitioner alleges new facts or circumstances, other than those under which the original petition was sustained, sufficient to state that the minor is a person described in Section 300, the petitioner shall file a subsequent petition. This section does not apply if the jurisdiction of the juvenile court has been terminated prior to the new allegations.
(b)Unless otherwise provided by law, all procedures and hearings required for an original petition are applicable to a subsequent petition filed under this section.
SEC. 130.Section 362.4 of the Welfare and Institutions Code is amended to read:362.4.(a)If the juvenile court terminates its jurisdiction over a minor who has been adjudged a dependent child of the juvenile court prior to the minors attainment of the age of 18 years, and proceedings for dissolution of marriage, for nullity of marriage, or for legal separation, of the minors parents, or proceedings to establish the paternity of the minor child brought under the Uniform Parentage Act, Part 3 (commencing with Section 7600) of Division 12 of the Family Code, are pending in the superior court of any county, or an order has been entered with regard to the custody of that minor, the juvenile court on its own motion, may issue a protective order as provided for in Section 213.5 or as defined in Section 6218 of the Family Code, and an order determining the custody of, or visitation with, the child.
(b)Any order issued pursuant to this section shall continue until modified or terminated by a subsequent order of the superior court. The order of the juvenile court shall be filed in the proceeding for nullity, dissolution, or legal separation, or in the proceeding to establish paternity, at the time the juvenile court terminates its jurisdiction over the minor, and shall become a part thereof.
(c)If no action is filed or pending relating to the custody of the minor in the superior court of any county, the juvenile court order may be used as the sole basis for opening a file in the superior court of the county in which the parent, who has been given custody, resides. The court may direct the parent or the clerk of the juvenile court to transmit the order to the clerk of the superior court of the county in which the order is to be filed. The clerk of the superior court shall, immediately upon receipt, open a file, without a filing fee, and assign a case number.
(d)The clerk of the superior court shall, upon the filing of any juvenile court custody order, send a copy of the order with the case number by first-class mail or by electronic means pursuant to Section 212.5 to the juvenile court and to the parents at the address listed on the order.
(e)The Judicial Council shall adopt forms for any custody or restraining order issued under this section. These form orders shall not be confidential.
SEC. 131.Section 364.05 of the Welfare and Institutions Code is amended to read:364.05.Notwithstanding Section 364, in a county of the first class, a copy of the report required pursuant to subdivision (b) of Section 364 shall be provided to all parties at least 10 calendar days before the hearing. This may be accomplished by electronically serving the report pursuant to Section 212.5 or by mailing the report at least 15 calendar days before the hearing to a party whose address is within the State of California, or at least 20 calendar days before the hearing to a party whose address is outside the State of California. The court shall grant a reasonable continuance, not to exceed 10 calendar days, upon request by any party or his or her counsel on the ground that the report was not provided at least 10 calendar days before the hearing as required by this section, unless the party or his or her counsel has expressly waived the requirement that the report be provided within the 10-day period or the court finds that the partys ability to proceed at the hearing is not prejudiced by the lack of timely service of the report. In making this determination, the court shall presume that a party is prejudiced by the lack of timely service of the report, and may find that the party is not prejudiced only by clear and convincing evidence to the contrary.
SEC. 132.Section 366.05 of the Welfare and Institutions Code is amended to read:366.05.Notwithstanding subdivision (c) of Section 366.21, in a county of the first class, any supplemental report filed in connection with a status review hearing held pursuant to subdivision (a) of Section 366 shall be provided to the parent or legal guardian and to counsel for the child at least 10 calendar days before the hearing. This may be accomplished by electronically serving the report pursuant to Section 212.5 or by mailing the report at least 15 calendar days before the hearing to a party whose address is within the State of California, or at least 20 calendar days before the hearing to a party whose address is outside the State of California. The court shall grant a reasonable continuance, not to exceed 10 calendar days, upon request by any party or his or her counsel on the ground that the report was not provided at least 10 calendar days before the hearing as required by this section, unless the party or his or her counsel has expressly waived the requirement that the report be provided within the 10-day period or the court finds that the partys ability to proceed at the hearing is not prejudiced by the lack of timely service of the report. In making this determination, the court shall presume that a party is prejudiced by the lack of timely service of the report, and may find that the party is not prejudiced only by clear and convincing evidence to the contrary.
SEC. 133.Section 366.21 of the Welfare and Institutions Code is amended to read:366.21.(a)Every hearing conducted by the juvenile court reviewing the status of a dependent child shall be placed on the appearance calendar. The court shall advise all persons present at the hearing of the date of the future hearing and of their right to be present and represented by counsel.
(b)Except as provided in Sections 294 and 295, notice of the hearing shall be provided pursuant to Section 293.
(c)At least 10 calendar days before the hearing, the social worker shall file a supplemental report with the court regarding the services provided or offered to the parent or legal guardian to enable him or her to assume custody and the efforts made to achieve legal permanence for the child if efforts to reunify fail, including, but not limited to, efforts to maintain relationships between a child who is 10 years of age or older and has been in out-of-home placement for six months or longer and individuals who are important to the child, consistent with the childs best interests; the progress made; and, where relevant, the prognosis for return of the child to the physical custody of his or her parent or legal guardian; and shall make his or her recommendation for disposition. If the child is a member of a sibling group described in subparagraph (C) of paragraph (1) of subdivision (a) of Section 361.5, the report and recommendation may also take into account those factors described in subdivision (e) relating to the childs sibling group. If the recommendation is not to return the child to a parent or legal guardian, the report shall specify why the return of the child would be detrimental to the child. The social worker shall provide the parent or legal guardian, counsel for the child, and any court-appointed child advocate with a copy of the report, including his or her recommendation for disposition, at least 10 calendar days before the hearing. The report may be served pursuant to Section 212.5. In the case of a child removed from the physical custody of his or her parent or legal guardian, the social worker shall, at least 10 calendar days before the hearing, provide a summary of his or her recommendation for disposition to any foster parents, relative caregivers, and certified foster parents who have been approved for adoption by the State Department of Social Services when it is acting as an adoption agency or by a county adoption agency, community care facility, or foster family agency having the physical custody of the child. The social worker shall include a copy of the Judicial Council Caregiver Information Form (JV-290) with the summary of his or her recommendation to the childs foster parents, relative caregivers, or foster parents approved for adoption, in the caregivers primary language when available, along with information on how to file the form with the court. The form and summary of the recommendation may be served electronically pursuant to Section 212.5.
(d)Prior to any hearing involving a child in the physical custody of a community care facility or a foster family agency that may result in the return of the child to the physical custody of his or her parent or legal guardian, or in adoption or the creation of a legal guardianship, or in the case of an Indian child, in consultation with the childs tribe, tribal customary adoption, the facility or agency shall file with the court a report, or a Judicial Council Caregiver Information Form (JV-290), containing its recommendation for disposition. Prior to the hearing involving a child in the physical custody of a foster parent, a relative caregiver, or a certified foster parent who has been approved for adoption by the State Department of Social Services when it is acting as an adoption agency or by a county adoption agency, the foster parent, relative caregiver, or the certified foster parent who has been approved for adoption by the State Department of Social Services when it is acting as an adoption agency or by a county adoption agency, may file with the court a report containing his or her recommendation for disposition. The court shall consider the report and recommendation filed pursuant to this subdivision prior to determining any disposition.
(e)(1)At the review hearing held six months after the initial dispositional hearing, but no later than 12 months after the date the child entered foster care as determined in Section 361.49, whichever occurs earlier, after considering the admissible and relevant evidence, the court shall order the return of the child to the physical custody of his or her parent or legal guardian unless the court finds, by a preponderance of the evidence, that the return of the child to his or her parent or legal guardian would create a substantial risk of detriment to the safety, protection, or physical or emotional well-being of the child. The social worker shall have the burden of establishing that detriment. At the hearing, the court shall consider the criminal history, obtained pursuant to paragraph (1) of subdivision (f) of Section 16504.5, of the parent or legal guardian subsequent to the childs removal to the extent that the criminal record is substantially related to the welfare of the child or the parents or guardians ability to exercise custody and control regarding his or her child, provided the parent or legal guardian agreed to submit fingerprint images to obtain criminal history information as part of the case plan. The court shall also consider whether the child can be returned to the custody of his or her parent who is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with his or her parent. The fact that the parent is enrolled in a certified substance abuse treatment facility shall not be, for that reason alone, prima facie evidence of detriment. The failure of the parent or legal guardian to participate regularly and make substantive progress in court-ordered treatment programs shall be prima facie evidence that return would be detrimental. In making its determination, the court shall review and consider the social workers report and recommendations and the report and recommendations of any child advocate appointed pursuant to Section 356.5; and shall consider the efforts or progress, or both, demonstrated by the parent or legal guardian and the extent to which he or she availed himself or herself of services provided, taking into account the particular barriers to a minor parent or a nonminor dependent parent, or an incarcerated, institutionalized, detained, or deported parents or legal guardians access to those court-mandated services and ability to maintain contact with his or her child.
(2)Regardless of whether the child is returned to a parent or legal guardian, the court shall specify the factual basis for its conclusion that the return would be detrimental or would not be detrimental. The court also shall make appropriate findings pursuant to subdivision (a) of Section 366; and, when relevant, shall order any additional services reasonably believed to facilitate the return of the child to the custody of his or her parent or legal guardian. The court shall also inform the parent or legal guardian that if the child cannot be returned home by the 12-month permanency hearing, a proceeding pursuant to Section 366.26 may be instituted. This section does not apply in a case in which, pursuant to Section 361.5, the court has ordered that reunification services shall not be provided.
(3)If the child was under three years of age on the date of the initial removal, or is a member of a sibling group described in subparagraph (C) of paragraph (1) of subdivision (a) of Section 361.5, and the court finds by clear and convincing evidence that the parent failed to participate regularly and make substantive progress in a court-ordered treatment plan, the court may schedule a hearing pursuant to Section 366.26 within 120 days. If, however, the court finds there is a substantial probability that the child, who was under three years of age on the date of initial removal or is a member of a sibling group described in subparagraph (C) of paragraph (1) of subdivision (a) of Section 361.5, may be returned to his or her parent or legal guardian within six months or that reasonable services have not been provided, the court shall continue the case to the 12-month permanency hearing.
(4)For the purpose of placing and maintaining a sibling group together in a permanent home, the court, in making its determination to schedule a hearing pursuant to Section 366.26 for some or all members of a sibling group, as described in subparagraph (C) of paragraph (1) of subdivision (a) of Section 361.5, shall review and consider the social workers report and recommendations. Factors the report shall address, and the court shall consider, may include, but need not be limited to, whether the sibling group was removed from parental care as a group, the closeness and strength of the sibling bond, the ages of the siblings, the appropriateness of maintaining the sibling group together, the detriment to the child if sibling ties are not maintained, the likelihood of finding a permanent home for the sibling group, whether the sibling group is currently placed together in a preadoptive home or has a concurrent plan goal of legal permanency in the same home, the wishes of each child whose age and physical and emotional condition permits a meaningful response, and the best interests of each child in the sibling group. The court shall specify the factual basis for its finding that it is in the best interests of each child to schedule a hearing pursuant to Section 366.26 within 120 days for some or all of the members of the sibling group.
(5)If the child was removed initially under subdivision (g) of Section 300 and the court finds by clear and convincing evidence that the whereabouts of the parent are still unknown, or the parent has failed to contact and visit the child, the court may schedule a hearing pursuant to Section 366.26 within 120 days. The court shall take into account any particular barriers to a parents ability to maintain contact with his or her child due to the parents incarceration, institutionalization, detention by the United States Department of Homeland Security, or deportation. If the court finds by clear and convincing evidence that the parent has been convicted of a felony indicating parental unfitness, the court may schedule a hearing pursuant to Section 366.26 within 120 days.
(6)If the child had been placed under court supervision with a previously noncustodial parent pursuant to Section 361.2, the court shall determine whether supervision is still necessary. The court may terminate supervision and transfer permanent custody to that parent, as provided for by paragraph (1) of subdivision (b) of Section 361.2.
(7)In all other cases, the court shall direct that any reunification services previously ordered shall continue to be offered to the parent or legal guardian pursuant to the time periods set forth in subdivision (a) of Section 361.5, provided that the court may modify the terms and conditions of those services.
(8)If the child is not returned to his or her parent or legal guardian, the court shall determine whether reasonable services that were designed to aid the parent or legal guardian in overcoming the problems that led to the initial removal and the continued custody of the child have been provided or offered to the parent or legal guardian. The court shall order that those services be initiated, continued, or terminated.
(f)(1)The permanency hearing shall be held no later than 12 months after the date the child entered foster care, as that date is determined pursuant to Section 361.49. At the permanency hearing, the court shall determine the permanent plan for the child, which shall include a determination of whether the child will be returned to the childs home and, if so, when, within the time limits of subdivision (a) of Section 361.5. After considering the relevant and admissible evidence, the court shall order the return of the child to the physical custody of his or her parent or legal guardian unless the court finds, by a preponderance of the evidence, that the return of the child to his or her parent or legal guardian would create a substantial risk of detriment to the safety, protection, or physical or emotional well-being of the child. The social worker shall have the burden of establishing that detriment.
(A)At the permanency hearing, the court shall consider the criminal history, obtained pursuant to paragraph (1) of subdivision (f) of Section 16504.5, of the parent or legal guardian subsequent to the childs removal to the extent that the criminal record is substantially related to the welfare of the child or the parents or legal guardians ability to exercise custody and control regarding his or her child, provided that the parent or legal guardian agreed to submit fingerprint images to obtain criminal history information as part of the case plan. The court shall also determine whether reasonable services that were designed to aid the parent or legal guardian to overcome the problems that led to the initial removal and continued custody of the child have been provided or offered to the parent or legal guardian.
(B)The court shall also consider whether the child can be returned to the custody of his or her parent who is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with his or her parent. The fact that the parent is enrolled in a certified substance abuse treatment facility shall not be, for that reason alone, prima facie evidence of detriment. The failure of the parent or legal guardian to participate regularly and make substantive progress in court-ordered treatment programs shall be prima facie evidence that return would be detrimental.
(C)In making its determination, the court shall review and consider the social workers report and recommendations and the report and recommendations of any child advocate appointed pursuant to Section 356.5, shall consider the efforts or progress, or both, demonstrated by the parent or legal guardian and the extent to which he or she availed himself or herself of services provided, taking into account the particular barriers to a minor parent or a nonminor dependent parent, or an incarcerated, institutionalized, detained, or deported parents or legal guardians access to those court-mandated services and ability to maintain contact with his or her child, and shall make appropriate findings pursuant to subdivision (a) of Section 366.
(D)For each youth 16 years of age and older, the court shall also determine whether services have been made available to assist him or her in making the transition from foster care to successful adulthood.
(2)Regardless of whether the child is returned to his or her parent or legal guardian, the court shall specify the factual basis for its decision. If the child is not returned to a parent or legal guardian, the court shall specify the factual basis for its conclusion that the return would be detrimental. The court also shall make a finding pursuant to subdivision (a) of Section 366. If the child is not returned to his or her parent or legal guardian, the court shall consider, and state for the record, in-state and out-of-state placement options. If the child is placed out of the state, the court shall make a determination whether the out-of-state placement continues to be appropriate and in the best interests of the child.
(g)If the time period in which the court-ordered services were provided has met or exceeded the time period set forth in subparagraph (A), (B), or (C) of paragraph (1) of subdivision (a) of Section 361.5, as appropriate, and a child is not returned to the custody of a parent or legal guardian at the permanency hearing held pursuant to subdivision (f), the court shall do one of the following:
(1)Continue the case for up to six months for a permanency review hearing, provided that the hearing shall occur within 18 months of the date the child was originally taken from the physical custody of his or her parent or legal guardian. The court shall continue the case only if it finds that there is a substantial probability that the child will be returned to the physical custody of his or her parent or legal guardian and safely maintained in the home within the extended period of time or that reasonable services have not been provided to the parent or legal guardian. For purposes of this section, in order to find a substantial probability that the child will be returned to the physical custody of his or her parent or legal guardian and safely maintained in the home within the extended period of time, the court shall be required to find all of the following:
(A)That the parent or legal guardian has consistently and regularly contacted and visited with the child.
(B)That the parent or legal guardian has made significant progress in resolving problems that led to the childs removal from the home.
(C)The parent or legal guardian has demonstrated the capacity and ability both to complete the objectives of his or her treatment plan and to provide for the childs safety, protection, physical and emotional well-being, and special needs.
(i)For purposes of this subdivision, the courts decision to continue the case based on a finding or substantial probability that the child will be returned to the physical custody of his or her parent or legal guardian is a compelling reason for determining that a hearing held pursuant to Section 366.26 is not in the best interests of the child.
(ii)The court shall inform the parent or legal guardian that if the child cannot be returned home by the next permanency review hearing, a proceeding pursuant to Section 366.26 may be instituted. The court shall not order that a hearing pursuant to Section 366.26 be held unless there is clear and convincing evidence that reasonable services have been provided or offered to the parent or legal guardian.
(2)Continue the case for up to six months for a permanency review hearing, provided that the hearing shall occur within 18 months of the date the child was originally taken from the physical custody of his or her parent or legal guardian, if the parent has been arrested and issued an immigration hold, detained by the United States Department of Homeland Security, or deported to his or her country of origin, and the court determines either that there is a substantial probability that the child will be returned to the physical custody of his or her parent or legal guardian and safely maintained in the home within the extended period of time or that reasonable services have not been provided to the parent or legal guardian.
(3)For purposes of paragraph (2), in order to find a substantial probability that the child will be returned to the physical custody of his or her parent or legal guardian and safely maintained in the home within the extended period of time, the court shall find all of the following:
(A)The parent or legal guardian has consistently and regularly contacted and visited with the child, taking into account any particular barriers to a parents ability to maintain contact with his or her child due to the parents arrest and receipt of an immigration hold, detention by the United States Department of Homeland Security, or deportation.
(B)The parent or legal guardian has made significant progress in resolving the problems that led to the childs removal from the home.
(C)The parent or legal guardian has demonstrated the capacity or ability both to complete the objectives of his or her treatment plan and to provide for the childs safety, protection, physical and emotional well-being, and special needs.
(4)Order that a hearing be held within 120 days, pursuant to Section 366.26, but only if the court does not continue the case to the permanency planning review hearing and there is clear and convincing evidence that reasonable services have been provided or offered to the parents or legal guardians. On and after January 1, 2012, a hearing pursuant to Section 366.26 shall not be ordered if the child is a nonminor dependent, unless the nonminor dependent is an Indian child and tribal customary adoption is recommended as the permanent plan.
(5)Order that the child remain in foster care, but only if the court finds by clear and convincing evidence, based upon the evidence already presented to it, including a recommendation by the State Department of Social Services when it is acting as an adoption agency or by a county adoption agency, that there is a compelling reason for determining that a hearing held pursuant to Section 366.26 is not in the best interests of the child because the child is not a proper subject for adoption and has no one willing to accept legal guardianship as of the hearing date. For purposes of this section, a recommendation by the State Department of Social Services when it is acting as an adoption agency or by a county adoption agency that adoption is not in the best interests of the child shall constitute a compelling reason for the courts determination. That recommendation shall be based on the present circumstances of the child and shall not preclude a different recommendation at a later date if the childs circumstances change. On and after January 1, 2012, the nonminor dependents legal status as an adult is in and of itself a compelling reason not to hold a hearing pursuant to Section 366.26. The court may order that a nonminor dependent who otherwise is eligible pursuant to Section 11403 remain in a planned, permanent living arrangement.
(A)The court shall make factual findings identifying any barriers to achieving the permanent plan as of the hearing date. When the child is under 16 years of age, the court shall order a permanent plan of return home, adoption, tribal customary adoption in the case of an Indian child, legal guardianship, or placement with a fit and willing relative, as appropriate. When the child is 16 years of age or older, or is a nonminor dependent, and no other permanent plan is appropriate at the time of the hearing, the court may order another planned permanent living arrangement, as described in paragraph (2) of subdivision (i) of Section 16501.
(B)If the court orders that a child who is 10 years of age or older remain in foster care, the court shall determine whether the agency has made reasonable efforts to maintain the childs relationships with individuals other than the childs siblings who are important to the child, consistent with the childs best interests, and may make any appropriate order to ensure that those relationships are maintained.
(C)If the child is not returned to his or her parent or legal guardian, the court shall consider, and state for the record, in-state and out-of-state options for permanent placement. If the child is placed out of the state, the court shall make a determination whether the out-of-state placement continues to be appropriate and in the best interests of the child.
(h)In any case in which the court orders that a hearing pursuant to Section 366.26 shall be held, it shall also order the termination of reunification services to the parent or legal guardian. The court shall continue to permit the parent or legal guardian to visit the child pending the hearing unless it finds that visitation would be detrimental to the child. The court shall make any other appropriate orders to enable the child to maintain relationships with individuals, other than the childs siblings, who are important to the child, consistent with the childs best interests. When the court orders a termination of reunification services to the parent or legal guardian, it shall also order that the childs caregiver receive the childs birth certificate in accordance with Sections 16010.4 and 16010.5. Additionally, when the court orders a termination of reunification services to the parent or legal guardian, it shall order, when appropriate, that a child who is 16 years of age or older receive his or her birth certificate.
(i)(1)Whenever a court orders that a hearing pursuant to Section 366.26, including, when, in consultation with the childs tribe, tribal customary adoption is recommended, shall be held, it shall direct the agency supervising the child and the county adoption agency, or the State Department of Social Services when it is acting as an adoption agency, to prepare an assessment that shall include:
(A)Current search efforts for an absent parent or parents or legal guardians.
(B)A review of the amount of and nature of any contact between the child and his or her parents or legal guardians and other members of his or her extended family since the time of placement. Although the extended family of each child shall be reviewed on a case-by-case basis, extended family for the purpose of this subparagraph shall include, but not be limited to, the childs siblings, grandparents, aunts, and uncles.
(C)An evaluation of the childs medical, developmental, scholastic, mental, and emotional status.
(D)A preliminary assessment of the eligibility and commitment of any identified prospective adoptive parent or legal guardian, including the prospective tribal customary adoptive parent, particularly the caretaker, to include a social history including screening for criminal records and prior referrals for child abuse or neglect, the capability to meet the childs needs, and the understanding of the legal and financial rights and responsibilities of adoption and guardianship. If a proposed guardian is a relative of the minor, the assessment shall also consider, but need not be limited to, all of the factors specified in subdivision (a) of Section 361.3 and in Section 361.4.
(E)The relationship of the child to any identified prospective adoptive parent or legal guardian, the duration and character of the relationship, the degree of attachment of the child to the prospective relative guardian or adoptive parent, the relatives or adoptive parents strong commitment to caring permanently for the child, the motivation for seeking adoption or guardianship, a statement from the child concerning placement and the adoption or guardianship, and whether the child, if over 12 years of age, has been consulted about the proposed relative guardianship arrangements, unless the childs age or physical, emotional, or other condition precludes his or her meaningful response, and if so, a description of the condition.
(F)A description of efforts to be made to identify a prospective adoptive parent or legal guardian, including, but not limited to, child-specific recruitment and listing on an adoption exchange within the state or out of the state.
(G)An analysis of the likelihood that the child will be adopted if parental rights are terminated.
(H)In the case of an Indian child, in addition to subparagraphs (A) to (G), inclusive, an assessment of the likelihood that the child will be adopted, when, in consultation with the childs tribe, a tribal customary adoption, as defined in Section 366.24, is recommended. If tribal customary adoption is recommended, the assessment shall include an analysis of both of the following:
(i)Whether tribal customary adoption would or would not be detrimental to the Indian child and the reasons for reaching that conclusion.
(ii)Whether the Indian child cannot or should not be returned to the home of the Indian parent or Indian custodian and the reasons for reaching that conclusion.
(2)(A)A relative caregivers preference for legal guardianship over adoption, if it is due to circumstances that do not include an unwillingness to accept legal or financial responsibility for the child, shall not constitute the sole basis for recommending removal of the child from the relative caregiver for purposes of adoptive placement.
(B)Regardless of his or her immigration status, a relative caregiver shall be given information regarding the permanency options of guardianship and adoption, including the long-term benefits and consequences of each option, prior to establishing legal guardianship or pursuing adoption. If the proposed permanent plan is guardianship with an approved relative caregiver for a minor eligible for aid under the Kin-GAP Program, as provided for in Article 4.7 (commencing with Section 11385) of Chapter 2 of Part 3 of Division 9, the relative caregiver shall be informed about the terms and conditions of the negotiated agreement pursuant to Section 11387 and shall agree to its execution prior to the hearing held pursuant to Section 366.26. A copy of the executed negotiated agreement shall be attached to the assessment.
(j)If, at any hearing held pursuant to Section 366.26, a guardianship is established for the minor with an approved relative caregiver, and juvenile court dependency is subsequently dismissed, the minor shall be eligible for aid under the Kin-GAP Program, as provided for in Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385), as applicable, of Chapter 2 of Part 3 of Division 9.
(k)As used in this section, relative means an adult who is related to the minor by blood, adoption, or affinity within the fifth degree of kinship, including stepparents, stepsiblings, and all relatives whose status is preceded by the words great, great-great, or grand, or the spouse of any of those persons even if the marriage was terminated by death or dissolution. If the proposed permanent plan is guardianship with an approved relative caregiver for a minor eligible for aid under the Kin-GAP Program, as provided for in Article 4.7 (commencing with Section 11385) of Chapter 2 of Part 3 of Division 9, relative as used in this section has the same meaning as relative as defined in subdivision (c) of Section 11391.
(l)For purposes of this section, evidence of any of the following circumstances shall not, in and of itself, be deemed a failure to provide or offer reasonable services:
(1)The child has been placed with a foster family that is eligible to adopt a child, or has been placed in a preadoptive home.
(2)The case plan includes services to make and finalize a permanent placement for the child if efforts to reunify fail.
(3)Services to make and finalize a permanent placement for the child, if efforts to reunify fail, are provided concurrently with services to reunify the family.
SEC. 133.5.Section 366.21 of the Welfare and Institutions Code is amended to read:366.21.(a)Every hearing conducted by the juvenile court reviewing the status of a dependent child shall be placed on the appearance calendar. The court shall advise all persons present at the hearing of the date of the future hearing and of their right to be present and represented by counsel.
(b)Except as provided in Sections 294 and 295, notice of the hearing shall be provided pursuant to Section 293.
(c)At least 10 calendar days prior to before the hearing, the social worker shall file a supplemental report with the court regarding the services provided or offered to the parent or legal guardian to enable him or her to assume custody and the efforts made to achieve legal permanence for the child if efforts to reunify fail, including, but not limited to, efforts to maintain relationships between a child who is 10 years of age or older and has been in out-of-home placement for six months or longer and individuals who are important to the child, consistent with the childs best interests; the progress made; and, where relevant, the prognosis for return of the child to the physical custody of his or her parent or legal guardian; and shall make his or her recommendation for disposition. If the child is a member of a sibling group described in subparagraph (C) of paragraph (1) of subdivision (a) of Section 361.5, the report and recommendation may also take into account those factors described in subdivision (e) relating to the childs sibling group. If the recommendation is not to return the child to a parent or legal guardian, the report shall specify why the return of the child would be detrimental to the child. The social worker shall provide the parent or legal guardian, counsel for the child, and any court-appointed child advocate with a copy of the report, including his or her recommendation for disposition, at least 10 calendar days prior to before the hearing. The report may be served pursuant to Section 212.5. In the case of a child removed from the physical custody of his or her parent or legal guardian, the social worker shall, at least 10 calendar days prior to before the hearing, provide a summary of his or her recommendation for disposition to any foster parents, relative caregivers, and certified foster parents who have been approved for adoption by the State Department of Social Services when it is acting as an adoption agency or by a county adoption agency, community care facility, or foster family agency having the physical custody of the child. The social worker shall include a copy of the Judicial Council Caregiver Information Form (JV-290) with the summary of recommendations his or her recommendation to the childs foster parents, relative caregivers, or foster parents approved for adoption, in the caregivers primary language when available, along with information on how to file the form with the court. The form and summary of the recommendation may be served electronically pursuant to Section 212.5.
(d)Prior to any hearing involving a child in the physical custody of a community care facility or a foster family agency that may result in the return of the child to the physical custody of his or her parent or legal guardian, or in adoption or the creation of a legal guardianship, or in the case of an Indian child, in consultation with the childs tribe, tribal customary adoption, the facility or agency shall file with the court a report, or a Judicial Council Caregiver Information Form (JV-290), containing its recommendation for disposition. Prior to the hearing involving a child in the physical custody of a foster parent, a relative caregiver, or a certified foster parent who has been approved for adoption by the State Department of Social Services when it is acting as an adoption agency or by a county adoption agency, the foster parent, relative caregiver, or the certified foster parent who has been approved for adoption by the State Department of Social Services when it is acting as an adoption agency or by a county adoption agency, may file with the court a report containing his or her recommendation for disposition. The court shall consider the report and recommendation filed pursuant to this subdivision prior to determining any disposition.
(e)(1)At the review hearing held six months after the initial dispositional hearing, but no later than 12 months after the date the child entered foster care as determined in Section 361.49, whichever occurs earlier, after considering the admissible and relevant evidence, the court shall order the return of the child to the physical custody of his or her parent or legal guardian unless the court finds, by a preponderance of the evidence, that the return of the child to his or her parent or legal guardian would create a substantial risk of detriment to the safety, protection, or physical or emotional well-being of the child. The social worker shall have the burden of establishing that detriment. At the hearing, the court shall consider the criminal history, obtained pursuant to paragraph (1) of subdivision (f) of Section 16504.5, of the parent or legal guardian subsequent to the childs removal to the extent that the criminal record is substantially related to the welfare of the child or the parents or guardians ability to exercise custody and control regarding his or her child, provided the parent or legal guardian agreed to submit fingerprint images to obtain criminal history information as part of the case plan. The court shall also consider whether the child can be returned to the custody of his or her parent who is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with his or her parent. The fact that the parent is enrolled in a certified substance abuse treatment facility shall not be, for that reason alone, prima facie evidence of detriment. The failure of the parent or legal guardian to participate regularly and make substantive progress in court-ordered treatment programs shall be prima facie evidence that return would be detrimental. In making its determination, the court shall review and consider the social workers report and recommendations and the report and recommendations of any child advocate appointed pursuant to Section 356.5; and shall consider the efforts or progress, or both, demonstrated by the parent or legal guardian and the extent to which he or she availed himself or herself of services provided, taking into account the particular barriers to a minor parent or a nonminor dependent parent, or an incarcerated, institutionalized, detained, or deported parents or legal guardians access to those court-mandated services and ability to maintain contact with his or her child.
(2)Regardless of whether the child is returned to a parent or legal guardian, the court shall specify the factual basis for its conclusion that the return would be detrimental or would not be detrimental. The court also shall make appropriate findings pursuant to subdivision (a) of Section 366; and, when relevant, shall order any additional services reasonably believed to facilitate the return of the child to the custody of his or her parent or legal guardian. The court shall also inform the parent or legal guardian that if the child cannot be returned home by the 12-month permanency hearing, a proceeding pursuant to Section 366.26 may be instituted. This section does not apply in a case in which, pursuant to Section 361.5, the court has ordered that reunification services shall not be provided.
(3)If the child was under three years of age on the date of the initial removal, or is a member of a sibling group described in subparagraph (C) of paragraph (1) of subdivision (a) of Section 361.5, and the court finds by clear and convincing evidence that the parent failed to participate regularly and make substantive progress in a court-ordered treatment plan, the court may schedule a hearing pursuant to Section 366.26 within 120 days. If, however, the court finds there is a substantial probability that the child, who was under three years of age on the date of initial removal or is a member of a sibling group described in subparagraph (C) of paragraph (1) of subdivision (a) of Section 361.5, may be returned to his or her parent or legal guardian within six months or that reasonable services have not been provided, the court shall continue the case to the 12-month permanency hearing.
(4)For the purpose of placing and maintaining a sibling group together in a permanent home, the court, in making its determination to schedule a hearing pursuant to Section 366.26 for some or all members of a sibling group, as described in subparagraph (C) of paragraph (1) of subdivision (a) of Section 361.5, shall review and consider the social workers report and recommendations. Factors the report shall address, and the court shall consider, may include, but need not be limited to, whether the sibling group was removed from parental care as a group, the closeness and strength of the sibling bond, the ages of the siblings, the appropriateness of maintaining the sibling group together, the detriment to the child if sibling ties are not maintained, the likelihood of finding a permanent home for the sibling group, whether the sibling group is currently placed together in a preadoptive home or has a concurrent plan goal of legal permanency in the same home, the wishes of each child whose age and physical and emotional condition permits a meaningful response, and the best interests of each child in the sibling group. The court shall specify the factual basis for its finding that it is in the best interests of each child to schedule a hearing pursuant to Section 366.26 within 120 days for some or all of the members of the sibling group.
(5)If the child was removed initially under subdivision (g) of Section 300 and the court finds by clear and convincing evidence that the whereabouts of the parent are still unknown, or the parent has failed to contact and visit the child, the court may schedule a hearing pursuant to Section 366.26 within 120 days. The court shall take into account any particular barriers to a parents ability to maintain contact with his or her child due to the parents incarceration, institutionalization, detention by the United States Department of Homeland Security, or deportation. If the court finds by clear and convincing evidence that the parent has been convicted of a felony indicating parental unfitness, the court may schedule a hearing pursuant to Section 366.26 within 120 days.
(6)If the child had been placed under court supervision with a previously noncustodial parent pursuant to Section 361.2, the court shall determine whether supervision is still necessary. The court may terminate supervision and transfer permanent custody to that parent, as provided for by paragraph (1) of subdivision (b) of Section 361.2.
(7)In all other cases, the court shall direct that any reunification services previously ordered shall continue to be offered to the parent or legal guardian pursuant to the time periods set forth in subdivision (a) of Section 361.5, provided that the court may modify the terms and conditions of those services.
(8)If the child is not returned to his or her parent or legal guardian, the court shall determine whether reasonable services that were designed to aid the parent or legal guardian in overcoming the problems that led to the initial removal and the continued custody of the child have been provided or offered to the parent or legal guardian. The court shall order that those services be initiated, continued, or terminated.
(f)(1)The permanency hearing shall be held no later than 12 months after the date the child entered foster care, as that date is determined pursuant to Section 361.49. At the permanency hearing, the court shall determine the permanent plan for the child, which shall include a determination of whether the child will be returned to the childs home and, if so, when, within the time limits of subdivision (a) of Section 361.5. After considering the relevant and admissible evidence, the court shall order the return of the child to the physical custody of his or her parent or legal guardian unless the court finds, by a preponderance of the evidence, that the return of the child to his or her parent or legal guardian would create a substantial risk of detriment to the safety, protection, or physical or emotional well-being of the child. The social worker shall have the burden of establishing that detriment.
(A)At the permanency hearing, the court shall consider the criminal history, obtained pursuant to paragraph (1) of subdivision (f) of Section 16504.5, of the parent or legal guardian subsequent to the childs removal to the extent that the criminal record is substantially related to the welfare of the child or the parents or legal guardians ability to exercise custody and control regarding his or her child, provided that the parent or legal guardian agreed to submit fingerprint images to obtain criminal history information as part of the case plan. The court shall also determine whether reasonable services that were designed to aid the parent or legal guardian to overcome the problems that led to the initial removal and continued custody of the child have been provided or offered to the parent or legal guardian.
(B)The court shall also consider whether the child can be returned to the custody of his or her parent who is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with his or her parent. The fact that the parent is enrolled in a certified substance abuse treatment facility shall not be, for that reason alone, prima facie evidence of detriment. The failure of the parent or legal guardian to participate regularly and make substantive progress in court-ordered treatment programs shall be prima facie evidence that return would be detrimental.
(C)In making its determination, the court shall review and consider the social workers report and recommendations and the report and recommendations of any child advocate appointed pursuant to Section 356.5, shall consider the efforts or progress, or both, demonstrated by the parent or legal guardian and the extent to which he or she availed himself or herself of services provided, taking into account the particular barriers to a minor parent or a nonminor dependent parent, or an incarcerated, institutionalized, detained, or deported parents or legal guardians access to those court-mandated services and ability to maintain contact with his or her child, and shall make appropriate findings pursuant to subdivision (a) of Section 366.
(D)For each youth 16 years of age and older, the court shall also determine whether services have been made available to assist him or her in making the transition from foster care to successful adulthood.
(2)Regardless of whether the child is returned to his or her parent or legal guardian, the court shall specify the factual basis for its decision. If the child is not returned to a parent or legal guardian, the court shall specify the factual basis for its conclusion that the return would be detrimental. The court also shall make a finding pursuant to subdivision (a) of Section 366. If the child is not returned to his or her parent or legal guardian, the court shall consider, and state for the record, in-state and out-of-state placement options. If the child is placed out of the state, the court shall make a determination whether the out-of-state placement continues to be appropriate and in the best interests of the child.
(g)If the time period in which the court-ordered services were provided has met or exceeded the time period set forth in subparagraph (A), (B), or (C) of paragraph (1) of subdivision (a) of Section 361.5, as appropriate, and a child is not returned to the custody of a parent or legal guardian at the permanency hearing held pursuant to subdivision (f), the court shall do one of the following:
(1)Continue the case for up to six months for a permanency review hearing, provided that the hearing shall occur within 18 months of the date the child was originally taken from the physical custody of his or her parent or legal guardian. The court shall continue the case only if it finds that there is a substantial probability that the child will be returned to the physical custody of his or her parent or legal guardian and safely maintained in the home within the extended period of time or that reasonable services have not been provided to the parent or legal guardian. For the purposes of this section, in order to find a substantial probability that the child will be returned to the physical custody of his or her parent or legal guardian and safely maintained in the home within the extended period of time, the court shall be required to find all of the following:
(A)That the parent or legal guardian has consistently and regularly contacted and visited with the child.
(B)That the parent or legal guardian has made significant progress in resolving problems that led to the childs removal from the home.
(C)The parent or legal guardian has demonstrated the capacity and ability both to complete the objectives of his or her treatment plan and to provide for the childs safety, protection, physical and emotional well-being, and special needs.
(i)For purposes of this subdivision, the courts decision to continue the case based on a finding or substantial probability that the child will be returned to the physical custody of his or her parent or legal guardian is a compelling reason for determining that a hearing held pursuant to Section 366.26 is not in the best interests of the child.
(ii)The court shall inform the parent or legal guardian that if the child cannot be returned home by the next permanency review hearing, a proceeding pursuant to Section 366.26 may be instituted. The court shall not order that a hearing pursuant to Section 366.26 be held unless there is clear and convincing evidence that reasonable services have been provided or offered to the parent or legal guardian.
(2)Continue the case for up to six months for a permanency review hearing, provided that the hearing shall occur within 18 months of the date the child was originally taken from the physical custody of his or her parent or legal guardian, if the parent has been arrested and issued an immigration hold, detained by the United States Department of Homeland Security, or deported to his or her country of origin, and the court determines either that there is a substantial probability that the child will be returned to the physical custody of his or her parent or legal guardian and safely maintained in the home within the extended period of time or that reasonable services have not been provided to the parent or legal guardian.
(3)For purposes of paragraph (2), in order to find a substantial probability that the child will be returned to the physical custody of his or her parent or legal guardian and safely maintained in the home within the extended period of time, the court shall find all of the following:
(A)The parent or legal guardian has consistently and regularly contacted and visited with the child, taking into account any particular barriers to a parents ability to maintain contact with his or her child due to the parents arrest and receipt of an immigration hold, detention by the United States Department of Homeland Security, or deportation.
(B)The parent or legal guardian has made significant progress in resolving the problems that led to the childs removal from the home.
(C)The parent or legal guardian has demonstrated the capacity or ability both to complete the objectives of his or her treatment plan and to provide for the childs safety, protection, physical and emotional well-being, and special needs.
(4)Order that a hearing be held within 120 days, pursuant to Section 366.26, but only if the court does not continue the case to the permanency planning review hearing and there is clear and convincing evidence that reasonable services have been provided or offered to the parents or legal guardians. On and after January 1, 2012, a hearing pursuant to Section 366.26 shall not be ordered if the child is a nonminor dependent, unless the nonminor dependent is an Indian child and tribal customary adoption is recommended as the permanent plan.
(5)Order that the child remain in foster care, but only if the court finds by clear and convincing evidence, based upon the evidence already presented to it, including a recommendation by the State Department of Social Services when it is acting as an adoption agency or by a county adoption agency, that there is a compelling reason for determining that a hearing held pursuant to Section 366.26 is not in the best interests of the child because the child is not a proper subject for adoption and has no one willing to accept legal guardianship as of the hearing date. For purposes of this section, a recommendation by the State Department of Social Services when it is acting as an adoption agency or by a county adoption agency that adoption is not in the best interests of the child shall constitute a compelling reason for the courts determination. That recommendation shall be based on the present circumstances of the child and shall not preclude a different recommendation at a later date if the childs circumstances change. On and after January 1, 2012, the nonminor dependents legal status as an adult is in and of itself a compelling reason not to hold a hearing pursuant to Section 366.26. The court may order that a nonminor dependent who otherwise is eligible pursuant to Section 11403 remain in a planned, permanent living arrangement.
(A)The court shall make factual findings identifying any barriers to achieving the permanent plan as of the hearing date. When the child is under 16 years of age, the court shall order a permanent plan of return home, adoption, tribal customary adoption in the case of an Indian child, legal guardianship, or placement with a fit and willing relative, as appropriate. When the child is 16 years of age or older, or is a nonminor dependent, and no other permanent plan is appropriate at the time of the hearing, the court may order another planned permanent living arrangement, as described in paragraph (2) of subdivision (i) of Section 16501.
(B)If the court orders that a child who is 10 years of age or older remain in foster care, the court shall determine whether the agency has made reasonable efforts to maintain the childs relationships with individuals other than the childs siblings who are important to the child, consistent with the childs best interests, and may make any appropriate order to ensure that those relationships are maintained.
(C)If the child is not returned to his or her parent or legal guardian, the court shall consider, and state for the record, in-state and out-of-state options for permanent placement. If the child is placed out of the state, the court shall make a determination whether the out-of-state placement continues to be appropriate and in the best interests of the child.
(h)In any case in which the court orders that a hearing pursuant to Section 366.26 shall be held, it shall also order the termination of reunification services to the parent or legal guardian. The court shall continue to permit the parent or legal guardian to visit the child pending the hearing unless it finds that visitation would be detrimental to the child. The court shall make any other appropriate orders to enable the child to maintain relationships with individuals, other than the childs siblings, who are important to the child, consistent with the childs best interests. When the court orders a termination of reunification services to the parent or legal guardian, it shall also order that the childs caregiver receive the childs birth certificate in accordance with Sections 16010.4 and 16010.5. Additionally, when the court orders a termination of reunification services to the parent or legal guardian, it shall order, when appropriate, that a child who is 16 years of age or older receive his or her birth certificate.
(i)(1)Whenever a court orders that a hearing pursuant to Section 366.26, including, when, in consultation with the childs tribe, tribal customary adoption is recommended, shall be held, it shall direct the agency supervising the child and the county adoption agency, or the State Department of Social Services when it is acting as an adoption agency, to prepare an assessment that shall include:
(A)Current search efforts for an absent parent or parents or legal guardians.
(B)A review of the amount of and nature of any contact between the child and his or her parents or legal guardians and other members of his or her extended family since the time of placement. Although the extended family of each child shall be reviewed on a case-by-case basis, extended family for the purpose of this subparagraph shall include, but not be limited to, the childs siblings, grandparents, aunts, and uncles.
(C)(i)An evaluation of the childs medical, developmental, scholastic, mental, and emotional status.
(ii)The evaluation pursuant to clause (i) shall include, but is not limited to, providing a copy of the complete health and education summary as required under Section 16010, including the name and contact information of the person or persons currently holding the right to make educational decisions for the child.
(iii)In instances where it is determined that disclosure pursuant to clause (ii) of the contact information of the person or persons currently holding the right to make educational decisions for the child poses a threat to the health and safety of that individual or those individuals, that contact information shall be redacted or withheld from the evaluation.
(D)A preliminary assessment of the eligibility and commitment of any identified prospective adoptive parent or legal guardian, including the prospective tribal customary adoptive parent, particularly the caretaker, to include a social history including screening for criminal records and prior referrals for child abuse or neglect, the capability to meet the childs needs, and the understanding of the legal and financial rights and responsibilities of adoption and guardianship. If a proposed guardian is a relative of the minor, the assessment shall also consider, but need not be limited to, all of the factors specified in subdivision (a) of Section 361.3 and in Section 361.4.
(E)The relationship of the child to any identified prospective adoptive parent or legal guardian, the duration and character of the relationship, the degree of attachment of the child to the prospective relative guardian or adoptive parent, the relatives or adoptive parents strong commitment to caring permanently for the child, the motivation for seeking adoption or guardianship, a statement from the child concerning placement and the adoption or guardianship, and whether the child, if over 12 years of age, has been consulted about the proposed relative guardianship arrangements, unless the childs age or physical, emotional, or other condition precludes his or her meaningful response, and if so, a description of the condition.
(F)A description of efforts to be made to identify a prospective adoptive parent or legal guardian, including, but not limited to, child-specific recruitment and listing on an adoption exchange within the state or out of the state.
(G)An analysis of the likelihood that the child will be adopted if parental rights are terminated.
(H)In the case of an Indian child, in addition to subparagraphs (A) to (G), inclusive, an assessment of the likelihood that the child will be adopted, when, in consultation with the childs tribe, a tribal customary adoption, as defined in Section 366.24, is recommended. If tribal customary adoption is recommended, the assessment shall include an analysis of both of the following:
(i)Whether tribal customary adoption would or would not be detrimental to the Indian child and the reasons for reaching that conclusion.
(ii)Whether the Indian child cannot or should not be returned to the home of the Indian parent or Indian custodian and the reasons for reaching that conclusion.
(2)(A)A relative caregivers preference for legal guardianship over adoption, if it is due to circumstances that do not include an unwillingness to accept legal or financial responsibility for the child, shall not constitute the sole basis for recommending removal of the child from the relative caregiver for purposes of adoptive placement.
(B)Regardless of his or her immigration status, a relative caregiver shall be given information regarding the permanency options of guardianship and adoption, including the long-term benefits and consequences of each option, prior to establishing legal guardianship or pursuing adoption. If the proposed permanent plan is guardianship with an approved relative caregiver for a minor eligible for aid under the Kin-GAP Program, as provided for in Article 4.7 (commencing with Section 11385) of Chapter 2 of Part 3 of Division 9, the relative caregiver shall be informed about the terms and conditions of the negotiated agreement pursuant to Section 11387 and shall agree to its execution prior to the hearing held pursuant to Section 366.26. A copy of the executed negotiated agreement shall be attached to the assessment.
(j)If, at any hearing held pursuant to Section 366.26, a guardianship is established for the minor with an approved relative caregiver, and juvenile court dependency is subsequently dismissed, the minor shall be eligible for aid under the Kin-GAP Program, as provided for in Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385), as applicable, of Chapter 2 of Part 3 of Division 9.
(k)As used in this section, relative means an adult who is related to the minor by blood, adoption, or affinity within the fifth degree of kinship, including stepparents, stepsiblings, and all relatives whose status is preceded by the words great, great-great, or grand, or the spouse of any of those persons even if the marriage was terminated by death or dissolution. If the proposed permanent plan is guardianship with an approved relative caregiver for a minor eligible for aid under the Kin-GAP Program, as provided for in Article 4.7 (commencing with Section 11385) of Chapter 2 of Part 3 of Division 9, relative as used in this section has the same meaning as relative as defined in subdivision (c) of Section 11391.
(l)For purposes of this section, evidence of any of the following circumstances shall not, in and of itself, be deemed a failure to provide or offer reasonable services:
(1)The child has been placed with a foster family that is eligible to adopt a child, or has been placed in a preadoptive home.
(2)The case plan includes services to make and finalize a permanent placement for the child if efforts to reunify fail.
(3)Services to make and finalize a permanent placement for the child, if efforts to reunify fail, are provided concurrently with services to reunify the family.
SEC. 134.Section 366.26 of the Welfare and Institutions Code is amended to read:366.26.(a)This section applies to children who are adjudged dependent children of the juvenile court pursuant to subdivision (d) of Section 360. The procedures specified herein are the exclusive procedures for conducting these hearings; Part 2 (commencing with Section 3020) of Division 8 of the Family Code is not applicable to these proceedings. Section 8616.5 of the Family Code is applicable and available to all dependent children meeting the requirements of that section, if the postadoption contact agreement has been entered into voluntarily. For children who are adjudged dependent children of the juvenile court pursuant to subdivision (d) of Section 360, this section, and Sections 8604, 8605, 8606, and 8700 of the Family Code and Chapter 5 (commencing with Section 7660) of Part 3 of Division 12 of the Family Code specify the exclusive procedures for permanently terminating parental rights with regard to, or establishing legal guardianship of, the child while the child is a dependent child of the juvenile court.
(b)At the hearing, which shall be held in juvenile court for all children who are dependents of the juvenile court, the court, in order to provide stable, permanent homes for these children, shall review the report as specified in Section 361.5, 366.21, 366.22, or 366.25, shall indicate that the court has read and considered it, shall receive other evidence that the parties may present, and then shall make findings and orders in the following order of preference:
(1)Terminate the rights of the parent or parents and order that the child be placed for adoption and, upon the filing of a petition for adoption in the juvenile court, order that a hearing be set. The court shall proceed with the adoption after the appellate rights of the natural parents have been exhausted.
(2)Order, without termination of parental rights, the plan of tribal customary adoption, as described in Section 366.24, through tribal custom, traditions, or law of the Indian childs tribe, and upon the court affording the tribal customary adoption order full faith and credit at the continued selection and implementation hearing, order that a hearing be set pursuant to paragraph (2) of subdivision (e).
(3)Appoint a relative or relatives with whom the child is currently residing as legal guardian or guardians for the child, and order that letters of guardianship issue.
(4)On making a finding under paragraph (3) of subdivision (c), identify adoption or tribal customary adoption as the permanent placement goal and order that efforts be made to locate an appropriate adoptive family for the child within a period not to exceed 180 days.
(5)Appoint a nonrelative legal guardian for the child and order that letters of guardianship issue.
(6)Order that the child be permanently placed with a fit and willing relative, subject to the periodic review of the juvenile court under Section 366.3.
(7)Order that the child remain in foster care, subject to the conditions described in paragraph (4) of subdivision (c) and the periodic review of the juvenile court under Section 366.3.
In choosing among the above alternatives the court shall proceed pursuant to subdivision (c).
(c)(1)If the court determines, based on the assessment provided as ordered under subdivision (i) of Section 366.21, subdivision (b) of Section 366.22, or subdivision (b) of Section 366.25, and any other relevant evidence, by a clear and convincing standard, that it is likely the child will be adopted, the court shall terminate parental rights and order the child placed for adoption. The fact that the child is not yet placed in a preadoptive home nor with a relative or foster family who is prepared to adopt the child, shall not constitute a basis for the court to conclude that it is not likely the child will be adopted. A finding under subdivision (b) or paragraph (1) of subdivision (e) of Section 361.5 that reunification services shall not be offered, under subdivision (e) of Section 366.21 that the whereabouts of a parent have been unknown for six months or that the parent has failed to visit or contact the child for six months, or that the parent has been convicted of a felony indicating parental unfitness, or, under Section 366.21 or 366.22, that the court has continued to remove the child from the custody of the parent or guardian and has terminated reunification services, shall constitute a sufficient basis for termination of parental rights. Under these circumstances, the court shall terminate parental rights unless either of the following applies:
(A)The child is living with a relative who is unable or unwilling to adopt the child because of circumstances that do not include an unwillingness to accept legal or financial responsibility for the child, but who is willing and capable of providing the child with a stable and permanent environment through legal guardianship, and the removal of the child from the custody of his or her relative would be detrimental to the emotional well-being of the child. For purposes of an Indian child, relative shall include an extended family member, as defined in the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1903(2)).
(B)The court finds a compelling reason for determining that termination would be detrimental to the child due to one or more of the following circumstances:
(i)The parents have maintained regular visitation and contact with the child and the child would benefit from continuing the relationship.
(ii)A child 12 years of age or older objects to termination of parental rights.
(iii)The child is placed in a residential treatment facility, adoption is unlikely or undesirable, and continuation of parental rights will not prevent finding the child a permanent family placement if the parents cannot resume custody when residential care is no longer needed.
(iv)The child is living with a foster parent or Indian custodian who is unable or unwilling to adopt the child because of exceptional circumstances, that do not include an unwillingness to accept legal or financial responsibility for the child, but who is willing and capable of providing the child with a stable and permanent environment and the removal of the child from the physical custody of his or her foster parent or Indian custodian would be detrimental to the emotional well-being of the child. This clause does not apply to any child who is either (I) under six years of age or (II) a member of a sibling group where at least one child is under six years of age and the siblings are, or should be, permanently placed together.
(v)There would be substantial interference with a childs sibling relationship, taking into consideration the nature and extent of the relationship, including, but not limited to, whether the child was raised with a sibling in the same home, whether the child shared significant common experiences or has existing close and strong bonds with a sibling, and whether ongoing contact is in the childs best interest, including the childs long-term emotional interest, as compared to the benefit of legal permanence through adoption.
(vi)The child is an Indian child and there is a compelling reason for determining that termination of parental rights would not be in the best interest of the child, including, but not limited to:
(I)Termination of parental rights would substantially interfere with the childs connection to his or her tribal community or the childs tribal membership rights.
(II)The childs tribe has identified guardianship, foster care with a fit and willing relative, tribal customary adoption, or another planned permanent living arrangement for the child.
(III)The child is a nonminor dependent, and the nonminor and the nonminors tribe have identified tribal customary adoption for the nonminor.
(C)For purposes of subparagraph (B), in the case of tribal customary adoptions, Section 366.24 shall apply.
(D)If the court finds that termination of parental rights would be detrimental to the child pursuant to clause (i), (ii), (iii), (iv), (v), or (vi), it shall state its reasons in writing or on the record.
(2)The court shall not terminate parental rights if:
(A)At each hearing at which the court was required to consider reasonable efforts or services, the court has found that reasonable efforts were not made or that reasonable services were not offered or provided.
(B)In the case of an Indian child:
(i)At the hearing terminating parental rights, the court has found that active efforts were not made as required in Section 361.7.
(ii)The court does not make a determination at the hearing terminating parental rights, supported by evidence beyond a reasonable doubt, including testimony of one or more qualified expert witnesses as defined in Section 224.6, that the continued custody of the child by the parent is likely to result in serious emotional or physical damage to the child.
(iii)The court has ordered tribal customary adoption pursuant to Section 366.24.
(3)If the court finds that termination of parental rights would not be detrimental to the child pursuant to paragraph (1) and that the child has a probability for adoption but is difficult to place for adoption and there is no identified or available prospective adoptive parent, the court may identify adoption as the permanent placement goal and, without terminating parental rights, order that efforts be made to locate an appropriate adoptive family for the child, within the state or out of the state, within a period not to exceed 180 days. During this 180-day period, the public agency responsible for seeking adoptive parents for each child shall, to the extent possible, ask each child who is 10 years of age or older to identify any individuals, other than the childs siblings, who are important to the child, in order to identify potential adoptive parents. The public agency may ask any other child to provide that information, as appropriate. During the 180-day period, the public agency shall, to the extent possible, contact other private and public adoption agencies regarding the availability of the child for adoption. During the 180-day period, the public agency shall conduct the search for adoptive parents in the same manner as prescribed for children in Sections 8708 and 8709 of the Family Code. At the expiration of this period, another hearing shall be held and the court shall proceed pursuant to paragraph (1), (2), (3), (5), or (6) of subdivision (b). For purposes of this section, a child may only be found to be difficult to place for adoption if there is no identified or available prospective adoptive parent for the child because of the childs membership in a sibling group, or the presence of a diagnosed medical, physical, or mental handicap, or the child is seven years of age or older.
(4)(A)If the court finds that adoption of the child or termination of parental rights is not in the best interest of the child, because one of the conditions in clause (i), (ii), (iii), (iv), (v), or (vi) of subparagraph (B) of paragraph (1) or in paragraph (2) applies, the court shall order that the present caretakers or other appropriate persons shall become legal guardians of the child, or, in the case of an Indian child, consider a tribal customary adoption pursuant to Section 366.24. Legal guardianship shall be considered before continuing the child in foster care under any other permanent plan, if it is in the best interests of the child and if a suitable guardian can be found. If the child continues in foster care, the court shall make factual findings identifying any barriers to achieving adoption, tribal customary adoption in the case of an Indian child, legal guardianship, or placement with a fit and willing relative as of the date of the hearing. A child who is 10 years of age or older, shall be asked to identify any individuals, other than the childs siblings, who are important to the child, in order to identify potential guardians or, in the case of an Indian child, prospective tribal customary adoptive parents. The agency may ask any other child to provide that information, as appropriate.
(B)(i)If the child is living with an approved relative who is willing and capable of providing a stable and permanent environment, but not willing to become a legal guardian as of the hearing date, the court shall order a permanent plan of placement with a fit and willing relative, and the child shall not be removed from the home if the court finds the removal would be seriously detrimental to the emotional well-being of the child because the child has substantial psychological ties to the relative caretaker.
(ii)If the child is living with a nonrelative caregiver who is willing and capable of providing a stable and permanent environment, but not willing to become a legal guardian as of the hearing date, the court shall order that the child remain in foster care with a permanent plan of return home, adoption, legal guardianship, or placement with a fit and willing relative, as appropriate. If the child is 16 years of age or older, or a nonminor dependent, and no other permanent plan is appropriate at the time of the hearing, the court may order another planned permanent living arrangement, as described in paragraph (2) of subdivision (i) of Section 16501. Regardless of the age of the child, the child shall not be removed from the home if the court finds the removal would be seriously detrimental to the emotional well-being of the child because the child has substantial psychological ties to the caregiver.
(iii)If the child is living in a group home or, on or after January 1, 2017, a short-term residential therapeutic program, the court shall order that the child remain in foster care with a permanent plan of return home, adoption, tribal customary adoption in the case of an Indian child, legal guardianship, or placement with a fit and willing relative, as appropriate. If the child is 16 years of age or older, or a nonminor dependent, and no other permanent plan is appropriate at the time of the hearing, the court may order another planned permanent living arrangement, as described in paragraph (2) of subdivision (i) of Section 16501.
(C)The court shall also make an order for visitation with the parents or guardians unless the court finds by a preponderance of the evidence that the visitation would be detrimental to the physical or emotional well-being of the child.
(5)If the court finds that the child should not be placed for adoption, that legal guardianship shall not be established, that placement with a fit and willing relative is not appropriate as of the hearing date, and that there are no suitable foster parents except certified family homes or resource families of a foster family agency available to provide the child with a stable and permanent environment, the court may order the care, custody, and control of the child transferred from the county welfare department to a licensed foster family agency. The court shall consider the written recommendation of the county welfare director regarding the suitability of the transfer. The transfer shall be subject to further court orders.
The licensed foster family agency shall place the child in a suitable licensed or certified family home that has been certified by the agency as meeting licensing standards or with a resource family approved by the agency. The licensed foster family agency shall be responsible for supporting the child and providing appropriate services to the child, including those services ordered by the court. Responsibility for the support of the child shall not, in and of itself, create liability on the part of the foster family agency to third persons injured by the child. Those children whose care, custody, and control are transferred to a foster family agency shall not be eligible for foster care maintenance payments or child welfare services, except for emergency response services pursuant to Section 16504.
(d)The proceeding for the appointment of a guardian for a child who is a dependent of the juvenile court shall be in the juvenile court. If the court finds pursuant to this section that legal guardianship is the appropriate permanent plan, it shall appoint the legal guardian and issue letters of guardianship. The assessment prepared pursuant to subdivision (g) of Section 361.5, subdivision (i) of Section 366.21, subdivision (b) of Section 366.22, and subdivision (b) of Section 366.25 shall be read and considered by the court prior to the appointment, and this shall be reflected in the minutes of the court. The person preparing the assessment may be called and examined by any party to the proceeding.
(e)(1)The proceeding for the adoption of a child who is a dependent of the juvenile court shall be in the juvenile court if the court finds pursuant to this section that adoption is the appropriate permanent plan and the petition for adoption is filed in the juvenile court. Upon the filing of a petition for adoption, the juvenile court shall order that an adoption hearing be set. The court shall proceed with the adoption after the appellate rights of the natural parents have been exhausted. The full report required by Section 8715 of the Family Code shall be read and considered by the court prior to the adoption and this shall be reflected in the minutes of the court. The person preparing the report may be called and examined by any party to the proceeding. It is the intent of the Legislature, pursuant to this subdivision, to give potential adoptive parents the option of filing in the juvenile court the petition for the adoption of a child who is a dependent of the juvenile court. Nothing in this section is intended to prevent the filing of a petition for adoption in any other court as permitted by law, instead of in the juvenile court.
(2)In the case of an Indian child, if the Indian childs tribe has elected a permanent plan of tribal customary adoption, the court, upon receiving the tribal customary adoption order will afford the tribal customary adoption order full faith and credit to the same extent that the court would afford full faith and credit to the public acts, records, judicial proceedings, and judgments of any other entity. Upon a determination that the tribal customary adoption order may be afforded full faith and credit, consistent with Section 224.5, the court shall thereafter order a hearing to finalize the adoption be set upon the filing of the adoption petition. The prospective tribal customary adoptive parents and the child who is the subject of the tribal customary adoption petition shall appear before the court for the finalization hearing. The court shall thereafter issue an order of adoption pursuant to Section 366.24.
(3)If a child who is the subject of a finalized tribal customary adoption shows evidence of a developmental disability or mental illness as a result of conditions existing before the tribal customary adoption to the extent that the child cannot be relinquished to a licensed adoption agency on the grounds that the child is considered unadoptable, and of which condition the tribal customary adoptive parent or parents had no knowledge or notice before the entry of the tribal customary adoption order, a petition setting forth those facts may be filed by the tribal customary adoptive parent or parents with the juvenile court that granted the tribal customary adoption petition. If these facts are proved to the satisfaction of the juvenile court, it may make an order setting aside the tribal customary adoption order. The set-aside petition shall be filed within five years of the issuance of the tribal customary adoption order. The court clerk shall immediately notify the childs tribe and the department in Sacramento of the petition within 60 days after the notice of filing of the petition. The department shall file a full report with the court and shall appear before the court for the purpose of representing the child. Whenever a final decree of tribal customary adoption has been vacated or set aside, the child shall be returned to the custody of the county in which the proceeding for tribal customary adoption was finalized. The biological parent or parents of the child may petition for return of custody. The disposition of the child after the court has entered an order to set aside a tribal customary adoption shall include consultation with the childs tribe.
(f)At the beginning of any proceeding pursuant to this section, if the child or the parents are not being represented by previously retained or appointed counsel, the court shall proceed as follows:
(1)In accordance with subdivision (c) of Section 317, if a child before the court is without counsel, the court shall appoint counsel unless the court finds that the child would not benefit from the appointment of counsel. The court shall state on the record its reasons for that finding.
(2)If a parent appears without counsel and is unable to afford counsel, the court shall appoint counsel for the parent, unless this representation is knowingly and intelligently waived. The same counsel shall not be appointed to represent both the child and his or her parent. The public defender or private counsel may be appointed as counsel for the parent.
(3)Private counsel appointed under this section shall receive a reasonable sum for compensation and expenses, the amount of which shall be determined by the court. The amount shall be paid by the real parties in interest, other than the child, in any proportions the court deems just. However, if the court finds that any of the real parties in interest are unable to afford counsel, the amount shall be paid out of the general fund of the county.
(g)The court may continue the proceeding for a period of time not to exceed 30 days as necessary to appoint counsel, and to enable counsel to become acquainted with the case.
(h)(1)At all proceedings under this section, the court shall consider the wishes of the child and shall act in the best interests of the child.
(2)In accordance with Section 349, the child shall be present in court if the child or the childs counsel so requests or the court so orders. If the child is 10 years of age or older and is not present at a hearing held pursuant to this section, the court shall determine whether the minor was properly notified of his or her right to attend the hearing and inquire as to the reason why the child is not present.
(3)(A)The testimony of the child may be taken in chambers and outside the presence of the childs parent or parents, if the childs parent or parents are represented by counsel, the counsel is present, and any of the following circumstances exist:
(i)The court determines that testimony in chambers is necessary to ensure truthful testimony.
(ii)The child is likely to be intimidated by a formal courtroom setting.
(iii)The child is afraid to testify in front of his or her parent or parents.
(B)After testimony in chambers, the parent or parents of the child may elect to have the court reporter read back the testimony or have the testimony summarized by counsel for the parent or parents.
(C)The testimony of a child also may be taken in chambers and outside the presence of the guardian or guardians of a child under the circumstances specified in this subdivision.
(i)(1)Any order of the court permanently terminating parental rights under this section shall be conclusive and binding upon the child, upon the parent or parents and, upon all other persons who have been served with citation by publication or otherwise as provided in this chapter. After making the order, the juvenile court shall have no power to set aside, change, or modify it, except as provided in paragraph (2), but nothing in this section shall be construed to limit the right to appeal the order.
(2)A tribal customary adoption order evidencing that the Indian child has been the subject of a tribal customary adoption shall be afforded full faith and credit and shall have the same force and effect as an order of adoption authorized by this section. The rights and obligations of the parties as to the matters determined by the Indian childs tribe shall be binding on all parties. A court shall not order compliance with the order absent a finding that the party seeking the enforcement participated, or attempted to participate, in good faith, in family mediation services of the court or dispute resolution through the tribe regarding the conflict, prior to the filing of the enforcement action.
(3)A child who has not been adopted after the passage of at least three years from the date the court terminated parental rights and for whom the court has determined that adoption is no longer the permanent plan may petition the juvenile court to reinstate parental rights pursuant to the procedure prescribed by Section 388. The child may file the petition prior to the expiration of this three-year period if the State Department of Social Services, county adoption agency, or licensed adoption agency that is responsible for custody and supervision of the child as described in subdivision (j) and the child stipulate that the child is no longer likely to be adopted. A child over 12 years of age shall sign the petition in the absence of a showing of good cause as to why the child could not do so. If it appears that the best interests of the child may be promoted by reinstatement of parental rights, the court shall order that a hearing be held and shall give prior notice, or cause prior notice to be given, to the social worker or probation officer and to the childs attorney of record, or, if there is no attorney of record for the child, to the child, and the childs tribe, if applicable, by means prescribed by subdivision (c) of Section 297. The court shall order the child or the social worker or probation officer to give prior notice of the hearing to the childs former parent or parents whose parental rights were terminated in the manner prescribed by subdivision (f) of Section 294 where the recommendation is adoption. The juvenile court shall grant the petition if it finds by clear and convincing evidence that the child is no longer likely to be adopted and that reinstatement of parental rights is in the childs best interest. If the court reinstates parental rights over a child who is under 12 years of age and for whom the new permanent plan will not be reunification with a parent or legal guardian, the court shall specify the factual basis for its findings that it is in the best interest of the child to reinstate parental rights. This subdivision is intended to be retroactive and applies to any child who is under the jurisdiction of the juvenile court at the time of the hearing regardless of the date parental rights were terminated.
(j)If the court, by order or judgment, declares the child free from the custody and control of both parents, or one parent if the other does not have custody and control, or declares the child eligible for tribal customary adoption, the court shall at the same time order the child referred to the State Department of Social Services, county adoption agency, or licensed adoption agency for adoptive placement by the agency. However, except in the case of a tribal customary adoption where there is no termination of parental rights, a petition for adoption may not be granted until the appellate rights of the natural parents have been exhausted. The State Department of Social Services, county adoption agency, or licensed adoption agency shall be responsible for the custody and supervision of the child and shall be entitled to the exclusive care and control of the child at all times until a petition for adoption or tribal customary adoption is granted, except as specified in subdivision (n). With the consent of the agency, the court may appoint a guardian of the child, who shall serve until the child is adopted.
(k)(1)Notwithstanding any other law, the application of any person who, as a relative caretaker or foster parent, has cared for a dependent child for whom the court has approved a permanent plan for adoption, or who has been freed for adoption, shall be given preference with respect to that child over all other applications for adoptive placement if the agency making the placement determines that the child has substantial emotional ties to the relative caretaker or foster parent and removal from the relative caretaker or foster parent would be seriously detrimental to the childs emotional well-being.
(2)As used in this subdivision, preference means that the application shall be processed and, if satisfactory, the family study shall be completed before the processing of the application of any other person for the adoptive placement of the child.
(l)(1)An order by the court that a hearing pursuant to this section be held is not appealable at any time unless all of the following apply:
(A)A petition for extraordinary writ review was filed in a timely manner.
(B)The petition substantively addressed the specific issues to be challenged and supported that challenge by an adequate record.
(C)The petition for extraordinary writ review was summarily denied or otherwise not decided on the merits.
(2)Failure to file a petition for extraordinary writ review within the period specified by rule, to substantively address the specific issues challenged, or to support that challenge by an adequate record shall preclude subsequent review by appeal of the findings and orders made pursuant to this section.
(3)The Judicial Council shall adopt rules of court, effective January 1, 1995, to ensure all of the following:
(A)A trial court, after issuance of an order directing a hearing pursuant to this section be held, shall advise all parties of the requirement of filing a petition for extraordinary writ review as set forth in this subdivision in order to preserve any right to appeal in these issues.
(i)If a party is present at the time of the making of the order, the notice shall be made orally to the party.
(ii)If the party is not present at the time of making the order, the notice shall be made by the clerk of the court by first-class mail to the last known address of a party or by electronic service pursuant to Section 212.5. If the notice is for a hearing at which the social worker will recommend the termination of parental rights, the notice may be electronically served pursuant to Section 212.5, but only in addition to service of the notice by first-class mail.
(B)The prompt transmittal of the records from the trial court to the appellate court.
(C)That adequate time requirements for counsel and court personnel exist to implement the objective of this subdivision.
(D)That the parent or guardian, or their trial counsel or other counsel, is charged with the responsibility of filing a petition for extraordinary writ relief pursuant to this subdivision.
(4)The intent of this subdivision is to do both of the following:
(A)Make every reasonable attempt to achieve a substantive and meritorious review by the appellate court within the time specified in Sections 366.21, 366.22, and 366.25 for holding a hearing pursuant to this section.
(B)Encourage the appellate court to determine all writ petitions filed pursuant to this subdivision on their merits.
(5)This subdivision shall only apply to cases in which an order to set a hearing pursuant to this section is issued on or after January 1, 1995.
(m)Except for subdivision (j), this section shall also apply to minors adjudged wards pursuant to Section 727.31.
(n)(1)Notwithstanding Section 8704 of the Family Code or any other law, the court, at a hearing held pursuant to this section or anytime thereafter, may designate a current caretaker as a prospective adoptive parent if the child has lived with the caretaker for at least six months, the caretaker currently expresses a commitment to adopt the child, and the caretaker has taken at least one step to facilitate the adoption process. In determining whether to make that designation, the court may take into consideration whether the caretaker is listed in the preliminary assessment prepared by the county department in accordance with subdivision (i) of Section 366.21 as an appropriate person to be considered as an adoptive parent for the child and the recommendation of the State Department of Social Services, county adoption agency, or licensed adoption agency.
(2)For purposes of this subdivision, steps to facilitate the adoption process include, but are not limited to, the following:
(A)Applying for an adoption homestudy.
(B)Cooperating with an adoption homestudy.
(C)Being designated by the court or the adoption agency as the adoptive family.
(D)Requesting de facto parent status.
(E)Signing an adoptive placement agreement.
(F)Engaging in discussions regarding a postadoption contact agreement.
(G)Working to overcome any impediments that have been identified by the State Department of Social Services, county adoption agency, or licensed adoption agency.
(H)Attending classes required of prospective adoptive parents.
(3)Prior to a change in placement and as soon as possible after a decision is made to remove a child from the home of a designated prospective adoptive parent, the agency shall notify the court, the designated prospective adoptive parent or the current caretaker, if that caretaker would have met the threshold criteria to be designated as a prospective adoptive parent pursuant to paragraph (1) on the date of service of this notice, the childs attorney, and the child, if the child is 10 years of age or older, of the proposal in the manner described in Section 16010.6.
(A)Within five court days or seven calendar days, whichever is longer, of the date of notification, the child, the childs attorney, or the designated prospective adoptive parent may file a petition with the court objecting to the proposal to remove the child, or the court, upon its own motion, may set a hearing regarding the proposal. The court may, for good cause, extend the filing period. A caretaker who would have met the threshold criteria to be designated as a prospective adoptive parent pursuant to paragraph (1) on the date of service of the notice of proposed removal of the child may file, together with the petition under this subparagraph, a petition for an order designating the caretaker as a prospective adoptive parent for purposes of this subdivision.
(B)A hearing ordered pursuant to this paragraph shall be held as soon as possible and not later than five court days after the petition is filed with the court or the court sets a hearing upon its own motion, unless the court for good cause is unable to set the matter for hearing five court days after the petition is filed, in which case the court shall set the matter for hearing as soon as possible. At the hearing, the court shall determine whether the caretaker has met the threshold criteria to be designated as a prospective adoptive parent pursuant to paragraph (1), and whether the proposed removal of the child from the home of the designated prospective adoptive parent is in the childs best interest, and the child may not be removed from the home of the designated prospective adoptive parent unless the court finds that removal is in the childs best interest. If the court determines that the caretaker did not meet the threshold criteria to be designated as a prospective adoptive parent on the date of service of the notice of proposed removal of the child, the petition objecting to the proposed removal filed by the caretaker shall be dismissed. If the caretaker was designated as a prospective adoptive parent prior to this hearing, the court shall inquire into any progress made by the caretaker towards the adoption of the child since the caretaker was designated as a prospective adoptive parent.
(C)A determination by the court that the caretaker is a designated prospective adoptive parent pursuant to paragraph (1) or subparagraph (B) does not make the caretaker a party to the dependency proceeding nor does it confer on the caretaker any standing to object to any other action of the department, county adoption agency, or licensed adoption agency, unless the caretaker has been declared a de facto parent by the court prior to the notice of removal served pursuant to paragraph (3).
(D)If a petition objecting to the proposal to remove the child is not filed, and the court, upon its own motion, does not set a hearing, the child may be removed from the home of the designated prospective adoptive parent without a hearing.
(4)Notwithstanding paragraph (3), if the State Department of Social Services, county adoption agency, or licensed adoption agency determines that the child must be removed from the home of the caretaker who is or may be a designated prospective adoptive parent immediately, due to a risk of physical or emotional harm, the agency may remove the child from that home and is not required to provide notice prior to the removal. However, as soon as possible and not longer than two court days after the removal, the agency shall notify the court, the caretaker who is or may be a designated prospective adoptive parent, the childs attorney, and the child, if the child is 10 years of age or older, of the removal. Within five court days or seven calendar days, whichever is longer, of the date of notification of the removal, the child, the childs attorney, or the caretaker who is or may be a designated prospective adoptive parent may petition for, or the court on its own motion may set, a noticed hearing pursuant to paragraph (3). The court may, for good cause, extend the filing period.
(5)Except as provided in subdivision (b) of Section 366.28, an order by the court issued after a hearing pursuant to this subdivision shall not be appealable.
(6)Nothing in this section shall preclude a county child protective services agency from fully investigating and responding to alleged abuse or neglect of a child pursuant to Section 11165.5 of the Penal Code.
(7)The Judicial Council shall prepare forms to facilitate the filing of the petitions described in this subdivision, which shall become effective on January 1, 2006.
SEC. 134.5.Section 366.26 of the Welfare and Institutions Code is amended to read:366.26.(a)This section applies to children who are adjudged dependent children of the juvenile court pursuant to subdivision (d) of Section 360. The procedures specified herein in this section are the exclusive procedures for conducting these hearings; hearings. The procedures in Part 2 (commencing with Section 3020) of Division 8 of the Family Code is are not applicable to these proceedings. Section 8616.5 of the Family Code is applicable and available to all dependent children meeting the requirements of that section, if the postadoption contact agreement has been entered into voluntarily. For children who are adjudged dependent children of the juvenile court pursuant to subdivision (d) of Section 360, this section, and Sections 8604, 8605, 8606, and 8700 of the Family Code and Chapter 5 (commencing with Section 7660) of Part 3 of Division 12 of the Family Code specify the exclusive procedures for permanently terminating parental rights with regard to, or establishing legal guardianship of, the child while the child is a dependent child of the juvenile court.
(b)At the hearing, which shall be held in juvenile court for all children who are dependents of the juvenile court, the court, in order to provide stable, permanent homes for these children, shall review the report as specified in Section 361.5, 366.21, 366.22, or 366.25, shall indicate that the court has read and considered it, shall receive other evidence that the parties may present, and then shall make findings and orders in the following order of preference:
(1)Terminate the rights of the parent or parents and order that the child be placed for adoption and, upon the filing of a petition for adoption in the juvenile court, order that a hearing be set. The court shall proceed with the adoption after the appellate rights of the natural parents have been exhausted.
(2)Order, without termination of parental rights, the plan of tribal customary adoption, as described in Section 366.24, through tribal custom, traditions, or law of the Indian childs tribe, and upon the court affording the tribal customary adoption order full faith and credit at the continued selection and implementation hearing, order that a hearing be set pursuant to paragraph (2) of subdivision (e).
(3)Appoint a relative or relatives with whom the child is currently residing as legal guardian or guardians for the child, and order that letters of guardianship issue.
(4)On making a finding under paragraph (3) of subdivision (c), identify adoption or tribal customary adoption as the permanent placement goal and order that efforts be made to locate an appropriate adoptive family for the child within a period not to exceed 180 days.
(5)Appoint a nonrelative legal guardian for the child and order that letters of guardianship issue.
(6)Order that the child be permanently placed with a fit and willing relative, subject to the periodic review of the juvenile court under Section 366.3.
(7)Order that the child remain in foster care, subject to the conditions described in paragraph (4) of subdivision (c) and the periodic review of the juvenile court under Section 366.3.
In choosing among the above alternatives alternatives in this subdivision, the court shall proceed pursuant to subdivision (c).
(c)(1)If the court determines, based on the assessment provided as ordered under subdivision (i) of Section 366.21, subdivision (b) of Section 366.22, or subdivision (b) of Section 366.25, and any other relevant evidence, by a clear and convincing standard, that it is likely the child will be adopted, the court shall terminate parental rights and order the child placed for adoption. The fact that the child is not yet placed in a preadoptive home nor with a relative or foster family who is prepared to adopt the child, shall not constitute a basis for the court to conclude that it is not likely the child will be adopted. A finding under subdivision (b) or paragraph (1) of subdivision (e) of Section 361.5 that reunification services shall not be offered, under subdivision (e) of Section 366.21 that the whereabouts of a parent have been unknown for six months or that the parent has failed to visit or contact the child for six months, or that the parent has been convicted of a felony indicating parental unfitness, or, under Section 366.21 or 366.22, that the court has continued to remove the child from the custody of the parent or guardian and has terminated reunification services, shall constitute a sufficient basis for termination of parental rights. Under these circumstances, the court shall terminate parental rights unless either of the following applies:
(A)The child is living with a relative who is unable or unwilling to adopt the child because of circumstances that do not include an unwillingness to accept legal or financial responsibility for the child, but who is willing and capable of providing the child with a stable and permanent environment through legal guardianship, and the removal of the child from the custody of his or her relative would be detrimental to the emotional well-being of the child. For purposes of an Indian child, relative shall include an extended family member, as defined in the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1903(2)).
(B)The court finds a compelling reason for determining that termination would be detrimental to the child due to one or more of the following circumstances:
(i)The parents have maintained regular visitation and contact with the child and the child would benefit from continuing the relationship.
(ii)A child 12 years of age or older objects to termination of parental rights.
(iii)The child is placed in a residential treatment facility, adoption is unlikely or undesirable, and continuation of parental rights will not prevent finding the child a permanent family placement if the parents cannot resume custody when residential care is no longer needed.
(iv)The child is living with a foster parent or Indian custodian who is unable or unwilling to adopt the child because of exceptional circumstances, that do not include an unwillingness to accept legal or financial responsibility for the child, but who is willing and capable of providing the child with a stable and permanent environment and the removal of the child from the physical custody of his or her foster parent or Indian custodian would be detrimental to the emotional well-being of the child. This clause does not apply to any child who is either (I) under six years of age or (II) a member of a sibling group where at least one child is under six years of age and the siblings are, or should be, permanently placed together.
(v)There would be substantial interference with a childs sibling relationship, taking into consideration the nature and extent of the relationship, including, but not limited to, whether the child was raised with a sibling in the same home, whether the child shared significant common experiences or has existing close and strong bonds with a sibling, and whether ongoing contact is in the childs best interest, including the childs long-term emotional interest, as compared to the benefit of legal permanence through adoption.
(vi)The child is an Indian child and there is a compelling reason for determining that termination of parental rights would not be in the best interest of the child, including, but not limited to:
(I)Termination of parental rights would substantially interfere with the childs connection to his or her tribal community or the childs tribal membership rights.
(II)The childs tribe has identified guardianship, foster care with a fit and willing relative, tribal customary adoption, or another planned permanent living arrangement for the child.
(III)The child is a nonminor dependent, and the nonminor and the nonminors tribe have identified tribal customary adoption for the nonminor.
(C)For purposes of subparagraph (B), in the case of tribal customary adoptions, Section 366.24 shall apply.
(D)If the court finds that termination of parental rights would be detrimental to the child pursuant to clause (i), (ii), (iii), (iv), (v), or (vi), it shall state its reasons in writing or on the record.
(2)The court shall not terminate parental rights if:
(A)At each hearing at which the court was required to consider reasonable efforts or services, the court has found that reasonable efforts were not made or that reasonable services were not offered or provided.
(B)In the case of an Indian child:
(i)At the hearing terminating parental rights, the court has found that active efforts were not made as required in Section 361.7.
(ii)The court does not make a determination at the hearing terminating parental rights, supported by evidence beyond a reasonable doubt, including testimony of one or more qualified expert witnesses as defined in Section 224.6, that the continued custody of the child by the parent is likely to result in serious emotional or physical damage to the child.
(iii)The court has ordered tribal customary adoption pursuant to Section 366.24.
(3)If the court finds that termination of parental rights would not be detrimental to the child pursuant to paragraph (1) and that the child has a probability for adoption but is difficult to place for adoption and there is no identified or available prospective adoptive parent, the court may identify adoption as the permanent placement goal and, without terminating parental rights, order that efforts be made to locate an appropriate adoptive family for the child, within the state or out of the state, within a period not to exceed 180 days. During this 180-day period, the public agency responsible for seeking adoptive parents for each child shall, to the extent possible, ask each child who is 10 years of age or older to identify any individuals, other than the childs siblings, who are important to the child, in order to identify potential adoptive parents. The public agency may ask any other child to provide that information, as appropriate. During the 180-day period, the public agency shall, to the extent possible, contact other private and public adoption agencies regarding the availability of the child for adoption. During the 180-day period, the public agency shall conduct the search for adoptive parents in the same manner as prescribed for children in Sections 8708 and 8709 of the Family Code. At the expiration of this period, another hearing shall be held and the court shall proceed pursuant to paragraph (1), (2), (3), (5), or (6) of subdivision (b). For purposes of this section, a child may only be found to be difficult to place for adoption if there is no identified or available prospective adoptive parent for the child because of the childs membership in a sibling group, or the presence of a diagnosed medical, physical, or mental handicap, or the child is seven years of age or older.
(4)(A)If the court finds that adoption of the child or termination of parental rights is not in the best interest of the child, because one of the conditions in clause (i), (ii), (iii), (iv), (v), or (vi) of subparagraph (B) of paragraph (1) or in paragraph (2) applies, the court shall order that the present caretakers or other appropriate persons shall become legal guardians of the child, or, in the case of an Indian child, consider a tribal customary adoption pursuant to Section 366.24. Legal guardianship shall be considered before continuing the child in foster care under any other permanent plan, if it is in the best interests of the child and if a suitable guardian can be found. If the child continues in foster care, the court shall make factual findings identifying any barriers to achieving adoption, tribal customary adoption in the case of an Indian child, legal guardianship, or placement with a fit and willing relative as of the date of the hearing. A child who is 10 years of age or older, shall be asked to identify any individuals, other than the childs siblings, who are important to the child, in order to identify potential guardians or, in the case of an Indian child, prospective tribal customary adoptive parents. The agency may ask any other child to provide that information, as appropriate.
(B)(i)If the child is living with an approved relative who is willing and capable of providing a stable and permanent environment, but not willing to become a legal guardian as of the hearing date, the court shall order a permanent plan of placement with a fit and willing relative, and the child shall not be removed from the home if the court finds the removal would be seriously detrimental to the emotional well-being of the child because the child has substantial psychological ties to the relative caretaker.
(ii)If the child is living with a nonrelative caregiver who is willing and capable of providing a stable and permanent environment, but not willing to become a legal guardian as of the hearing date, the court shall order that the child remain in foster care with a permanent plan of return home, adoption, legal guardianship, or placement with a fit and willing relative, as appropriate. If the child is 16 years of age or older, or a nonminor dependent, and no other permanent plan is appropriate at the time of the hearing, the court may order another planned permanent living arrangement, as described in paragraph (2) of subdivision (i) of Section 16501. Regardless of the age of the child, the child shall not be removed from the home if the court finds the removal would be seriously detrimental to the emotional well-being of the child because the child has substantial psychological ties to the caregiver.
(iii)If the child is living in a group home or, on or after January 1, 2017, a short-term residential therapeutic program, the court shall order that the child remain in foster care with a permanent plan of return home, adoption, tribal customary adoption in the case of an Indian child, legal guardianship, or placement with a fit and willing relative, as appropriate. If the child is 16 years of age or older, or a nonminor dependent, and no other permanent plan is appropriate at the time of the hearing, the court may order another planned permanent living arrangement, as described in paragraph (2) of subdivision (i) of Section 16501.
(C)The court shall also make an order for visitation with the parents or guardians unless the court finds by a preponderance of the evidence that the visitation would be detrimental to the physical or emotional well-being of the child.
(5)If the court finds that the child should not be placed for adoption, that legal guardianship shall not be established, that placement with a fit and willing relative is not appropriate as of the hearing date, and that there are no suitable foster parents except certified family homes or resource families of a foster family agency available to provide the child with a stable and permanent environment, the court may order the care, custody, and control of the child transferred from the county welfare department to a licensed foster family agency. The court shall consider the written recommendation of the county welfare director regarding the suitability of the transfer. The transfer shall be subject to further court orders.
The licensed foster family agency shall place the child in a suitable licensed or certified family home that has been certified by the agency as meeting licensing standards or with a resource family approved by the agency. The licensed foster family agency shall be responsible for supporting the child and providing appropriate services to the child, including those services ordered by the court. Responsibility for the support of the child shall not, in and of itself, create liability on the part of the foster family agency to third persons injured by the child. Those children whose care, custody, and control are transferred to a foster family agency shall not be eligible for foster care maintenance payments or child welfare services, except for emergency response services pursuant to Section 16504.
(d)The proceeding for the appointment of a guardian for a child who is a dependent of the juvenile court shall be conducted in the juvenile court. If the court finds pursuant to this section that legal guardianship is the appropriate permanent plan, it shall appoint the legal guardian and issue letters of guardianship. The assessment prepared pursuant to subdivision (g) of Section 361.5, subdivision (i) of Section 366.21, subdivision (b) (c) of Section 366.22, and subdivision (b) of Section 366.25 shall be read and considered by the court prior to the appointment, and this shall be reflected in the minutes of the court. The assessment may also include the naming of a prospective successor guardian, if one is identified. In the event of the incapacity or death of the appointed guardian, the named successor guardian may be assessed and appointed pursuant to this section. The person preparing the assessment may be called and examined by any party to the proceeding.
(e)(1)The proceeding for the adoption of a child who is a dependent of the juvenile court shall be conducted in the juvenile court if the court finds pursuant to this section that adoption is the appropriate permanent plan and the petition for adoption is filed in the juvenile court. Upon the filing of a petition for adoption, the juvenile court shall order that an adoption hearing be set. The court shall proceed with the adoption after the appellate rights of the natural parents have been exhausted. The full report required by Section 8715 of the Family Code shall be read and considered by the court prior to the adoption and this shall be reflected in the minutes of the court. The person preparing the report may be called and examined by any party to the proceeding. It is the intent of the Legislature, pursuant to this subdivision, to give potential adoptive parents the option of filing in the juvenile court the petition for the adoption of a child who is a dependent of the juvenile court. Nothing in this section is intended to prevent the filing of a petition for adoption in any other court as permitted by law, instead of in the juvenile court.
(2)In the case of an Indian child, if the Indian childs tribe has elected a permanent plan of tribal customary adoption, the court, upon receiving the tribal customary adoption order will afford the tribal customary adoption order full faith and credit to the same extent that the court would afford full faith and credit to the public acts, records, judicial proceedings, and judgments of any other entity. Upon a determination that the tribal customary adoption order may be afforded full faith and credit, consistent with Section 224.5, the court shall thereafter order a hearing to finalize the adoption be set upon the filing of the adoption petition. The prospective tribal customary adoptive parents and the child who is the subject of the tribal customary adoption petition shall appear before the court for the finalization hearing. The court shall thereafter issue an order of adoption pursuant to Section 366.24.
(3)If a child who is the subject of a finalized tribal customary adoption shows evidence of a developmental disability or mental illness as a result of conditions existing before the tribal customary adoption to the extent that the child cannot be relinquished to a licensed adoption agency on the grounds that the child is considered unadoptable, and of which condition the tribal customary adoptive parent or parents had no knowledge or notice before the entry of the tribal customary adoption order, a petition setting forth those facts may be filed by the tribal customary adoptive parent or parents with the juvenile court that granted the tribal customary adoption petition. If these facts are proved to the satisfaction of the juvenile court, it may make an order setting aside the tribal customary adoption order. The set-aside petition shall be filed within five years of the issuance of the tribal customary adoption order. The court clerk shall immediately notify the childs tribe and the department in Sacramento of the petition within 60 days after the notice of filing of the petition. The department shall file a full report with the court and shall appear before the court for the purpose of representing the child. Whenever a final decree of tribal customary adoption has been vacated or set aside, the child shall be returned to the custody of the county in which the proceeding for tribal customary adoption was finalized. The biological parent or parents of the child may petition for return of custody. The disposition of the child after the court has entered an order to set aside a tribal customary adoption shall include consultation with the childs tribe.
(f)At the beginning of any proceeding pursuant to this section, if the child or the parents are not being represented by previously retained or appointed counsel, the court shall proceed as follows:
(1)In accordance with subdivision (c) of Section 317, if a child before the court is without counsel, the court shall appoint counsel unless the court finds that the child would not benefit from the appointment of counsel. The court shall state on the record its reasons for that finding.
(2)If a parent appears without counsel and is unable to afford counsel, the court shall appoint counsel for the parent, unless this representation is knowingly and intelligently waived. The same counsel shall not be appointed to represent both the child and his or her parent. The public defender or private counsel may be appointed as counsel for the parent.
(3)Private counsel appointed under this section shall receive a reasonable sum for compensation and expenses, the amount of which shall be determined by the court. The amount shall be paid by the real parties in interest, other than the child, in any proportions the court deems just. However, if the court finds that any of the real parties in interest are unable to afford counsel, the amount shall be paid out of the general fund of the county.
(g)The court may continue the proceeding for a period of time not to exceed 30 days as necessary to appoint counsel, and to enable counsel to become acquainted with the case.
(h)(1)At all proceedings under this section, the court shall consider the wishes of the child and shall act in the best interests of the child.
(2)In accordance with Section 349, the child shall be present in court if the child or the childs counsel so requests or the court so orders. If the child is 10 years of age or older and is not present at a hearing held pursuant to this section, the court shall determine whether the minor was properly notified of his or her right to attend the hearing and inquire as to the reason why the child is not present.
(3)(A)The testimony of the child may be taken in chambers and outside the presence of the childs parent or parents, if the childs parent or parents are represented by counsel, the counsel is present, and any of the following circumstances exist:
(i)The court determines that testimony in chambers is necessary to ensure truthful testimony.
(ii)The child is likely to be intimidated by a formal courtroom setting.
(iii)The child is afraid to testify in front of his or her parent or parents.
(B)After testimony in chambers, the parent or parents of the child may elect to have the court reporter read back the testimony or have the testimony summarized by counsel for the parent or parents.
(C)The testimony of a child also may be taken in chambers and outside the presence of the guardian or guardians of a child under the circumstances specified in this subdivision.
(i)(1)Any order of the court permanently terminating parental rights under this section shall be conclusive and binding upon the child, upon the parent or parents and, upon all other persons who have been served with citation by publication or otherwise as provided in this chapter. After making the order, the juvenile court shall have no power to set aside, change, or modify it, except as provided in paragraph (2), but nothing in this section shall be construed to limit the right to appeal the order.
(2)A tribal customary adoption order evidencing that the Indian child has been the subject of a tribal customary adoption shall be afforded full faith and credit and shall have the same force and effect as an order of adoption authorized by this section. The rights and obligations of the parties as to the matters determined by the Indian childs tribe shall be binding on all parties. A court shall not order compliance with the order absent a finding that the party seeking the enforcement participated, or attempted to participate, in good faith, in family mediation services of the court or dispute resolution through the tribe regarding the conflict, prior to the filing of the enforcement action.
(3)A child who has not been adopted after the passage of at least three years from the date the court terminated parental rights and for whom the court has determined that adoption is no longer the permanent plan may petition the juvenile court to reinstate parental rights pursuant to the procedure prescribed by Section 388. The child may file the petition prior to the expiration of this three-year period if the State Department of Social Services, county adoption agency, or licensed adoption agency that is responsible for custody and supervision of the child as described in subdivision (j) and the child stipulate that the child is no longer likely to be adopted. A child over 12 years of age shall sign the petition in the absence of a showing of good cause as to why the child could not do so. If it appears that the best interests of the child may be promoted by reinstatement of parental rights, the court shall order that a hearing be held and shall give prior notice, or cause prior notice to be given, to the social worker or probation officer and to the childs attorney of record, or, if there is no attorney of record for the child, to the child, and the childs tribe, if applicable, by means prescribed by subdivision (c) of Section 297. The court shall order the child or the social worker or probation officer to give prior notice of the hearing to the childs former parent or parents whose parental rights were terminated in the manner prescribed by subdivision (f) of Section 294 where the recommendation is adoption. The juvenile court shall grant the petition if it finds by clear and convincing evidence that the child is no longer likely to be adopted and that reinstatement of parental rights is in the childs best interest. If the court reinstates parental rights over a child who is under 12 years of age and for whom the new permanent plan will not be reunification with a parent or legal guardian, the court shall specify the factual basis for its findings that it is in the best interest of the child to reinstate parental rights. This subdivision is intended to be retroactive and applies to any child who is under the jurisdiction of the juvenile court at the time of the hearing regardless of the date parental rights were terminated.
(j)If the court, by order or judgment, declares the child free from the custody and control of both parents, or one parent if the other does not have custody and control, or declares the child eligible for tribal customary adoption, the court shall at the same time order the child referred to the State Department of Social Services, county adoption agency, or licensed adoption agency for adoptive placement by the agency. However, except in the case of a tribal customary adoption where there is no termination of parental rights, a petition for adoption may not be granted until the appellate rights of the natural parents have been exhausted. The State Department of Social Services, county adoption agency, or licensed adoption agency shall be responsible for the custody and supervision of the child and shall be entitled to the exclusive care and control of the child at all times until a petition for adoption or tribal customary adoption is granted, except as specified in subdivision (n). With the consent of the agency, the court may appoint a guardian of the child, who shall serve until the child is adopted.
(k)(1)Notwithstanding any other law, the application of any person who, as a relative caretaker or foster parent, has cared for a dependent child for whom the court has approved a permanent plan for adoption, or who has been freed for adoption, shall be given preference with respect to that child over all other applications for adoptive placement if the agency making the placement determines that the child has substantial emotional ties to the relative caretaker or foster parent and removal from the relative caretaker or foster parent would be seriously detrimental to the childs emotional well-being.
As
(2)As used in this subdivision, preference means that the application shall be processed and, if satisfactory, the family study shall be completed before the processing of the application of any other person for the adoptive placement of the child.
(l)(1)An order by the court that a hearing pursuant to this section be held is not appealable at any time unless all of the following apply:
(A)A petition for extraordinary writ review was filed in a timely manner.
(B)The petition substantively addressed the specific issues to be challenged and supported that challenge by an adequate record.
(C)The petition for extraordinary writ review was summarily denied or otherwise not decided on the merits.
(2)Failure to file a petition for extraordinary writ review within the period specified by rule, to substantively address the specific issues challenged, or to support that challenge by an adequate record shall preclude subsequent review by appeal of the findings and orders made pursuant to this section.
(3)The Judicial Council shall adopt rules of court, effective January 1, 1995, to ensure all of the following:
(A)A trial court, after issuance of an order directing a hearing pursuant to this section be held, shall advise all parties of the requirement of filing a petition for extraordinary writ review as set forth in this subdivision in order to preserve any right to appeal in these issues. This notice shall be made orally to a party if the party is present at the time of the making of the order or by first-class mail by the clerk of the court to the last known address of a party not present at the time of the making of the order.
(i)If a party is present at the time of the making of the order, the notice shall be made orally to the party.
(ii)If the party is not present at the time of making the order, the notice shall be made by the clerk of the court by first-class mail to the last known address of a party or by electronic service pursuant to Section 212.5. If the notice is for a hearing at which the social worker will recommend the termination of parental rights, the notice may be electronically served pursuant to Section 212.5, but only in addition to service of the notice by first-class mail.
(B)The prompt transmittal of the records from the trial court to the appellate court.
(C)That adequate time requirements for counsel and court personnel exist to implement the objective of this subdivision.
(D)That the parent or guardian, or their trial counsel or other counsel, is charged with the responsibility of filing a petition for extraordinary writ relief pursuant to this subdivision.
(4)The intent of this subdivision is to do both of the following:
(A)Make every reasonable attempt to achieve a substantive and meritorious review by the appellate court within the time specified in Sections 366.21, 366.22, and 366.25 for holding a hearing pursuant to this section.
(B)Encourage the appellate court to determine all writ petitions filed pursuant to this subdivision on their merits.
(5)This subdivision shall only apply to cases in which an order to set a hearing pursuant to this section is issued on or after January 1, 1995.
(m)Except for subdivision (j), this section shall also apply to minors adjudged wards pursuant to Section 727.31.
(n)(1)Notwithstanding Section 8704 of the Family Code or any other law, the court, at a hearing held pursuant to this section or anytime thereafter, may designate a current caretaker as a prospective adoptive parent if the child has lived with the caretaker for at least six months, the caretaker currently expresses a commitment to adopt the child, and the caretaker has taken at least one step to facilitate the adoption process. In determining whether to make that designation, the court may take into consideration whether the caretaker is listed in the preliminary assessment prepared by the county department in accordance with subdivision (i) of Section 366.21 as an appropriate person to be considered as an adoptive parent for the child and the recommendation of the State Department of Social Services, county adoption agency, or licensed adoption agency.
(2)For purposes of this subdivision, steps to facilitate the adoption process include, but are not limited to, the following:
(A)Applying for an adoption homestudy.
(B)Cooperating with an adoption homestudy.
(C)Being designated by the court or the adoption agency as the adoptive family.
(D)Requesting de facto parent status.
(E)Signing an adoptive placement agreement.
(F)Engaging in discussions regarding a postadoption contact agreement.
(G)Working to overcome any impediments that have been identified by the State Department of Social Services, county adoption agency, or licensed adoption agency.
(H)Attending classes required of prospective adoptive parents.
(3)Prior to a change in placement and as soon as possible after a decision is made to remove a child from the home of a designated prospective adoptive parent, the agency shall notify the court, the designated prospective adoptive parent or the current caretaker, if that caretaker would have met the threshold criteria to be designated as a prospective adoptive parent pursuant to paragraph (1) on the date of service of this notice, the childs attorney, and the child, if the child is 10 years of age or older, of the proposal in the manner described in Section 16010.6.
(A)Within five court days or seven calendar days, whichever is longer, of the date of notification, the child, the childs attorney, or the designated prospective adoptive parent may file a petition with the court objecting to the proposal to remove the child, or the court, upon its own motion, may set a hearing regarding the proposal. The court may, for good cause, extend the filing period. A caretaker who would have met the threshold criteria to be designated as a prospective adoptive parent pursuant to paragraph (1) on the date of service of the notice of proposed removal of the child may file, together with the petition under this subparagraph, a petition for an order designating the caretaker as a prospective adoptive parent for purposes of this subdivision.
(B)A hearing ordered pursuant to this paragraph shall be held as soon as possible and not later than five court days after the petition is filed with the court or the court sets a hearing upon its own motion, unless the court for good cause is unable to set the matter for hearing five court days after the petition is filed, in which case the court shall set the matter for hearing as soon as possible. At the hearing, the court shall determine whether the caretaker has met the threshold criteria to be designated as a prospective adoptive parent pursuant to paragraph (1), and whether the proposed removal of the child from the home of the designated prospective adoptive parent is in the childs best interest, and the child may not be removed from the home of the designated prospective adoptive parent unless the court finds that removal is in the childs best interest. If the court determines that the caretaker did not meet the threshold criteria to be designated as a prospective adoptive parent on the date of service of the notice of proposed removal of the child, the petition objecting to the proposed removal filed by the caretaker shall be dismissed. If the caretaker was designated as a prospective adoptive parent prior to this hearing, the court shall inquire into any progress made by the caretaker towards the adoption of the child since the caretaker was designated as a prospective adoptive parent.
(C)A determination by the court that the caretaker is a designated prospective adoptive parent pursuant to paragraph (1) or subparagraph (B) does not make the caretaker a party to the dependency proceeding nor does it confer on the caretaker any standing to object to any other action of the department, county adoption agency, or licensed adoption agency, unless the caretaker has been declared a de facto parent by the court prior to the notice of removal served pursuant to paragraph (3).
(D)If a petition objecting to the proposal to remove the child is not filed, and the court, upon its own motion, does not set a hearing, the child may be removed from the home of the designated prospective adoptive parent without a hearing.
(4)Notwithstanding paragraph (3), if the State Department of Social Services, county adoption agency, or licensed adoption agency determines that the child must be removed from the home of the caretaker who is or may be a designated prospective adoptive parent immediately, due to a risk of physical or emotional harm, the agency may remove the child from that home and is not required to provide notice prior to the removal. However, as soon as possible and not longer than two court days after the removal, the agency shall notify the court, the caretaker who is or may be a designated prospective adoptive parent, the childs attorney, and the child, if the child is 10 years of age or older, of the removal. Within five court days or seven calendar days, whichever is longer, of the date of notification of the removal, the child, the childs attorney, or the caretaker who is or may be a designated prospective adoptive parent may petition for, or the court on its own motion may set, a noticed hearing pursuant to paragraph (3). The court may, for good cause, extend the filing period.
(5)Except as provided in subdivision (b) of Section 366.28, an order by the court issued after a hearing pursuant to this subdivision shall not be appealable.
(6)Nothing in this section shall preclude a county child protective services agency from fully investigating and responding to alleged abuse or neglect of a child pursuant to Section 11165.5 of the Penal Code.
(7)The Judicial Council shall prepare forms to facilitate the filing of the petitions described in this subdivision, which shall become effective on January 1, 2006.
SEC. 135.Section 387 of the Welfare and Institutions Code is amended to read:387.(a)An order changing or modifying a previous order by removing a child from the physical custody of a parent, guardian, relative, or friend and directing placement in a foster home, or commitment to a private or county institution, shall be made only after noticed hearing upon a supplemental petition.
(b)The supplemental petition shall be filed by the social worker in the original matter and shall contain a concise statement of facts sufficient to support the conclusion that the previous disposition has not been effective in the rehabilitation or protection of the child or, in the case of a placement with a relative, sufficient to show that the placement is not appropriate in view of the criteria in Section 361.3.
(c)Notwithstanding subdivision (a), dependency jurisdiction shall be resumed for a child as to whom dependency jurisdiction has been suspended pursuant to Section 366.5 if the jurisdiction established pursuant to Section 601 or 602 is terminated and if, after the issuance of a joint assessment pursuant to Section 366.5, the court determines that the courts dependency jurisdiction should be resumed.
(d)Upon the filing of the supplemental petition, the clerk of the juvenile court shall immediately set the same for hearing within 30 days, and the social worker shall cause notice thereof to be served upon the persons and in the manner prescribed by Sections 290.1 and 291, except that service under this subdivision may be delivered by electronic service pursuant to Section 212.5.
(e)An order for the detention of the child pending adjudication of the petition may be made only after a hearing is conducted pursuant to Article 7 (commencing with Section 305).
SEC. 136.Section 607.2 of the Welfare and Institutions Code is amended to read:607.2.(a)(1)On and after January 1, 2012, the court shall hold a hearing prior to terminating jurisdiction over a ward who satisfies any of the following criteria:
(A)Is a minor subject to an order for foster care placement described in Section 11402 as a ward who has not previously been subject to the jurisdiction of the court as a result of a petition filed pursuant to Section 325.
(B)Is a nonminor who was subject to an order for foster care placement described in Section 11402 as a ward on the day he or she attained 18 years of age.
(C)Is a ward who was subject to an order for foster care placement described in Section 11402 as a dependent of the court at the time the court adjudged the child to be a ward of the court under Section 725.
(2)The notice of hearing under this subdivision may be served electronically pursuant to Section 212.5.
(b)At a hearing during which termination of jurisdiction over a ward described in subdivision (a) is being considered, the court shall take one of the following actions:
(1)Modify its jurisdiction from delinquency jurisdiction to transition jurisdiction, if the court finds the ward is a person described in Section 450.
(2)(A)For a ward who was not previously subject to the jurisdiction of the court as a result of a petition filed pursuant to Section 325, order the probation department or the wards attorney to submit an application to the child welfare services department pursuant to Section 329 to declare the minor a dependent of the court and modify the courts jurisdiction from delinquency jurisdiction to dependency jurisdiction, if the court finds all of the following:
(i)The ward is a minor.
(ii)The ward does not come within the description in Section 450, but jurisdiction as a ward may no longer be required.
(iii)The ward appears to come within the description of Section 300 and cannot be returned home safely.
(B)The court shall set a hearing within 20 judicial days of the date of the order described in subparagraph (A) to review the child welfare services departments decision and may either affirm its decision not to file a petition pursuant to Section 300 or order the child welfare services department to file a petition pursuant to Section 300. The notice of hearing under this subparagraph may be served electronically pursuant to Section 212.5.
(3)Vacate the order terminating jurisdiction over the minor as a dependent of the court, resume jurisdiction pursuant to Section 300 based on the prior petition filed pursuant to Section 325, and terminate the courts jurisdiction over the minor as a ward, if the minor was subject to an order for foster care placement described in Section 11402 as a dependent of the court at the time the court adjudged the minor to be a ward and assumed jurisdiction over the minor under Section 725.
(4)Continue its delinquency jurisdiction over a ward pursuant to Section 303 as a nonminor dependent, as defined in subdivision (v) of Section 11400, who is eligible to remain in foster care pursuant to Section 11403, if the ward is a nonminor and the court did not modify its jurisdiction as described in Section 450, unless the court finds that after reasonable and documented efforts, the ward cannot be located or does not wish to become a nonminor dependent. In making this finding and prior to entering an order terminating its delinquency jurisdiction, the court shall ensure that the ward has had an opportunity to confer with his or her counsel and has been informed of his or her options, including the right to reenter foster care placement by completing a voluntary reentry agreement as described in subdivision (z) of Section 11400 and to file a petition pursuant to subdivision (e) of Section 388 for the court to assume or resume transition jurisdiction over him or her pursuant to Section 450. The fact that a ward declines to be a nonminor dependent does not restrict the authority of the court to maintain delinquency jurisdiction pursuant to Section 607.
(5)Continue its delinquency jurisdiction.
(6)Terminate its delinquency jurisdiction if the ward does not come within the provisions of paragraphs (1) to (4), inclusive.
(c)If the court modifies jurisdiction, its order shall comply with the requirements of subdivision (f) of Section 241.1.
(d)This section shall not be construed as changing the requirements of Section 727.2 or 727.3 with respect to reunification of minors with their families or the establishment of an alternative permanent plan for minors for whom reunification is not pursued.
SEC. 137.Section 630 of the Welfare and Institutions Code is amended to read:630.(a)If the probation officer determines that the minor shall be retained in custody, he or she shall immediately proceed in accordance with Article 16 (commencing with Section 650) to cause the filing of a petition pursuant to Section 656 with the clerk of the juvenile court who shall set the matter for hearing on the detention calendar. Immediately upon filing the petition with the clerk of the juvenile court, if the minor is alleged to be a person described in Section 601 or 602, the probation officer or the prosecuting attorney shall serve the minor with a copy of the petition and notify him or her of the time and place of the detention hearing. The probation officer or the prosecuting attorney shall notify each parent or each guardian of the minor of the time and place of the hearing if the whereabouts of each parent or guardian can be ascertained by due diligence. Notice pursuant to this subdivision may be given orally and shall not be delivered electronically.
(b)In a hearing conducted pursuant to this section, the minor has a privilege against self-incrimination and has a right to confrontation by, and cross-examination of, any person examined by the court as provided in Section 635.
SEC. 138.Section 658 of the Welfare and Institutions Code is amended to read:658.(a)Except as provided in subdivision (b), upon the filing of the petition, the clerk of the juvenile court shall issue a notice, to which shall be attached a copy of the petition, and he or she shall cause the same to be served upon the minor, if the minor is eight or more years of age, and upon each of the persons described in subdivision (e) of Section 656 whose residence addresses are set forth in the petition and thereafter before the hearing upon all persons whose residence addresses become known to the clerk. If the court has ordered the care, custody, and control of the minor to be under the supervision of the probation officer for foster care placement pursuant to subdivision (a) of Section 727, the clerk shall also issue a copy of that notice to any foster parents, preadoptive parents, legal guardians, or relatives providing care to the minor. The clerk shall issue a copy of the petition, to the minors attorney and to 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. Service under this subdivision may be by electronic service pursuant to Section 212.5, except that electronic service is not authorized if the minor is detained and those persons entitled to notice are not present at the initial detention hearing.
(b)Upon the filing of a supplemental petition where the minor has been declared a ward of the court or a probationer under Section 602 in the original matter, the clerk of the juvenile court shall issue a notice, to which shall be attached a copy of the petition, and he or she shall cause the notice to be served upon the minor, if the minor is eight or more years of age, and upon each of the persons described in subdivision (e) of Section 656 whose residence addresses are set forth in the supplemental petition and thereafter known to the clerk. The clerk shall issue a copy of the supplemental petition to the minors attorney, and to the district attorney if the probation officer is the petitioner, or, to the probation officer if the district attorney is the petitioner, containing the time, date, and place of the hearing. If the court has ordered the care, custody, and control of the minor to be under the supervision of the probation officer for foster care placement pursuant to subdivision (a) of Section 727, the clerk shall also issue a copy of that notice to any foster parents, preadoptive parents, legal guardians, or relatives providing care to the minor. Service under this subdivision may be by electronic service pursuant to Section 212.5.
SEC. 139.Section 660 of the Welfare and Institutions Code is amended to read:660.(a)Except as provided in subdivision (b), if the minor is detained, the clerk of the juvenile court shall cause the notice and copy of the petition to be served on all persons required to receive that notice and copy of the petition pursuant to subdivision (e) of Section 656 and Section 658, either personally or by certified mail with request for return receipt, as soon as possible after filing of the petition and at least five days before the time set for hearing, unless the hearing is set less than five days from the filing of the petition, in which case, the notice and copy of the petition shall be served at least 24 hours before the time set for hearing. Service under this subdivision shall not be made by electronic service.
(b)If the minor is detained, and all persons entitled to notice pursuant to subdivision (e) of Section 656 and Section 658 were present at the detention hearing, the clerk of the juvenile court shall cause the notice and copy of the petition to be served on all persons required to receive the notice and copy of the petition, by personal service, by first-class mail, or by electronic service pursuant to Section 212.5, as soon as possible after the filing of the petition and at least five days before the time set for hearing, unless the hearing is set less than five days from the filing of the petition, in which case the notice and copy of the petition shall be served at least 24 hours before the time set for the hearing. Service under this subdivision may be by electronic service pursuant to Section 212.5 except that electronic service is not authorized if the minor is detained and those persons entitled to notice are not present at the detention hearing.
(c)If the minor is not detained, the clerk of the juvenile court shall cause the notice and copy of the petition to be served on all persons required to receive the notice and copy of the petition, by personal service, by first-class mail, or by electronic service pursuant to Section 212.5 at least 10 days before the time set for hearing. If that person is known to reside outside of the county, the clerk of the juvenile court shall serve the notice and copy of the petition, by first-class mail or by electronic service pursuant to Section 212.5, 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 shall in no way result in arrest or detention. In the instance of failure to appear after notice by first-class mail or by electronic service pursuant to Section 212.5, the court shall direct that the notice and copy of the petition is to be personally served on all persons required to receive the notice and a copy of the petition. However, if the whereabouts of the minor are unknown, personal service of the notice and a copy of the petition is not required and a warrant for the arrest of the minor may be issued pursuant to Section 663. 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 or electronic service. 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)For purposes of this section, service on the minors attorney shall constitute service on the minors parent or legal guardian.
SEC. 140.Section 661 of the Welfare and Institutions Code is amended to read:661.(a)In addition to the notice provided in Sections 658 and 659, the juvenile court may issue a citation directing any parent, guardian, or foster parent of the person concerning whom a petition has been filed to appear at the time and place set for any hearing or financial evaluation under the provisions of this chapter, including a hearing under the provisions of Section 257, and directing any person having custody or control of the minor concerning whom the petition has been filed to bring the minor with him or her.
(b)The notice shall in addition state that a parent, guardian, or foster parent may be required to participate in a counseling or education program with the minor concerning whom the petition has been filed.
(c)If the proceeding is one alleging that the minor comes within the provisions of Section 601, the notice shall in addition contain notice to the parent, guardian, or other person having control or charge of the minor that failure to comply with the compulsory school attendance laws is an infraction, which may be charged and prosecuted before the juvenile court judge sitting as a superior court judge. In those cases, the notice shall also include notice that the parent, guardian, or other person having control or charge of the minor has the right to a hearing on the infraction before a judge different than the judge who has heard or is to hear the proceeding pursuant to Section 601. The notice shall also explain the provisions of Section 170.6 of the Code of Civil Procedure.
(d)Personal service of the citation shall be made at least 24 hours before the time stated therein for the appearance. The citation may also be electronically served pursuant to Section 212.5, but only in addition to service by other forms of service required by law.
SEC. 141.Section 727.4 of the Welfare and Institutions Code is amended to read:727.4.(a)(1)Notice of any hearing pursuant to Section 727, 727.2, or 727.3 shall be served by the probation officer to the minor, the minors parent or guardian, any adult provider of care to the minor including, but not limited to, foster parents, relative caregivers, preadoptive parents, resource family, community care facility, or foster family agency, and to the counsel of record if the counsel of record was not present at the time that the hearing was set by the court, by first-class mail addressed to the last known address of the person to be notified, by personal service on those persons, or by electronic service pursuant to Section 212.5, not earlier than 30 days nor later than 15 days preceding the date of the hearing. The notice shall contain a statement regarding the nature of the status review or permanency planning hearing and any change in the custody or status of the minor being recommended by the probation department. The notice shall also include a statement informing the foster parents, relative caregivers, or preadoptive parents that he or she may attend all hearings or may submit any information he or she deems relevant to the court in writing. The foster parents, relative caregiver, and preadoptive parents are entitled to notice and opportunity to be heard but need not be made parties to the proceedings. Proof of notice shall be filed with the court.
(2)If the court or probation officer knows or has reason to know that the minor is or may be an Indian child, any notice sent under this section shall comply with the requirements of Section 224.2.
(b)At least 10 calendar days before each status review and permanency planning hearing, after the hearing during which the court orders that the care, custody, and control of the minor to be under the supervision of the probation officer for placement pursuant to subdivision (a) of Section 727, the probation officer shall file a social study report with the court, pursuant to the requirements listed in Section 706.5.
(c)The probation department shall inform the minor, the minors parent or guardian, and all counsel of record that a copy of the social study prepared for the hearing will be available 10 days before the hearing and may be obtained from the probation officer.
(d)As used in Article 15 (commencing with Section 625) to Article 18 (commencing with Section 725), inclusive:
(1)Foster care means residential care provided in any of the settings described in Section 11402 or 11402.01.
(2)At risk of entering foster care means that conditions within a minors family may necessitate his or her entry into foster care unless those conditions are resolved.
(3)Preadoptive parent means a licensed foster parent who has been approved for adoption by the State Department of Social Services when it is acting as an adoption agency or by a licensed adoption agency.
(4)Date of entry into foster care means the date that is 60 days after the date on which the minor was removed from his or her home, unless one of the exceptions below applies:
(A)If the minor is detained pending foster care placement, and remains detained for more than 60 days, then the date of entry into foster care means the date the court adjudges the minor a ward and orders the minor placed in foster care under the supervision of the probation officer.
(B)If, before the minor is placed in foster care, the minor is committed to a ranch, camp, school, or other institution pending placement, and remains in that facility for more than 60 days, then the date of entry into foster care is the date the minor is physically placed in foster care.
(C)If at the time the wardship petition was filed, the minor was a dependent of the juvenile court and in out-of-home placement, then the date of entry into foster care is the earlier of the date the juvenile court made a finding of abuse or neglect, or 60 days after the date on which the child was removed from his or her home.
(5)Reasonable efforts means:
(A)Efforts made to prevent or eliminate the need for removing the minor from the minors home.
(B)Efforts to make it possible for the minor to return home, including, but not limited to, case management, counseling, parenting training, mentoring programs, vocational training, educational services, substance abuse treatment, transportation, and therapeutic day services.
(C)Efforts to complete whatever steps are necessary to finalize a permanent plan for the minor.
(D)In child custody proceedings involving an Indian child, reasonable efforts shall also include active efforts as defined in Section 361.7.
(6)Relative means an adult who is related to the minor by blood, adoption, or affinity within the fifth degree of kinship including stepparents, stepsiblings, and all relatives whose status is preceded by the words great, great-great, grand, or the spouse of any of these persons even if the marriage was terminated by death or dissolution. Relative shall also include an extended family member as defined in the federal Indian Child Welfare Act (25 U.S.C. Sec. 1903(2)).
(7)Hearing means a noticed proceeding with findings and orders that are made on a case-by-case basis, heard by either of the following:
(A)A judicial officer, in a courtroom, recorded by a court reporter.
(B)An administrative panel, provided that the hearing is a status review hearing and that the administrative panel meets the following conditions:
(i)The administrative review shall be open to participation by the minor and parents or legal guardians and all those persons entitled to notice under subdivision (a).
(ii)The minor and his or her parents or legal guardians receive proper notice as required in subdivision (a).
(iii)The administrative review panel is composed of persons appointed by the presiding judge of the juvenile court, the membership of which shall include at least one person who is not responsible for the case management of, or delivery of services to, the minor or the parents who are the subjects of the review.
(iv)The findings of the administrative review panel shall be submitted to the juvenile court for the courts approval and shall become part of the official court record.
SEC. 142.Section 728 of the Welfare and Institutions Code is amended to read:728.(a)The juvenile court may terminate or modify a guardianship of the person of a minor previously established under the Probate Code, or appoint a coguardian or successor guardian of the person of the minor, if the minor is the subject of a petition filed under Section 300, 601, or 602. If the probation officer supervising the minor provides information to the court regarding the minors present circumstances and makes a recommendation to the court regarding a motion to terminate or modify a guardianship established in any county under the Probate Code, or to appoint a coguardian or successor guardian, of the person of a minor who is before the juvenile court under a petition filed under Section 300, 601, or 602, the court shall order the appropriate county department, or the district attorney or county counsel, to file the recommended motion. The motion may also be made by the guardian or the minors attorney. The hearing on the motion may be held simultaneously with any regularly scheduled hearing held in proceedings to declare the minor a dependent child or ward of the court, or at any subsequent hearing concerning the dependent child or ward. Notice requirements of Section 294 shall apply to the proceedings in juvenile court under this subdivision.
(b)If the juvenile court decides to terminate or modify a guardianship previously established under the Probate Code pursuant to subdivision (a), the juvenile court shall provide notice of that decision to the court in which the guardianship was originally established. The clerk of the superior court, upon receipt of the notice, shall file the notice with other documents and records of the pending proceeding and deliver by first-class mail or by electronic service pursuant to Section 1215 of the Probate Code a copy of the notice to all parties of record in the superior court.
(c)If, at any time during the period a minor under the age of 18 years is a ward of the juvenile court, the probation officer supervising the minor recommends to the court that the court establish a guardianship of the person of the minor and appoint a specific adult to act as guardian, or on the motion of the minors attorney, or on the order of the court that a guardianship shall be established as the minors permanent plan pursuant to paragraph (4) of subdivision (b) of Section 727.3, the court shall set a hearing to consider the recommendation or motion and shall order the clerk to notice the minors parents and relatives as required in Section 294. If the motion is not made by the minors attorney, the court may appoint the district attorney or county counsel to prosecute the action.
(d)The procedures for appointment of a guardian shall be conducted exclusively pursuant to Section 366.26, except that subdivision (j) of Section 366.26 shall not apply.
(e)Upon the appointment of a guardian pursuant to subdivision (d), the court may continue wardship and conditions of probation, or may terminate the wardship of the minor.
(f)Notwithstanding Section 1601 of the Probate Code, the proceedings to modify or terminate a guardianship granted under this section shall be held in the juvenile court unless the termination is due to the emancipation or adoption of the minor.
(g)The Judicial Council shall develop rules of court and adopt appropriate forms for the findings and orders under this section.
SEC. 143.Section 777 of the Welfare and Institutions Code is amended to read:777.An order changing or modifying a previous order by removing a minor from the physical custody of a parent, guardian, relative, or friend and directing placement in a foster home, or commitment to a private institution or commitment to a county institution, or an order changing or modifying a previous order by directing commitment to the Youth Authority shall be made only after a noticed hearing.
(a)The notice shall be made as follows:
(1)By the probation officer where a minor has been declared a ward of the court or a probationer under Section 601 in the original matter and shall contain a concise statement of facts sufficient to support the conclusion that the minor has violated an order of the court.
(2)By the probation officer or the prosecuting attorney if the minor is a court ward or probationer under Section 602 in the original matter and the notice alleges a violation of a condition of probation not amounting to a crime. The notice shall contain a concise statement of facts sufficient to support this conclusion.
(3)Where the probation officer is the petitioner pursuant to paragraph (2), prior to the attachment of jeopardy at the time of the jurisdictional hearing, the prosecuting attorney may make a motion to dismiss the notice and may request that the matter be referred to the probation officer for whatever action the prosecuting or probation officer may deem appropriate.
(b)Upon the filing of such notice, the clerk of the juvenile court shall immediately set the same for hearing within 30 days, and the probation officer shall cause notice of it to be served upon the persons and in the manner prescribed by Sections 658 and 660. Service under this subdivision may be by electronic service pursuant to Section 212.5.
(c)The facts alleged in the notice shall be established by a preponderance of the evidence at a hearing to change, modify, or set aside a previous order. The court may admit and consider reliable hearsay evidence at the hearing to the same extent that such evidence would be admissible in an adult probation revocation hearing, pursuant to the decision in People v. Brown, 215 Cal.App.3d (1989) and any other relevant provision of law.
(d)An order for the detention of the minor pending adjudication of the alleged violation may be made only after a hearing is conducted pursuant to Article 15 (commencing with Section 625) of this chapter. Service under this subdivision may be by electronic service pursuant to Section 212.5, but only in addition to other forms of service required by law.
SEC. 144.Section 778 of the Welfare and Institutions Code is amended to read:778.(a)(1)Any parent or other person having an interest in a child who is a ward of the juvenile court or the child himself or herself through a properly appointed guardian may, upon grounds of change of circumstance or new evidence, petition the court in the same action in which the child was found to be a ward of the juvenile court for a hearing to change, modify, or set aside any order of court previously made or to terminate the jurisdiction of the court. The petition shall be verified and, if made by a person other than the child, shall state the petitioners relationship to or interest in the child and shall set forth in concise language any change of circumstance or new evidence which are alleged to require such change of order or termination of jurisdiction.
(2)If it appears that the best interests of the child may be promoted by the proposed change of order or termination of jurisdiction, the court shall order that a hearing be held and shall give prior notice, or cause prior notice to be given, to such persons and by such means as prescribed by Sections 776 and 779, by electronic service pursuant to Section 212.5, and, in such instances as the means of giving notice is not prescribed by such sections, then by such means as the court prescribes.
(b)(1)Any person, including a ward, a transition dependent, or a nonminor dependent of the juvenile court, may petition the court to assert a relationship as a sibling related by blood, adoption, or affinity through a common legal or biological parent to a child who is, or is the subject of a petition for adjudication as, a ward of the juvenile court, and may request visitation with the ward, placement with or near the ward, or consideration when determining or implementing a case plan or permanent plan for the ward.
(2)A ward, transition dependent, or nonminor dependent of the juvenile court may petition the court to assert a relationship as a sibling related by blood, adoption, or affinity through a common legal or biological parent to a child who is in the physical custody of a common legal or biological parent, and may request visitation with the nondependent sibling in parental custody.
(3)Pursuant to subdivision (b) of Section 16002, a request for sibling visitation may be granted unless it is determined by the court that sibling visitation is contrary to the safety and well-being of any of the siblings.
(4)The court may appoint a guardian ad litem to file the petition for a ward asserting a sibling relationship pursuant to this subdivision if the court determines that the appointment is necessary for the best interests of the ward. The petition shall be verified and shall set forth the following:
(A)Through which parent he or she is related to the sibling.
(B)Whether he or she is related to the sibling by blood, adoption, or affinity.
(C)The request or order that the petitioner is seeking.
(D)Why that request or order is in the best interest of the ward.
SEC. 145.Section 779 of the Welfare and Institutions Code is amended to read:779.The court committing a ward to the Youth Authority may thereafter change, modify, or set aside the order of commitment. Ten days notice of the hearing of the application therefor shall be served upon the Director of the Youth Authority. In changing, modifying, or setting aside the order of commitment, the court shall give due consideration to the effect thereof upon the discipline and parole system of the Youth Authority or of the correctional school in which the ward may have been placed by the Youth Authority. Except as provided in this section, nothing in this chapter shall be deemed to interfere with the system of parole and discharge now or hereafter established by law, or by rule of the Youth Authority, for the parole and discharge of wards of the juvenile court committed to the Youth Authority, or with the management of any school, institution, or facility under the jurisdiction of the Youth Authority. Except as provided in this section, this chapter does not interfere with the system of transfer between institutions and facilities under the jurisdiction of the Youth Authority. This section does not limit the authority of the court to change, modify, or set aside an order of commitment after a noticed hearing and upon a showing of good cause that the Youth Authority is unable to, or failing to, provide treatment consistent with Section 734.
However, before any inmate of a correctional school may be transferred to a state hospital, he or she shall first be returned to a court of competent jurisdiction and, after hearing, may be committed to a state hospital for the insane in accordance with law.
SEC. 146.Section 785 of the Welfare and Institutions Code is amended to read:785.(a)Where a minor is a ward of the juvenile court, the wardship did not result in the minors commitment to the Youth Authority, and the minor is found not to be a fit and proper subject to be dealt with under the juvenile court law with respect to a subsequent allegation of criminal conduct, any parent or other person having an interest in the minor, or the minor, through a properly appointed guardian, the prosecuting attorney, or probation officer, may petition the court in the same action in which the minor was found to be a ward of the juvenile court for a hearing for an order to terminate or modify the jurisdiction of the juvenile court. The court shall order that a hearing be held and shall give prior notice, or cause prior notice to be given, to those persons and by the means prescribed by Sections 776 and 779, by electronic service pursuant to Section 212.5, or where the means of giving notice is not prescribed by those sections, then by such means as the court prescribes.
(b)The petition shall be verified and shall state why jurisdiction should be terminated or modified in concise language.
(c)In determining whether or not the wardship shall terminate or be modified, the court shall be guided by the policies set forth in Section 202.
(d)In addition to its authority under this chapter, the Judicial Council shall adopt rules providing criteria for the consideration of the juvenile court in determining whether or not to terminate or modify jurisdiction pursuant to this section.
SEC. 147.Section 903.45 of the Welfare and Institutions Code is amended to read:903.45.(a)The board of supervisors may designate a county financial evaluation officer pursuant to Section 27750 of the Government Code to make financial evaluations of liability for reimbursement pursuant to Sections 207.2, 903, 903.1, 903.2, 903.25, 903.3, and 903.5, and other reimbursable costs allowed by law, as set forth in this section.
(b)In a county where a board of supervisors has designated a county financial evaluation officer, the juvenile court shall, at the close of the disposition hearing, order any person liable for the cost of support, pursuant to Section 903, the cost of legal services as provided for in Section 903.1, probation costs as provided for in Section 903.2, or any other reimbursable costs allowed under this code, to appear before the county financial evaluation officer for a financial evaluation of his or her ability to pay those costs. If the responsible person is not present at the disposition hearing, the court shall cite him or her to appear for a financial evaluation. In the case of a parent, guardian, or other person assessed for the costs of transport, food, shelter, or care of a minor under Section 207.2 or 903.25, the juvenile court shall, upon request of the county probation department, order the appearance of the parent, guardian, or other person before the county financial evaluation officer for a financial evaluation of his or her ability to pay the costs assessed.
If the county financial evaluation officer determines that a person so responsible has the ability to pay all or part of the costs, the county financial evaluation officer shall petition the court for an order requiring the person to pay that sum to the county or court, depending on which entity incurred the expense. If the parent or guardian is liable for costs for legal services pursuant to Section 903.1, the parent or guardian has been reunified with the child pursuant to a court order, and the county financial evaluation officer determines that repayment of the costs would harm the ability of the parent or guardian to support the child, then the county financial evaluation officer shall not petition the court for an order of repayment, and the court shall not make that order. In addition, if the parent or guardian is currently receiving reunification services, and the court finds, or the county financial officer determines, that repayment by the parent or guardian will pose a barrier to reunification with the child because it will limit the ability of the parent or guardian to comply with the requirements of the reunification plan or compromise the parents or guardians current or future ability to meet the financial needs of the child, or in any case in which the court finds that the repayment would be unjust under the circumstances of the case, then the county financial evaluation officer shall not petition the court for an order of repayment, and the court shall not order repayment by the parent or guardian. In evaluating a persons ability to pay under this section, the county financial evaluation officer and the court shall take into consideration the familys income, the necessary obligations of the family, and the number of persons dependent upon this income. A person appearing for a financial evaluation has the right to dispute the county financial evaluation officers determination, in which case he or she is entitled to a hearing before the juvenile court. The county financial evaluation officer, at the time of the financial evaluation, shall advise the person of his or her right to a hearing and of his or her rights pursuant to subdivision (c).
At the hearing, a person responsible for costs is entitled to have, but shall not be limited to, the opportunity to be heard in person, to present witnesses and other documentary evidence, to confront and cross-examine adverse witnesses, to disclosure of the evidence against him or her, and to receive a written statement of the findings of the court. The person has the right to be represented by counsel, and, if the person is unable to afford counsel, the right to appointed counsel. If the court determines that the person has the ability to pay all or part of the costs, including the costs of any counsel appointed to represent the person at the hearing, the court shall set the amount to be reimbursed and order him or her to pay that sum to the county or court, depending on which entity incurred the expense, in a manner in which the court believes reasonable and compatible with the persons financial ability.
If the person, after having been ordered to appear before the county financial evaluation officer, has been given proper notice and fails to appear as ordered, the county financial evaluation officer shall recommend to the court that the person be ordered to pay the full amount of the costs. Proper notice to the person shall contain all of the following:
(1)That the person has a right to a statement of the costs as soon as it is available.
(2)The persons procedural rights under Section 27755 of the Government Code.
(3)The time limit within which the persons appearance is required.
(4)A warning that if the person fails to appear before the county financial evaluation officer, the officer will recommend that the court order the person to pay the costs in full.
If the county financial evaluation officer determines that the person has the ability to pay all or a portion of these costs, with or without terms, and the person concurs in this determination and agrees to the terms of payment, the county financial evaluation officer, upon his or her written evaluation and the persons written agreement, shall petition the court for an order requiring the person to pay that sum to the county or the court in a manner that is reasonable and compatible with the persons financial ability. This order may be granted without further notice to the person, provided that a copy of the order is served on the person by mail or by electronic means pursuant to Section 212.5.
However, if the county financial evaluation officer cannot reach an agreement with the person with respect to either the liability for the costs, the amount of the costs, the persons ability to pay the costs, or the terms of payment, the matter shall be deemed in dispute and referred by the county financial evaluation officer back to the court for a hearing.
(c)At any time prior to the satisfaction of a judgment entered pursuant to this section, a person against whom the judgment was entered may petition the rendering court to modify or vacate the judgment on the basis of a change in circumstances relating to his or her ability to pay the judgment.
(d)Execution may be issued on the order in the same manner as on a judgment in a civil action, including any balance remaining unpaid at the termination of the courts jurisdiction over the minor.
SEC. 147.5.Section 903.45 of the Welfare and Institutions Code is amended to read:903.45.(a)The board of supervisors may designate a county financial evaluation officer pursuant to Section 27750 of the Government Code to make financial evaluations of liability for reimbursement pursuant to Sections 207.2, 903, 903.1, 903.2, 903.25, 903.3, and 903.5, and other reimbursable costs allowed by law, as set forth in this section.
(b)(1)(A)In a county where a board of supervisors has designated a county financial evaluation officer, the juvenile court shall, at the close of the disposition hearing, order any person liable for the cost of support, pursuant to Section 903, the cost of legal services as provided for in Section 903.1, probation supervision costs as provided for in Section 903.2, or any other reimbursable costs allowed under this code, to appear before the county financial evaluation officer for a financial evaluation of his or her ability to pay those costs. If the responsible person is not present at the disposition hearing, the court shall cite him or her to appear for a financial evaluation. In the case of a parent, guardian, or other person assessed for the costs of transport, food, shelter, or care of a minor under Section 207.2 or 903.25, the juvenile court shall, upon request of the county probation department, order the appearance of the parent, guardian, or other person before the county financial evaluation officer for a financial evaluation of his or her ability to pay the costs assessed.
(B)(i)This paragraph does not apply to costs described in this paragraph for purposes of a minor who is adjudged a ward of the juvenile court, who is placed on probation pursuant to Section 725, who is the subject of a petition that has been filed to adjudge the minor a ward of the juvenile court, or who is the subject of a program of supervision undertaken pursuant to Section 654.
(ii)Notwithstanding clause (i), this paragraph applies to a minor who is designated as a dual status child pursuant to Section 241.1, for purposes of the dependency jurisdiction only and not for purposes of the delinquency jurisdiction.
If(2)If the county financial evaluation officer determines that a person so responsible has the ability to pay all or part of the costs, the county financial evaluation officer shall petition the court for an order requiring the person to pay that sum to the county or court, depending on which entity incurred the expense. If the parent or guardian is liable for costs for legal services pursuant to Section 903.1, the parent or guardian has been reunified with the child pursuant to a court order, and the county financial evaluation officer determines that repayment of the costs would harm the ability of the parent or guardian to support the child, then the county financial evaluation officer shall not petition the court for an order of repayment, and the court shall not make that order. In addition, if the parent or guardian is currently receiving reunification services, and the court finds, or the county financial officer determines, that repayment by the parent or guardian will pose a barrier to reunification with the child because it will limit the ability of the parent or guardian to comply with the requirements of the reunification plan or compromise the parents or guardians current or future ability to meet the financial needs of the child, or in any case in which the court finds that the repayment would be unjust under the circumstances of the case, then the county financial evaluation officer shall not petition the court for an order of repayment, and the court shall not order repayment by the parent or guardian. In evaluating a persons ability to pay under this section, the county financial evaluation officer and the court shall take into consideration the familys income, the necessary obligations of the family, and the number of persons dependent upon this income. A person appearing for a financial evaluation has the right to dispute the county financial evaluation officers determination, in which case he or she is entitled to a hearing before the juvenile court. The county financial evaluation officer, at the time of the financial evaluation, shall advise the person of his or her right to a hearing and of his or her rights pursuant to subdivision (c).
At
(3)At the hearing, a person responsible for costs is entitled to have, but shall not be limited to, the opportunity to be heard in person, to present witnesses and other documentary evidence, to confront and cross-examine adverse witnesses, to disclosure of the evidence against him or her, and to receive a written statement of the findings of the court. The person has the right to be represented by counsel, and, if the person is unable to afford counsel, the right to appointed counsel. If the court determines that the person has the ability to pay all or part of the costs, including the costs of any counsel appointed to represent the person at the hearing, the court shall set the amount to be reimbursed and order him or her to pay that sum to the county or court, depending on which entity incurred the expense, in a manner in which the court believes reasonable and compatible with the persons financial ability.
If
(4)If the person, after having been ordered to appear before the county financial evaluation officer, has been given proper notice and fails to appear as ordered, the county financial evaluation officer shall recommend to the court that the person be ordered to pay the full amount of the costs. Proper notice to the person shall contain all of the following:
(1)(A)That the person has a right to a statement of the costs as soon as it is available.
(2)(B)The persons procedural rights under Section 27755 of the Government Code.
(3)(C)The time limit within which the persons appearance is required.
(4)(D)A warning that if the person fails to appear before the county financial evaluation officer, the officer will recommend that the court order the person to pay the costs in full.
If
(5)If the county financial evaluation officer determines that the person has the ability to pay all or a portion of these costs, with or without terms, and the person concurs in this determination and agrees to the terms of payment, the county financial evaluation officer, upon his or her written evaluation and the persons written agreement, shall petition the court for an order requiring the person to pay that sum to the county or the court in a manner that is reasonable and compatible with the persons financial ability. This order may be granted without further notice to the person, provided a copy of the order is served on the person by mail. mail or by electronic means pursuant to Section 212.5.
However,
(6)However, if the county financial evaluation officer cannot reach an agreement with the person with respect to either the liability for the costs, the amount of the costs, the persons ability to pay the costs, or the terms of payment, the matter shall be deemed in dispute and referred by the county financial evaluation officer back to the court for a hearing.
(c)At any time prior to the satisfaction of a judgment entered pursuant to this section, a person against whom the judgment was entered may petition the rendering court to modify or vacate the judgment on the basis of a change in circumstances relating to his or her ability to pay the judgment.
(d)Execution may be issued on the order in the same manner as on a judgment in a civil action, including any balance remaining unpaid at the termination of the courts jurisdiction over the minor.
SEC. 148.Section 5362 of the Welfare and Institutions Code is amended to read:5362.(a)The clerk of the superior court shall notify each conservator, his or her conservatee and the person in charge of the facility in which the person resides, and the conservatees attorney, at least 60 days before the termination of the one-year period. If the conservator is a private party, the clerk of the superior court shall also notify the mental health director and the county officer providing conservatorship investigation pursuant to Section 5355, at least 60 days before the termination of the one-year period. Notification shall be delivered pursuant to Section 1215 of the Probate Code. The notification shall be in substantially the following form:
In the Superior Court of the State of California | |
The people of the State of California | No.____ |
Concerning | Notice of Termination |
of Conservatorship | |
The people of the State of California to : | |
(conservatee, conservatees attorney, conservator, and professional person in charge of the facility in which the conservatee resides, county mental health director, and county officer providing conservatorship investigation.) | |
The one-year conservatorship established for ____ pursuant to
Welfare and Institutions Code Section ____ on ____ will
terminate on ____. If the conservator, ____, wishes to
reestablish conservatorship for another year he or she must petition
the court by ____. Subject to a request for a court hearing by jury
trial the judge may, on his or her own motion, accept or reject the
conservators petition.
If the conservator petitions to reestablish conservatorship the
conservatee, the professional person in charge of the facility in which
he or she resides, the conservatees attorney, and, if the conservator
is a private party, the county mental health director and the county
officer providing conservatorship investigation shall be notified. If
any of them request it, there shall be a court hearing or a jury trial,
whichever is requested, on the issue of whether the conservatee is
still gravely disabled and in need of conservatorship. If the private
conservator does not petition for reappointment, the county officer
providing conservatorship investigation may recommend another
conservator. Such a petition shall be considered a petition for
reappointment
as conservator.
Clerk of the Superior Court by Deputy |
(b)Subject to a request for a court hearing or jury trial, the judge may, on his or her own motion, accept or reject the conservators petition.
If the conservator does not petition to reestablish conservatorship at or before the termination of the one-year period, the court shall issue a decree terminating conservatorship. The decree shall be delivered to the conservator and his or her conservatee pursuant to Section 1215 of the Probate Code and shall be accompanied by a statement of California law as set forth in Section 5368.
SEC. 149.(a)Section 133.5 of this bill incorporates amendments to Section 366.21 of the Welfare and Institutions Code proposed by both this bill and Senate Bill 233. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2018, (2) each bill amends Section 366.21 of the Welfare and Institutions Code, and (3) this bill is enacted after Senate Bill 233, in which case Section 133 of this bill shall not become operative.
(b)Section 134.5 of this bill incorporates amendments to Section 366.26 of the Welfare and Institutions Code proposed by both this bill and Senate Bill 438. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2018, (2) each bill amends Section 366.26 of the Welfare and Institutions Code, and (3) this bill is enacted after Senate Bill 438, in which case Section 134 of this bill shall not become operative.
(c)Section 147.5 of this bill incorporates amendments to Section 903.45 of the Welfare and Institutions Code proposed by both this bill and Senate Bill 190. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2018, (2) each bill amends Section 903.45 of the Welfare and Institutions Code, and (3) this bill is enacted after Senate Bill 190, in which case Section 147 of this bill shall not become operative.
(a)In any contested action or special proceeding other than a small claims action or an action or proceeding in which a prevailing party is not represented by counsel, the party submitting an order or judgment for entry shall prepare and serve, a copy of the notice of entry of judgment to all parties who have appeared in the action or proceeding and shall file with the court the original notice of entry of judgment together with the proof of service. This subdivision does not apply in a proceeding for dissolution of marriage, for nullity of marriage, or for legal separation.
(b)Promptly upon entry of judgment in a contested action or special proceeding in which a prevailing party is not represented by counsel, the clerk of the court shall serve notice of entry of judgment to all parties who have appeared in the action or special proceeding and shall execute a certificate of service and place it in the courts file in the cause.
(c)For purposes of this section, judgment includes any judgment, decree, or signed order from which an appeal lies.
(d)Upon order of the court in any action or special proceeding, the clerk shall serve notice of entry of any judgment or ruling, whether or not appealable.
(e)The Judicial Council shall provide by rule of court that, upon entry of judgment in a contested action or special proceeding in which a state statute or regulation has been declared unconstitutional by the court, the Attorney General is promptly notified of the judgment and that a certificate of that service is placed in the courts file in the cause.
SEC. 2.Section 1010.6 of the Code of Civil Procedure is amended to read:1010.6.(a)A document may be served electronically in an action filed with the court as provided in this section, in accordance with rules adopted pursuant to subdivision (e).(1)For purposes of this section:(A)Electronic service means service of a document, on a party or other person, by either electronic transmission or electronic notification. Electronic service may be performed directly by a party or other person, by an agent of a party or other person, including the partys or other persons attorney, or through an electronic filing service provider.(B)Electronic transmission means the transmission of a document by electronic means to the electronic service address at or through which a party or other person has authorized electronic service.(C)Electronic notification means the notification of the party or other person that a document is served by sending an electronic message to the electronic address at or through which the party or other person has authorized electronic service, specifying the exact name of the document served, and providing a hyperlink at which the served document may be viewed and downloaded.(2)(A)For cases filed on or after January 1, 2018, if a document may be served by mail, express mail, overnight delivery, or facsimile transmission, electronic service of the document is not authorized unless a party or other person has expressly consented to receive electronic service in that specific action or the court has ordered electronic service on a represented party or other represented person under subdivision (c) or (d). Express consent to electronic service may be accomplished either by (1) serving a notice on all the parties and filing the notice with the court, or (2) manifesting affirmative consent through electronic means with the court or the courts electronic filing service provider, and concurrently providing the partys electronic address with that consent for the purpose of receiving electronic service. The act of electronic filing shall not be construed as express consent.(B)If a document is required to be served by certified or registered mail, electronic service of the document is not authorized.(3)In any action in which a party or other person has provided express consent to accept electronic service under paragraph (2), or in which the court has ordered electronic service on a represented party or other represented person under subdivision (c) or (d), the court may electronically serve any document issued by the court that is not required to be personally served in the same manner that parties electronically serve documents. The electronic service of documents by the court shall have the same legal effect as service by mail, except as provided in paragraph (4).(4)(A)If a document may be served by mail, express mail, overnight delivery, or facsimile transmission, electronic service of that document is deemed complete at the time of the electronic transmission of the document or at the time that the electronic notification of service of the document is sent.(B)Any period of notice, or any right or duty to do any act or make any response within any period or on a date certain after the service of the document, which time period or date is prescribed by statute or rule of court, shall be extended after service by electronic means by two court days, but the extension shall not apply to extend the time for filing any of the following:(i)A notice of intention to move for new trial.(ii)A notice of intention to move to vacate judgment under Section 663a.(iii)A notice of appeal.(C)This extension applies in the absence of a specific exception provided by any other statute or rule of court.(5)Any document that is served electronically between 12:00 a.m. and 11:59:59 p.m. on a court day shall be deemed served on that court day. Any document that is served electronically on a noncourt day shall be deemed served on the next court day.(6)A party or other person who has provided express consent to accept service electronically may withdraw consent at any time by completing and filing with the court the appropriate Judicial Council form. The Judicial Council shall create the form by January 1, 2019.(7)Consent, or the withdrawal of consent, to receive electronic service may only be completed by a party or other person entitled to service or that persons attorney.(8)Confidential or sealed records shall be electronically served through encrypted methods to ensure that the documents are not improperly disclosed.(b)A trial court may adopt local rules permitting electronic filing of documents, subject to rules adopted pursuant to subdivision (e) and the following conditions:(1)A document that is filed electronically shall have the same legal effect as an original paper document.(2)(A)When a document to be filed requires the signature of any person, not under penalty of perjury, the document shall be deemed to have been signed by the person who filed the document electronically.(B)When a document to be filed requires the signature, under penalty of perjury, of any person, the document shall be deemed to have been signed by that person if filed electronically and if either of the following conditions is satisfied:(i)The person has signed a printed form of the document before, or on the same day as, the date of filing. The attorney or other person filing the document represents, by the act of filing, that the declarant has complied with this section. The attorney or other person filing the document shall maintain the printed form of the document bearing the original signature until final disposition of the case, as defined in subdivision (c) of Section 68151 of the Government Code, and make it available for review and copying upon the request of the court or any party to the action or proceeding in which it is filed.(ii)The person has signed the document using a computer or other technology pursuant to the procedure set forth in a rule of court adopted by the Judicial Council by January 1, 2019.(3)Any document received electronically by the court between 12:00 a.m. and 11:59:59 p.m. on a court day shall be deemed filed on that court day. Any document that is received electronically on a noncourt day shall be deemed filed on the next court day.(4)The court receiving a document filed electronically shall issue a confirmation that the document has been received and filed. The confirmation shall serve as proof that the document has been filed.(5)Upon electronic filing of a complaint, petition, or other document that must be served with a summons, a trial court, upon request of the party filing the action, shall issue a summons with the court seal and the case number. The court shall keep the summons in its records and may electronically transmit a copy of the summons to the requesting party. Personal service of a printed form of the electronic summons shall have the same legal effect as personal service of an original summons. If a trial court plans to electronically transmit a summons to the party filing a complaint, the court shall immediately, upon receipt of the complaint, notify the attorney or party that a summons will be electronically transmitted to the electronic address given by the person filing the complaint.(6)The court shall permit a party or attorney to file an application for waiver of court fees and costs, in lieu of requiring the payment of the filing fee, as part of the process involving the electronic filing of a document. The court shall consider and determine the application in accordance with Article 6 (commencing with Section 68630) of Chapter 2 of Title 8 of the Government Code and shall not require the party or attorney to submit any documentation other than that set forth in Article 6 (commencing with Section 68630) of Chapter 2 of Title 8 of the Government Code. Nothing in this section shall require the court to waive a filing fee that is not otherwise waivable.(7)A fee, if any, charged by the court, an electronic filing manager, or an electronic filing service provider to process a payment for filing fees and other court fees shall not exceed the costs incurred in processing the payment.(c)If a trial court adopts rules conforming to subdivision (b), it may provide by order that all parties to an action file and serve documents electronically in a class action, a consolidated action, a group of actions, a coordinated action, or an action that is deemed complex under Judicial Council rules, provided that the trial courts order does not cause undue hardship or significant prejudice to any party in the action.(d)A trial court may, by local rule, require electronic filing and service in civil actions, subject to the requirements and conditions stated in subdivision (b), the rules adopted by the Judicial Council under subdivision (f), and the following conditions:(1)The court shall have the ability to maintain the official court record in electronic format for all cases where electronic filing is required.(2)The court and the parties shall have access to more than one electronic filing service provider capable of electronically filing documents with the court or to electronic filing access directly through the court. The court may charge fees of no more than the actual cost of the electronic filing and service of the documents. Any fees charged by an electronic filing service provider shall be reasonable. The court, an electronic filing manager, or an electronic filing service provider shall waive any fees charged if the court deems a waiver appropriate, including in instances where a party has received a fee waiver.(3)The court shall have a procedure for the filing of nonelectronic documents in order to prevent the program from causing undue hardship or significant prejudice to any party in an action, including, but not limited to, unrepresented parties. The Judicial Council shall make a form available to allow a party to seek an exemption from mandatory electronic filing and service on the grounds provided in this paragraph.(4)Unrepresented persons are exempt from mandatory electronic filing and service.(e)The Judicial Council shall adopt uniform rules for the electronic filing and service of documents in the trial courts of the state, which shall include statewide policies on vendor contracts, privacy, and access to public records, and rules relating to the integrity of electronic service. These rules shall conform to the conditions set forth in this section, as amended from time to time.(f)The Judicial Council shall adopt uniform rules to permit the mandatory electronic filing and service of documents for specified civil actions in the trial courts of the state, which shall include statewide policies on vendor contracts, privacy, access to public records, unrepresented parties, parties with fee waivers, hardships, reasonable exceptions to electronic filing, and rules relating to the integrity of electronic service. These rules shall conform to the conditions set forth in this section, as amended from time to time.SEC. 2.Section 1010.6 of the Code of Civil Procedure is amended to read:1010.6.(a)A document may be served electronically in an action filed with the court as provided in this section, in accordance with rules adopted pursuant to subdivision (e).
(1)For purposes of this section:
(A)Electronic service means service of a document, on a party or other person, by either electronic transmission or electronic notification. Electronic service may be performed directly by a party, party or other person, by an agent of a party, party or other person, including the partys party or other persons attorney, or through an electronic filing service provider.
(B)Electronic transmission means the transmission of a document by electronic means to the electronic service address at or through which a party or other person has authorized electronic service.
(C)Electronic notification means the notification of the party or other person that a document is served by sending an electronic message to the electronic address at or through which the party or other person has authorized electronic service, specifying the exact name of the document served, and providing a hyperlink at which the served document may be viewed and downloaded.
(2)If (A)(i)For cases filed on or before December 31, 2018, if a document may be served by mail, express mail, overnight delivery, or facsimile transmission, electronic service of the document is not authorized when unless a party or other person has agreed to accept service electronically electronic service in that action. specific action or the court has ordered electronic service on a represented party or other represented person under subdivision (c) or (d).
(ii)For cases filed on or after January 1, 2019, if a document may be served by mail, express mail, overnight delivery, or facsimile transmission, electronic service of the document is not authorized unless a party or other person has expressly consented to receive electronic service in that specific action or the court has ordered electronic service on a represented party or other represented person under subdivision (c) or (d). Express consent to electronic service may be accomplished either by (I) serving a notice on all the parties and filing the notice with the court, or (II) manifesting affirmative consent through electronic means with the court or the courts electronic filing service provider, and concurrently providing the partys electronic address with that consent for the purpose of receiving electronic service. The act of electronic filing shall not be construed as express consent.
(B)If a document is required to be served by certified or registered mail, electronic service of the document is not authorized.
(3)In any action in which a party or other person has agreed or provided express consent, as applicable, to accept electronic service under paragraph (2), or in which the court has ordered electronic service on a represented party or other represented person under subdivision (c) or (d), the court may electronically serve any document issued by the court that is not required to be personally served in the same manner that parties electronically serve documents. The electronic service of documents by the court shall have the same legal effect as service by mail, except as provided in paragraph (4).
(4)(A)If a document may be served by mail, express mail, overnight delivery, or facsimile transmission, electronic service of that document is deemed complete at the time of the electronic transmission of the document or at the time that the electronic notification of service of the document is sent.
(4)(A)Electronic service of a document is complete at the time of the electronic transmission of the document or at the time that the electronic notification of service of the document is sent. However, any(B)Any period of notice, or any right or duty to do any act or make any response within any period or on a date certain after the service of the document, which time period or date is prescribed by statute or rule of court, shall be extended after service by electronic means by two court days, but the extension shall not apply to extend the time for filing any of the following:
(i)A notice of intention to move for new trial.
(ii)A notice of intention to move to vacate judgment under Section 663a.
(iii)A notice of appeal.
(B)(C)This extension applies in the absence of a specific exception provided by any other statute or rule of court.
(5)Any document that is served electronically between 12:00 a.m. and 11:59:59 p.m. on a court day shall be deemed served on that court day. Any document that is served electronically on a noncourt day shall be deemed served on the next court day.
(6)A party or other person who has provided express consent to accept service electronically may withdraw consent at any time by completing and filing with the court the appropriate Judicial Council form. The Judicial Council shall create the form by January 1, 2019.
(7)Consent, or the withdrawal of consent, to receive electronic service may only be completed by a party or other person entitled to service or that persons attorney.
(8)Confidential or sealed records shall be electronically served through encrypted methods to ensure that the documents are not improperly disclosed.
(b)A trial court may adopt local rules permitting electronic filing of documents, subject to rules adopted pursuant to subdivision (e) and the following conditions:
(1)A document that is filed electronically shall have the same legal effect as an original paper document.
(2)(A)When a document to be filed requires the signature, signature of any person, not under penalty of perjury, of an attorney or a self-represented party, the document shall be deemed to have been signed by that attorney or self-represented party if the person who filed the document electronically.
(B)When a document to be filed requires the signature, under penalty of perjury, of any person, the document shall be deemed to have been signed by that person if filed electronically and if either of the following conditions is satisfied:
(B)When a document to be filed requires the signature, under penalty of perjury, of any person, the document shall be deemed to have been signed by that person if filed electronically and if(i)The person has signed a printed form of the document has been signed by that person before or before, or on the same day as, the date of filing. The attorney or other person filing the document represents, by the act of filing, that the declarant has complied with this section. The attorney or other person filing the document shall maintain the printed form of the document bearing the original signature until final disposition of the case, as defined in subdivision (c) of Section 68151 of the Government Code, and make it available for review and copying upon the request of the court or any party to the action or proceeding in which it is filed.
(ii)The person has signed the document using a computer or other technology pursuant to the procedure set forth in a rule of court adopted by the Judicial Council by January 1, 2019.
(3)Any document that is electronically filed with the court after the close of business on any day shall be deemed to have been filed on the next court day. Close of business, as used in this paragraph, means 5 p.m. or the time at which the court will not accept filing at the courts filing counter, whichever is earlier. received electronically by the court between 12:00 a.m. and 11:59:59 p.m. on a court day shall be deemed filed on that court day. Any document that is received electronically on a noncourt day shall be deemed filed on the next court day.
(4)The court receiving a document filed electronically shall issue a confirmation that the document has been received and filed. The confirmation shall serve as proof that the document has been filed.
(5)Upon electronic filing of a complaint, petition, or other document that must be served with a summons, a trial court, upon request of the party filing the action, shall issue a summons with the court seal and the case number. The court shall keep the summons in its records and may electronically transmit a copy of the summons to the requesting party. Personal service of a printed form of the electronic summons shall have the same legal effect as personal service of an original summons. If a trial court plans to electronically transmit a summons to the party filing a complaint, the court shall immediately, upon receipt of the complaint, notify the attorney or party that a summons will be electronically transmitted to the electronic address given by the person filing the complaint.
(6)The court shall permit a party or attorney to file an application for waiver of court fees and costs, in lieu of requiring the payment of the filing fee, as part of the process involving the electronic filing of a document. The court shall consider and determine the application in accordance with Article 6 (commencing with Section 68630) of Chapter 2 of Title 8 of the Government Code and shall not require the party or attorney to submit any documentation other than that set forth in Article 6 (commencing with Section 68630) of Chapter 2 of Title 8 of the Government Code. Nothing in this section shall require the court to waive a filing fee that is not otherwise waivable.
(7)A fee, if any, charged by the court, an electronic filing manager, or an electronic filing service provider to process a payment for filing fees and other court fees shall not exceed the costs incurred in processing the payment.
(c)If a trial court adopts rules conforming to subdivision (b), it may provide by order that all parties to an action file and serve documents electronically in a class action, a consolidated action, a group of actions, a coordinated action, or an action that is deemed complex under Judicial Council rules, provided that the trial courts order does not cause undue hardship or significant prejudice to any party in the action.
(d)(1)Notwithstanding subdivision (b), the Orange County Superior Court may, by local rule and until July 1, 2014, establish a pilot project to require parties to specified civil actions to electronically file and serve documents, subject to the requirements set forth in paragraphs (1), (2), (4), (5), and (6) of subdivision (b), rules adopted pursuant to subdivision (e), and the following conditions:(d)A trial court may, by local rule, require electronic filing and service in civil actions, subject to the requirements and conditions stated in subdivision (b), the rules adopted by the Judicial Council under subdivision (f), and the following conditions:
(A)(1)The court shall have the ability to maintain the official court record in electronic format for all cases where electronic filing is required.
(B)(2)The court and the parties shall have access to more than one electronic filing service provider capable of electronically filing documents with the court or to electronic filing access directly through the court. The court may charge fees of no more than the actual cost of the electronic filing and service of the documents. Any fees charged by an electronic filing service provider shall be reasonable. The court, an electronic filing manager, or an electronic filing service provider shall waive any fees charged if the court deems a waiver appropriate, including in instances where a party has received a fee waiver.
(C)(3)The court shall have a procedure for the filing of nonelectronic documents in order to prevent the program from causing undue hardship or significant prejudice to any party in an action, including, but not limited to, unrepresented parties. The Judicial Council shall make a form available to allow a party to seek an exemption from mandatory electronic filing and service on the grounds provided in this paragraph.
(D)A court that elects to require electronic filing pursuant to this subdivision may permit documents to be filed electronically until 12 a.m. of the day after the court date that the filing is due, and the filing shall be considered timely. However, if same day service of a document is required, the document shall be electronically filed by 5 p.m. on the court date that the filing is due. Ex parte documents shall be electronically filed on the same date and within the same time period as would be required for the filing of a hard copy of the ex parte documents at the clerks window in the participating county. Documents filed on or after 12 a.m., or filed upon a noncourt day, will be deemed filed on the soonest court day following the filing.(2)If a pilot project is established pursuant to paragraph (1), the Judicial Council shall conduct an evaluation of the pilot project and report to the Legislature, on or before December 31, 2013, on the results of the evaluation. The evaluation shall review, among other things, the cost of the program to participants, cost-effectiveness for the court, effect on unrepresented parties and parties with fee waivers, and ease of use for participants.(4)Unrepresented persons are exempt from mandatory electronic filing and service.
(e)The Judicial Council shall adopt uniform rules for the electronic filing and service of documents in the trial courts of the state, which shall include statewide policies on vendor contracts, privacy, and access to public records, and rules relating to the integrity of electronic service. These rules shall conform to the conditions set forth in this section, as amended from time to time.
(f)The Judicial Council shall, on or before July 1, 2014, shall adopt uniform rules to permit the mandatory electronic filing and service of documents for specified civil actions in the trial courts of the state, which shall be informed by any study performed pursuant to paragraph (2) of subdivision (d) and which shall include statewide policies on vendor contracts, privacy, access to public records, unrepresented parties, parties with fee waivers, hardships, reasonable exceptions to electronic filing, and rules relating to the integrity of electronic service. These rules shall conform to the conditions set forth in this section, as amended from time to time.
(g)(1)Upon the adoption of uniform rules by the Judicial Council for mandatory electronic filing and service of documents for specified civil actions in the trial courts of the state, as specified in subdivision (f), a superior court may, by local rule, require mandatory electronic filing, pursuant to paragraph (2).(2)A superior court that elects to adopt mandatory electronic filing shall do so pursuant to the requirements and conditions set forth in this section, including, but not limited to, paragraphs (1), (2), (4), (5), (6), and (7) of subdivision (b), and subparagraphs (A), (B), and (C) of paragraph (1) of subdivision (d), and pursuant to the rules adopted by the Judicial Council, as specified in subdivision (f).(h)(g)(1)The Judicial Council shall adopt uniform rules to implement this subdivision as soon as practicable, but no later than June 30, 2019.
(2)Any system for the electronic filing and service of documents, including any information technology applications, Internet Web sites, and Web-based applications, used by an electronic service provider or any other vendor or contractor that provides an electronic filing and service system to a trial court, regardless of the case management system used by the trial court, shall satisfy both of the following requirements:
(A)The system shall be accessible to individuals with disabilities, including parties and attorneys with disabilities, in accordance with Section 508 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794d), as amended, the regulations implementing that act set forth in Part 1194 of Title 36 of the Code of Federal Regulations and Appendices A, C, and D of that part, and the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.).
(B)The system shall comply with the Web Content Accessibility Guidelines 2.0 at a Level AA success criteria.
(3)A vendor or contractor that provides an electronic filing and service system to a trial court shall comply with paragraph (2) as soon as practicable, but no later than June 30, 2019. Commencing on the operative date of this subdivision, June 27, 2017, the vendor or contractor shall provide an accommodation to an individual with a disability in accordance with subparagraph (D) of paragraph (4).
(4)A trial court that contracts with an entity for the provision of a system for electronic filing and service of documents shall require the entity, in the trial courts contract with the entity, to do all of the following:
(A)Test and verify that the entitys system complies with this subdivision and provide the verification to the Judicial Council no later than June 30, 2019.
(B)Respond to, and resolve, any complaints regarding the accessibility of the system that are brought to the attention of the entity.
(C)Designate a lead individual to whom any complaints concerning accessibility may be addressed and post the individuals name and contact information on the entitys Internet Web site.
(D)Provide to an individual with a disability, upon request, an accommodation to enable the individual to file and serve documents electronically at no additional charge for any time period that the entity is not compliant with paragraph (2) of this subdivision. Exempting an individual with a disability from mandatory electronic filing and service of documents shall not be deemed an accommodation unless the person chooses that as an accommodation. The vendor or contractor shall clearly state in its Internet Web site that an individual with a disability may request an accommodation and the process for submitting a request for an accommodation.
(5)A trial court that provides electronic filing and service of documents directly to the public shall comply with this subdivision to the same extent as a vendor or contractor that provides electronic filing and services to a trial court.
(6)(A)The Judicial Council shall submit four reports to the appropriate committees of the Legislature relating to the trial courts that have implemented a system of electronic filing and service of documents. The first report is due by June 30, 2018; the second report is due by December 31, 2019; the third report is due by December 31, 2021; and the fourth report is due by December 31, 2023.
(B)The Judicial Councils reports shall include all of the following information:
(i)The name of each court that has implemented a system of electronic filing and service of documents.
(ii)A description of the system of electronic filing and service.
(iii)The name of the entity or entities providing the system.
(iv)A statement as to whether the system complies with this subdivision and, if the system is not fully compliant, a description of the actions that have been taken to make the system compliant.
(7)An entity that contracts with a trial court to provide a system for electronic filing and service of documents shall cooperate with the Judicial Council by providing all information, and by permitting all testing, necessary for the Judicial Council to prepare its reports to the Legislature in a complete and timely manner.
SEC. 3.Section 1011 of the Code of Civil Procedure is amended to read:1011.The service may be personal, by delivery to the party or attorney on whom the service is required to be made, or it may be as follows:
(a)If upon an attorney, service may be made at the attorneys office, by leaving the notice or other papers in an envelope or package clearly labeled to identify the attorney being served, with a receptionist or with a person having charge thereof. If there is no person in the office with whom the notice or papers may be left for purposes of this subdivision at the time service is to be effected, service may be made by leaving them between the hours of nine in the morning and five in the afternoon, in a conspicuous place in the office, or, if the attorneys office is not open so as to admit of that service, then service may be made by leaving the notice or papers at the attorneys residence, with some person of not less than 18 years of age, if the attorneys residence is in the same county with his or her office, and, if the attorneys residence is not known or is not in the same county with his or her office, or, being in the same county, it is not open, or a person 18 years of age or older cannot be found at the attorneys residence, then service may be made by putting the notice or papers, enclosed in a sealed envelope, into the post office or a mail box, subpost office, substation, or mail chute or other like facility regularly maintained by the Government of the United States directed to the attorney at his or her office, if known, and otherwise to the attorneys residence, if known. If neither the attorneys office nor residence is known, service may be made by delivering the notice or papers to the address of the attorney or party of record as designated on the court papers, or by delivering the notice or papers to the clerk of the court, for the attorney.
(b)If upon a party, service shall be made in the manner specifically provided in particular cases, or, if no specific provision is made, service may be made by leaving the notice or other paper at the partys residence, between the hours of eight in the morning and six in the evening, with some person of not less than 18 years of age. If, at the time of attempted service between those hours, a person 18 years of age or older cannot be found at the partys residence, the notice or papers may be served by mail. If the partys residence is not known, service may be made by delivering the notice or papers to the clerk of the court, for that party.
(c)If service is made by electronic service, it shall be made pursuant to Section 1010.6 and applicable rules on electric service in the California Rules of Court.
SEC. 4.Section 1013b is added to the Code of Civil Procedure, to read:1013b.(a)Proof of electronic service may be made by any of the following methods:
(1)An affidavit setting forth the exact title of the document served and filed in the cause, showing the name and residence or business address of the person making the service, showing that he or she is a resident of or employed in the county where the filing occurs, and that he or she is over the age of 18 years.
(2)A certificate setting forth the exact title of the document served and filed in the cause, showing the name and business address of the person making the service, and showing that he or she is an active member of the State Bar of California.
(3)An affidavit setting forth the exact title of the document served and filed in the cause, showing (A) the name and residence or business address of the person making the service, (B) that he or she is a resident of, or employed in, the county where the filing occurs, (C) that he or she is over the age of 18 years, (D) that he or she is readily familiar with the business practice for filing electronically, and (E) that the document would be electronically filed that same day in the ordinary course of business following ordinary business practices.
(4)In case of service by the clerk of a court of record, a certificate by that clerk setting forth the exact title of the document served and filed in the cause, showing the name of the clerk and the name of the court of which he or she is the clerk.
(b)Proof of electronic service shall include all of the following:
(1)The electronic service address and the residence or business address of the person making the electronic service.
(2)The date of electronic service.
(3)The name and electronic service address of the person served.
(4)A statement that the document was served electronically.
(c)Proof of electronic service shall be signed as provided in subparagraph (B) of paragraph (2) of subdivision (b) of Section 1010.6.
(d)Proof of electronic service may be in electronic form and may be filed electronically with the court.
SEC. 4.5.Section 1020 of the Code of Civil Procedure is amended to read:1020.(a)Any notice required by law, other than those required to be given to a party to an action or to his attorney, the service of which is not governed by the other sections of this chapter and which is not otherwise specifically provided for by law, may be given by sending the same by registered mail with proper postage prepaid addressed to the addressees last known address with request for return receipt, and the production of a returned receipt purporting to be signed by the addressee shall create a disputable presumption that such notice was received by the person to whom the notice was required to be sent.
(b)Electronic service is not authorized for a notice that requires certified or registered mail. This subdivision shall become inoperative on January 1, 2022.
SEC. 5.Section 690.5 is added to the Penal Code, to read:690.5.(a)Subdivisions (a) and (b) of Section 1010.6 of the Code of Civil Procedure, pertaining to the permissive filing and service of documents, are applicable to criminal actions, except as otherwise provided in Section 959.1 or any other provision of this code.
(b)The Judicial Council shall adopt uniform rules for the electronic filing and service of documents in criminal cases in the trial courts of this state.
SEC. 6.Section 331 of the Probate Code is amended to read:331.(a)This section applies only to a safe deposit box in a financial institution held by the decedent in the decedents sole name, or held by the decedent and others where all are deceased. Nothing in this section affects the rights of a surviving coholder.
(b)A person who has a key to the safe deposit box may, before letters have been issued, obtain access to the safe deposit box only for the purposes specified in this section by providing the financial institution with both of the following:
(1)Proof of the decedents death. Proof shall be provided by a certified copy of the decedents death certificate or by a written statement of death from the coroner, treating physician, or hospital or institution where the decedent died.
(2)Reasonable proof of the identity of the person seeking access. Reasonable proof of identity is provided for the purpose of this paragraph if the requirements of Section 13104 are satisfied.
(c)The financial institution has no duty to inquire into the truth of any statement, declaration, certificate, affidavit, or document offered as proof of the decedents death or proof of identity of the person seeking access.
(d)If the person seeking access has satisfied the requirements of subdivision (b), the financial institution shall do all of the following:
(1)Keep a record of the identity of the person.
(2)Permit the person to open the safe deposit box under the supervision of an officer or employee of the financial institution, and to make an inventory of its contents.
(3)Make a photocopy of all wills and trust instruments removed from the safe deposit box, and keep the photocopy in the safe deposit box until the contents of the box are removed by the personal representative of the estate or other legally authorized person. The financial institution may charge the person given access a reasonable fee for photocopying.
(4)Permit the person given access to remove instructions for the disposition of the decedents remains, and, after a photocopy is made, to remove the wills and trust instruments.
(e)The person given access shall deliver all wills found in the safe deposit box to the clerk of the superior court and deliver a copy pursuant to Section 1215 to the person named in the will as executor or beneficiary as provided in Section 8200.
(f)Except as provided in subdivision (d), the person given access shall not remove any of the contents of the decedents safe deposit box.
SEC. 7.Section 366 of the Probate Code is amended to read:366.Notice of a hearing under this part shall be delivered pursuant to Section 1215 at least 15 days before the hearing to each fiduciary and consultant, and to the following persons:
(a)In the case of a trust, to each known beneficiary, subject to the provisions of Chapter 2 (commencing with Section 15800) of Part 3 of Division 9.
(b)In the case of a decedents estate, as provided in Section 1220, to both of the following:
(1)Each known heir whose interest in the estate would be affected by the proceedings.
(2)Each known devisee whose interest in the estate would be affected by the proceedings.
(c)In the case of a guardianship or conservatorship estate, as provided in Section 1460.
(d)In other cases, to any additional interested persons required by the court to receive notice.
SEC. 8.Section 453 of the Probate Code is amended to read:453.(a)On petition of a person required to appear before the probate referee pursuant to this chapter, the court may make a protective order to protect the person from annoyance, embarrassment, or oppression. The petitioner shall deliver pursuant to Section 1215 notice of the hearing on the petition to the probate referee and to the personal representative, guardian, conservator, or other fiduciary at least 15 days before the date set for the hearing. Any subpoena issued by the probate referee is stayed during the pendency of the petition.
(b)On petition of the probate referee, the court may make an order to show cause why a person who is required, but fails, to appear before the probate referee pursuant to this chapter, should not be compelled to do so. The probate referee shall deliver pursuant to Section 1215 notice of the hearing on the petition to the person at least 15 days before the date set for the hearing.
SEC. 9.Section 711 of the Probate Code is amended to read:711.If a document deposited with an attorney is lost or destroyed, the attorney shall give notice of the loss or destruction to the depositor by one of the following methods:
(a)By delivering pursuant to Section 1215 the notice to the depositors last known address.
(b)By the method most likely to give the depositor actual notice.
SEC. 10.Section 715 of the Probate Code is amended to read:715.An attorney may give written notice to a depositor, and obtain written acknowledgment from the depositor, in the following form:
NOTICE AND ACKNOWLEDGMENT |
To: | (Name of depositor) |
(Address) |
(City, state, and ZIP) |
(Electronic address) |
I have accepted your will or other estate planning document for safekeeping. I must use ordinary care for preservation of the document.
You must keep me advised of any change in your addresses shown above. If you do not and I cannot return this document to you when necessary, I will no longer be required to use ordinary care for preservation of the document, and I may transfer it to another attorney, or I may transfer it to the clerk of the superior court of the county of your last known domicile, and give notice of the transfer to the State Bar of California.
(Signature of attorney) |
(Address of attorney) |
(City, state, and ZIP) |
(Electronic address) |
My addresses shown above are correct. I understand that I must keep you advised of any change in these addresses.
Dated: |
(Signature of depositor) |
(a)An attorney may terminate a deposit under this section if the attorney has delivered notice pursuant to Section 1215 to reclaim the document to the depositors last known address and the depositor has failed to reclaim the document within 90 days after delivery.
(b)Subject to subdivision (f), an attorney may terminate a deposit under this section by transferring the document to another attorney. All documents transferred under this subdivision shall be transferred to the same attorney.
(c)Subject to subdivision (f), if an attorney is deceased, lacks legal capacity, or is no longer an active member of the State Bar, a deposit may be terminated under this section by transferring the document to the clerk of the superior court of the county of the depositors last known domicile. The attorney shall advise the clerk that the document is being transferred pursuant to this section.
(d)An attorney may not accept a fee or compensation from a transferee for transferring a document under this section. An attorney may charge a fee for receiving a document under this section.
(e)Transfer of a document by an attorney under this section is not a waiver or breach of any privilege or confidentiality associated with the document, and is not a violation of the rules of professional conduct. If the document is privileged under Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code, the document remains privileged after the transfer.
(f)If the document is a will and the attorney has actual notice that the depositor has died, the attorney may terminate a deposit only as provided in Section 734.
SEC. 12.Section 733 of the Probate Code is amended to read:733.(a)An attorney transferring one or more documents under Section 732 shall deliver notice pursuant to Section 1215 of the transfer to the State Bar of California. The notice shall contain all of the following information:
(1)The name of the depositor.
(2)The date of the transfer.
(3)The name, address, and State Bar number of the transferring attorney.
(4)Whether any documents are transferred to an attorney, and the name, address, and State Bar number of the attorney to whom the documents are transferred.
(5)Whether any documents are transferred to a superior court clerk.
(b)The State Bar shall record only one notice of transfer for each transferring attorney. The State Bar shall prescribe the form for the notice of transfer. On request by any person, the State Bar shall give that person information in the notice of transfer. At its sole election, the State Bar may give the information orally or in writing.
SEC. 13.Section 1050 of the Probate Code is amended to read:1050.The judgment roll in a proceeding under this code consists of the following papers, where applicable:
(a)In all cases:
(1)The petition, application, report, or account that initiates a particular proceeding.
(2)Any order directing notice of the hearing to be given.
(3)Any notice of the hearing, and any order to show cause made in the proceeding, with the affidavits showing publication, posting, or delivery pursuant to Section 1215 of the notice or order as may be required by law or court order.
(4)Any citation, in case no answer or written opposition is filed by a party entitled, by law or court order, to notice of the proceeding by citation, with the affidavit or proof of service and, if service of the citation is made by publication, the affidavit of publication and the order directing publication.
(5)Any finding of the court or referee in the proceeding.
(6)The order or statement of decision made in the proceeding.
(7)Any letters, as defined in Section 52.
(b)If an answer, demurrer, written opposition, or counter petition is filed in a proceeding:
(1)Pleadings and papers in the nature of pleadings.
(2)Any orders striking out a pleading in whole or in part.
(3)Any order made on demurrer, or relating to a change of parties, in the proceeding.
(4)The verdict of the jury, if any.
(c)If the proceeding is for the probate of a will, the will.
(d)If the proceeding is a contest of a will, for the revocation of the probate of a will, or for a preliminary or final distribution of the estate under a will:
(1)The will.
(2)The order admitting the will to probate.
(e)If the proceeding is for the settlement of the final account of a personal representative or for the final distribution of an estate, the affidavit showing publication of notice to creditors.
SEC. 14.Section 1209 of the Probate Code is amended to read:1209.(a)If notice is required to be given to the State of California, the notice shall be given to the Attorney General.
(b)If notice is required to be given to the Attorney General, the notice shall be delivered pursuant to Section 1215 to the Attorney General at the office of the Attorney General at Sacramento, California.
SEC. 15.Section 1212 of the Probate Code is amended to read:1212.Unless the court dispenses with the notice, if the address of the person to whom a notice or other paper is required to be delivered pursuant to Section 1215 is not known, notice shall be given as the court may require in the manner provided in Section 413.30 of the Code of Civil Procedure.
SEC. 16.Section 1213 of the Probate Code is amended to read:1213.(a)The following persons shall deliver pursuant to Section 1215 a notice, as described in Section 1211, to a surety who has filed a court bond in a proceeding:
(1)A person who files a petition to surcharge.
(2)A person who files an objection to an account.
(3)A person who files a petition to suspend or remove a guardian, conservator, or personal representative.
(4)An attorney who files a motion to withdraw from representation of a guardian, conservator, or personal representative.
(b)Within five days after entry of an order to suspend or remove a guardian, conservator, or personal representative, the person who filed a petition to suspend or remove a guardian or, if the order to suspend or remove a guardian, conservator, or personal representative was issued upon a motion by the court, the court, shall notify pursuant to Section 1215 the surety who has filed a court bond of the order.
(c)The notice required by this section shall be delivered pursuant to Section 1215 to the addressee listed on the surety bond.
(d)Notwithstanding subdivisions (a) and (b), notice is not required to a surety pursuant to this section if the surety bond is for a guardian, conservator, or personal representative who is not the subject of the petition, motion, or order described in this section.
SEC. 17.Section 1214 of the Probate Code is amended to read:1214.If a notice or other paper is required or permitted to be served or delivered pursuant to Section 1215 to a person who is represented by an attorney of record, the notice or other paper shall also be delivered pursuant to Section 1215 to this attorney, unless otherwise specified in a request for special notice.
SEC. 18.Section 1215 of the Probate Code is amended to read:1215.Unless otherwise expressly provided, a notice or other paper that is required or permitted to be delivered to a person shall be delivered pursuant to one of the following methods:
(a)Delivery by mail.
(1)A notice or other paper shall be delivered by mail as follows:
(A)By first-class mail if the persons address is within the United States. First-class mail includes certified, registered, and express mail.
(B)By international mail if the persons address is not within the United States. International mail includes first-class mail international, priority mail international, priority mail express international, and global express guaranteed.
(2)The notice or other paper shall be deposited for collection in the United States mail, in a sealed envelope, with postage paid, addressed to the person to whom it is mailed.
(3)Subject to Section 1212, the notice or other paper shall be addressed to the person at the persons place of business or place of residence.
(4)Delivery by mail is complete when the notice or other paper is deposited in the mail. The period of notice is not extended.
(b)Personal delivery.
(1)A notice or other paper may be delivered personally to that person.
(2)Personal delivery is complete when the notice or other paper is delivered personally to the person who is to receive it.
(c)Electronic delivery.
(1)A notice or other paper shall not be delivered by electronic means unless the person to receive notice has expressly consented on the appropriate Judicial Council form to receive electronic delivery in the proceeding before the court and has provided an electronic address for that express purpose.
(2)Electronic delivery is complete when the notice or other paper is sent. The period of notice is not extended.
(3)Electronic delivery is not permitted for a notice or other paper that requires delivery by certified or registered mail.
SEC. 19.Section 1216 of the Probate Code is repealed.SEC. 20.Section 1217 of the Probate Code is amended to read:1217.If a notice or other paper is required to be served or otherwise given and no other manner of giving the notice or other paper is specified by statute, the notice or other paper shall be delivered pursuant to Section 1215.
SEC. 21.Section 1220 of the Probate Code is amended to read:1220.(a)If notice of hearing is required to be given as provided in this section:
(1)At least 15 days before the time set for the hearing, the petitioner or the person filing the report, account, or other paper shall cause notice of the time and place of the hearing to be delivered pursuant to Section 1215 to the persons required to be given notice.
(2)Unless the statute requiring notice specifies the persons to be given notice, notice shall be delivered pursuant to Section 1215 to all of the following:
(A)The personal representative.
(B)All persons who have requested special notice in the estate proceeding pursuant to Section 1250.
(3)Subject to Section 1212, the notice shall be delivered pursuant to Section 1215 to the person required to be given notice at the persons place of business, place of residence, or electronic address.
(b)Subject to subdivision (c), this section does not excuse compliance with the requirements for notice to a person who has requested special notice pursuant to Chapter 6 (commencing with Section 1250).
(c)The court for good cause may dispense with the notice otherwise required to be given to a person as provided in this section.
SEC. 22.Section 1250 of the Probate Code is amended to read:1250.(a)At any time after the issuance of letters in a proceeding under this code for the administration of a decedents estate, any person interested in the estate, whether as devisee, heir, creditor, beneficiary under a trust, or as otherwise interested, may, in person or by attorney, file with the court clerk a written request for special notice.
(b)The request for special notice shall be so entitled and shall set forth the name of the person and the address to which notices shall be delivered pursuant to Section 1215.
(c)Special notice may be requested of one or more of the following matters:
(1)Petitions filed in the administration proceeding.
(2)Inventories and appraisals of property in the estate, including any supplemental inventories and appraisals.
(3)Objections to an appraisal.
(4)Accounts of a personal representative.
(5)Reports of status of administration.
(d)Special notice may be requested of any matter in subdivision (c) by describing it, or of all the matters in subdivision (c) by referring generally to the matters described in subdivision (c) of Section 1250 of the Probate Code or by using words of similar meaning.
(e)A copy of the request shall be delivered pursuant to Section 1215 to the personal representative or to the attorney for the personal representative. If personally delivered, the request is effective when it is delivered. If mailed or electronically delivered, the request is effective when it is received.
(f)If the original of the request is filed with the court clerk, it shall be accompanied by a written admission or proof of service.
SEC. 23.Section 1252 of the Probate Code is amended to read:1252.(a)Unless the court makes an order dispensing with the notice, if a request has been made pursuant to Section 1250 for special notice of a hearing, the person filing the petition, report, account, or other paper shall give written notice of the filing, together with a copy of the petition, report, account, or other paper, and the time and place set for the hearing, by delivering the documents pursuant to Section 1215 to the person named in the request at the address set forth in the request, at least 15 days before the time set for the hearing.
(b)If a request has been made pursuant to Section 1250 for special notice of the filing of an inventory and appraisal of the estate or of the filing of any other paper that does not require a hearing, the inventory and appraisal or other paper shall be delivered pursuant to Section 1215 not later than 15 days after the inventory and appraisal or other paper is filed with the court.
SEC. 24.Section 1265 of the Probate Code is amended and renumbered to read:1266.Proof of notice, however given, may be made by evidence presented at the hearing.
SEC. 25.Section 1265 is added to the Probate Code, to read:1265.Proof of electronic delivery may be made in the manner prescribed in Section 1013b of the Code of Civil Procedure.
SEC. 26.Section 1460 of the Probate Code is amended to read:1460.(a)Subject to Sections 1202 and 1203, if notice of hearing is required under this division but the applicable provision does not fix the manner of giving notice of hearing, the notice of the time and place of the hearing shall be given at least 15 days before the day of the hearing as provided in this section.
(b)Subject to subdivision (e), the petitioner, who includes, for purposes of this section, a person filing a petition, report, or account, shall cause the notice of hearing to be delivered pursuant to Section 1215, to each of the following persons:
(1)The guardian or conservator.
(2)The ward or the conservatee.
(3)The spouse of the ward or conservatee, if the ward or conservatee has a spouse, or the domestic partner of the conservatee, if the conservatee has a domestic partner.
(4)Any person who has requested special notice of the matter, as provided in Section 2700.
(5)For any hearing on a petition to terminate a guardianship, to accept the resignation of, or to remove the guardian, the persons described in subdivision (c) of Section 1510.
(6)For any hearing on a petition to terminate a conservatorship, to accept the resignation of, or to remove the conservator, the persons described in subdivision (b) of Section 1821.
(c)The clerk of the court shall cause the notice of the hearing to be posted as provided in Section 1230 if the posting is required by subdivision (c) of Section 2543.
(d)Except as provided in subdivision (e), this section does not excuse compliance with the requirements for notice to a person who has requested special notice pursuant to Chapter 10 (commencing with Section 2700) of Part 4.
(e)The court, for good cause, may dispense with the notice otherwise required to be given to a person as provided in this section.
SEC. 27.Section 1461 of the Probate Code is amended to read:1461.(a)As used in this section, director means:
(1)The Director of State Hospitals when the state hospital referred to in subdivision (b) is under the jurisdiction of the State Department of State Hospitals.
(2)The Director of Developmental Services when the state hospital referred to in subdivision (b) is under the jurisdiction of the State Department of Developmental Services.
(b)Notice of the time and place of hearing on the petition, report, or account, and a copy of the petition, report, or account, shall be delivered pursuant to Section 1215 to the director at the directors office in Sacramento or to the electronic address designated by the director for receipt of notice pursuant to this code, at least 15 days before the hearing if both of the following conditions exist:
(1)The ward or conservatee is or has been during the guardianship or conservatorship proceeding a patient in, or on leave from, a state hospital under the jurisdiction of the State Department of State Hospitals or the State Department of Developmental Services.
(2)The petition, report, or account is filed under any one or more of the following provisions: Section 1510, 1820, 1861, 2212, 2403, 2421, 2422, or 2423; Article 7 (commencing with Section 2540) of Chapter 6 of Part 4; Section 2580, 2592, or 2620; Chapter 9.5 (commencing with Section 2670) of Part 4; Section 3080 or 3088; or Chapter 3 (commencing with Section 3100) of Part 6. Notice under this section is not required in the case of an account pursuant to Section 2620 if the total guardianship or conservatorship assets are less than one thousand five hundred dollars ($1,500) and the gross annual income, exclusive of any public assistance income, is less than six thousand dollars ($6,000), and the ward or conservatee is not a patient in, or on leave or on outpatient status from, a state hospital at the time of the filing of the petition.
(c)If the ward or conservatee has been discharged from the state hospital, the director, upon ascertaining the facts, may file with the court a certificate stating that the ward or conservatee is not indebted to the state and waive the giving of further notices under this section. Upon the filing of the certificate of the director, compliance with this section thereafter is not required unless the certificate is revoked by the director and notice of the revocation is filed with the court.
(d)The statute of limitations does not run against any claim of the State Department of State Hospitals or the State Department of Developmental Services against the estate of the ward or conservatee for board, care, maintenance, or transportation with respect to an account that is settled without giving the notice required by this section.
SEC. 28.Section 1461.4 of the Probate Code is amended to read:1461.4.(a)The petitioner shall deliver pursuant to Section 1215 a notice of the hearing and a copy of the petition to the director of the regional center for the developmentally disabled at least 30 days before the day of the hearing on a petition for appointment in any case in which all of the following conditions exist:
(1)The proposed ward or conservatee has developmental disabilities.
(2)The proposed guardian or conservator is not the natural parent of the proposed ward or conservatee.
(3)The proposed guardian or conservator is a provider of board and care, treatment, habilitation, or other services to persons with developmental disabilities or is a spouse or employee of a provider.
(4)The proposed guardian or conservator is not a public entity.
(b)The regional center shall file a written report and recommendation with the court regarding the suitability of the petitioners to meet the needs of the proposed ward or conservatee in any case described in subdivision (a).
SEC. 29.Section 1461.5 of the Probate Code is amended to read:1461.5.Notice of the time and place of hearing on a petition, report, or account, and a notice of the filing of an inventory, together with a copy of the petition, report, inventory, or account, shall be delivered pursuant to Section 1215 to the office of the Veterans Administration having jurisdiction over the area in which the court is located at least 15 days before the hearing, or within 15 days after the inventory is filed, if both of the following conditions exist:
(a)The guardianship or conservatorship estate consists or will consist wholly or in part of any of the following:
(1)Money received from the Veterans Administration.
(2)Revenue or profit from such money or from property acquired wholly or in part from such money.
(3)Property acquired wholly or in part with such money or from such property.
(b)The petition, report, inventory, or account is filed under any one or more of the following provisions: Section 1510, 1601, 1820, 1861, 1874, 2422, or 2423; Article 7 (commencing with Section 2540) of Chapter 6 of Part 4; Section 2570, 2571, 2580, 2592, 2610, 2613, or 2620; Chapter 8 (commencing with Section 2640) of Part 4; Chapter 9.5 (commencing with Section 2670) of Part 4; Section 3080 or 3088; or Chapter 3 (commencing with Section 3100) of Part 6.
SEC. 30.Section 1511 of the Probate Code is amended to read:1511.(a)Except as provided in subdivisions (f) and (g), at least 15 days before the hearing on the petition for the appointment of a guardian, notice of the time and place of the hearing shall be given as provided in subdivisions (b), (c), (d), and (e) of this section. The notice shall be accompanied by a copy of the petition. The court shall not shorten the time for giving the notice of hearing under this section.
(b)Notice shall be served in the manner provided in Section 415.10 or 415.30 of the Code of Civil Procedure, or in any manner authorized by the court, on all of the following persons:
(1)The proposed ward if 12 years of age or older.
(2)Any person having legal custody of the proposed ward, or serving as guardian of the estate of the proposed ward.
(3)The parents of the proposed ward.
(4)Any person nominated as a guardian for the proposed ward under Section 1500 or 1501.
(c)Notice shall be delivered pursuant to Section 1215 to the addresses stated in the petition, or in any manner authorized by the court, to all of the following:
(1)The spouse named in the petition.
(2)The relatives named in the petition, except that if the petition is for the appointment of a guardian of the estate only the court may dispense with the giving of notice to any one or more or all of the relatives.
(3)The person having the care of the proposed ward if other than the person having legal custody of the proposed ward.
(d)If notice is required by Section 1461 or 1542 to be given to the Director of State Hospitals or the Director of Developmental Services or the Director of Social Services, notice shall be delivered pursuant to Section 1215 as required.
(e)If the petition states that the proposed ward is receiving or is entitled to receive benefits from the Veterans Administration, notice shall be delivered pursuant to Section 1215 to the office of the Veterans Administration referred to in Section 1461.5.
(f)Unless the court orders otherwise, notice shall not be given to any of the following:
(1)The parents or other relatives of a proposed ward who has been relinquished to a licensed adoption agency.
(2)The parents of a proposed ward who has been judicially declared free from their custody and control.
(g)Notice need not be given to any person if the court so orders upon a determination of either of the following:
(1)The person cannot with reasonable diligence be given the notice.
(2)The giving of the notice would be contrary to the interest of justice.
(h)Before the appointment of a guardian is made, proof shall be made to the court that each person entitled to notice under this section either:
(1)Has been given notice as required by this section.
(2)Has not been given notice as required by this section because the person cannot with reasonable diligence be given the notice or because the giving of notice to that person would be contrary to the interest of justice.
(i)If notice is required by Section 1460.2 to be given to an Indian custodian or tribe, notice shall be mailed as required.
SEC. 31.Section 1513.2 of the Probate Code is amended to read:1513.2.(a)To the extent resources are available, the court shall implement procedures, as described in this section, to ensure that every guardian annually completes and returns to the court a status report, including the statement described in subdivision (b). A guardian who willfully submits any material information required by the form which he or she knows to be false shall be guilty of a misdemeanor. Not later than one month before the date the status report is required to be returned, the clerk of the court shall deliver a notice pursuant to Section 1215 to the guardian informing the guardian that he or she is required to complete and return the status report to the court. The clerk shall enclose with the letter a blank status report form for the guardian to complete and return. If the status report is not completed and returned as required, or if the court finds, after a status report has been completed and returned, that further information is needed, the court shall attempt to obtain the information required in the report from the guardian or other sources. If the court is unable to obtain this information within 30 days after the date the status report is due, the court shall either order the guardian to make himself or herself available to the investigator for purposes of investigation of the guardianship, or to show cause why the guardian should not be removed.
(b)The Judicial Council shall develop a form for the status report. The form shall include the following statement: A guardian who willfully submits any material information required by this form which he or she knows to be false is guilty of a misdemeanor. The form shall request information the Judicial Council deems necessary to determine the status of the guardianship, including, but not limited to, the following:
(1)The guardians present address and electronic address.
(2)The name and birth date of the child under guardianship.
(3)The name of the school in which the child is enrolled, if any.
(4)If the child is not in the guardians home, the name, relationship, address, electronic address, and telephone number of the person or persons with whom the child resides.
(5)If the child is not in the guardians home, why the child was moved.
(c)The report authorized by this section is confidential and shall only be made available to persons who have been served in the proceedings or their attorneys. The clerk of the court shall implement procedures for the limitation of the report exclusively to persons entitled to its receipt.
SEC. 32.Section 1516 of the Probate Code is amended to read:1516.(a)In each case involving a petition for guardianship of the person, the petitioner shall deliver pursuant to Section 1215 a notice of the hearing and a copy of the petition, at least 15 days before the hearing, to the local agency designated by the board of supervisors to investigate guardianships for the court. The local social services agency providing child protection services shall screen the name of the guardian for prior referrals of neglect or abuse of minors. The results of this screening shall be provided to the court.
(b)This section does not apply to guardianships resulting from a permanency plan for a dependent child pursuant to Section 366.25 of the Welfare and Institutions Code.
SEC. 33.Section 1542 of the Probate Code is amended to read:1542.In each case involving a petition for guardianship of the person, the petitioner shall deliver pursuant to Section 1215 a notice of the hearing and a copy of the petition, at least 15 days before the hearing, to the Director of Social Services at the directors office in Sacramento and to the local agency designated by the board of supervisors to investigate guardianships for the court.
SEC. 34.Section 1822 of the Probate Code is amended to read:1822.(a)At least 15 days before the hearing on the petition for appointment of a conservator, notice of the time and place of the hearing shall be given as provided in this section. The notice shall be accompanied by a copy of the petition. The court shall not shorten the time for giving the notice of hearing under this section.
(b)Notice shall be delivered pursuant to Section 1215 to the following persons:
(1)The spouse, if any, or registered domestic partner, if any, of the proposed conservatee at the address stated in the petition.
(2)The relatives named in the petition at their addresses stated in the petition.
(c)If notice is required by Section 1461 to be given to the Director of State Hospitals or the Director of Developmental Services, notice shall be delivered pursuant to Section 1215 as required.
(d)If the petition states that the proposed conservatee is receiving or is entitled to receive benefits from the Veterans Administration, notice shall be mailed to the Office of the Veterans Administration referred to in Section 1461.5.
(e)If the proposed conservatee is a person with developmental disabilities, at least 30 days before the day of the hearing on the petition, the petitioner shall deliver pursuant to Section 1215 a notice of the hearing and a copy of the petition to the regional center identified in Section 1827.5.
(f)If the petition states that the petitioner and the proposed conservator have no prior relationship with the proposed conservatee and are not nominated by a family member, friend, or other person with a relationship to the proposed conservatee, notice shall be delivered pursuant to Section 1215 to the public guardian of the county in which the petition is filed.
SEC. 35.Section 1826 of the Probate Code is amended to read:1826.(a)Regardless of whether the proposed conservatee attends the hearing, the court investigator shall do all of the following:
(1)Conduct the following interviews:
(A)The proposed conservatee personally.
(B)All petitioners and all proposed conservators who are not petitioners.
(C)The proposed conservatees spouse or registered domestic partner and relatives within the first degree. If the proposed conservatee does not have a spouse, registered domestic partner, or relatives within the first degree, to the greatest extent possible, the proposed conservatees relatives within the second degree.
(D)To the greatest extent practical and taking into account the proposed conservatees wishes, the proposed conservatees relatives within the second degree not required to be interviewed under subparagraph (C), neighbors, and, if known, close friends.
(2)Inform the proposed conservatee of the contents of the citation, of the nature, purpose, and effect of the proceeding, and of the right of the proposed conservatee to oppose the proceeding, to attend the hearing, to have the matter of the establishment of the conservatorship tried by jury, to be represented by legal counsel if the proposed conservatee so chooses, and to have legal counsel appointed by the court if unable to retain legal counsel.
(3)Determine if it appears that the proposed conservatee is unable to attend the hearing and, if able to attend, whether the proposed conservatee is willing to attend the hearing.
(4)Review the allegations of the petition as to why the appointment of the conservator is required and, in making his or her determination, do the following:
(A)Refer to the supplemental information form submitted by the petitioner and consider the facts set forth in the form that address each of the categories specified in paragraphs (1) to (5), inclusive, of subdivision (a) of Section 1821.
(B)Consider, to the extent practicable, whether he or she believes the proposed conservatee suffers from any of the mental function deficits listed in subdivision (a) of Section 811 that significantly impairs the proposed conservatees ability to understand and appreciate the consequences of his or her actions in connection with any of the functions described in subdivision (a) or (b) of Section 1801 and identify the observations that support that belief.
(5)Determine if the proposed conservatee wishes to contest the establishment of the conservatorship.
(6)Determine if the proposed conservatee objects to the proposed conservator or prefers another person to act as conservator.
(7)Determine if the proposed conservatee wishes to be represented by legal counsel and, if so, whether the proposed conservatee has retained legal counsel and, if not, the name of an attorney the proposed conservatee wishes to retain.
(8)(A)Determine if the proposed conservatee is incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and may be disqualified from voting pursuant to Section 2208 of the Elections Code.
(B)The proposed conservatee shall not be disqualified from voting on the basis that he or she does, or would need to do, any of the following to complete an affidavit of voter registration:
(i)Signs the affidavit of voter registration with a mark or a cross pursuant to subdivision (b) of Section 2150 of the Elections Code.
(ii)Signs the affidavit of voter registration by means of a signature stamp pursuant to Section 354.5 of the Elections Code.
(iii)Completes the affidavit of voter registration with the assistance of another person pursuant to subdivision (d) of Section 2150 of the Elections Code.
(iv)Completes the affidavit of voter registration with reasonable accommodations.
(9)If the proposed conservatee has not retained legal counsel, determine if the proposed conservatee desires the court to appoint legal counsel.
(10)Determine if the appointment of legal counsel would be helpful to the resolution of the matter or is necessary to protect the interests of the proposed conservatee in a case where the proposed conservatee does not plan to retain legal counsel and has not requested the appointment of legal counsel by the court.
(11)Report to the court in writing, at least five days before the hearing, concerning all of the foregoing, including the proposed conservatees express communications concerning both of the following:
(A)Representation by legal counsel.
(B)If the proposed conservatee is not willing to attend the hearing, does not wish to contest the establishment of the conservatorship, and does not object to the proposed conservator or prefers that another person act as conservator.
(12)Deliver pursuant to Section 1215, at least five days before the hearing, a copy of the report referred to in paragraph (11) to all of the following:
(A)The attorney, if any, for the petitioner.
(B)The attorney, if any, for the proposed conservatee.
(C)The proposed conservatee.
(D)The spouse, registered domestic partner, and relatives within the first degree of the proposed conservatee who are required to be named in the petition for appointment of the conservator, unless the court determines that the delivery will harm the conservatee.
(E)Any other persons as the court orders.
(b)The court investigator has discretion to release the report required by this section to the public conservator, interested public agencies, and the long-term care ombudsperson.
(c)The report required by this section is confidential and shall be made available only to parties, persons described in paragraph (12) of subdivision (a), persons given notice of the petition who have requested this report or who have appeared in the proceedings, their attorneys, and the court. The court has discretion at any other time to release the report, if it would serve the interests of the conservatee. The clerk of the court shall provide for the limitation of the report exclusively to persons entitled to its receipt.
(d)This section does not apply to a proposed conservatee who has personally executed the petition for conservatorship, or a proposed conservatee who has nominated his or her own conservator, if he or she attends the hearing.
(e)If the court investigator has performed an investigation within the preceding six months and furnished a report thereon to the court, the court may order, upon good cause shown, that another investigation is not necessary or that a more limited investigation may be performed.
(f)An investigation by the court investigator related to a temporary conservatorship also may be a part of the investigation for the general petition for conservatorship, but the court investigator shall make a second visit to the proposed conservatee and the report required by this section shall include the effect of the temporary conservatorship on the proposed conservatee.
(g)The Judicial Council shall, on or before January 1, 2009, adopt rules of court and Judicial Council forms as necessary to implement an expedited procedure to authorize, by court order, a proposed conservatees health care provider to disclose confidential medical information about the proposed conservatee to a court investigator pursuant to federal medical information privacy regulations promulgated under the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191).
(h)A superior court shall not be required to perform any duties imposed pursuant to the amendments to this section enacted by Chapter 493 of the Statutes of 2006 until the Legislature makes an appropriation identified for this purpose.
SEC. 36.Section 1827.5 of the Probate Code is amended to read:1827.5.(a)In the case of any proceeding to establish a limited conservatorship for a person with developmental disabilities, within 30 days after the filing of a petition for limited conservatorship, a proposed limited conservatee, with his or her consent, shall be assessed at a regional center as provided in Chapter 5 (commencing with Section 4620) of Division 4.5 of the Welfare and Institutions Code. The regional center shall submit a written report of its findings and recommendations to the court.
(b)In the case of any proceeding to establish a general conservatorship for a person with developmental disabilities, the regional center, with the consent of the proposed conservatee, may prepare an assessment as provided in Chapter 5 (commencing with Section 4620) of Division 4.5 of the Welfare and Institutions Code. If an assessment is prepared, the regional center shall submit its findings and recommendations to the court.
(c)(1)A report prepared under subdivision (a) or (b) shall include a description of the specific areas, nature, and degree of disability of the proposed conservatee or proposed limited conservatee. The findings and recommendations of the regional center are not binding upon the court.
(2)In a proceeding where the petitioner is a provider of board and care, treatment, habilitation, or other services to persons with developmental disabilities or a spouse or employee of a provider, is not the natural parent of the proposed conservatee or proposed limited conservatee, and is not a public entity, the regional center shall include a recommendation in its report concerning the suitability of the petitioners to meet the needs of the proposed conservatee or proposed limited conservatee.
(d)At least five days before the hearing on the petition, the regional center shall deliver pursuant to Section 1215 a copy of the report described in subdivision (a) to all of the following:
(1)The proposed limited conservatee.
(2)The attorney, if any, for the proposed limited conservatee.
(3)If the petitioner is not the proposed limited conservatee, the attorney for the petitioner or the petitioner if the petitioner does not have an attorney.
(4)Any other persons as the court orders.
(e)The report referred to in subdivisions (a) and (b) shall be confidential and shall be made available only to parties listed in subdivision (d) unless the court, in its discretion, determines that the release of the report would serve the interests of the conservatee who is developmentally disabled. The clerk of the court shall limit disclosure of the report exclusively to persons entitled under this section.
SEC. 37.Section 1830 of the Probate Code is amended to read:1830.(a)The order appointing the conservator shall contain, among other things, the names, addresses, and telephone numbers of:
(1)The conservator.
(2)The conservatees attorney, if any.
(3)The court investigator, if any.
(b)In the case of a limited conservator for a developmentally disabled adult, any order the court issues shall include the findings of the court specified in Section 1828.5. The order shall specify the powers granted to and duties imposed upon the limited conservator, which powers and duties shall not exceed the powers and duties applicable to a conservator under this code. The order shall also specify all of the following:
(1)The properties of the limited conservatee to which the limited conservator is entitled to possession and management, giving a description of the properties that will be sufficient to identify them.
(2)The debts, rentals, wages, or other claims due to the limited conservatee which the limited conservator is entitled to collect, or file suit with respect to, if necessary, and thereafter to possess and manage.
(3)The contractual or other obligations which the limited conservator may incur on behalf of the limited conservatee.
(4)The claims against the limited conservatee which the limited conservator may pay, compromise, or defend, if necessary.
(5)Any other powers, limitations, or duties with respect to the care of the limited conservatee or the management of the property specified in this subdivision by the limited conservator which the court shall specifically and expressly grant.
(c)An information notice of the rights of conservatees shall be attached to the order. The conservator shall deliver pursuant to Section 1215 the order and the attached information notice to the conservatee and the conservatees relatives, as set forth in subdivision (b) of Section 1821, within 30 days of the issuance of the order. By January 1, 2008, the Judicial Council shall develop the notice required by this subdivision.
SEC. 38.Section 1842 of the Probate Code is amended to read:1842.In addition to the persons and entities to whom notice of hearing is required under Section 1822 or 2002, if the proposed conservatee is an absentee, a copy of the petition and notice of the time and place of the hearing shall be delivered pursuant to Section 1215 at least 15 days before the hearing to the secretary concerned or to the head of the United States department or agency concerned, as the case may be. In that case, notice shall also be published pursuant to Section 6061 of the Government Code in a newspaper of general circulation in the county in which the hearing will be held.
SEC. 39.Section 1847 of the Probate Code is amended to read:1847.In addition to the persons and entities to whom notice of hearing is required under Section 1822 or 2002, if the proposed conservatee is a person who is missing and whose whereabouts is unknown:
(a)A copy of the petition for appointment of a conservator and notice of the time and place of the hearing on the petition shall be delivered pursuant to Section 1215 at least 15 days before the hearing to the proposed conservatee at the last known address of the proposed conservatee.
(b)Notice of the time and place of the hearing shall also be published pursuant to Section 6061 of the Government Code in a newspaper of general circulation in the county in which the proposed conservatee was last known to reside if the proposed conservatees last known address is in this state.
(c)Pursuant to Section 1202, the court may require that further or additional notice of the hearing be given.
SEC. 40.Section 1851 of the Probate Code is amended to read:1851.(a)(1)If court review is required pursuant to Section 1850, the court investigator shall, without prior notice to the conservator except as ordered by the court for necessity or to prevent harm to the conservatee, visit the conservatee. The court investigator shall inform the conservatee personally that the conservatee is under a conservatorship and shall give the name of the conservator to the conservatee. The court investigator shall determine all of the following:
(A)If the conservatee wishes to petition the court for termination of the conservatorship.
(B)If the conservatee is still in need of the conservatorship.
(C)If the conservator is acting in the best interests of the conservatee. In determining if the conservator is acting in the best interests of the conservatee, the court investigators evaluation shall include an examination of the conservatees placement, the quality of care, including physical and mental treatment, and the conservatees finances. To the extent practicable, the investigator shall review the accounting with a conservatee who has sufficient capacity. To the greatest extent possible, the court investigator shall interview individuals set forth in paragraph (1) of subdivision (a) of Section 1826, in order to determine if the conservator is acting in the best interests of the conservatee.
(D)(i)If the conservatee is incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process and may be disqualified from voting pursuant to Section 2208 or 2209 of the Elections Code.
(ii)The conservatee shall not be disqualified from voting on the basis that he or she does, or would need to do, any of the following to complete an affidavit of voter registration:
(I)Signs the affidavit of voter registration with a mark or a cross pursuant to subdivision (b) of Section 2150 of the Elections Code.
(II)Signs the affidavit of voter registration by means of a signature stamp pursuant to Section 354.5 of the Elections Code.
(III)Completes the affidavit of voter registration with the assistance of another person pursuant to subdivision (d) of Section 2150 of the Elections Code.
(IV)Completes the affidavit of voter registration with reasonable accommodations.
(2)If the court has made an order under Chapter 4 (commencing with Section 1870), the court investigator shall determine if the present condition of the conservatee is such that the terms of the order should be modified or the order revoked.
(3)Upon request of the court investigator, the conservator shall make available to the court investigator during the investigation for inspection and copying all books and records, including receipts and any expenditures, of the conservatorship.
(b)(1)The findings of the court investigator, including the facts upon which the findings are based, shall be certified in writing to the court not less than 15 days before the date of review. A copy of the report shall be delivered pursuant to Section 1215 to the conservator and to the attorneys of record for the conservator and conservatee at the same time it is certified to the court. A copy of the report, modified as set forth in paragraph (2), also shall be delivered pursuant to Section 1215 to the conservatees spouse or registered domestic partner, the conservatees relatives in the first degree, and, if there are no such relatives, to the next closest relative, unless the court determines that the delivery will harm the conservatee.
(2)Confidential medical information and confidential information from the California Law Enforcement Telecommunications System shall be in a separate attachment to the report and shall not be provided in copies sent to the conservatees spouse or registered domestic partner, the conservatees relatives in the first degree, and, if there are no such relatives, to the next closest relative.
(c)In the case of a limited conservatee, the court investigator shall recommend continuing or terminating the limited conservatorship.
(d)The court investigator may personally visit the conservator and other persons as may be necessary to determine if the conservator is acting in the best interests of the conservatee.
(e)The report required by this section shall be confidential and shall be made available only to parties, persons described in subdivision (b), persons given notice of the petition who have requested the report or who have appeared in the proceeding, their attorneys, and the court. The court shall have discretion at any other time to release the report if it would serve the interests of the conservatee. The clerk of the court shall limit disclosure of the report exclusively to persons entitled to the report under this section.
(f)A superior court is not required to perform any duties imposed pursuant to the amendments to this section enacted by Chapter 493 of the Statutes of 2006 until the Legislature makes an appropriation identified for this purpose.
SEC. 41.Section 2214 of the Probate Code is amended to read:2214.Notice of the hearing shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1. In addition, the petitioner shall deliver pursuant to Section 1215 a notice of the time and place of the hearing and a copy of the petition to all persons required to be listed in the petition at least 15 days before the date set for the hearing.
SEC. 42.Section 2250 of the Probate Code is amended to read:2250.(a)On or after the filing of a petition for appointment of a guardian or conservator, any person entitled to petition for appointment of the guardian or conservator may file a petition for appointment of:
(1)A temporary guardian of the person or estate, or both.
(2)A temporary conservator of the person or estate, or both.
(b)The petition shall state facts that establish good cause for appointment of the temporary guardian or temporary conservator. The court, upon that petition or other showing as it may require, may appoint a temporary guardian of the person or estate, or both, or a temporary conservator of the person or estate, or both, to serve pending the final determination of the court upon the petition for the appointment of the guardian or conservator.
(c)If the petitioner, proposed guardian, or proposed conservator is a professional fiduciary, as described in Section 2340, who is required to be licensed under the Professional Fiduciaries Act (Chapter 6 (commencing with Section 6500) of Division 3 of the Business and Professions Code), the petition for appointment of a temporary guardian or temporary conservator shall include the following:
(1)The petitioners, proposed guardians, or proposed conservators proposed hourly fee schedule or another statement of his or her proposed compensation from the estate of the proposed ward or proposed conservatee for services performed as a guardian or conservator. The petitioners, proposed guardians, or proposed conservators provision of a proposed hourly fee schedule or another statement of his or her proposed compensation, as required by this paragraph, shall not preclude a court from later reducing the petitioners, proposed guardians, or proposed conservators fees or other compensation.
(2)Unless a petition for appointment of a guardian or conservator that contains the statements required by this paragraph is filed together with a petition for appointment of a temporary guardian or temporary conservator, both of the following:
(A)A statement of the petitioners, proposed guardians, or proposed conservators registration or license information.
(B)A statement explaining who engaged the petitioner, proposed guardian, or proposed conservator or how the petitioner, proposed guardian, or proposed conservator was engaged to file the petition for appointment of a temporary guardian or temporary conservator or to agree to accept the appointment as temporary guardian or temporary conservator and what prior relationship the petitioner, proposed guardian, or proposed conservator had with the proposed ward or proposed conservatee or the proposed wards or proposed conservatees family or friends.
(d)If the petition is filed by a party other than the proposed conservatee, the petition shall include a declaration of due diligence showing both of the following:
(1)Either the efforts to find the proposed conservatees relatives named in the petition for appointment of a general conservator or why it was not feasible to contact any of them.
(2)Either the preferences of the proposed conservatee concerning the appointment of a temporary conservator and the appointment of the proposed temporary conservator or why it was not feasible to ascertain those preferences.
(e)Unless the court for good cause otherwise orders, at least five court days before the hearing on the petition, notice of the hearing shall be given as follows:
(1)Notice of the hearing shall be personally delivered to the proposed ward if he or she is 12 years of age or older, to the parent or parents of the proposed ward, and to any person having a valid visitation order with the proposed ward that was effective at the time of the filing of the petition. Notice of the hearing shall not be delivered to the proposed ward if he or she is under 12 years of age. In a proceeding for temporary guardianship of the person, evidence that a custodial parent has died or become incapacitated, and that the petitioner or proposed guardian is the nominee of the custodial parent, may constitute good cause for the court to order that this notice not be delivered.
(2)Notice of the hearing shall be personally delivered to the proposed conservatee, and notice of the hearing shall be delivered pursuant to Section 1215 on the persons required to be named in the petition for appointment of conservator. If the petition states that the petitioner and the proposed conservator have no prior relationship with the proposed conservatee and have not been nominated by a family member, friend, or other person with a relationship to the proposed conservatee, notice of hearing shall be delivered pursuant to Section 1215 on the public guardian of the county in which the petition is filed.
(3)A copy of the petition for temporary appointment shall be delivered pursuant to Section 1215 with the notice of hearing.
(f)If a temporary guardianship is granted ex parte and the hearing on the general guardianship petition is not to be held within 30 days of the granting of the temporary guardianship, the court shall set a hearing within 30 days to reconsider the temporary guardianship. Notice of the hearing for reconsideration of the temporary guardianship shall be provided pursuant to Section 1511, except that the court may for good cause shorten the time for the notice of the hearing.
(g)Visitation orders with the proposed ward granted before the filing of a petition for temporary guardianship shall remain in effect, unless for good cause the court orders otherwise.
(h)(1)If a temporary conservatorship is granted ex parte, and a petition to terminate the temporary conservatorship is filed more than 15 days before the first hearing on the general petition for appointment of conservator, the court shall set a hearing within 15 days of the filing of the petition for termination of the temporary conservatorship to reconsider the temporary conservatorship. Unless the court otherwise orders, notice of the hearing on the petition to terminate the temporary conservatorship shall be given at least 10 days before the hearing.
(2)If a petition to terminate the temporary conservatorship is filed within 15 days before the first hearing on the general petition for appointment of conservator, the court shall set the hearing at the same time that the hearing on the general petition is set. Unless the court otherwise orders, notice of the hearing on the petition to terminate the temporary conservatorship pursuant to this section shall be given at least five court days before the hearing.
(i)If the court suspends powers of the guardian or conservator under Section 2334 or 2654 or under any other provision of this division, the court may appoint a temporary guardian or conservator to exercise those powers until the powers are restored to the guardian or conservator or a new guardian or conservator is appointed.
(j)If for any reason a vacancy occurs in the office of guardian or conservator, the court, on a petition filed under subdivision (a) or on its own motion, may appoint a temporary guardian or conservator to exercise the powers of the guardian or conservator until a new guardian or conservator is appointed.
(k)On or before January 1, 2008, the Judicial Council shall adopt a rule of court that establishes uniform standards for good cause exceptions to the notice required by subdivision (e), limiting those exceptions to only cases when waiver of the notice is essential to protect the proposed conservatee or ward, or the estate of the proposed conservatee or ward, from substantial harm.
(l)A superior court shall not be required to perform any duties imposed pursuant to the amendments to this section enacted by Chapter 493 of the Statutes 2006 until the Legislature makes an appropriation identified for this purpose.
SEC. 43.Section 2352 of the Probate Code is amended to read:2352.(a)The guardian may establish the residence of the ward at any place within this state without the permission of the court. The guardian shall select the least restrictive appropriate residence that is available and necessary to meet the needs of the ward, and that is in the best interests of the ward.
(b)The conservator may establish the residence of the conservatee at any place within this state without the permission of the court. The conservator shall select the least restrictive appropriate residence, as described in Section 2352.5, that is available and necessary to meet the needs of the conservatee, and that is in the best interests of the conservatee.
(c)If permission of the court is first obtained, a guardian or conservator may establish the residence of a ward or conservatee at a place not within this state. Notice of the hearing on the petition to establish the residence of the ward or conservatee out of state, together with a copy of the petition, shall be given in the manner required by subdivision (a) of Section 1460 to all persons entitled to notice under subdivision (b) of Section 1511 or subdivision (b) of Section 1822.
(d)(1)An order under subdivision (c) relating to a ward shall require the guardian either to return the ward to this state, or to cause a guardianship proceeding or its equivalent to be commenced in the place of the new residence, when the ward has resided in the place of new residence for a period of four months or a longer or shorter period specified in the order.
(2)An order under subdivision (c) relating to a conservatee shall require the conservator to do one of the following when the conservatee has resided in the other state for a period of four months or a longer or shorter period specified in the order:
(A)Return the conservatee to this state.
(B)Petition for transfer of the conservatorship to the other state under Article 3 (commencing with Section 2001) of Chapter 8 of Part 3 and corresponding law of the other state.
(C)Cause a conservatorship proceeding or its equivalent to be commenced in the other state.
(e)(1)The guardian or conservator shall file a notice of change of residence with the court within 30 days of the date of the change. The guardian or conservator shall include in the notice of change of residence a declaration stating that the wards or conservatees change of residence is consistent with the standard described in subdivision (b).
(2)The guardian or conservator shall deliver pursuant to Section 1215 a copy of the notice to all persons entitled to notice under subdivision (b) of Section 1511 or subdivision (b) of Section 1822 and shall file proof of delivery of the notice with the court. The court may, for good cause, waive the delivery requirement pursuant to this paragraph in order to prevent harm to the conservatee or ward.
(3)If the guardian or conservator proposes to remove the ward or conservatee from his or her personal residence, except as provided by subdivision (c), the guardian or conservator shall deliver pursuant to Section 1215 a notice of his or her intention to change the residence of the ward or conservatee to all persons entitled to notice under subdivision (b) of Section 1511 and subdivision (b) of Section 1822. In the absence of an emergency, that notice shall be delivered at least 15 days before the proposed removal of the ward or conservatee from his or her personal residence. If the notice is delivered less than 15 days before the proposed removal of the ward or conservatee, the guardian or conservator shall set forth the basis for the emergency in the notice. The guardian or conservator shall file proof of delivery of that notice with the court.
(f)This section does not apply where the court has made an order under Section 2351 pursuant to which the conservatee retains the right to establish his or her own residence.
(g)As used in this section, guardian or conservator includes a proposed guardian or proposed conservator and ward or conservatee includes a proposed ward or proposed conservatee.
(h)This section does not apply to a person with developmental disabilities for whom the Director of Developmental Services or a regional center, established pursuant to Chapter 5 (commencing with Section 4620) of Division 4.5 of the Welfare and Institutions Code, acts as the conservator.
SEC. 44.Section 2357 of the Probate Code is amended to read:2357.(a)As used in this section:
(1)Guardian or conservator includes a temporary guardian of the person or a temporary conservator of the person.
(2)Ward or conservatee includes a person for whom a temporary guardian of the person or temporary conservator of the person has been appointed.
(b)If the ward or conservatee requires medical treatment for an existing or continuing medical condition which is not authorized to be performed upon the ward or conservatee under Section 2252, 2353, 2354, or 2355, and the ward or conservatee is unable to give an informed consent to this medical treatment, the guardian or conservator may petition the court under this section for an order authorizing the medical treatment and authorizing the guardian or conservator to consent on behalf of the ward or conservatee to the medical treatment.
(c)The petition shall state, or set forth by medical affidavit attached thereto, all of the following so far as is known to the petitioner at the time the petition is filed:
(1)The nature of the medical condition of the ward or conservatee which requires treatment.
(2)The recommended course of medical treatment which is considered to be medically appropriate.
(3)The threat to the health of the ward or conservatee if authorization to consent to the recommended course of treatment is delayed or denied by the court.
(4)The predictable or probable outcome of the recommended course of treatment.
(5)The medically available alternatives, if any, to the course of treatment recommended.
(6)The efforts made to obtain an informed consent from the ward or conservatee.
(7)The name and addresses, so far as they are known to the petitioner, of the persons specified in subdivision (c) of Section 1510 in a guardianship proceeding or subdivision (b) of Section 1821 in a conservatorship proceeding.
(d)Upon the filing of the petition, unless an attorney is already appointed the court shall appoint the public defender or private counsel under Section 1471, to consult with and represent the ward or conservatee at the hearing on the petition and, if that appointment is made, Section 1472 applies.
(e)Notice of the petition shall be given as follows:
(1)Not less than 15 days before the hearing, notice of the time and place of the hearing, and a copy of the petition shall be personally served on the ward, if 12 years of age or older, or the conservatee, and on the attorney for the ward or conservatee.
(2)Not less than 15 days before the hearing, notice of the time and place of the hearing, and a copy of the petition shall be delivered pursuant to Section 1215 to the following persons:
(A)The spouse or domestic partner, if any, of the proposed conservatee at the address stated in the petition.
(B)The relatives named in the petition at their addresses stated in the petition.
(f)For good cause, the court may shorten or waive notice of the hearing as provided by this section. In determining the period of notice to be required, the court shall take into account both of the following:
(1)The existing medical facts and circumstances set forth in the petition or in a medical affidavit attached to the petition or in a medical affidavit presented to the court.
(2)The desirability, where the condition of the ward or conservatee permits, of giving adequate notice to all interested persons.
(g)Notwithstanding subdivisions (e) and (f), the matter may be submitted for the determination of the court upon proper and sufficient medical affidavits or declarations if the attorney for the petitioner and the attorney for the ward or conservatee so stipulate and further stipulate that there remains no issue of fact to be determined.
(h)The court may make an order authorizing the recommended course of medical treatment of the ward or conservatee and authorizing the guardian or conservator to consent on behalf of the ward or conservatee to the recommended course of medical treatment for the ward or conservatee if the court determines from the evidence all of the following:
(1)The existing or continuing medical condition of the ward or conservatee requires the recommended course of medical treatment.
(2)If untreated, there is a probability that the condition will become life-endangering or result in a serious threat to the physical or mental health of the ward or conservatee.
(3)The ward or conservatee is unable to give an informed consent to the recommended course of treatment.
(i)Upon petition of the ward or conservatee or other interested person, the court may order that the guardian or conservator obtain or consent to, or obtain and consent to, specified medical treatment to be performed upon the ward or conservatee. Notice of the hearing on the petition under this subdivision shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1.
SEC. 45.Section 2361 of the Probate Code is amended to read:2361.A conservator shall provide notice of a conservatees death by delivering pursuant to Section 1215 a copy of the notice to all persons entitled to notice under Section 1460 and by filing a proof of delivery with the court, unless otherwise ordered by the court.
SEC. 46.Section 2610 of the Probate Code is amended to read:2610.(a)Within 90 days after appointment, or within any further time as the court for reasonable cause upon ex parte petition of the guardian or conservator may allow, the guardian or conservator shall file with the clerk of the court and deliver pursuant to Section 1215 to the conservatee and to the attorneys of record for the ward or conservatee, along with notice of how to file an objection, an inventory and appraisal of the estate, made as of the date of the appointment of the guardian or conservator. A copy of this inventory and appraisal, along with notice of how to file an objection, also shall be delivered to the conservatees spouse or registered domestic partner, the conservatees relatives in the first degree, and, if there are no such relatives, to the next closest relative, unless the court determines that the delivery will result in harm to the conservatee.
(b)The guardian or conservator shall take and subscribe to an oath that the inventory contains a true statement of all of the estate of the ward or conservatee of which the guardian or conservator has possession or knowledge. The oath shall be endorsed upon or annexed to the inventory.
(c)The property described in the inventory shall be appraised in the manner provided for the inventory and appraisal of estates of decedents. The guardian or conservator may appraise the assets that a personal representative could appraise under Section 8901.
(d)If a conservatorship is initiated pursuant to the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code), and no sale of the estate will occur:
(1)The inventory and appraisal required by subdivision (a) shall be filed within 90 days after appointment of the conservator.
(2)The property described in the inventory may be appraised by the conservator and need not be appraised by a probate referee.
(e)By January 1, 2008, the Judicial Council shall develop a form to effectuate the notice required in subdivision (a).
SEC. 47.Section 2611 of the Probate Code is amended to read:2611.If the ward or conservatee is or has been during the guardianship or conservatorship a patient in a state hospital under the jurisdiction of the State Department of State Hospitals or the State Department of Developmental Services, the guardian or conservator shall deliver pursuant to Section 1215 a copy of the inventory and appraisal filed under Section 2610 to the director of the appropriate department at the directors office in Sacramento not later than 15 days after the inventory and appraisal is filed with the court. Compliance with this section is not required if an unrevoked certificate described in subdivision (c) of Section 1461 is on file with the court with respect to the ward or conservatee.
SEC. 48.Section 2612 of the Probate Code is amended to read:2612.If a timely request is made, the clerk of court shall deliver pursuant to Section 1215 a copy of the inventory and appraisal filed under Section 2610 to the county assessor.
SEC. 49.Section 2614 of the Probate Code is amended to read:2614.(a)Within 30 days after the inventory and appraisal is filed, the guardian or conservator or any creditor or other interested person may file written objections to any or all appraisals. The clerk shall set the objections for hearing not less than 15 days after their filing.
(b)Notice of the hearing, together with a copy of the objections, shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1. If the appraisal was made by a probate referee, the person objecting shall also deliver pursuant to Section 1215 notice of the hearing and a copy of the objection to the probate referee at least 15 days before the time set for the hearing.
(c)The court shall determine the objections and may fix the true value of any asset to which objection has been filed. For the purpose of this subdivision, the court may cause an independent appraisal or appraisals to be made by at least one additional appraiser at the expense of the estate or, if the objecting party is not the guardian or conservator and the objection is rejected by the court, the court may assess the cost of any additional appraisal or appraisals against the objecting party.
SEC. 50.Section 2683 of the Probate Code is amended to read:2683.(a)At least 15 days before the hearing on the petition for appointment of a successor conservator, notice of the time and place of the hearing shall be given as provided in this section. The notice shall be accompanied by a copy of the petition.
(b)Notice shall be delivered pursuant to Section 1215 to the persons designated in Section 1460 and to the relatives named in the petition.
(c)If notice is required by Section 1461 to be given to the Director of State Hospitals or the Director of Developmental Services, notice shall be delivered pursuant to Section 1215 as required.
(d)If notice is required by Section 1461.5 to be given to the Veterans Administration, notice shall be delivered pursuant to Section 1215 as required.
SEC. 51.Section 2684 of the Probate Code is amended to read:2684.Unless the petition states that the conservatee will be present at the hearing, the court investigator shall do all of the following:
(a)Interview the conservatee personally.
(b)Inform the conservatee of the nature of the proceeding to appoint a successor conservator, the name of the person proposed as successor conservator, and the conservatees right to appear personally at the hearing, to object to the person proposed as successor conservator, to nominate a person to be appointed as successor conservator, to be represented by legal counsel if the conservatee so chooses, and to have legal counsel appointed by the court if unable to retain legal counsel.
(c)Determine whether the conservatee objects to the person proposed as successor conservator or prefers another person to be appointed.
(d)If the conservatee is not represented by legal counsel, determine whether the conservatee wishes to be represented by legal counsel and, if so, determine the name of an attorney the conservatee wishes to retain or whether the conservatee desires the court to appoint legal counsel.
(e)Determine whether the appointment of legal counsel would be helpful to the resolution of the matter or is necessary to protect the interests of the conservatee in any case where the conservatee does not plan to retain legal counsel and has not requested the appointment of legal counsel by the court.
(f)Report to the court in writing, at least five days before the hearing, concerning all of the foregoing, including the conservatees express communications concerning representation by legal counsel and whether the conservatee objects to the person proposed as successor conservator or prefers that some other person be appointed.
(g)Deliver pursuant to Section 1215, at least five days before the hearing, a copy of the report referred to in subdivision (f) to all of the following:
(1)The attorney, if any, for the petitioner.
(2)The attorney, if any, for the conservatee.
(3)Any other persons as the court orders.
SEC. 52.Section 2700 of the Probate Code is amended to read:2700.(a)At any time after the issuance of letters of guardianship or conservatorship, the ward, if over 14 years of age or the conservatee, the spouse of the ward or the spouse or domestic partner of the conservatee, any relative or creditor of the ward or conservatee, or any other interested person, in person or by attorney, may file with the court clerk a written request for special notice.
(b)The request for special notice shall be so entitled and shall set forth the name of the person and the address to which notices shall be delivered pursuant to Section 1215.
(c)Special notice may be requested of any one or more of the following matters:
(1)Petitions filed in the guardianship or conservatorship proceeding.
(2)Inventories and appraisals of property in the estate, including any supplemental inventories and appraisals.
(3)Accounts of the guardian or conservator.
(4)Proceedings for the final termination of the guardianship or conservatorship proceeding.
(d)Special notice may be requested of:
(1)Any one or more of the matters in subdivision (c) by describing the matter or matters.
(2)All the matters in subdivision (c) by referring generally to the matters described in subdivision (c) of Section 2700 of the Probate Code or by using words of similar meaning.
(e)A copy of the request shall be delivered pursuant to Section 1215 to the guardian or conservator or to the attorney for the guardian or conservator. If personally delivered, the request is effective when it is delivered. If mailed or electronically delivered, the request is effective when it is received.
(f)If the original of the request is filed with the court clerk, it shall be accompanied by a written admission or proof of service.
SEC. 53.Section 2702 of the Probate Code is amended to read:2702.(a)Unless the court makes an order dispensing with the notice, if a request has been made pursuant to this chapter for special notice of a hearing, the person filing the petition, account, or other paper shall give written notice pursuant to Section 1215 of the filing, together with a copy of the petition, account, or other paper, and the time and place set for the hearing, to the person named in the request at the address set forth in the request, at least 15 days before the time set for the hearing.
(b)If a request has been made pursuant to this chapter for special notice of the filing of an inventory and appraisal of the estate or of the filing of any other paper that does not require a hearing, the inventory and appraisal or other paper shall be delivered pursuant to Section 1215 not later than 15 days after the inventory and appraisal or other paper is filed with the court.
SEC. 54.Section 2804 of the Probate Code is amended to read:2804.At least 30 days before the hearing, the petitioner shall deliver pursuant to Section 1215 a notice of the time and place of the hearing and a copy of the petition to each person required to be listed in the petition at the address stated in the petition.
SEC. 55.Section 2808 of the Probate Code is amended to read:2808.(a)If the courts order provides for the transfer of all of the property of the estate to the foreign guardian or conservator, the court, upon settlement of the final account, shall order the guardianship of the estate or the conservatorship of the estate terminated upon the filing with the clerk of the court of a receipt for the property executed by the foreign guardian or conservator.
(b)Unless notice is waived, a copy of the final account of the guardian or conservator and of the petition for discharge, together with a notice of the hearing, shall be delivered pursuant to Section 1215 at least 30 days before the date of the hearing to all persons required to be listed in the petition for transfer, including the foreign guardian or conservator.
SEC. 56.Section 3088 of the Probate Code is amended to read:3088.(a)The court may order the spouse who has the management or control of community property to apply the income or principal, or both, of the community property to the support and maintenance of the conservatee, including care, treatment, and support of a conservatee who is a patient in a state hospital under the jurisdiction of the State Department of State Hospitals or the State Department of Developmental Services, as ordered by the court.
(b)In determining the amount ordered for support and maintenance, the court shall consider the following circumstances of the spouses:
(1)The earning capacity and needs of each spouse.
(2)The obligations and assets, including the separate property, of each spouse.
(3)The duration of the marriage.
(4)The age and health of the spouses.
(5)The standard of living of the spouses.
(6)Any other relevant factors which it considers just and equitable.
(c)At the request of any interested person, the court shall make appropriate findings with respect to the circumstances.
(d)The court may order the spouse who has the management or control of community property to make a specified monthly or other periodic payment to the conservator of the person of the conservatee or to any other person designated in the order. The court may order the spouse required to make the periodic payments to give reasonable security therefor.
(e)(1)The court may order the spouse required to make the periodic payments to assign, to the person designated in the order to receive the payments, that portion of the earnings of the spouse due or to be due in the future as will be sufficient to pay the amount ordered by the court for the support and maintenance of the conservatee. The order operates as an assignment and is binding upon any existing or future employer upon whom a copy of the order is served. The order shall be in the form of an earnings assignment order for support prescribed by the Judicial Council for use in family law proceedings. The employer may deduct the sum of one dollar and fifty cents ($1.50) for each payment made pursuant to the order. Any such assignment made pursuant to court order shall have priority as against any execution or other assignment unless otherwise ordered by the court or unless the other assignment is made pursuant to Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the Family Code. An employer shall not use any assignment authorized by this subdivision as grounds for the dismissal of that employee.
(2)As used in this subdivision, employer includes the United States government and any public entity as defined in Section 811.2 of the Government Code. This subdivision applies to the money and benefits described in Sections 704.110 and 704.113 of the Code of Civil Procedure to the extent that those moneys and benefits are subject to a wage assignment for support under Chapter 4 (commencing with Section 703.010) of Division 2 of Title 9 of Part 2 of the Code of Civil Procedure.
(f)The court retains jurisdiction to modify or to vacate an order made under this section where justice requires, except as to any amount that may have accrued before the date of the filing of the petition to modify or revoke the order. At the request of any interested person, the order of modification or revocation shall include findings of fact and may be made retroactive to the date of the filing of the petition to revoke or modify, or to any date subsequent thereto. At least 15 days before the hearing on the petition to modify or vacate the order, the petitioner shall deliver pursuant to Section 1215 a notice of the time and place of the hearing on the petition, accompanied by a copy of the petition, to the spouse who has the management or control of the community property. Notice shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1 to any other persons entitled to notice of the hearing under that chapter.
(g)In a proceeding for dissolution of the marriage or for legal separation, the court has jurisdiction to modify or vacate an order made under this section to the same extent as it may modify or vacate an order made in the proceeding for dissolution of the marriage or for legal separation.
SEC. 57.Section 3131 of the Probate Code is amended to read:3131.(a)At least 15 days before the hearing on the petition, the petitioner shall cause a notice of the time and place of the hearing and a copy of the petition to be served upon any nonpetitioning spouse not alleged to lack legal capacity for the proposed transaction.
(b)Service under subdivision (a) shall be made in the manner provided in Section 415.10 or 415.30 of the Code of Civil Procedure or in such other manner as may be authorized by the court. If the person to be served is outside this state, service may also be made in the manner provided in Section 415.40 of the Code of Civil Procedure.
(c)At least 15 days before the hearing on the petition, the petitioner shall deliver pursuant to Section 1215 a notice of the time and place of the hearing on the petition to those persons required to be named in the petition at the addresses set forth in the petition.
SEC. 58.Section 3206 of the Probate Code is amended to read:3206.(a)Not less than 15 days before the hearing, notice of the time and place of the hearing and a copy of the petition shall be personally served on the patient, the patients attorney, and the agent under the patients power of attorney for health care, if any.
(b)Not less than 15 days before the hearing, notice of the time and place of the hearing and a copy of the petition shall be delivered pursuant to Section 1215 to the following persons:
(1)The patients spouse, if any, at the address stated in the petition.
(2)The patients relatives named in the petition at their addresses stated in the petition.
(c)For good cause, the court may shorten or waive notice of the hearing as provided by this section. In determining the period of notice to be required, the court shall take into account both of the following:
(1)The existing medical facts and circumstances set forth in the petition or in a medical declaration attached to the petition or in a medical declaration presented to the court.
(2)The desirability, where the condition of the patient permits, of giving adequate notice to all interested persons.
SEC. 59.Section 3602 of the Probate Code is amended to read:3602.(a)If there is no guardianship of the estate of the minor or conservatorship of the estate of the person with a disability, the remaining balance of the money and other property, after payment of all expenses, costs, and fees as approved and allowed by the court under Section 3601, shall be paid, delivered, deposited, or invested as provided in Article 2 (commencing with Section 3610).
(b)Except as provided in subdivisions (c) and (d), if there is a guardianship of the estate of the minor or conservatorship of the estate of the person with a disability, the remaining balance of the money and other property, after payment of all expenses, costs, and fees as approved and allowed by the court under Section 3601, shall be paid or delivered to the guardian or conservator of the estate. Upon application of the guardian or conservator, the court making the order or giving the judgment referred to in Section 3600 or the court in which the guardianship or conservatorship proceeding is pending may, with or without notice, make an order that all or part of the money paid or to be paid to the guardian or conservator under this subdivision be deposited or invested as provided in Section 2456.
(c)Upon ex parte petition of the guardian or conservator or upon petition of any person interested in the guardianship or conservatorship estate, the court making the order or giving the judgment referred to in Section 3600 may for good cause shown order one or more of the following:
(1)That all or part of the remaining balance of money not become a part of the guardianship or conservatorship estate and instead be deposited in an insured account in a financial institution in this state, or in a single-premium deferred annuity, subject to withdrawal only upon authorization of the court.
(2)If there is a guardianship of the estate of the minor, that all or part of the remaining balance of money and other property not become a part of the guardianship estate and instead be transferred to a custodian for the benefit of the minor under the California Uniform Transfers to Minors Act, Part 9 (commencing with Section 3900).
(3)That all or part of the remaining balance of money and other property not become a part of the guardianship estate and, instead, be transferred to the trustee of a trust which is either created by, or approved of, in the order or judgment described in Section 3600. This trust shall be revocable by the minor upon attaining 18 years of age, and shall contain other terms and conditions, including, but not limited to, terms and conditions concerning trustees accounts and trustees bond, as the court determines to be necessary to protect the minors interests.
(d)Upon petition of the guardian, conservator, or any person interested in the guardianship or conservatorship estate, the court making the order or giving the judgment referred to in Section 3600 may order that all or part of the remaining balance of money not become a part of the guardianship or conservatorship estate and instead be paid to a special needs trust established under Section 3604 for the benefit of the minor or person with a disability.
(e)If the petition is by a person other than the guardian or conservator, notice of hearing on a petition under subdivision (c) shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1.
(f)Notice of the time and place of hearing on a petition under subdivision (d), and a copy of the petition, shall be delivered pursuant to Section 1215 to the State Director of Health Care Services, the Director of State Hospitals, and the Director of Developmental Services at the office of each director in Sacramento at least 15 days before the hearing.
SEC. 60.Section 3704 of the Probate Code is amended to read:3704.(a)Notice of the nature of the proceedings and the time and place of the hearing shall be given by the petitioner at least 15 days before the hearing date by all of the following means:
(1)By delivery pursuant to Section 1215, together with a copy of the petition, to all persons comprising the family of the absentee.
(2)By delivery by a method that would be sufficient for service of summons in a civil action, together with a copy of the petition, to the secretary concerned or to the head of the United States department or agency concerned.
(3)By publication pursuant to Section 6061 of the Government Code in a newspaper of general circulation in the county in which the proceedings will be held.
(b)If notice to an officer or agency of this state or of the United States is required under Section 1461 or 1822 upon petition for appointment of a conservator, notice shall be given of the petition under this chapter.
SEC. 61.Section 3801 of the Probate Code is amended to read:3801.(a)The petition shall be made upon 15 days notice, by delivery pursuant to Section 1215, to all of the following persons:
(1)The personal representative or other person in whose possession the property may be.
(2)Persons in this state, known to the petitioner, who are obligated to pay a debt, perform an obligation, or issue a security to the nonresident or the estate of the nonresident.
(b)The petition shall be made upon additional notice, if any, as the court may order.
SEC. 62.Section 3918 of the Probate Code is amended to read:3918.(a)A person nominated under Section 3903 or designated under Section 3909 as custodian may decline to serve by delivering a valid disclaimer under Part 8 (commencing with Section 260) of Division 2 to the person who made the nomination or to the transferor or the transferors legal representative. If the event giving rise to a transfer has not occurred and no substitute custodian able, willing, and eligible to serve was nominated under Section 3903, the person who made the nomination may nominate a substitute custodian under Section 3903; otherwise the transferor or the transferors legal representative shall designate a substitute custodian at the time of the transfer, in either case from among the persons eligible to serve as custodian for that kind of property under subdivision (a) of Section 3909. The custodian so designated has the rights of a successor custodian.
(b)A custodian at any time may designate a trust company or an adult other than a transferor under Section 3904 as successor custodian by executing and dating an instrument of designation before a subscribing witness other than the successor. If the instrument of designation does not contain or is not accompanied by the resignation of the custodian, the designation of the successor does not take effect until the custodian resigns, dies, becomes incapacitated, or is removed. The transferor may designate one or more persons as successor custodians to serve, in the designated order of priority, in case the custodian originally designated or a prior successor custodian is unable, declines, or is ineligible to serve or resigns, dies, becomes incapacitated, or is removed. The designation either (1) shall be made in the same transaction and by the same document by which the transfer is made or (2) shall be made by executing and dating a separate instrument of designation before a subscribing witness other than a successor as a part of the same transaction and contemporaneously with the execution of the document by which the transfer is made. The designation is made by setting forth the successor custodians name, followed in substance by the words: is designated [first, second, etc., where applicable] successor custodian. A successor custodian designated by the transferor may be a trust company or an adult other than a transferor under Section 3904. A successor custodian effectively designated by the transferor has priority over a successor custodian designated by a custodian.
(c)A custodian may resign at any time by delivering written notice to the minor if the minor has attained the age of 14 years and to the successor custodian and by delivering the custodial property to the successor custodian.
(d)If the transferor has not effectively designated a successor custodian, and a custodian is ineligible, dies, or becomes incapacitated without having effectively designated a successor and the minor has attained the age of 14 years, the minor may designate as successor custodian, in the manner prescribed in subdivision (b), an adult member of the minors family, a conservator of the minor, or a trust company. If the minor has not attained the age of 14 years or fails to act within 60 days after the ineligibility, death, or incapacity, the conservator of the minor becomes successor custodian. If the minor has no conservator or the conservator declines to act, the transferor, the legal representative of the transferor or of the custodian, an adult member of the minors family, or any other interested person may petition the court to designate a successor custodian.
(e)A custodian who declines to serve under subdivision (a) or resigns under subdivision (c), or the legal representative of a deceased or incapacitated custodian, as soon as practicable, shall put the custodial property and records in the possession and control of the successor custodian. The successor custodian by action may enforce the obligation to deliver custodial property and records and becomes responsible for each item as received.
(f)A transferor, the legal representative of a transferor, an adult member of the minors family, a guardian of the person of the minor, the conservator of the minor, or the minor if the minor has attained the age of 14 years, may petition the court to remove the custodian for cause and to designate a successor custodian other than a transferor under Section 3904 or to require the custodian to give appropriate bond.
(g)At least 15 days before the hearing on a petition under subdivision (d) or (f), the petitioner shall deliver notice pursuant to Section 1215 to each of the following persons:
(1)The minor.
(2)The parent or parents of the minor.
(3)The transferor.
(h)Upon consideration of the petition under subdivision (d) or (f), the court may grant the relief that the court finds to be in the best interests of the minor.
SEC. 63.Section 8100 of the Probate Code is amended to read:8100.The notice of hearing of a petition for administration of a decedents estate, whether delivered under Article 2 (commencing with Section 8110) or published under Article 3 (commencing with Section 8120), shall state substantially as follows:
NOTICE OF PETITION TO ADMINISTER |
To all heirs, beneficiaries, creditors, and contingent creditors of _________ and persons who may be otherwise interested in the will or estate, or both: A petition has been filed by _________ in the Superior Court of California, County of _________, requesting that _________ be appointed as personal representative to administer the estate of _________ [and for probate of the decedents will, which is available for examination in the court file]. [The petition requests authority to administer the estate under the Independent Administration of Estates Act. This will avoid the need to obtain court approval for many actions taken in connection with the estate. However, before taking certain actions, the personal representative will be required to give notice to interested persons unless they have waived notice or have consented to the proposed action. The petition will be granted unless good cause is shown why it should not be.] |
The petition is set for hearing in Dept. No. |
at(Address) on (Date of hearing)at(Time of hearing) . |
IF YOU OBJECT to the granting of the petition, you should appear at the hearing and state your objections or file written objections with the court before the hearing. Your appearance may be in person or by your attorney.
IF YOU ARE A CREDITOR or a contingent creditor of the deceased, you must file your claim with the court and mail a copy to the personal representative appointed by the court within the later of either (1) four months from the date of first issuance of letters to a general personal representative, as defined in subdivision (b) of Section 58 of the California Probate Code, or (2) 60 days from the date of delivery of the notice to you under Section 9052 of the California Probate Code.
YOU MAY EXAMINE the file kept by the court. If you are interested in the estate, you may request special notice of the filing of an inventory and appraisal of estate assets or of any petition or account as provided in Section 1250 of the California Probate Code.
(Name and address of petitioner or petitioners attorney) |
At least 15 days before the hearing of a petition for administration of a decedents estate, the petitioner shall deliver notice of the hearing pursuant to Section 1215 on all of the following persons:
(a)Each heir of the decedent, so far as known to or reasonably ascertainable by the petitioner.
(b)Each devisee, executor, and alternative executor named in any will being offered for probate, regardless of whether the devise or appointment is purportedly revoked in a subsequent instrument.
SEC. 65.Section 8111 of the Probate Code is amended to read:8111.If the decedents will involves or may involve a testamentary trust of property for charitable purposes other than a charitable trust with a designated trustee resident in this state, or involves or may involve a devise for charitable purposes without an identified devisee, notice of hearing accompanied by a copy of the petition and of the will shall be delivered pursuant to Section 1215 to the Attorney General as provided in Section 1209.
SEC. 66.Section 8200 of the Probate Code is amended to read:8200.(a)Unless a petition for probate of the will is earlier filed, the custodian of a will shall, within 30 days after having knowledge of the death of the testator, do both of the following:
(1)Deliver the will, personally or by registered or certified mail, to the clerk of the superior court of the county in which the estate of the decedent may be administered.
(2)Deliver a copy of the will pursuant to Section 1215 to the person named in the will as executor, if the persons whereabouts is known to the custodian, or if not, to a person named in the will as a beneficiary, if the persons whereabouts is known to the custodian.
(b)A custodian of a will who fails to comply with the requirements of this section shall be liable for all damages sustained by any person injured by the failure.
(c)The clerk shall release a copy of a will delivered under this section for attachment to a petition for probate of the will or otherwise on receipt of payment of the required fee and either a court order for production of the will or a certified copy of a death certificate of the decedent.
(d)The fee for delivering a will to the clerk of the superior court pursuant to paragraph (1) of subdivision (a) shall be as provided in Section 70626 of the Government Code. If an estate is commenced for the decedent named in the will, the fee for any will delivered pursuant to paragraph (1) of subdivision (a) shall be reimbursable from the estate as an expense of administration.
SEC. 67.Section 8203 of the Probate Code is amended to read:8203.If a will has been delivered to the clerk of the superior court in a county in which no proceeding is pending to administer the testators estate, that court may order the will transferred to the clerk of the superior court in a county in which such a proceeding is pending. A petition for the transfer may be presented and heard without notice, but shall not be granted without proof that a copy of the petition has been delivered pursuant to Section 1215 to the petitioner and any persons who have requested special notice in the proceeding in the court to which the will is to be transferred. The petition and order shall include the case number of the proceeding in the court to which transfer is prayed. Certified copies of the petition, any supporting documents, and the order shall be transmitted by the clerk along with the original will, and these copies shall be filed in the proceeding by the clerk of the recipient court.
SEC. 68.Section 8469 of the Probate Code is amended to read:8469.(a)For good cause, the court may allow the priority given by Section 8461 to a conservator or guardian of the estate of the decedent serving in that capacity at the time of death that has not filed a first account, or that is acting as guardian or conservator for another person, or both.
(b)If the petition for appointment as administrator requests the court to allow the priority permitted by subdivision (a), the petitioner shall, in addition to the notice otherwise required by statute, deliver notice of the hearing pursuant to Section 1215 to the public administrator.
SEC. 69.Section 8522 of the Probate Code is amended to read:8522.(a)If a vacancy occurs in the office of a personal representative and there are no other personal representatives, the court shall appoint a successor personal representative.
(b)Appointment of a successor personal representative shall be made on petition and notice shall be delivered to interested persons in the manner provided in Article 2 (commencing with Section 8110) of Chapter 2, and shall be subject to the same priority as for an original appointment of a personal representative. The personal representative of a deceased personal representative is not, as such, entitled to appointment as successor personal representative.
SEC. 70.Section 8803 of the Probate Code is amended to read:8803.On the filing of an inventory and appraisal or a supplemental inventory and appraisal, the personal representative shall, pursuant to Section 1252, deliver a copy to each person who has requested special notice.
SEC. 71.Section 8903 of the Probate Code is amended to read:8903.(a)The court may, for good cause, waive appraisal by a probate referee in the manner provided in this section.
(b)The personal representative may apply for a waiver together with the petition for appointment of the personal representative or together with another petition, or may apply for a waiver in a separate petition filed in the administration proceedings, but the application shall not be made later than the time the personal representative delivers the inventory to the probate referee, if a probate referee has been designated. A copy of the proposed inventory and appraisal and a statement that sets forth the good cause that justifies the waiver shall be attached to the petition.
(c)The hearing on the waiver shall be not sooner than 15 days after the petition is filed. Notice of the hearing on the petition, together with a copy of the petition and a copy of the proposed inventory and appraisal, shall be given as provided in Sections 1215 and 1220 to all of the following persons:
(1)Each person listed in Section 1220.
(2)Each known heir whose interest in the estate would be affected by the waiver.
(3)Each known devisee whose interest in the estate would be affected by the waiver.
(4)The Attorney General, at the office of the Attorney General in Sacramento, if any portion of the estate is to escheat to the state and its interest in the estate would be affected by the waiver.
(5)The probate referee, if a probate referee has been designated.
(d)A probate referee to whom notice is given under this section may oppose the waiver. If the opposition fails and the court determines the opposition was made without substantial justification, the court shall award litigation expenses, including reasonable attorneys fees, against the probate referee. If the opposition succeeds, the court may designate a different probate referee to appraise property in the estate.
(e)If the petition is granted, the inventory and appraisal attached to the petition shall be filed pursuant to Section 8800.
SEC. 72.Section 8906 of the Probate Code is amended to read:8906.(a)At any time before the hearing on the petition for final distribution of the estate, the personal representative or an interested person may file with the court a written objection to the appraisal.
(b)The clerk shall fix a time, not less than 15 days after the filing, for a hearing on the objection.
(c)The person objecting shall give notice of the hearing, together with a copy of the objection, as provided in Section 1220. If the appraisal was made by a probate referee, the person objecting shall also deliver notice of the hearing and a copy of the objection to the probate referee at least 15 days before the date set for the hearing.
(d)The person objecting to the appraisal has the burden of proof.
(e)Upon completion of the hearing, the court may make any orders that appear appropriate. If the court determines the objection was filed without reasonable cause or good faith, the court may order that the fees of the personal representative and attorney and any costs incurred for defending the appraisal be made a charge against the person filing the objection.
SEC. 73.Section 8924 of the Probate Code is amended to read:8924.(a)The court shall remove the designated probate referee in any of the following circumstances:
(1)The personal representative shows cause, including incompetence or undue delay in making the appraisal, that in the opinion of the court warrants removal of the probate referee. The showing shall be made at a hearing on petition of the personal representative. The personal representative shall deliver pursuant to Section 1215 notice of the hearing on the petition to the probate referee at least 15 days before the date set for the hearing.
(2)The personal representative has the right to remove the first probate referee who is designated by the court. Cause need not be shown for removal under this paragraph. The personal representative may exercise the right at any time before the personal representative delivers the inventory to the probate referee. The personal representative shall exercise the right by filing an affidavit or declaration under penalty of perjury with the court and delivering a copy to the probate referee pursuant to Section 1215. Thereupon, the court shall remove the probate referee without any further act or proof.
(3)Any other cause provided by statute.
(b)Upon removal of the probate referee, the court shall designate another probate referee in the manner prescribed in Section 8920.
SEC. 74.Section 9052 of the Probate Code is amended to read:9052.The notice shall be in substantially the following form:
NOTICE OF ADMINISTRATION OF | |
Notice to creditors: Administration of the estate of _________ (deceased) has been commenced by _________ (personal representative) in Estate No. _________ in the Superior Court of California, County of _________. You must file your claim with the court and deliver a copy pursuant to Section 1215 of the California Probate Code to the personal representative within the last to occur of four months after _________ (the date letters were first issued to a general personal representative, as defined in subdivision (b) of Section 58 of the California Probate Code), or 60 days after the date this notice was mailed to you or, in the case of personal delivery, 60 days after the date this notice was delivered to you, or you must petition to file a late claim as provided in Section 9103 of the California Probate Code. Failure to file a claim with the court and serve a copy of the claim on the personal representative will, in most instances, invalidate your claim. A claim form may be obtained from the court clerk. For your protection, you are encouraged to file your claim by certified mail, with return receipt requested. | |
(Date of mailing this notice) | (Name and address of personal |
A claim form adopted by the Judicial Council shall inform the creditor that the claim must be filed with the court and a copy delivered pursuant to Section 1215 to the personal representative. The claim form shall include a proof of delivery of a copy of the claim to the personal representative, which may be completed by the creditor.
SEC. 76.Section 9732 of the Probate Code is amended to read:9732.(a)The court may order that money of the estate in possession of the personal representative be invested in any manner provided by the will if all of the following conditions are satisfied:
(1)The time for filing claims has expired.
(2)All debts, as defined in Section 11401, have been paid or are sufficiently secured by mortgage or otherwise, or there is sufficient cash in the estate aside from the money to be invested to pay all the debts, or the court is otherwise satisfied that all the debts will be paid.
(3)The estate is not in a condition to be finally distributed.
(b)To obtain an order under this section, the personal representative or any interested person shall file a petition showing the general condition of the estate and the types of investments that are proposed to be made.
(c)Notice of the hearing on the petition shall be delivered as provided in Section 1220. In addition, the petitioner shall cause notice of the hearing and a copy of the petition to be delivered pursuant to Section 1215 to all known devisees of property which is proposed to be invested. Where the property proposed to be invested is devised to a trust or trustee, notice of the hearing and a copy of the petition shall be delivered pursuant to Section 1215 to the trustee or, if the trustee has not yet accepted the trust, to the person named in the will as trustee. Delivery pursuant to this subdivision shall be to the persons last known address as provided in Section 1220.
(d)If no objection has been filed by an interested person, the court may make an order authorizing or directing the personal representative to invest such portion of the money of the estate as the court deems advisable in the types of investments proposed in the petition and authorized by the will. If there is no objection by an interested person and no substantial reason why some or all of the investment powers given by the will should not be exercised, the court shall make the order. The order may be for a limited period or until the administration of the estate is completed. Upon petition of the personal representative or any interested person, the order may be renewed, modified, or terminated at any time.
SEC. 77.Section 9762 of the Probate Code is amended to read:9762.(a)After authorization by order of court upon a showing that it would be to the advantage of the estate and in the best interest of the interested persons, the personal representative may continue as a general or a limited partner in any partnership in which the decedent was a general partner at the time of death. In its order, the court may specify any terms and conditions of the personal representatives participation as a partner that the court determines are to the advantage of the estate and in the best interest of the interested persons, but any terms and conditions that are inconsistent with the terms of any written partnership agreement are subject to the written consent of all of the surviving partners.
(b)If there is a written partnership agreement permitting the decedents personal representative to participate as a partner, the personal representative has all the rights, powers, duties, and obligations provided in the written partnership agreement, except as otherwise ordered by the court pursuant to subdivision (a).
(c)If there is not a written partnership agreement, the personal representative has the rights, powers, duties, and obligations that the court specifies in its order pursuant to subdivision (a).
(d)To obtain an order under this section, the personal representative or any interested person shall file a petition showing that the order requested would be to the advantage of the estate and in the best interest of the interested persons. Notice of the hearing on the petition shall be given as provided in Section 1220. In addition, unless the court otherwise orders, the petitioner, not less than 15 days before the hearing, shall cause notice of hearing and a copy of the petition to be delivered pursuant to Section 1215 to each of the surviving general partners at his or her last known address.
SEC. 78.Section 9783 of the Probate Code is amended to read:9783.A person described in Section 9782 may personally deliver or mail a written objection to the disposition or abandonment to the personal representative on or before the date specified in the notice as the date on or after which the property will be disposed of or abandoned. Subject to Section 9788, after receipt of the written objection, the personal representative shall not dispose of or abandon the property without authorization by order of the court obtained under Section 9611.
SEC. 79.Section 9787 of the Probate Code is amended to read:9787.(a)Except as provided in subdivision (b), a person described in Section 9782 who receives notice of the proposed disposition or abandonment as provided in Section 9782, waives the right to have the court later review the disposition or abandonment of the property unless the person does one of the following:
(1)Personally delivers or mails a written objection as provided in Section 9783.
(2)Serves a restraining order obtained under Section 9784 before whichever of the following is the later time:
(A)The date specified in the notice of proposed disposition or abandonment as the date on or after which the property will be disposed of or abandoned.
(B)The date the property has actually been disposed of or abandoned.
(b)Subject to Section 9785, the court may review the disposition or abandonment of the property upon the motion of a person described in subdivision (a) of Section 9782 who establishes that he or she did not actually receive notice of the proposed disposition or abandonment before the time to object expired.
SEC. 80.Section 10585 of the Probate Code is amended to read:10585.(a)The notice of proposed action shall state all of the following:
(1)The name, mailing address, and electronic address of the personal representative.
(2)The name, telephone number, and electronic address of a person who may be contacted for additional information.
(3)The action proposed to be taken, with a reasonably specific description of the action. If the proposed action involves the sale or exchange of real property, or the granting of an option to purchase real property, the notice of proposed action shall state the material terms of the transaction, including, if applicable, the sale price and the amount of, or method of calculating, any commission or compensation paid or to be paid to an agent or broker in connection with the transaction.
(4)The date on or after which the proposed action is to be taken.
(b)The notice of proposed action may be given using the most current Notice of Proposed Action form prescribed by the Judicial Council.
(c)If the most current form prescribed by the Judicial Council is not used to give notice of proposed action, the notice of proposed action shall satisfy all of the following requirements:
(1)The notice of proposed action shall be in substantially the same form as the form prescribed by the Judicial Council.
(2)The notice of proposed action shall contain the statements described in subdivision (a).
(3)The notice of proposed action shall contain a form for objecting to the proposed action in substantially the form set out in the Judicial Council form.
SEC. 81.Section 10586 of the Probate Code is amended to read:10586.The notice of proposed action shall be delivered pursuant to Section 1215 to each person required to be given notice of proposed action not less than 15 days before the date specified in the notice of proposed action on or after which the proposed action is to be taken. If mailed, the notice of proposed action shall be addressed to the person at the persons last known address.
SEC. 82.Section 10587 of the Probate Code is amended to read:10587.(a)Any person entitled to notice of proposed action under Section 10581 may object to the proposed action as provided in this section.
(b)The objection to the proposed action is made by delivering pursuant to Section 1215 a written objection to the proposed action to the personal representative at the address stated in the notice of proposed action. The person objecting to the proposed action either may use the Judicial Council form or may make the objection in any other writing that identifies the proposed action with reasonable certainty and indicates that the person objects to the taking of the proposed action.
(c)The personal representative is deemed to have notice of the objection to the proposed action if it is delivered or received at the address stated in the notice of proposed action before whichever of the following times is the later:
(1)The date specified in the notice of proposed action on or after which the proposed action is to be taken.
(2)The date the proposed action is actually taken.
SEC. 83.Section 11601 of the Probate Code is amended to read:11601.Notice of the hearing on the petition shall be given as provided in Section 1220 to all of the following persons:
(a)Each person listed in Section 1220.
(b)Each known heir whose interest in the estate would be affected by the petition.
(c)Each known devisee whose interest in the estate would be affected by the petition.
(d)The Attorney General, at the office of the Attorney General in Sacramento, if any portion of the estate is to escheat to the state and its interest in the estate would be affected by the petition.
(e)The Controller, if property is to be distributed to the state because there is no known beneficiary or if property is to be distributed to a beneficiary whose whereabouts is unknown. A copy of the latest account filed with the court shall be delivered to the Controller with the notice.
SEC. 84.Section 13200 of the Probate Code is amended to read:13200.(a)No sooner than six months from the death of a decedent, a person or persons claiming as successor of the decedent to a particular item of property that is real property may file in the superior court in the county in which the decedent was domiciled at the time of death, or if the decedent was not domiciled in this state at the time of death, then in any county in which real property of the decedent is located, an affidavit in the form prescribed by the Judicial Council pursuant to Section 1001 stating all of the following:
(1)The name of the decedent.
(2)The date and place of the decedents death.
(3)A legal description of the real property and the interest of the decedent therein.
(4)The name and address of each person serving as guardian or conservator of the estate of the decedent at the time of the decedents death, so far as known to the affiant.
(5)The gross value of all real property in the decedents estate located in California, as shown by the inventory and appraisal attached to this affidavit, excluding the real property described in Section 13050 of the California Probate Code, does not exceed fifty thousand dollars ($50,000).
(6)At least six months have elapsed since the death of the decedent as shown in a certified copy of decedents death certificate attached to this affidavit.
(7)Either of the following, as appropriate:
(A)No proceeding is now being or has been conducted in California for administration of the decedents estate.
(B)The decedents personal representative has consented in writing to use of the procedure provided by this chapter.
(8)Funeral expenses, expenses of last illness, and all unsecured debts of the decedent have been paid.
(9)The affiant is the successor of the decedent (as defined in Section 13006 of the Probate Code) and to the decedents interest in the described property, and no other person has a superior right to the interest of the decedent in the described property.
(10)The affiant declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
(b)For each person executing the affidavit, the affidavit shall contain a notary publics certificate of acknowledgment identifying the person.
(c)There shall be attached to the affidavit an inventory and appraisal of the decedents real property in this state, excluding the real property described in Section 13050. The inventory and appraisal of the real property shall be made as provided in Part 3 (commencing with Section 8800) of Division 7. The appraisal shall be made by a probate referee selected by the affiant from those probate referees appointed by the Controller under Section 400 to appraise property in the county where the real property is located.
(d)If the affiant claims under the decedents will and no estate proceeding is pending or has been conducted in California, a copy of the will shall be attached to the affidavit.
(e)A certified copy of the decedents death certificate shall be attached to the affidavit. If the decedents personal representative has consented to the use of the procedure provided by this chapter, a copy of the consent and of the personal representatives letters shall be attached to the affidavit.
(f)The affiant shall deliver pursuant to Section 1215 a copy of the affidavit and attachments to any person identified in paragraph (4) of subdivision (a).
SEC. 85.Section 13655 of the Probate Code is amended to read:13655.(a)If proceedings for the administration of the estate of the deceased spouse are pending at the time a petition is filed under this chapter, or if the proceedings are not pending and if the petition filed under this chapter is not filed with a petition for probate of the deceased spouses will or for administration of the estate of the deceased spouse, notice of the hearing on the petition filed under this chapter shall be given as provided in Section 1220 to all of the following persons:
(1)Each person listed in Section 1220 and each person named as executor in any will of the deceased spouse.
(2)All devisees and known heirs of the deceased spouse and, if the petitioner is the trustee of a trust that is a devisee under the will of the decedent, all persons interested in the trust, as determined in cases of future interests pursuant to paragraph (1), (2), or (3) of subdivision (a) of Section 15804.
(b)The notice specified in subdivision (a) shall also be delivered as provided in subdivision (a) to the Attorney General, addressed to the office of the Attorney General at Sacramento, if the petitioner bases the allegation that all or part of the estate of the deceased spouse is property passing to the surviving spouse upon the will of the deceased spouse and the will involves or may involve either of the following:
(1)A testamentary trust of property for charitable purposes other than a charitable trust with a designated trustee, resident in this state.
(2)A devise for a charitable purpose without an identified devisee or beneficiary.
SEC. 86.Section 15686 of the Probate Code is amended to read:15686.(a)As used in this section, trustees fee includes, but is not limited to, the trustees periodic base fee, rate of percentage compensation, minimum fee, hourly rate, and transaction charge, but does not include fees for extraordinary services.
(b)A trustee shall not charge an increased trustees fee for administration of a particular trust unless the trustee first gives at least 60 days written notice of that increased fee to all of the following persons:
(1)Each beneficiary who is entitled to an account under Section 16062.
(2)Each beneficiary who was given the last preceding account.
(3)Each beneficiary who has made a written request to the trustee for notice of an increased trustees fee and has given an address for receiving notice.
(c)If a beneficiary files a petition under Section 17200 for review of the increased trustees fee or for removal of the trustee and serves a copy of the petition on the trustee before the expiration of the 60-day period, the increased trustees fee does not take effect as to that trust until otherwise ordered by the court or the petition is dismissed.
SEC. 87.Section 16061.7 of the Probate Code is amended to read:16061.7.(a)A trustee shall serve a notification by the trustee as described in this section in the following events:
(1)When a revocable trust or any portion thereof becomes irrevocable because of the death of one or more of the settlors of the trust, or because, by the express terms of the trust, the trust becomes irrevocable within one year of the death of a settlor because of a contingency related to the death of one or more of the settlors of the trust.
(2)Whenever there is a change of trustee of an irrevocable trust.
(3)Whenever a power of appointment retained by a settlor is effective or lapses upon death of the settlor with respect to an inter vivos trust which was, or was purported to be, irrevocable upon its creation. This paragraph shall not apply to a charitable remainder trust. For purposes of this paragraph, charitable remainder trust means a charitable remainder annuity trust or charitable remainder unitrust as defined in Section 664(d) of the Internal Revenue Code.
(4)The duty to serve the notification by the trustee pursuant to this subdivision is the duty of the continuing or successor trustee, and any one cotrustee may serve the notification.
(b)The notification by the trustee required by subdivision (a) shall be served on each of the following:
(1)Each beneficiary of the irrevocable trust or irrevocable portion of the trust, subject to the limitations of Section 15804.
(2)Each heir of the deceased settlor, if the event that requires notification is the death of a settlor or irrevocability within one year of the death of the settlor of the trust by the express terms of the trust because of a contingency related to the death of a settlor.
(3)If the trust is a charitable trust subject to the supervision of the Attorney General, to the Attorney General.
(c)A trustee shall, for purposes of this section, rely upon any final judicial determination of heirship, known to the trustee, but the trustee shall have discretion to make a good faith determination by any reasonable means of the heirs of a deceased settlor in the absence of a final judicial determination of heirship known to the trustee.
(d)The trustee need not provide a copy of the notification by trustee to any beneficiary or heir (1) known to the trustee but who cannot be located by the trustee after reasonable diligence or (2) unknown to the trustee.
(e)The notification by trustee shall be served by any of the methods described in Section 1215 to the last known address.
(f)The notification by trustee shall be served not later than 60 days following the occurrence of the event requiring service of the notification by trustee, or 60 days after the trustee became aware of the existence of a person entitled to receive notification by trustee, if that person was not known to the trustee on the occurrence of the event requiring service of the notification. If there is a vacancy in the office of the trustee on the date of the occurrence of the event requiring service of the notification by trustee, or if that event causes a vacancy, then the 60-day period for service of the notification by trustee commences on the date the new trustee commences to serve as trustee.
(g)The notification by trustee shall contain the following information:
(1)The identity of the settlor or settlors of the trust and the date of execution of the trust instrument.
(2)The name, address, and telephone number of each trustee of the trust.
(3)The address of the physical location where the principal place of administration of the trust is located, pursuant to Section 17002.
(4)Any additional information that may be expressly required by the terms of the trust instrument.
(5)A notification that the recipient is entitled, upon reasonable request to the trustee, to receive from the trustee a true and complete copy of the terms of the trust.
(h)If the notification by the trustee is served because a revocable trust or any portion of it has become irrevocable because of the death of one or more settlors of the trust, or because, by the express terms of the trust, the trust becomes irrevocable within one year of the death of a settlor because of a contingency related to the death of one or more of the settlors of the trust, the notification by the trustee shall also include a warning, set out in a separate paragraph in not less than 10-point boldface type, or a reasonable equivalent thereof, that states as follows:
You may not bring an action to contest the trust more than 120 days from the date this notification by the trustee is served upon you or 60 days from the date on which a copy of the terms of the trust is delivered to you during that 120-day period, whichever is later.
(i)Any waiver by a settlor of the requirement of serving the notification by trustee required by this section is against public policy and shall be void.
(j)A trustee may serve a notification by trustee in the form required by this section on any person in addition to those on whom the notification by trustee is required to be served. A trustee is not liable to any person for serving or for not serving the notice on any person in addition to those on whom the notice is required to be served. A trustee is not required to serve a notification by trustee if the event that otherwise requires service of the notification by trustee occurs before January 1, 1998.
SEC. 88.Section 16061.8 of the Probate Code is amended to read:16061.8.No person upon whom the notification by the trustee is served pursuant to this chapter, whether the notice is served on him or her within or after the time period set forth in subdivision (f) of Section 16061.7, may bring an action to contest the trust more than 120 days from the date the notification by the trustee is served upon him or her, or 60 days from the date on which a copy of the terms of the trust is delivered pursuant to Section 1215 to him or her during that 120-day period, whichever is later.
SEC. 89.Section 16061.9 of the Probate Code is amended to read:16061.9.(a)A trustee who fails to serve the notification by trustee as required by Section 16061.7 on a beneficiary shall be responsible for all damages, attorneys fees, and costs caused by the failure unless the trustee makes a reasonably diligent effort to comply with that section.
(b)A trustee who fails to serve the notification by trustee as required by Section 16061.7 on an heir who is not a beneficiary and whose identity is known to the trustee shall be responsible for all damages caused to the heir by the failure unless the trustee shows that the trustee made a reasonably diligent effort to comply with that section. For purposes of this subdivision, reasonably diligent effort means that the trustee has delivered notice pursuant to Section 1215 to the heir at the heirs last address actually known to the trustee.
(c)A trustee, in exercising discretion with respect to the timing and nature of distributions of trust assets, may consider the fact that the period in which a beneficiary or heir could bring an action to contest the trust has not expired.
SEC. 90.Section 16336.6 of the Probate Code is amended to read:16336.6.Unless expressly prohibited by the governing instrument, a trustee may reconvert the trust from a unitrust or change the payout percentage of a unitrust.
(a)The trustee may make the reconversion or change in payout percentage without a court order if all of the following conditions are satisfied:
(1)At least three years have elapsed since the most recent conversion to a unitrust.
(2)The trustee determines that reconversion or change in payout percentage would enable the trustee to better comply with the provisions of subdivision (b) of Section 16335.
(3)One of the following notice requirements is satisfied:
(A)In the case of a proposed reconversion, the trustee gives written notice of the trustees intention to convert that complies with the requirements of Chapter 5 (commencing with Section 16500) and no beneficiary objects to the proposed action in a writing delivered pursuant to Section 1215 to the trustee within the period prescribed by subdivision (d) of Section 16502. The trustees notice shall include the information described in paragraphs (3) and (4) of subdivision (c) of Section 16336.4.
(B)In the case of a proposed change in payout percentage, the trustee gives written notice stating the new payout percentage that the trustee proposes to adopt, which notice shall comply with the requirements of Chapter 5 (commencing with Section 16500), and no beneficiary objects to the proposed action in a writing delivered pursuant to Section 1215 to the trustee within the period prescribed by subdivision (d) of Section 16502.
(b)The trustee may make the reconversion or change in payout percentage at any time pursuant to court order provided that: (1) the court determines that reconversion or change in payout percentage will enable the trustee to better comply with the provisions of subdivision (b) of Section 16335, and (2) in the case of a change in payout percentage, the new payout percentage is at least 3 percent and no greater than 5 percent. The court may enter an order pursuant to this subdivision upon the petition of the trustee or any beneficiary.
SEC. 91.Section 16501 of the Probate Code is amended to read:16501.(a)The trustee who elects to provide notice pursuant to this chapter shall deliver notice pursuant to Section 1215 of the proposed action to each of the following:
(1)A beneficiary who is receiving, or is entitled to receive, income under the trust, including a beneficiary who is entitled to receive income at the discretion of the trustee.
(2)A beneficiary who would receive a distribution of principal if the trust were terminated at the time the notice is given.
(b)Notice of proposed action is not required to be given to a person who consents in writing to the proposed action. The consent may be executed at any time before or after the proposed action is taken.
(c)A trustee is not required to provide a copy of the notice of proposed action to a beneficiary who is known to the trustee but who cannot be located by the trustee after reasonable diligence or who is unknown to the trustee.
(d)Notwithstanding any other provision of this chapter, the trustee may not use a notice of proposed action in any of the following actions:
(1)Allowance of the trustees compensation.
(2)Allowance of compensation of the attorney for the trustee.
(3)Settlement of accounts.
(4)Discharge of the trustee.
(5)Sale of property of the trust to the trustee or to the attorney for the trustee.
(6)Exchange of property of the trust for property of the trustee or for property of the attorney for the trustee.
(7)Grant of an option to purchase property of the trust to the trustee or to the attorney for the trustee.
(8)Allowance, payment, or compromise of a claim of the trustee, or the attorney for the trustee, against the trust.
(9)Compromise or settlement of a claim, action, or proceeding by the trust against the trustee or against the attorney for the trust.
(10)Extension, renewal, or modification of the terms of a debt or other obligation of the trustee, or the attorney for the trustee, owing to or in favor of the trust.
SEC. 92.Section 16502 of the Probate Code is amended to read:16502.The notice of proposed action shall state that it is given pursuant to this section and shall include all of the following:
(a)The name, mailing address, and electronic address of the trustee.
(b)The name, telephone number, and electronic address of a person who may be contacted for additional information.
(c)A description of the action proposed to be taken and an explanation of the reasons for the action.
(d)The time within which objections to the proposed action can be made, which shall be at least 45 days from the delivery or receipt of the notice of proposed action.
(e)The date on or after which the proposed action may be taken or is effective.
SEC. 93.Section 16503 of the Probate Code is amended to read:16503.(a)A beneficiary may object to the proposed action by delivering a written objection pursuant to Section 1215 to the trustee at the address stated in the notice of proposed action within the time period specified in the notice of proposed action.
(b)A trustee is not liable to a beneficiary for an action regarding a matter governed by this part if the trustee does not receive a written objection to the proposed action from a beneficiary within the applicable period and the other requirements of this section are satisfied. If no beneficiary entitled to notice objects under this section, the trustee is not liable to any current or future beneficiary with respect to the proposed action. This subdivision does not apply to a person who is a minor or an incompetent adult at the time of receiving the notice of proposed action unless the notice is served on a guardian or conservator of the estate of the person.
(c)If the trustee receives a written objection within the applicable period, either the trustee or a beneficiary may petition the court to have the proposed action taken as proposed, taken with modifications, or denied. In the proceeding, a beneficiary objecting to the proposed action has the burden of proving that the trustees proposed action should not be taken. A beneficiary who has not objected is not estopped from opposing the proposed action in the proceeding.
(d)If the trustee decides not to implement the proposed action, the trustee shall notify the beneficiaries of the decision not to take the action and the reasons for the decision, and the trustees decision not to implement the proposed action does not itself give rise to liability to any current or future beneficiary. A beneficiary may petition the court to have the action taken, and has the burden of proving that it should be taken.
SEC. 94.Section 17203 of the Probate Code is amended to read:17203.(a)At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of hearing to be delivered pursuant to Section 1215 to all of the following persons:
(1)All trustees.
(2)All beneficiaries, subject to Chapter 2 (commencing with Section 15800) of Part 3.
(3)The Attorney General, if the petition relates to a charitable trust subject to the jurisdiction of the Attorney General.
(b)At least 30 days before the time set for hearing on the petition, the petitioner shall cause notice of the hearing and a copy of the petition to be served in the manner provided in Chapter 4 (commencing with Section 413.10) of Title 5 of Part 2 of the Code of Civil Procedure on any person, other than a trustee or beneficiary, whose right, title, or interest would be affected by the petition and who does not receive notice pursuant to subdivision (a). The court may not shorten the time for giving notice under this subdivision.
(c)If a person to whom notice otherwise would be given has been deceased for at least 40 days, and no personal representative has been appointed for the estate of that person, and the deceased persons right, title, or interest has not passed to any other person pursuant to Division 8 (commencing with Section 13000) or otherwise, notice may instead be given to the following persons:
(1)Each heir and devisee of the decedent, and all persons named as executors of the will of the decedent, so far as known to the petitioner.
(2)Each person serving as guardian or conservator of the decedent at the time of the decedents death, so far as known to the petitioner.
SEC. 95.Section 17204 of the Probate Code is amended to read:17204.(a)If proceedings involving a trust are pending, a beneficiary of the trust may, in person or by attorney, file with the court clerk where the proceedings are pending a written request stating that the beneficiary desires special notice of the filing of petitions in the proceeding relating to any or all of the purposes described in Section 17200 and giving an address for receiving notice by mail. A copy of the request shall be delivered pursuant to Section 1215 to the trustee or the trustees attorney. If personally delivered, the request shall be effective when it is delivered. If mailed or electronically delivered, the request shall be effective when it is received. When the original of the request is filed with the court clerk, it shall be accompanied by a written admission or proof of service. A request for special notice may be modified or withdrawn in the same manner as provided for the making of the initial request.
(b)(1)An interested person may request special notice in the same manner as a beneficiary under subdivision (a), for the purpose set forth in paragraph (9) of subdivision (b) of Section 17200. The request for special notice shall be accompanied by a verified statement of the persons interest.
(2)For purposes set forth in paragraphs (2), (4) to (6), inclusive, (8), (12), (16), (20), and (21) of subdivision (b) of Section 17200, an interested person may petition the court for an order for special notice of proceedings involving a trust. The petition shall include a verified statement of the creditors interest and may be served on the trustee or the trustees attorney in a manner described in Section 1215. The petition may be made by ex parte application.
(3)For purposes of this subdivision, an interested person means only a creditor of a trust or, if the trust has become irrevocable upon the death of a trustor, a creditor of the trustor.
(4)This section does not confer standing on an interested person if standing does not otherwise exist.
(c)Except as provided in subdivision (d), after serving and filing a request and proof of service pursuant to subdivision (a) or paragraph (1) of subdivision (b), the beneficiary or the interested person is entitled to notice pursuant to Section 17203. If the petition of an interested person filed pursuant to paragraph (2) of subdivision (b) is granted by the court, the interested person is entitled to notice pursuant to Section 17203.
(d)A request for special notice made by a beneficiary whose right to notice is restricted by Section 15802 is not effective.
SEC. 96.Section 17205 of the Probate Code is amended to read:17205.If a trustee or beneficiary has served and filed either a notice of appearance, in person or by counsel, directed to the petitioner or the petitioners counsel in connection with a particular petition and proceeding or a written request for a copy of the petition, and has given an address to which notice or a copy of the petition may be delivered pursuant to Section 1215, the petitioner shall cause a copy of the petition to be delivered to that person within five days after service of the notice of appearance or receipt of the request.
SEC. 97.Section 17403 of the Probate Code is amended to read:17403.(a)At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of the time and place of the hearing to be delivered pursuant to Section 1215 to each of the persons named in the petition at their respective addresses as stated in the petition.
(b)Any person interested in the trust, as trustee, beneficiary, or otherwise, may appear and file written grounds in opposition to the petition.
SEC. 98.Section 17454 of the Probate Code is amended to read:17454.(a)At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of the time and place of the hearing to be delivered pursuant to Section 1215 to each of the persons named in the petition at their respective addresses as stated in the petition.
(b)Any person interested in the trust, as trustee, beneficiary, or otherwise, may appear and file written grounds in opposition to the petition.
SEC. 99.Section 19011 of the Probate Code is amended to read:19011.(a)The Judicial Council may prescribe the form and contents of the petition, notice, claim form, and allowance or rejection form to be used pursuant to this part. The allowance or rejection form may be part of the claim form.
(b)Any claim form adopted by the Judicial Council shall inform the creditor that the claim must be filed with the court and a copy delivered pursuant to Section 1215 to the trustee. The claim form shall include a proof of delivery of a copy of the claim to the trustee, which may be completed by the claimant.
SEC. 100.Section 19024 of the Probate Code is amended to read:19024.At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of the time and place of the hearing, together with a copy of the petition, to be delivered pursuant to Section 1215 to each of the following persons who is not a petitioner:
(a)All trustees of the trust and of any other trusts to which an allocation of liability may be approved by the court pursuant to the petition.
(b)All beneficiaries affected.
(c)The personal representative of the deceased settlors probate estate, if any is known to the trustee.
(d)The Attorney General, if the petition relates to a charitable trust subject to the jurisdiction of the Attorney General, unless the Attorney General waives notice.
SEC. 101.Section 19040 of the Probate Code is amended to read:19040.(a)Publication of notice pursuant to this section shall be for at least 15 days. Three publications in a newspaper published once a week or more often, with at least five days intervening between the first and last publication dates, not counting the first and last publication dates as part of the five-day period, are sufficient. Notice shall be published in a newspaper of general circulation in the city, county, or city and county in this state where the deceased settlor resided at the time of death, or if none, in the city, county, or city and county in this state wherein trust property was located at the time of the settlors death, or if none, in the city, county, or city and county in this state wherein the principal place of administration of the trust was located at the time of the settlors death. If there is no newspaper of general circulation published in the applicable city, county, or city and county, notice shall be published in a newspaper of general circulation published in this state nearest to the applicable city, county, or city and county seat, and which is circulated within the applicable city, county, or city and county. If there is no such newspaper, notice shall be given in written or printed form, posted at three of the most public places within the community. For purposes of this section, city means a charter city as defined in Section 34101 of the Government Code or a general law city as defined in Section 34102 of the Government Code.
(b)The caption of the notice, the deceased settlors name, and the name of the trustee shall be in at least 8-point type, the text of the notice shall be in at least 7-point type, and the notice shall state substantially as follows:
NOTICE TO CREDITORS | |
# ____________ SUPERIOR COURT OF CALIFORNIA COUNTY OF _________ Notice is hereby given to the creditors and contingent creditors of the above-named decedent, that all persons having claims against the decedent are required to file them with the Superior Court, at _______, and deliver pursuant to Section 1215 of the California Probate Code a copy to _____, as trustee of the trust dated ____ wherein the decedent was the settlor, at _____, within the later of four months after ____ (the date of the first publication of notice to creditors) or, if notice is mailed or personally delivered to you, 60 days after the date this notice is mailed or personally delivered to you. A claim form may be obtained from the court clerk. For your protection, you are encouraged to file your claim by certified mail, with return receipt requested. | |
(name and address of trustee or attorney) |
(c)An affidavit showing due publication of notice shall be filed with the clerk upon completion of the publication. The affidavit shall contain a copy of the notice, and state the date of its first publication.
SEC. 102.Section 19052 of the Probate Code is amended to read:19052.The notice shall be in substantially the following form:
NOTICE TO CREDITORS
OF _____________
# ____________
SUPERIOR COURT OF CALIFORNIA
COUNTY OF _________
Notice is hereby given to the creditors and contingent creditors of the above-named decedent, that all persons having claims against the decedent are required to file them with the Superior Court, at _______, and deliver pursuant to Section 1215 of the California Probate Code a copy to ______, as trustee of the trust dated _____ wherein the decedent was the settlor, at _______, within the later of four months after _____ (the date of the first publication of notice to creditors) or, if notice is mailed or personally delivered to you, 60 days after the date this notice is
mailed or personally delivered to you, or you must petition to file a late claim as provided in Section 19103 of the Probate Code. A claim form may be obtained from the court clerk. For your protection, you are encouraged to file your claim by certified mail, with return receipt requested.
__________________________
(Date of mailing this
notice if applicable)
___________________________
(name and address of
trustee or attorney)
(a)A claim may be filed by the creditor or a person acting on behalf of the claimant.
(b)A claim shall be filed with the court and a copy shall be delivered to the trustee pursuant to Section 1215. Failure to deliver a copy to the trustee does not invalidate a properly filed claim, but any loss that results from the failure shall be borne by the creditor.
SEC. 104.Section 19153 of the Probate Code is amended to read:19153.The Judicial Council may adopt a claim form which shall inform the creditor that the claim must be filed with the court and a copy delivered to the trustee pursuant to Section 1215. Any such claim form shall include a proof of delivery of a copy of the claim to the trustee which may be completed by the creditor.
SEC. 105.Section 19323 of the Probate Code is amended to read:19323.(a)At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of the time and place of the hearing and a copy of the petition to be served on the surviving spouse in the manner provided in Chapter 4 (commencing with Section 413.10) of Title 5 of Part 2 of the Code of Civil Procedure.
(b)At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of the time and place of hearing, together with a copy of the petition, to be delivered pursuant to Section 1215 to each of the following persons who are not petitioners:
(1)All trustees of the trust and of any trusts to which an allocation of liability may be approved by the court pursuant to the petition.
(2)All beneficiaries affected.
(3)The personal representative of the deceased settlors probate estate, if any is known to the trustee.
(4)The Attorney General, if the petition relates to a charitable trust subject to the jurisdiction of the Attorney General, unless the Attorney General waives notice.
SEC. 106.Section 20122 of the Probate Code is amended to read:20122.Not less than 30 days before the hearing, the petitioner shall do both of the following:
(a)Cause notice of the hearing and a copy of the petition to be delivered pursuant to Section 1215 to the personal representative and to each person interested in the estate against whom prorated amounts may be charged pursuant to paragraph (1) of subdivision (a) of Section 20123.
(b)Cause a summons and a copy of the petition to be served on each person interested in the estate who may be directed to make payment of prorated amounts pursuant to paragraph (2) of subdivision (a) of Section 20123. The summons shall be in the form and shall be served in the manner prescribed in Title 5 (commencing with Section 410.10) of Part 2 of the Code of Civil Procedure.
SEC. 107.Section 20222 of the Probate Code is amended to read:20222.Not less than 30 days before the hearing the petitioner shall do both of the following:
(a)Cause notice of the hearing and a copy of the petition to be delivered pursuant to Section 1215 to the trustee and each transferee against whom prorated amounts may be charged pursuant to paragraph (1) of subdivision (a) of Section 20223.
(b)Cause a summons and a copy of the petition to be served on each transferee who may be directed to make payment of prorated amounts pursuant to paragraph (2) of subdivision (a) of Section 20223. The summons shall be in the form and shall be served in the manner prescribed in Title 5 (commencing with Section 410.10) of Part 2 of the Code of Civil Procedure.
SEC. 108.Section 212.5 is added to the Welfare and Institutions Code, to read:212.5.Unless otherwise provided by law, a document in a juvenile court matter may be filed and served electronically as prescribed by Section 1010.6 of the Code of Civil Procedure, under the following conditions:
(a)Electronic service is authorized only if the county and the court permit electronic service.
(b)(1)On or before December 31, 2018, electronic service on a party or other person is permitted only if the party or other person has consented to accept electronic service in that specific action. A party or other person may subsequently withdraw its consent to electronic service.
(b)Electronic(2)On or after January 1, 2019, electronic service on a party or other person is permitted only if the party or other person has expressly consented, as provided in Section 1010.6 of the Code of Civil Procedure. A party or other person may subsequently withdraw its consent to electronic service by completing the appropriate Judicial Council form.
(c)Consent, or the withdrawal of consent, to receive electronic service may be completed by a party or other person entitled to service, or that persons attorney.
(d)Electronic service shall be provided in the following manner:
(1)Electronic service is not permitted on any party or person who is under 10 years of age.
(2)Electronic service is not permitted on any party or person who is between 10 years of age and 15 years of age without the express consent of the minor and the minors attorney.
(3)Electronic service shall be permitted on any party or person who is 16 to 18 years of age only if the minor, after consultation with his or her attorney, consents. By January 1, 2019, the Judicial Council shall develop a rule of court on the duties of the minors attorney during the required consultation.
(4)Electronic service of psychological or medical documentation related to a minor shall not be permitted, other than the summary required pursuant to Section 16010 when included as part of a required report to the court.
(e)In the following matters, the party or other person shall be served by both electronic means and by other means specified by law if the document to be served is one of the following:
(1)A notice of hearing or an appellate advisement issued pursuant to subparagraph (A) of paragraph (3) of subdivision (l) of Section 366.26 for a hearing at which a social worker is recommending the termination of parental rights.
(2)A citation issued pursuant to Section 661.
(3)A notice of hearing pursuant to subdivision (d) of Section 777.
(f)If the minor is an Indian child or the court has reason to know that an Indian child is involved, service shall be made pursuant to Section 224.2.
(g)Electronic service and electronic filing shall be conducted in a manner that preserves and ensures the confidentiality of records by encryption.
(h)The requirements of this section shall be consistent with Section 1010.6 of the Code of Civil Procedure and rules of court adopted by the Judicial Council pursuant to that section.
SEC. 109.Section 248 of the Welfare and Institutions Code is amended to read:248.(a)A referee shall hear those cases that are assigned to him or her by the presiding judge of the juvenile court, with the same powers as a judge of the juvenile court, except that a referee shall not conduct any hearing to which the state or federal constitutional prohibitions against double jeopardy apply unless all of the parties thereto stipulate in writing that the referee may act in the capacity of a temporary judge. A referee shall promptly furnish to the presiding judge of the juvenile court and the minor, if the minor is 14 or more years of age or if younger has so requested, and shall serve upon the minors attorney of record and the minors parent or guardian or adult relative and the attorney of record for the minors parent or guardian or adult relative a written copy of his or her findings and order and shall also furnish to the minor, if the minor is 14 or more years of age or if younger has so requested, and to the parent or guardian or adult relative, with the findings and order, a written explanation of the right of those persons to seek review of the order by the juvenile court.
(b)Service, as provided in this section, shall be made as follows:
(1)If a minor, parent, or guardian is present in court at the time the findings and order are made, then the findings and order may be served in court on any minor, parent, or guardian who is present in court on that date and a written explanation of the right to seek review of the order as required pursuant to subdivision (a) shall be furnished at that time.
(2)If paragraph (1) is not applicable, service shall be made by mail or electronic service pursuant to Section 212.5, within the time period specified in Section 248.5, to the last known address of those persons or to the address designated by those persons appearing at the hearing before the referee and the documents served shall include, if applicable, the written explanation of the right to seek review of the order. If the parent or guardian does not have a last known address or electronic service address designated, service shall be to that party in care of his or her counsel.
SEC. 110.Section 248.5 of the Welfare and Institutions Code is amended to read:248.5.All written findings and orders of the court shall be served by the clerk of the court personally, by first-class mail, or by electronic service pursuant to Section 212.5, within three judicial days of their issuance on the petitioner, the minor or the minors counsel, the parent or the parents counsel, and the guardian or the guardians counsel.
SEC. 111.Section 290.1 of the Welfare and Institutions Code, as amended by Section 1 of Chapter 219 of the Statutes of 2015, is amended 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)Notice shall not be served electronically under this section.
(g)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. 112.Section 290.1 of the Welfare and Institutions Code, as added by Section 2 of Chapter 219 of the Statutes of 2015, is repealed.SEC. 113.Section 290.2 of the Welfare and Institutions Code, as amended by Section 309 of Chapter 86 of the Statutes of 2016, 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)Notice is not 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)Notice shall not be served electronically under this section.
(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. 114.Section 290.2 of the Welfare and Institutions Code, as amended by Section 310 of Chapter 86 of the Statutes of 2016, is repealed.SEC. 115.Section 291 of the Welfare and Institutions Code, as amended by Section 60 of Chapter 612 of the Statutes of 2016, 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, nonrelative extended family members, and resource family. 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 before 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 before 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, by first-class mail, or by electronic service pursuant to Section 212.5.
(3)If the child is not detained, the persons required to be noticed shall be noticed by personal service, by first-class mail, or by electronic service pursuant to Section 212.5, unless the person to be served is known to reside outside the county, in which case service shall be by first-class mail or by electronic service pursuant to Section 212.5.
(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. 116.Section 291 of the Welfare and Institutions Code, as amended by Section 61 of Chapter 612 of the Statutes of 2016, is repealed.SEC. 117.Section 292 of the Welfare and Institutions Code, as amended by Section 7 of Chapter 219 of the Statutes of 2015, 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 with return receipt requested, addressed to the last known address of the person to be noticed, or by electronic service pursuant to Section 212.5.
(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. 118.Section 292 of the Welfare and Institutions Code, as added by Section 8 of Chapter 219 of the Statutes of 2015, is repealed.SEC. 119.Section 293 of the Welfare and Institutions Code, as amended by Section 62 of Chapter 612 of the Statutes of 2016, 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, resource family, 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, by personal service, or by electronic service pursuant to Section 212.5.
(f)Notice to the current caregiver of the child, including a foster parent, a relative caregiver, a preadoptive parent, a nonrelative extended family member, a resource family, 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. 120.Section 293 of the Welfare and Institutions Code, as amended by Section 63 of Chapter 612 of the Statutes of 2016, is repealed.SEC. 121.Section 294 of the Welfare and Institutions Code, as amended by Section 64 of Chapter 612 of the Statutes of 2016, 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, nonrelative extended family members, or resource family. 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 service pursuant to Section 212.5, 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, placement with a fit and willing relative, or another planned permanent living arrangement, as appropriate, 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, placement with a fit and willing relative, or another planned permanent living arrangement, as appropriate, for the child. The court shall direct the parent to appear for the proceedings and then direct that the parent be notified thereafter only by first-class mail to the parents usual place of residence or business, or by electronic service pursuant to Section 212.5.
(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 served on the parent named in the notice by first-class mail at the place where the notice was delivered or by electronic service pursuant to Section 212.5.
(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, placement with a fit and willing relative, or another planned permanent living arrangement, as appropriate, service may be made by first-class mail to the parents usual place of residence or business or by electronic service pursuant to Section 212.5. In the case of an Indian child, if the recommendation of the probation officer or social worker is 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 or by electronic service pursuant to Section 212.5.
(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, placement with a fit and willing relative, or another planned permanent living arrangement, as appropriate, 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 or by electronic service pursuant to Section 212.5.
(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, placement with a fit and willing relative, or another planned permanent living arrangement, as appropriate, no further notice to the parent shall be required.
(h)Notice to all counsel of record shall be by first-class mail or by electronic service pursuant to Section 212.5.
(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)Notice of any hearing at which the county welfare department is recommending the termination of parental rights may only be served electronically if notice is also given by another means of service provided for in this section.
SEC. 122.Section 294 of the Welfare and Institutions Code, as amended by Section 65 of Chapter 612 of the Statutes of 2016, is repealed.SEC. 123.Section 295 of the Welfare and Institutions Code, as amended by Section 66 of Chapter 612 of the Statutes of 2016, 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, resource family, 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 or by electronic service pursuant to Section 212.5. 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 before 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. 124.Section 295 of the Welfare and Institutions Code, as amended by Section 67 of Chapter 612 of the Statutes of 2016, is repealed.SEC. 125.Section 297 of the Welfare and Institutions Code is amended to read:297.(a)A subsequent petition filed pursuant to Section 342 shall be noticed pursuant to Sections 290.1 and 290.2, except that service may be delivered by electronic service pursuant to Section 212.5.
(b)Upon the filing of a supplemental petition pursuant to Section 387, the clerk of the juvenile court shall immediately set the matter for hearing within 30 days of the date of the filing, and the social worker or probation officer shall cause notice thereof to be served upon the persons required by, and in the manner prescribed by, Sections 290.1, 290.2, and 291, except that service may be delivered by electronic service pursuant to Section 212.5.
(c)If a petition for modification has been filed pursuant to Section 388, and it appears that the best interest of the child may be promoted by the proposed change of the order, the recognition of a sibling relationship, or the termination of jurisdiction, the court shall order that a hearing be held and shall give prior notice, or cause prior notice to be given, to the social worker or probation officer and to the childs attorney of record, or if there is no attorney of record for the child, to the child, and his or her parent or parents or legal guardian or guardians in the manner prescribed by Section 291 unless a different manner is prescribed by the court.
(d)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.
(e)On and after January 1, 2012, if a petition for modification has been filed pursuant to subdivision (e) of Section 388 by a nonminor dependent, as described in subdivision (v) of Section 11400, no notice is required for a parent.
SEC. 126.Section 302 of the Welfare and Institutions Code is amended to read:302.(a)A juvenile court may assume jurisdiction over a child described in Section 300 regardless of whether the child was in the physical custody of both parents or was in the sole legal or physical custody of only one parent at the time that the events or conditions occurred that brought the child within the jurisdiction of the court.
(b)Unless their parental rights have been terminated, both parents shall be notified of all proceedings involving the child. In any case where the social worker is required to provide a parent or guardian with notice of a proceeding at which the social worker intends to present a report, the social worker shall also provide both parents, whether custodial or noncustodial, or any guardian, or the counsel for the parent or guardian a copy of the report prior to the hearing, by personal service, by first-class mail, or by electronic service pursuant to Section 212.5. The social worker shall not charge any fee for providing a copy of a report required by this subdivision. The social worker shall keep confidential the address of any parent who is known to be the victim of domestic violence.
(c)When a child is adjudged a dependent of the juvenile court, any issues regarding custodial rights between his or her parents shall be determined solely by the juvenile court, as specified in Sections 304, 361.2, and 362.4, so long as the child remains a dependent of the juvenile court.
(d)Any custody or visitation order issued by the juvenile court at the time the juvenile court terminates its jurisdiction pursuant to Section 362.4 regarding a child who has been previously adjudged to be a dependent child of the juvenile court shall be a final judgment and shall remain in effect after that jurisdiction is terminated. The order shall not be modified in a proceeding or action described in Section 3021 of the Family Code unless the court finds that there has been a significant change of circumstances since the juvenile court issued the order and modification of the order is in the best interests of the child.
SEC. 127.Section 316.1 of the Welfare and Institutions Code, as amended by Section 15 of Chapter 219 of the Statutes of 2015, is amended 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)Upon his or her appearance before the court, each party who consents to electronic service pursuant to Section 212.5 shall designate for the court his or her electronic service address. The court shall advise each party that the electronic service address will be used by the court and the social services agency for purposes of providing notice pursuant to Sections 291, 292, 293, 294, 295, 297, and 342, unless and until the party notifies the court or the social services agency of a new electronic service address in writing or unless the party withdraws consent to electronic service.
SEC. 128.Section 316.1 of the Welfare and Institutions Code, as added by Section 16 of Chapter 219 of the Statutes of 2015, is repealed.SEC. 129.Section 342 of the Welfare and Institutions Code is amended to read:342.(a)In any case in which a minor has been found to be a person described by Section 300 and the petitioner alleges new facts or circumstances, other than those under which the original petition was sustained, sufficient to state that the minor is a person described in Section 300, the petitioner shall file a subsequent petition. This section does not apply if the jurisdiction of the juvenile court has been terminated prior to the new allegations.
(b)Unless otherwise provided by law, all procedures and hearings required for an original petition are applicable to a subsequent petition filed under this section.
SEC. 130.Section 362.4 of the Welfare and Institutions Code is amended to read:362.4.(a)If the juvenile court terminates its jurisdiction over a minor who has been adjudged a dependent child of the juvenile court prior to the minors attainment of the age of 18 years, and proceedings for dissolution of marriage, for nullity of marriage, or for legal separation, of the minors parents, or proceedings to establish the paternity of the minor child brought under the Uniform Parentage Act, Part 3 (commencing with Section 7600) of Division 12 of the Family Code, are pending in the superior court of any county, or an order has been entered with regard to the custody of that minor, the juvenile court on its own motion, may issue a protective order as provided for in Section 213.5 or as defined in Section 6218 of the Family Code, and an order determining the custody of, or visitation with, the child.
(b)Any order issued pursuant to this section shall continue until modified or terminated by a subsequent order of the superior court. The order of the juvenile court shall be filed in the proceeding for nullity, dissolution, or legal separation, or in the proceeding to establish paternity, at the time the juvenile court terminates its jurisdiction over the minor, and shall become a part thereof.
(c)If no action is filed or pending relating to the custody of the minor in the superior court of any county, the juvenile court order may be used as the sole basis for opening a file in the superior court of the county in which the parent, who has been given custody, resides. The court may direct the parent or the clerk of the juvenile court to transmit the order to the clerk of the superior court of the county in which the order is to be filed. The clerk of the superior court shall, immediately upon receipt, open a file, without a filing fee, and assign a case number.
(d)The clerk of the superior court shall, upon the filing of any juvenile court custody order, send a copy of the order with the case number by first-class mail or by electronic means pursuant to Section 212.5 to the juvenile court and to the parents at the address listed on the order.
(e)The Judicial Council shall adopt forms for any custody or restraining order issued under this section. These form orders shall not be confidential.
SEC. 131.Section 364.05 of the Welfare and Institutions Code is amended to read:364.05.Notwithstanding Section 364, in a county of the first class, a copy of the report required pursuant to subdivision (b) of Section 364 shall be provided to all parties at least 10 calendar days before the hearing. This may be accomplished by electronically serving the report pursuant to Section 212.5 or by mailing the report at least 15 calendar days before the hearing to a party whose address is within the State of California, or at least 20 calendar days before the hearing to a party whose address is outside the State of California. The court shall grant a reasonable continuance, not to exceed 10 calendar days, upon request by any party or his or her counsel on the ground that the report was not provided at least 10 calendar days before the hearing as required by this section, unless the party or his or her counsel has expressly waived the requirement that the report be provided within the 10-day period or the court finds that the partys ability to proceed at the hearing is not prejudiced by the lack of timely service of the report. In making this determination, the court shall presume that a party is prejudiced by the lack of timely service of the report, and may find that the party is not prejudiced only by clear and convincing evidence to the contrary.
SEC. 132.Section 366.05 of the Welfare and Institutions Code is amended to read:366.05.Notwithstanding subdivision (c) of Section 366.21, in a county of the first class, any supplemental report filed in connection with a status review hearing held pursuant to subdivision (a) of Section 366 shall be provided to the parent or legal guardian and to counsel for the child at least 10 calendar days before the hearing. This may be accomplished by electronically serving the report pursuant to Section 212.5 or by mailing the report at least 15 calendar days before the hearing to a party whose address is within the State of California, or at least 20 calendar days before the hearing to a party whose address is outside the State of California. The court shall grant a reasonable continuance, not to exceed 10 calendar days, upon request by any party or his or her counsel on the ground that the report was not provided at least 10 calendar days before the hearing as required by this section, unless the party or his or her counsel has expressly waived the requirement that the report be provided within the 10-day period or the court finds that the partys ability to proceed at the hearing is not prejudiced by the lack of timely service of the report. In making this determination, the court shall presume that a party is prejudiced by the lack of timely service of the report, and may find that the party is not prejudiced only by clear and convincing evidence to the contrary.
SEC. 133.Section 366.21 of the Welfare and Institutions Code is amended to read:366.21.(a)Every hearing conducted by the juvenile court reviewing the status of a dependent child shall be placed on the appearance calendar. The court shall advise all persons present at the hearing of the date of the future hearing and of their right to be present and represented by counsel.
(b)Except as provided in Sections 294 and 295, notice of the hearing shall be provided pursuant to Section 293.
(c)At least 10 calendar days before the hearing, the social worker shall file a supplemental report with the court regarding the services provided or offered to the parent or legal guardian to enable him or her to assume custody and the efforts made to achieve legal permanence for the child if efforts to reunify fail, including, but not limited to, efforts to maintain relationships between a child who is 10 years of age or older and has been in out-of-home placement for six months or longer and individuals who are important to the child, consistent with the childs best interests; the progress made; and, where relevant, the prognosis for return of the child to the physical custody of his or her parent or legal guardian; and shall make his or her recommendation for disposition. If the child is a member of a sibling group described in subparagraph (C) of paragraph (1) of subdivision (a) of Section 361.5, the report and recommendation may also take into account those factors described in subdivision (e) relating to the childs sibling group. If the recommendation is not to return the child to a parent or legal guardian, the report shall specify why the return of the child would be detrimental to the child. The social worker shall provide the parent or legal guardian, counsel for the child, and any court-appointed child advocate with a copy of the report, including his or her recommendation for disposition, at least 10 calendar days before the hearing. The report may be served pursuant to Section 212.5. In the case of a child removed from the physical custody of his or her parent or legal guardian, the social worker shall, at least 10 calendar days before the hearing, provide a summary of his or her recommendation for disposition to any foster parents, relative caregivers, and certified foster parents who have been approved for adoption by the State Department of Social Services when it is acting as an adoption agency or by a county adoption agency, community care facility, or foster family agency having the physical custody of the child. The social worker shall include a copy of the Judicial Council Caregiver Information Form (JV-290) with the summary of his or her recommendation to the childs foster parents, relative caregivers, or foster parents approved for adoption, in the caregivers primary language when available, along with information on how to file the form with the court. The form and summary of the recommendation may be served electronically pursuant to Section 212.5.
(d)Prior to any hearing involving a child in the physical custody of a community care facility or a foster family agency that may result in the return of the child to the physical custody of his or her parent or legal guardian, or in adoption or the creation of a legal guardianship, or in the case of an Indian child, in consultation with the childs tribe, tribal customary adoption, the facility or agency shall file with the court a report, or a Judicial Council Caregiver Information Form (JV-290), containing its recommendation for disposition. Prior to the hearing involving a child in the physical custody of a foster parent, a relative caregiver, or a certified foster parent who has been approved for adoption by the State Department of Social Services when it is acting as an adoption agency or by a county adoption agency, the foster parent, relative caregiver, or the certified foster parent who has been approved for adoption by the State Department of Social Services when it is acting as an adoption agency or by a county adoption agency, may file with the court a report containing his or her recommendation for disposition. The court shall consider the report and recommendation filed pursuant to this subdivision prior to determining any disposition.
(e)(1)At the review hearing held six months after the initial dispositional hearing, but no later than 12 months after the date the child entered foster care as determined in Section 361.49, whichever occurs earlier, after considering the admissible and relevant evidence, the court shall order the return of the child to the physical custody of his or her parent or legal guardian unless the court finds, by a preponderance of the evidence, that the return of the child to his or her parent or legal guardian would create a substantial risk of detriment to the safety, protection, or physical or emotional well-being of the child. The social worker shall have the burden of establishing that detriment. At the hearing, the court shall consider the criminal history, obtained pursuant to paragraph (1) of subdivision (f) of Section 16504.5, of the parent or legal guardian subsequent to the childs removal to the extent that the criminal record is substantially related to the welfare of the child or the parents or guardians ability to exercise custody and control regarding his or her child, provided the parent or legal guardian agreed to submit fingerprint images to obtain criminal history information as part of the case plan. The court shall also consider whether the child can be returned to the custody of his or her parent who is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with his or her parent. The fact that the parent is enrolled in a certified substance abuse treatment facility shall not be, for that reason alone, prima facie evidence of detriment. The failure of the parent or legal guardian to participate regularly and make substantive progress in court-ordered treatment programs shall be prima facie evidence that return would be detrimental. In making its determination, the court shall review and consider the social workers report and recommendations and the report and recommendations of any child advocate appointed pursuant to Section 356.5; and shall consider the efforts or progress, or both, demonstrated by the parent or legal guardian and the extent to which he or she availed himself or herself of services provided, taking into account the particular barriers to a minor parent or a nonminor dependent parent, or an incarcerated, institutionalized, detained, or deported parents or legal guardians access to those court-mandated services and ability to maintain contact with his or her child.
(2)Regardless of whether the child is returned to a parent or legal guardian, the court shall specify the factual basis for its conclusion that the return would be detrimental or would not be detrimental. The court also shall make appropriate findings pursuant to subdivision (a) of Section 366; and, when relevant, shall order any additional services reasonably believed to facilitate the return of the child to the custody of his or her parent or legal guardian. The court shall also inform the parent or legal guardian that if the child cannot be returned home by the 12-month permanency hearing, a proceeding pursuant to Section 366.26 may be instituted. This section does not apply in a case in which, pursuant to Section 361.5, the court has ordered that reunification services shall not be provided.
(3)If the child was under three years of age on the date of the initial removal, or is a member of a sibling group described in subparagraph (C) of paragraph (1) of subdivision (a) of Section 361.5, and the court finds by clear and convincing evidence that the parent failed to participate regularly and make substantive progress in a court-ordered treatment plan, the court may schedule a hearing pursuant to Section 366.26 within 120 days. If, however, the court finds there is a substantial probability that the child, who was under three years of age on the date of initial removal or is a member of a sibling group described in subparagraph (C) of paragraph (1) of subdivision (a) of Section 361.5, may be returned to his or her parent or legal guardian within six months or that reasonable services have not been provided, the court shall continue the case to the 12-month permanency hearing.
(4)For the purpose of placing and maintaining a sibling group together in a permanent home, the court, in making its determination to schedule a hearing pursuant to Section 366.26 for some or all members of a sibling group, as described in subparagraph (C) of paragraph (1) of subdivision (a) of Section 361.5, shall review and consider the social workers report and recommendations. Factors the report shall address, and the court shall consider, may include, but need not be limited to, whether the sibling group was removed from parental care as a group, the closeness and strength of the sibling bond, the ages of the siblings, the appropriateness of maintaining the sibling group together, the detriment to the child if sibling ties are not maintained, the likelihood of finding a permanent home for the sibling group, whether the sibling group is currently placed together in a preadoptive home or has a concurrent plan goal of legal permanency in the same home, the wishes of each child whose age and physical and emotional condition permits a meaningful response, and the best interests of each child in the sibling group. The court shall specify the factual basis for its finding that it is in the best interests of each child to schedule a hearing pursuant to Section 366.26 within 120 days for some or all of the members of the sibling group.
(5)If the child was removed initially under subdivision (g) of Section 300 and the court finds by clear and convincing evidence that the whereabouts of the parent are still unknown, or the parent has failed to contact and visit the child, the court may schedule a hearing pursuant to Section 366.26 within 120 days. The court shall take into account any particular barriers to a parents ability to maintain contact with his or her child due to the parents incarceration, institutionalization, detention by the United States Department of Homeland Security, or deportation. If the court finds by clear and convincing evidence that the parent has been convicted of a felony indicating parental unfitness, the court may schedule a hearing pursuant to Section 366.26 within 120 days.
(6)If the child had been placed under court supervision with a previously noncustodial parent pursuant to Section 361.2, the court shall determine whether supervision is still necessary. The court may terminate supervision and transfer permanent custody to that parent, as provided for by paragraph (1) of subdivision (b) of Section 361.2.
(7)In all other cases, the court shall direct that any reunification services previously ordered shall continue to be offered to the parent or legal guardian pursuant to the time periods set forth in subdivision (a) of Section 361.5, provided that the court may modify the terms and conditions of those services.
(8)If the child is not returned to his or her parent or legal guardian, the court shall determine whether reasonable services that were designed to aid the parent or legal guardian in overcoming the problems that led to the initial removal and the continued custody of the child have been provided or offered to the parent or legal guardian. The court shall order that those services be initiated, continued, or terminated.
(f)(1)The permanency hearing shall be held no later than 12 months after the date the child entered foster care, as that date is determined pursuant to Section 361.49. At the permanency hearing, the court shall determine the permanent plan for the child, which shall include a determination of whether the child will be returned to the childs home and, if so, when, within the time limits of subdivision (a) of Section 361.5. After considering the relevant and admissible evidence, the court shall order the return of the child to the physical custody of his or her parent or legal guardian unless the court finds, by a preponderance of the evidence, that the return of the child to his or her parent or legal guardian would create a substantial risk of detriment to the safety, protection, or physical or emotional well-being of the child. The social worker shall have the burden of establishing that detriment.
(A)At the permanency hearing, the court shall consider the criminal history, obtained pursuant to paragraph (1) of subdivision (f) of Section 16504.5, of the parent or legal guardian subsequent to the childs removal to the extent that the criminal record is substantially related to the welfare of the child or the parents or legal guardians ability to exercise custody and control regarding his or her child, provided that the parent or legal guardian agreed to submit fingerprint images to obtain criminal history information as part of the case plan. The court shall also determine whether reasonable services that were designed to aid the parent or legal guardian to overcome the problems that led to the initial removal and continued custody of the child have been provided or offered to the parent or legal guardian.
(B)The court shall also consider whether the child can be returned to the custody of his or her parent who is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with his or her parent. The fact that the parent is enrolled in a certified substance abuse treatment facility shall not be, for that reason alone, prima facie evidence of detriment. The failure of the parent or legal guardian to participate regularly and make substantive progress in court-ordered treatment programs shall be prima facie evidence that return would be detrimental.
(C)In making its determination, the court shall review and consider the social workers report and recommendations and the report and recommendations of any child advocate appointed pursuant to Section 356.5, shall consider the efforts or progress, or both, demonstrated by the parent or legal guardian and the extent to which he or she availed himself or herself of services provided, taking into account the particular barriers to a minor parent or a nonminor dependent parent, or an incarcerated, institutionalized, detained, or deported parents or legal guardians access to those court-mandated services and ability to maintain contact with his or her child, and shall make appropriate findings pursuant to subdivision (a) of Section 366.
(D)For each youth 16 years of age and older, the court shall also determine whether services have been made available to assist him or her in making the transition from foster care to successful adulthood.
(2)Regardless of whether the child is returned to his or her parent or legal guardian, the court shall specify the factual basis for its decision. If the child is not returned to a parent or legal guardian, the court shall specify the factual basis for its conclusion that the return would be detrimental. The court also shall make a finding pursuant to subdivision (a) of Section 366. If the child is not returned to his or her parent or legal guardian, the court shall consider, and state for the record, in-state and out-of-state placement options. If the child is placed out of the state, the court shall make a determination whether the out-of-state placement continues to be appropriate and in the best interests of the child.
(g)If the time period in which the court-ordered services were provided has met or exceeded the time period set forth in subparagraph (A), (B), or (C) of paragraph (1) of subdivision (a) of Section 361.5, as appropriate, and a child is not returned to the custody of a parent or legal guardian at the permanency hearing held pursuant to subdivision (f), the court shall do one of the following:
(1)Continue the case for up to six months for a permanency review hearing, provided that the hearing shall occur within 18 months of the date the child was originally taken from the physical custody of his or her parent or legal guardian. The court shall continue the case only if it finds that there is a substantial probability that the child will be returned to the physical custody of his or her parent or legal guardian and safely maintained in the home within the extended period of time or that reasonable services have not been provided to the parent or legal guardian. For purposes of this section, in order to find a substantial probability that the child will be returned to the physical custody of his or her parent or legal guardian and safely maintained in the home within the extended period of time, the court shall be required to find all of the following:
(A)That the parent or legal guardian has consistently and regularly contacted and visited with the child.
(B)That the parent or legal guardian has made significant progress in resolving problems that led to the childs removal from the home.
(C)The parent or legal guardian has demonstrated the capacity and ability both to complete the objectives of his or her treatment plan and to provide for the childs safety, protection, physical and emotional well-being, and special needs.
(i)For purposes of this subdivision, the courts decision to continue the case based on a finding or substantial probability that the child will be returned to the physical custody of his or her parent or legal guardian is a compelling reason for determining that a hearing held pursuant to Section 366.26 is not in the best interests of the child.
(ii)The court shall inform the parent or legal guardian that if the child cannot be returned home by the next permanency review hearing, a proceeding pursuant to Section 366.26 may be instituted. The court shall not order that a hearing pursuant to Section 366.26 be held unless there is clear and convincing evidence that reasonable services have been provided or offered to the parent or legal guardian.
(2)Continue the case for up to six months for a permanency review hearing, provided that the hearing shall occur within 18 months of the date the child was originally taken from the physical custody of his or her parent or legal guardian, if the parent has been arrested and issued an immigration hold, detained by the United States Department of Homeland Security, or deported to his or her country of origin, and the court determines either that there is a substantial probability that the child will be returned to the physical custody of his or her parent or legal guardian and safely maintained in the home within the extended period of time or that reasonable services have not been provided to the parent or legal guardian.
(3)For purposes of paragraph (2), in order to find a substantial probability that the child will be returned to the physical custody of his or her parent or legal guardian and safely maintained in the home within the extended period of time, the court shall find all of the following:
(A)The parent or legal guardian has consistently and regularly contacted and visited with the child, taking into account any particular barriers to a parents ability to maintain contact with his or her child due to the parents arrest and receipt of an immigration hold, detention by the United States Department of Homeland Security, or deportation.
(B)The parent or legal guardian has made significant progress in resolving the problems that led to the childs removal from the home.
(C)The parent or legal guardian has demonstrated the capacity or ability both to complete the objectives of his or her treatment plan and to provide for the childs safety, protection, physical and emotional well-being, and special needs.
(4)Order that a hearing be held within 120 days, pursuant to Section 366.26, but only if the court does not continue the case to the permanency planning review hearing and there is clear and convincing evidence that reasonable services have been provided or offered to the parents or legal guardians. On and after January 1, 2012, a hearing pursuant to Section 366.26 shall not be ordered if the child is a nonminor dependent, unless the nonminor dependent is an Indian child and tribal customary adoption is recommended as the permanent plan.
(5)Order that the child remain in foster care, but only if the court finds by clear and convincing evidence, based upon the evidence already presented to it, including a recommendation by the State Department of Social Services when it is acting as an adoption agency or by a county adoption agency, that there is a compelling reason for determining that a hearing held pursuant to Section 366.26 is not in the best interests of the child because the child is not a proper subject for adoption and has no one willing to accept legal guardianship as of the hearing date. For purposes of this section, a recommendation by the State Department of Social Services when it is acting as an adoption agency or by a county adoption agency that adoption is not in the best interests of the child shall constitute a compelling reason for the courts determination. That recommendation shall be based on the present circumstances of the child and shall not preclude a different recommendation at a later date if the childs circumstances change. On and after January 1, 2012, the nonminor dependents legal status as an adult is in and of itself a compelling reason not to hold a hearing pursuant to Section 366.26. The court may order that a nonminor dependent who otherwise is eligible pursuant to Section 11403 remain in a planned, permanent living arrangement.
(A)The court shall make factual findings identifying any barriers to achieving the permanent plan as of the hearing date. When the child is under 16 years of age, the court shall order a permanent plan of return home, adoption, tribal customary adoption in the case of an Indian child, legal guardianship, or placement with a fit and willing relative, as appropriate. When the child is 16 years of age or older, or is a nonminor dependent, and no other permanent plan is appropriate at the time of the hearing, the court may order another planned permanent living arrangement, as described in paragraph (2) of subdivision (i) of Section 16501.
(B)If the court orders that a child who is 10 years of age or older remain in foster care, the court shall determine whether the agency has made reasonable efforts to maintain the childs relationships with individuals other than the childs siblings who are important to the child, consistent with the childs best interests, and may make any appropriate order to ensure that those relationships are maintained.
(C)If the child is not returned to his or her parent or legal guardian, the court shall consider, and state for the record, in-state and out-of-state options for permanent placement. If the child is placed out of the state, the court shall make a determination whether the out-of-state placement continues to be appropriate and in the best interests of the child.
(h)In any case in which the court orders that a hearing pursuant to Section 366.26 shall be held, it shall also order the termination of reunification services to the parent or legal guardian. The court shall continue to permit the parent or legal guardian to visit the child pending the hearing unless it finds that visitation would be detrimental to the child. The court shall make any other appropriate orders to enable the child to maintain relationships with individuals, other than the childs siblings, who are important to the child, consistent with the childs best interests. When the court orders a termination of reunification services to the parent or legal guardian, it shall also order that the childs caregiver receive the childs birth certificate in accordance with Sections 16010.4 and 16010.5. Additionally, when the court orders a termination of reunification services to the parent or legal guardian, it shall order, when appropriate, that a child who is 16 years of age or older receive his or her birth certificate.
(i)(1)Whenever a court orders that a hearing pursuant to Section 366.26, including, when, in consultation with the childs tribe, tribal customary adoption is recommended, shall be held, it shall direct the agency supervising the child and the county adoption agency, or the State Department of Social Services when it is acting as an adoption agency, to prepare an assessment that shall include:
(A)Current search efforts for an absent parent or parents or legal guardians.
(B)A review of the amount of and nature of any contact between the child and his or her parents or legal guardians and other members of his or her extended family since the time of placement. Although the extended family of each child shall be reviewed on a case-by-case basis, extended family for the purpose of this subparagraph shall include, but not be limited to, the childs siblings, grandparents, aunts, and uncles.
(C)An evaluation of the childs medical, developmental, scholastic, mental, and emotional status.
(D)A preliminary assessment of the eligibility and commitment of any identified prospective adoptive parent or legal guardian, including the prospective tribal customary adoptive parent, particularly the caretaker, to include a social history including screening for criminal records and prior referrals for child abuse or neglect, the capability to meet the childs needs, and the understanding of the legal and financial rights and responsibilities of adoption and guardianship. If a proposed guardian is a relative of the minor, the assessment shall also consider, but need not be limited to, all of the factors specified in subdivision (a) of Section 361.3 and in Section 361.4.
(E)The relationship of the child to any identified prospective adoptive parent or legal guardian, the duration and character of the relationship, the degree of attachment of the child to the prospective relative guardian or adoptive parent, the relatives or adoptive parents strong commitment to caring permanently for the child, the motivation for seeking adoption or guardianship, a statement from the child concerning placement and the adoption or guardianship, and whether the child, if over 12 years of age, has been consulted about the proposed relative guardianship arrangements, unless the childs age or physical, emotional, or other condition precludes his or her meaningful response, and if so, a description of the condition.
(F)A description of efforts to be made to identify a prospective adoptive parent or legal guardian, including, but not limited to, child-specific recruitment and listing on an adoption exchange within the state or out of the state.
(G)An analysis of the likelihood that the child will be adopted if parental rights are terminated.
(H)In the case of an Indian child, in addition to subparagraphs (A) to (G), inclusive, an assessment of the likelihood that the child will be adopted, when, in consultation with the childs tribe, a tribal customary adoption, as defined in Section 366.24, is recommended. If tribal customary adoption is recommended, the assessment shall include an analysis of both of the following:
(i)Whether tribal customary adoption would or would not be detrimental to the Indian child and the reasons for reaching that conclusion.
(ii)Whether the Indian child cannot or should not be returned to the home of the Indian parent or Indian custodian and the reasons for reaching that conclusion.
(2)(A)A relative caregivers preference for legal guardianship over adoption, if it is due to circumstances that do not include an unwillingness to accept legal or financial responsibility for the child, shall not constitute the sole basis for recommending removal of the child from the relative caregiver for purposes of adoptive placement.
(B)Regardless of his or her immigration status, a relative caregiver shall be given information regarding the permanency options of guardianship and adoption, including the long-term benefits and consequences of each option, prior to establishing legal guardianship or pursuing adoption. If the proposed permanent plan is guardianship with an approved relative caregiver for a minor eligible for aid under the Kin-GAP Program, as provided for in Article 4.7 (commencing with Section 11385) of Chapter 2 of Part 3 of Division 9, the relative caregiver shall be informed about the terms and conditions of the negotiated agreement pursuant to Section 11387 and shall agree to its execution prior to the hearing held pursuant to Section 366.26. A copy of the executed negotiated agreement shall be attached to the assessment.
(j)If, at any hearing held pursuant to Section 366.26, a guardianship is established for the minor with an approved relative caregiver, and juvenile court dependency is subsequently dismissed, the minor shall be eligible for aid under the Kin-GAP Program, as provided for in Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385), as applicable, of Chapter 2 of Part 3 of Division 9.
(k)As used in this section, relative means an adult who is related to the minor by blood, adoption, or affinity within the fifth degree of kinship, including stepparents, stepsiblings, and all relatives whose status is preceded by the words great, great-great, or grand, or the spouse of any of those persons even if the marriage was terminated by death or dissolution. If the proposed permanent plan is guardianship with an approved relative caregiver for a minor eligible for aid under the Kin-GAP Program, as provided for in Article 4.7 (commencing with Section 11385) of Chapter 2 of Part 3 of Division 9, relative as used in this section has the same meaning as relative as defined in subdivision (c) of Section 11391.
(l)For purposes of this section, evidence of any of the following circumstances shall not, in and of itself, be deemed a failure to provide or offer reasonable services:
(1)The child has been placed with a foster family that is eligible to adopt a child, or has been placed in a preadoptive home.
(2)The case plan includes services to make and finalize a permanent placement for the child if efforts to reunify fail.
(3)Services to make and finalize a permanent placement for the child, if efforts to reunify fail, are provided concurrently with services to reunify the family.
SEC. 134.Section 366.26 of the Welfare and Institutions Code is amended to read:366.26.(a)This section applies to children who are adjudged dependent children of the juvenile court pursuant to subdivision (d) of Section 360. The procedures specified herein are the exclusive procedures for conducting these hearings; Part 2 (commencing with Section 3020) of Division 8 of the Family Code is not applicable to these proceedings. Section 8616.5 of the Family Code is applicable and available to all dependent children meeting the requirements of that section, if the postadoption contact agreement has been entered into voluntarily. For children who are adjudged dependent children of the juvenile court pursuant to subdivision (d) of Section 360, this section, and Sections 8604, 8605, 8606, and 8700 of the Family Code and Chapter 5 (commencing with Section 7660) of Part 3 of Division 12 of the Family Code specify the exclusive procedures for permanently terminating parental rights with regard to, or establishing legal guardianship of, the child while the child is a dependent child of the juvenile court.
(b)At the hearing, which shall be held in juvenile court for all children who are dependents of the juvenile court, the court, in order to provide stable, permanent homes for these children, shall review the report as specified in Section 361.5, 366.21, 366.22, or 366.25, shall indicate that the court has read and considered it, shall receive other evidence that the parties may present, and then shall make findings and orders in the following order of preference:
(1)Terminate the rights of the parent or parents and order that the child be placed for adoption and, upon the filing of a petition for adoption in the juvenile court, order that a hearing be set. The court shall proceed with the adoption after the appellate rights of the natural parents have been exhausted.
(2)Order, without termination of parental rights, the plan of tribal customary adoption, as described in Section 366.24, through tribal custom, traditions, or law of the Indian childs tribe, and upon the court affording the tribal customary adoption order full faith and credit at the continued selection and implementation hearing, order that a hearing be set pursuant to paragraph (2) of subdivision (e).
(3)Appoint a relative or relatives with whom the child is currently residing as legal guardian or guardians for the child, and order that letters of guardianship issue.
(4)On making a finding under paragraph (3) of subdivision (c), identify adoption or tribal customary adoption as the permanent placement goal and order that efforts be made to locate an appropriate adoptive family for the child within a period not to exceed 180 days.
(5)Appoint a nonrelative legal guardian for the child and order that letters of guardianship issue.
(6)Order that the child be permanently placed with a fit and willing relative, subject to the periodic review of the juvenile court under Section 366.3.
(7)Order that the child remain in foster care, subject to the conditions described in paragraph (4) of subdivision (c) and the periodic review of the juvenile court under Section 366.3.
In choosing among the above alternatives the court shall proceed pursuant to subdivision (c).
(c)(1)If the court determines, based on the assessment provided as ordered under subdivision (i) of Section 366.21, subdivision (b) of Section 366.22, or subdivision (b) of Section 366.25, and any other relevant evidence, by a clear and convincing standard, that it is likely the child will be adopted, the court shall terminate parental rights and order the child placed for adoption. The fact that the child is not yet placed in a preadoptive home nor with a relative or foster family who is prepared to adopt the child, shall not constitute a basis for the court to conclude that it is not likely the child will be adopted. A finding under subdivision (b) or paragraph (1) of subdivision (e) of Section 361.5 that reunification services shall not be offered, under subdivision (e) of Section 366.21 that the whereabouts of a parent have been unknown for six months or that the parent has failed to visit or contact the child for six months, or that the parent has been convicted of a felony indicating parental unfitness, or, under Section 366.21 or 366.22, that the court has continued to remove the child from the custody of the parent or guardian and has terminated reunification services, shall constitute a sufficient basis for termination of parental rights. Under these circumstances, the court shall terminate parental rights unless either of the following applies:
(A)The child is living with a relative who is unable or unwilling to adopt the child because of circumstances that do not include an unwillingness to accept legal or financial responsibility for the child, but who is willing and capable of providing the child with a stable and permanent environment through legal guardianship, and the removal of the child from the custody of his or her relative would be detrimental to the emotional well-being of the child. For purposes of an Indian child, relative shall include an extended family member, as defined in the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1903(2)).
(B)The court finds a compelling reason for determining that termination would be detrimental to the child due to one or more of the following circumstances:
(i)The parents have maintained regular visitation and contact with the child and the child would benefit from continuing the relationship.
(ii)A child 12 years of age or older objects to termination of parental rights.
(iii)The child is placed in a residential treatment facility, adoption is unlikely or undesirable, and continuation of parental rights will not prevent finding the child a permanent family placement if the parents cannot resume custody when residential care is no longer needed.
(iv)The child is living with a foster parent or Indian custodian who is unable or unwilling to adopt the child because of exceptional circumstances, that do not include an unwillingness to accept legal or financial responsibility for the child, but who is willing and capable of providing the child with a stable and permanent environment and the removal of the child from the physical custody of his or her foster parent or Indian custodian would be detrimental to the emotional well-being of the child. This clause does not apply to any child who is either (I) under six years of age or (II) a member of a sibling group where at least one child is under six years of age and the siblings are, or should be, permanently placed together.
(v)There would be substantial interference with a childs sibling relationship, taking into consideration the nature and extent of the relationship, including, but not limited to, whether the child was raised with a sibling in the same home, whether the child shared significant common experiences or has existing close and strong bonds with a sibling, and whether ongoing contact is in the childs best interest, including the childs long-term emotional interest, as compared to the benefit of legal permanence through adoption.
(vi)The child is an Indian child and there is a compelling reason for determining that termination of parental rights would not be in the best interest of the child, including, but not limited to:
(I)Termination of parental rights would substantially interfere with the childs connection to his or her tribal community or the childs tribal membership rights.
(II)The childs tribe has identified guardianship, foster care with a fit and willing relative, tribal customary adoption, or another planned permanent living arrangement for the child.
(III)The child is a nonminor dependent, and the nonminor and the nonminors tribe have identified tribal customary adoption for the nonminor.
(C)For purposes of subparagraph (B), in the case of tribal customary adoptions, Section 366.24 shall apply.
(D)If the court finds that termination of parental rights would be detrimental to the child pursuant to clause (i), (ii), (iii), (iv), (v), or (vi), it shall state its reasons in writing or on the record.
(2)The court shall not terminate parental rights if:
(A)At each hearing at which the court was required to consider reasonable efforts or services, the court has found that reasonable efforts were not made or that reasonable services were not offered or provided.
(B)In the case of an Indian child:
(i)At the hearing terminating parental rights, the court has found that active efforts were not made as required in Section 361.7.
(ii)The court does not make a determination at the hearing terminating parental rights, supported by evidence beyond a reasonable doubt, including testimony of one or more qualified expert witnesses as defined in Section 224.6, that the continued custody of the child by the parent is likely to result in serious emotional or physical damage to the child.
(iii)The court has ordered tribal customary adoption pursuant to Section 366.24.
(3)If the court finds that termination of parental rights would not be detrimental to the child pursuant to paragraph (1) and that the child has a probability for adoption but is difficult to place for adoption and there is no identified or available prospective adoptive parent, the court may identify adoption as the permanent placement goal and, without terminating parental rights, order that efforts be made to locate an appropriate adoptive family for the child, within the state or out of the state, within a period not to exceed 180 days. During this 180-day period, the public agency responsible for seeking adoptive parents for each child shall, to the extent possible, ask each child who is 10 years of age or older to identify any individuals, other than the childs siblings, who are important to the child, in order to identify potential adoptive parents. The public agency may ask any other child to provide that information, as appropriate. During the 180-day period, the public agency shall, to the extent possible, contact other private and public adoption agencies regarding the availability of the child for adoption. During the 180-day period, the public agency shall conduct the search for adoptive parents in the same manner as prescribed for children in Sections 8708 and 8709 of the Family Code. At the expiration of this period, another hearing shall be held and the court shall proceed pursuant to paragraph (1), (2), (3), (5), or (6) of subdivision (b). For purposes of this section, a child may only be found to be difficult to place for adoption if there is no identified or available prospective adoptive parent for the child because of the childs membership in a sibling group, or the presence of a diagnosed medical, physical, or mental handicap, or the child is seven years of age or older.
(4)(A)If the court finds that adoption of the child or termination of parental rights is not in the best interest of the child, because one of the conditions in clause (i), (ii), (iii), (iv), (v), or (vi) of subparagraph (B) of paragraph (1) or in paragraph (2) applies, the court shall order that the present caretakers or other appropriate persons shall become legal guardians of the child, or, in the case of an Indian child, consider a tribal customary adoption pursuant to Section 366.24. Legal guardianship shall be considered before continuing the child in foster care under any other permanent plan, if it is in the best interests of the child and if a suitable guardian can be found. If the child continues in foster care, the court shall make factual findings identifying any barriers to achieving adoption, tribal customary adoption in the case of an Indian child, legal guardianship, or placement with a fit and willing relative as of the date of the hearing. A child who is 10 years of age or older, shall be asked to identify any individuals, other than the childs siblings, who are important to the child, in order to identify potential guardians or, in the case of an Indian child, prospective tribal customary adoptive parents. The agency may ask any other child to provide that information, as appropriate.
(B)(i)If the child is living with an approved relative who is willing and capable of providing a stable and permanent environment, but not willing to become a legal guardian as of the hearing date, the court shall order a permanent plan of placement with a fit and willing relative, and the child shall not be removed from the home if the court finds the removal would be seriously detrimental to the emotional well-being of the child because the child has substantial psychological ties to the relative caretaker.
(ii)If the child is living with a nonrelative caregiver who is willing and capable of providing a stable and permanent environment, but not willing to become a legal guardian as of the hearing date, the court shall order that the child remain in foster care with a permanent plan of return home, adoption, legal guardianship, or placement with a fit and willing relative, as appropriate. If the child is 16 years of age or older, or a nonminor dependent, and no other permanent plan is appropriate at the time of the hearing, the court may order another planned permanent living arrangement, as described in paragraph (2) of subdivision (i) of Section 16501. Regardless of the age of the child, the child shall not be removed from the home if the court finds the removal would be seriously detrimental to the emotional well-being of the child because the child has substantial psychological ties to the caregiver.
(iii)If the child is living in a group home or, on or after January 1, 2017, a short-term residential therapeutic program, the court shall order that the child remain in foster care with a permanent plan of return home, adoption, tribal customary adoption in the case of an Indian child, legal guardianship, or placement with a fit and willing relative, as appropriate. If the child is 16 years of age or older, or a nonminor dependent, and no other permanent plan is appropriate at the time of the hearing, the court may order another planned permanent living arrangement, as described in paragraph (2) of subdivision (i) of Section 16501.
(C)The court shall also make an order for visitation with the parents or guardians unless the court finds by a preponderance of the evidence that the visitation would be detrimental to the physical or emotional well-being of the child.
(5)If the court finds that the child should not be placed for adoption, that legal guardianship shall not be established, that placement with a fit and willing relative is not appropriate as of the hearing date, and that there are no suitable foster parents except certified family homes or resource families of a foster family agency available to provide the child with a stable and permanent environment, the court may order the care, custody, and control of the child transferred from the county welfare department to a licensed foster family agency. The court shall consider the written recommendation of the county welfare director regarding the suitability of the transfer. The transfer shall be subject to further court orders.
The licensed foster family agency shall place the child in a suitable licensed or certified family home that has been certified by the agency as meeting licensing standards or with a resource family approved by the agency. The licensed foster family agency shall be responsible for supporting the child and providing appropriate services to the child, including those services ordered by the court. Responsibility for the support of the child shall not, in and of itself, create liability on the part of the foster family agency to third persons injured by the child. Those children whose care, custody, and control are transferred to a foster family agency shall not be eligible for foster care maintenance payments or child welfare services, except for emergency response services pursuant to Section 16504.
(d)The proceeding for the appointment of a guardian for a child who is a dependent of the juvenile court shall be in the juvenile court. If the court finds pursuant to this section that legal guardianship is the appropriate permanent plan, it shall appoint the legal guardian and issue letters of guardianship. The assessment prepared pursuant to subdivision (g) of Section 361.5, subdivision (i) of Section 366.21, subdivision (b) of Section 366.22, and subdivision (b) of Section 366.25 shall be read and considered by the court prior to the appointment, and this shall be reflected in the minutes of the court. The person preparing the assessment may be called and examined by any party to the proceeding.
(e)(1)The proceeding for the adoption of a child who is a dependent of the juvenile court shall be in the juvenile court if the court finds pursuant to this section that adoption is the appropriate permanent plan and the petition for adoption is filed in the juvenile court. Upon the filing of a petition for adoption, the juvenile court shall order that an adoption hearing be set. The court shall proceed with the adoption after the appellate rights of the natural parents have been exhausted. The full report required by Section 8715 of the Family Code shall be read and considered by the court prior to the adoption and this shall be reflected in the minutes of the court. The person preparing the report may be called and examined by any party to the proceeding. It is the intent of the Legislature, pursuant to this subdivision, to give potential adoptive parents the option of filing in the juvenile court the petition for the adoption of a child who is a dependent of the juvenile court. Nothing in this section is intended to prevent the filing of a petition for adoption in any other court as permitted by law, instead of in the juvenile court.
(2)In the case of an Indian child, if the Indian childs tribe has elected a permanent plan of tribal customary adoption, the court, upon receiving the tribal customary adoption order will afford the tribal customary adoption order full faith and credit to the same extent that the court would afford full faith and credit to the public acts, records, judicial proceedings, and judgments of any other entity. Upon a determination that the tribal customary adoption order may be afforded full faith and credit, consistent with Section 224.5, the court shall thereafter order a hearing to finalize the adoption be set upon the filing of the adoption petition. The prospective tribal customary adoptive parents and the child who is the subject of the tribal customary adoption petition shall appear before the court for the finalization hearing. The court shall thereafter issue an order of adoption pursuant to Section 366.24.
(3)If a child who is the subject of a finalized tribal customary adoption shows evidence of a developmental disability or mental illness as a result of conditions existing before the tribal customary adoption to the extent that the child cannot be relinquished to a licensed adoption agency on the grounds that the child is considered unadoptable, and of which condition the tribal customary adoptive parent or parents had no knowledge or notice before the entry of the tribal customary adoption order, a petition setting forth those facts may be filed by the tribal customary adoptive parent or parents with the juvenile court that granted the tribal customary adoption petition. If these facts are proved to the satisfaction of the juvenile court, it may make an order setting aside the tribal customary adoption order. The set-aside petition shall be filed within five years of the issuance of the tribal customary adoption order. The court clerk shall immediately notify the childs tribe and the department in Sacramento of the petition within 60 days after the notice of filing of the petition. The department shall file a full report with the court and shall appear before the court for the purpose of representing the child. Whenever a final decree of tribal customary adoption has been vacated or set aside, the child shall be returned to the custody of the county in which the proceeding for tribal customary adoption was finalized. The biological parent or parents of the child may petition for return of custody. The disposition of the child after the court has entered an order to set aside a tribal customary adoption shall include consultation with the childs tribe.
(f)At the beginning of any proceeding pursuant to this section, if the child or the parents are not being represented by previously retained or appointed counsel, the court shall proceed as follows:
(1)In accordance with subdivision (c) of Section 317, if a child before the court is without counsel, the court shall appoint counsel unless the court finds that the child would not benefit from the appointment of counsel. The court shall state on the record its reasons for that finding.
(2)If a parent appears without counsel and is unable to afford counsel, the court shall appoint counsel for the parent, unless this representation is knowingly and intelligently waived. The same counsel shall not be appointed to represent both the child and his or her parent. The public defender or private counsel may be appointed as counsel for the parent.
(3)Private counsel appointed under this section shall receive a reasonable sum for compensation and expenses, the amount of which shall be determined by the court. The amount shall be paid by the real parties in interest, other than the child, in any proportions the court deems just. However, if the court finds that any of the real parties in interest are unable to afford counsel, the amount shall be paid out of the general fund of the county.
(g)The court may continue the proceeding for a period of time not to exceed 30 days as necessary to appoint counsel, and to enable counsel to become acquainted with the case.
(h)(1)At all proceedings under this section, the court shall consider the wishes of the child and shall act in the best interests of the child.
(2)In accordance with Section 349, the child shall be present in court if the child or the childs counsel so requests or the court so orders. If the child is 10 years of age or older and is not present at a hearing held pursuant to this section, the court shall determine whether the minor was properly notified of his or her right to attend the hearing and inquire as to the reason why the child is not present.
(3)(A)The testimony of the child may be taken in chambers and outside the presence of the childs parent or parents, if the childs parent or parents are represented by counsel, the counsel is present, and any of the following circumstances exist:
(i)The court determines that testimony in chambers is necessary to ensure truthful testimony.
(ii)The child is likely to be intimidated by a formal courtroom setting.
(iii)The child is afraid to testify in front of his or her parent or parents.
(B)After testimony in chambers, the parent or parents of the child may elect to have the court reporter read back the testimony or have the testimony summarized by counsel for the parent or parents.
(C)The testimony of a child also may be taken in chambers and outside the presence of the guardian or guardians of a child under the circumstances specified in this subdivision.
(i)(1)Any order of the court permanently terminating parental rights under this section shall be conclusive and binding upon the child, upon the parent or parents and, upon all other persons who have been served with citation by publication or otherwise as provided in this chapter. After making the order, the juvenile court shall have no power to set aside, change, or modify it, except as provided in paragraph (2), but nothing in this section shall be construed to limit the right to appeal the order.
(2)A tribal customary adoption order evidencing that the Indian child has been the subject of a tribal customary adoption shall be afforded full faith and credit and shall have the same force and effect as an order of adoption authorized by this section. The rights and obligations of the parties as to the matters determined by the Indian childs tribe shall be binding on all parties. A court shall not order compliance with the order absent a finding that the party seeking the enforcement participated, or attempted to participate, in good faith, in family mediation services of the court or dispute resolution through the tribe regarding the conflict, prior to the filing of the enforcement action.
(3)A child who has not been adopted after the passage of at least three years from the date the court terminated parental rights and for whom the court has determined that adoption is no longer the permanent plan may petition the juvenile court to reinstate parental rights pursuant to the procedure prescribed by Section 388. The child may file the petition prior to the expiration of this three-year period if the State Department of Social Services, county adoption agency, or licensed adoption agency that is responsible for custody and supervision of the child as described in subdivision (j) and the child stipulate that the child is no longer likely to be adopted. A child over 12 years of age shall sign the petition in the absence of a showing of good cause as to why the child could not do so. If it appears that the best interests of the child may be promoted by reinstatement of parental rights, the court shall order that a hearing be held and shall give prior notice, or cause prior notice to be given, to the social worker or probation officer and to the childs attorney of record, or, if there is no attorney of record for the child, to the child, and the childs tribe, if applicable, by means prescribed by subdivision (c) of Section 297. The court shall order the child or the social worker or probation officer to give prior notice of the hearing to the childs former parent or parents whose parental rights were terminated in the manner prescribed by subdivision (f) of Section 294 where the recommendation is adoption. The juvenile court shall grant the petition if it finds by clear and convincing evidence that the child is no longer likely to be adopted and that reinstatement of parental rights is in the childs best interest. If the court reinstates parental rights over a child who is under 12 years of age and for whom the new permanent plan will not be reunification with a parent or legal guardian, the court shall specify the factual basis for its findings that it is in the best interest of the child to reinstate parental rights. This subdivision is intended to be retroactive and applies to any child who is under the jurisdiction of the juvenile court at the time of the hearing regardless of the date parental rights were terminated.
(j)If the court, by order or judgment, declares the child free from the custody and control of both parents, or one parent if the other does not have custody and control, or declares the child eligible for tribal customary adoption, the court shall at the same time order the child referred to the State Department of Social Services, county adoption agency, or licensed adoption agency for adoptive placement by the agency. However, except in the case of a tribal customary adoption where there is no termination of parental rights, a petition for adoption may not be granted until the appellate rights of the natural parents have been exhausted. The State Department of Social Services, county adoption agency, or licensed adoption agency shall be responsible for the custody and supervision of the child and shall be entitled to the exclusive care and control of the child at all times until a petition for adoption or tribal customary adoption is granted, except as specified in subdivision (n). With the consent of the agency, the court may appoint a guardian of the child, who shall serve until the child is adopted.
(k)(1)Notwithstanding any other law, the application of any person who, as a relative caretaker or foster parent, has cared for a dependent child for whom the court has approved a permanent plan for adoption, or who has been freed for adoption, shall be given preference with respect to that child over all other applications for adoptive placement if the agency making the placement determines that the child has substantial emotional ties to the relative caretaker or foster parent and removal from the relative caretaker or foster parent would be seriously detrimental to the childs emotional well-being.
(2)As used in this subdivision, preference means that the application shall be processed and, if satisfactory, the family study shall be completed before the processing of the application of any other person for the adoptive placement of the child.
(l)(1)An order by the court that a hearing pursuant to this section be held is not appealable at any time unless all of the following apply:
(A)A petition for extraordinary writ review was filed in a timely manner.
(B)The petition substantively addressed the specific issues to be challenged and supported that challenge by an adequate record.
(C)The petition for extraordinary writ review was summarily denied or otherwise not decided on the merits.
(2)Failure to file a petition for extraordinary writ review within the period specified by rule, to substantively address the specific issues challenged, or to support that challenge by an adequate record shall preclude subsequent review by appeal of the findings and orders made pursuant to this section.
(3)The Judicial Council shall adopt rules of court, effective January 1, 1995, to ensure all of the following:
(A)A trial court, after issuance of an order directing a hearing pursuant to this section be held, shall advise all parties of the requirement of filing a petition for extraordinary writ review as set forth in this subdivision in order to preserve any right to appeal in these issues.
(i)If a party is present at the time of the making of the order, the notice shall be made orally to the party.
(ii)If the party is not present at the time of making the order, the notice shall be made by the clerk of the court by first-class mail to the last known address of a party or by electronic service pursuant to Section 212.5. If the notice is for a hearing at which the social worker will recommend the termination of parental rights, the notice may be electronically served pursuant to Section 212.5, but only in addition to service of the notice by first-class mail.
(B)The prompt transmittal of the records from the trial court to the appellate court.
(C)That adequate time requirements for counsel and court personnel exist to implement the objective of this subdivision.
(D)That the parent or guardian, or their trial counsel or other counsel, is charged with the responsibility of filing a petition for extraordinary writ relief pursuant to this subdivision.
(4)The intent of this subdivision is to do both of the following:
(A)Make every reasonable attempt to achieve a substantive and meritorious review by the appellate court within the time specified in Sections 366.21, 366.22, and 366.25 for holding a hearing pursuant to this section.
(B)Encourage the appellate court to determine all writ petitions filed pursuant to this subdivision on their merits.
(5)This subdivision shall only apply to cases in which an order to set a hearing pursuant to this section is issued on or after January 1, 1995.
(m)Except for subdivision (j), this section shall also apply to minors adjudged wards pursuant to Section 727.31.
(n)(1)Notwithstanding Section 8704 of the Family Code or any other law, the court, at a hearing held pursuant to this section or anytime thereafter, may designate a current caretaker as a prospective adoptive parent if the child has lived with the caretaker for at least six months, the caretaker currently expresses a commitment to adopt the child, and the caretaker has taken at least one step to facilitate the adoption process. In determining whether to make that designation, the court may take into consideration whether the caretaker is listed in the preliminary assessment prepared by the county department in accordance with subdivision (i) of Section 366.21 as an appropriate person to be considered as an adoptive parent for the child and the recommendation of the State Department of Social Services, county adoption agency, or licensed adoption agency.
(2)For purposes of this subdivision, steps to facilitate the adoption process include, but are not limited to, the following:
(A)Applying for an adoption homestudy.
(B)Cooperating with an adoption homestudy.
(C)Being designated by the court or the adoption agency as the adoptive family.
(D)Requesting de facto parent status.
(E)Signing an adoptive placement agreement.
(F)Engaging in discussions regarding a postadoption contact agreement.
(G)Working to overcome any impediments that have been identified by the State Department of Social Services, county adoption agency, or licensed adoption agency.
(H)Attending classes required of prospective adoptive parents.
(3)Prior to a change in placement and as soon as possible after a decision is made to remove a child from the home of a designated prospective adoptive parent, the agency shall notify the court, the designated prospective adoptive parent or the current caretaker, if that caretaker would have met the threshold criteria to be designated as a prospective adoptive parent pursuant to paragraph (1) on the date of service of this notice, the childs attorney, and the child, if the child is 10 years of age or older, of the proposal in the manner described in Section 16010.6.
(A)Within five court days or seven calendar days, whichever is longer, of the date of notification, the child, the childs attorney, or the designated prospective adoptive parent may file a petition with the court objecting to the proposal to remove the child, or the court, upon its own motion, may set a hearing regarding the proposal. The court may, for good cause, extend the filing period. A caretaker who would have met the threshold criteria to be designated as a prospective adoptive parent pursuant to paragraph (1) on the date of service of the notice of proposed removal of the child may file, together with the petition under this subparagraph, a petition for an order designating the caretaker as a prospective adoptive parent for purposes of this subdivision.
(B)A hearing ordered pursuant to this paragraph shall be held as soon as possible and not later than five court days after the petition is filed with the court or the court sets a hearing upon its own motion, unless the court for good cause is unable to set the matter for hearing five court days after the petition is filed, in which case the court shall set the matter for hearing as soon as possible. At the hearing, the court shall determine whether the caretaker has met the threshold criteria to be designated as a prospective adoptive parent pursuant to paragraph (1), and whether the proposed removal of the child from the home of the designated prospective adoptive parent is in the childs best interest, and the child may not be removed from the home of the designated prospective adoptive parent unless the court finds that removal is in the childs best interest. If the court determines that the caretaker did not meet the threshold criteria to be designated as a prospective adoptive parent on the date of service of the notice of proposed removal of the child, the petition objecting to the proposed removal filed by the caretaker shall be dismissed. If the caretaker was designated as a prospective adoptive parent prior to this hearing, the court shall inquire into any progress made by the caretaker towards the adoption of the child since the caretaker was designated as a prospective adoptive parent.
(C)A determination by the court that the caretaker is a designated prospective adoptive parent pursuant to paragraph (1) or subparagraph (B) does not make the caretaker a party to the dependency proceeding nor does it confer on the caretaker any standing to object to any other action of the department, county adoption agency, or licensed adoption agency, unless the caretaker has been declared a de facto parent by the court prior to the notice of removal served pursuant to paragraph (3).
(D)If a petition objecting to the proposal to remove the child is not filed, and the court, upon its own motion, does not set a hearing, the child may be removed from the home of the designated prospective adoptive parent without a hearing.
(4)Notwithstanding paragraph (3), if the State Department of Social Services, county adoption agency, or licensed adoption agency determines that the child must be removed from the home of the caretaker who is or may be a designated prospective adoptive parent immediately, due to a risk of physical or emotional harm, the agency may remove the child from that home and is not required to provide notice prior to the removal. However, as soon as possible and not longer than two court days after the removal, the agency shall notify the court, the caretaker who is or may be a designated prospective adoptive parent, the childs attorney, and the child, if the child is 10 years of age or older, of the removal. Within five court days or seven calendar days, whichever is longer, of the date of notification of the removal, the child, the childs attorney, or the caretaker who is or may be a designated prospective adoptive parent may petition for, or the court on its own motion may set, a noticed hearing pursuant to paragraph (3). The court may, for good cause, extend the filing period.
(5)Except as provided in subdivision (b) of Section 366.28, an order by the court issued after a hearing pursuant to this subdivision shall not be appealable.
(6)Nothing in this section shall preclude a county child protective services agency from fully investigating and responding to alleged abuse or neglect of a child pursuant to Section 11165.5 of the Penal Code.
(7)The Judicial Council shall prepare forms to facilitate the filing of the petitions described in this subdivision, which shall become effective on January 1, 2006.
SEC. 135.Section 387 of the Welfare and Institutions Code is amended to read:387.(a)An order changing or modifying a previous order by removing a child from the physical custody of a parent, guardian, relative, or friend and directing placement in a foster home, or commitment to a private or county institution, shall be made only after noticed hearing upon a supplemental petition.
(b)The supplemental petition shall be filed by the social worker in the original matter and shall contain a concise statement of facts sufficient to support the conclusion that the previous disposition has not been effective in the rehabilitation or protection of the child or, in the case of a placement with a relative, sufficient to show that the placement is not appropriate in view of the criteria in Section 361.3.
(c)Notwithstanding subdivision (a), dependency jurisdiction shall be resumed for a child as to whom dependency jurisdiction has been suspended pursuant to Section 366.5 if the jurisdiction established pursuant to Section 601 or 602 is terminated and if, after the issuance of a joint assessment pursuant to Section 366.5, the court determines that the courts dependency jurisdiction should be resumed.
(d)Upon the filing of the supplemental petition, the clerk of the juvenile court shall immediately set the same for hearing within 30 days, and the social worker shall cause notice thereof to be served upon the persons and in the manner prescribed by Sections 290.1 and 291, except that service under this subdivision may be delivered by electronic service pursuant to Section 212.5.
(e)An order for the detention of the child pending adjudication of the petition may be made only after a hearing is conducted pursuant to Article 7 (commencing with Section 305).
SEC. 136.Section 607.2 of the Welfare and Institutions Code is amended to read:607.2.(a)(1)On and after January 1, 2012, the court shall hold a hearing prior to terminating jurisdiction over a ward who satisfies any of the following criteria:
(A)Is a minor subject to an order for foster care placement described in Section 11402 as a ward who has not previously been subject to the jurisdiction of the court as a result of a petition filed pursuant to Section 325.
(B)Is a nonminor who was subject to an order for foster care placement described in Section 11402 as a ward on the day he or she attained 18 years of age.
(C)Is a ward who was subject to an order for foster care placement described in Section 11402 as a dependent of the court at the time the court adjudged the child to be a ward of the court under Section 725.
(2)The notice of hearing under this subdivision may be served electronically pursuant to Section 212.5.
(b)At a hearing during which termination of jurisdiction over a ward described in subdivision (a) is being considered, the court shall take one of the following actions:
(1)Modify its jurisdiction from delinquency jurisdiction to transition jurisdiction, if the court finds the ward is a person described in Section 450.
(2)(A)For a ward who was not previously subject to the jurisdiction of the court as a result of a petition filed pursuant to Section 325, order the probation department or the wards attorney to submit an application to the child welfare services department pursuant to Section 329 to declare the minor a dependent of the court and modify the courts jurisdiction from delinquency jurisdiction to dependency jurisdiction, if the court finds all of the following:
(i)The ward is a minor.
(ii)The ward does not come within the description in Section 450, but jurisdiction as a ward may no longer be required.
(iii)The ward appears to come within the description of Section 300 and cannot be returned home safely.
(B)The court shall set a hearing within 20 judicial days of the date of the order described in subparagraph (A) to review the child welfare services departments decision and may either affirm its decision not to file a petition pursuant to Section 300 or order the child welfare services department to file a petition pursuant to Section 300. The notice of hearing under this subparagraph may be served electronically pursuant to Section 212.5.
(3)Vacate the order terminating jurisdiction over the minor as a dependent of the court, resume jurisdiction pursuant to Section 300 based on the prior petition filed pursuant to Section 325, and terminate the courts jurisdiction over the minor as a ward, if the minor was subject to an order for foster care placement described in Section 11402 as a dependent of the court at the time the court adjudged the minor to be a ward and assumed jurisdiction over the minor under Section 725.
(4)Continue its delinquency jurisdiction over a ward pursuant to Section 303 as a nonminor dependent, as defined in subdivision (v) of Section 11400, who is eligible to remain in foster care pursuant to Section 11403, if the ward is a nonminor and the court did not modify its jurisdiction as described in Section 450, unless the court finds that after reasonable and documented efforts, the ward cannot be located or does not wish to become a nonminor dependent. In making this finding and prior to entering an order terminating its delinquency jurisdiction, the court shall ensure that the ward has had an opportunity to confer with his or her counsel and has been informed of his or her options, including the right to reenter foster care placement by completing a voluntary reentry agreement as described in subdivision (z) of Section 11400 and to file a petition pursuant to subdivision (e) of Section 388 for the court to assume or resume transition jurisdiction over him or her pursuant to Section 450. The fact that a ward declines to be a nonminor dependent does not restrict the authority of the court to maintain delinquency jurisdiction pursuant to Section 607.
(5)Continue its delinquency jurisdiction.
(6)Terminate its delinquency jurisdiction if the ward does not come within the provisions of paragraphs (1) to (4), inclusive.
(c)If the court modifies jurisdiction, its order shall comply with the requirements of subdivision (f) of Section 241.1.
(d)This section shall not be construed as changing the requirements of Section 727.2 or 727.3 with respect to reunification of minors with their families or the establishment of an alternative permanent plan for minors for whom reunification is not pursued.
SEC. 137.Section 630 of the Welfare and Institutions Code is amended to read:630.(a)If the probation officer determines that the minor shall be retained in custody, he or she shall immediately proceed in accordance with Article 16 (commencing with Section 650) to cause the filing of a petition pursuant to Section 656 with the clerk of the juvenile court who shall set the matter for hearing on the detention calendar. Immediately upon filing the petition with the clerk of the juvenile court, if the minor is alleged to be a person described in Section 601 or 602, the probation officer or the prosecuting attorney shall serve the minor with a copy of the petition and notify him or her of the time and place of the detention hearing. The probation officer or the prosecuting attorney shall notify each parent or each guardian of the minor of the time and place of the hearing if the whereabouts of each parent or guardian can be ascertained by due diligence. Notice pursuant to this subdivision may be given orally and shall not be delivered electronically.
(b)In a hearing conducted pursuant to this section, the minor has a privilege against self-incrimination and has a right to confrontation by, and cross-examination of, any person examined by the court as provided in Section 635.
SEC. 138.Section 658 of the Welfare and Institutions Code is amended to read:658.(a)Except as provided in subdivision (b), upon the filing of the petition, the clerk of the juvenile court shall issue a notice, to which shall be attached a copy of the petition, and he or she shall cause the same to be served upon the minor, if the minor is eight or more years of age, and upon each of the persons described in subdivision (e) of Section 656 whose residence addresses are set forth in the petition and thereafter before the hearing upon all persons whose residence addresses become known to the clerk. If the court has ordered the care, custody, and control of the minor to be under the supervision of the probation officer for foster care placement pursuant to subdivision (a) of Section 727, the clerk shall also issue a copy of that notice to any foster parents, preadoptive parents, legal guardians, or relatives providing care to the minor. The clerk shall issue a copy of the petition, to the minors attorney and to 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. Service under this subdivision may be by electronic service pursuant to Section 212.5, except that electronic service is not authorized if the minor is detained and those persons entitled to notice are not present at the initial detention hearing.
(b)Upon the filing of a supplemental petition where the minor has been declared a ward of the court or a probationer under Section 602 in the original matter, the clerk of the juvenile court shall issue a notice, to which shall be attached a copy of the petition, and he or she shall cause the notice to be served upon the minor, if the minor is eight or more years of age, and upon each of the persons described in subdivision (e) of Section 656 whose residence addresses are set forth in the supplemental petition and thereafter known to the clerk. The clerk shall issue a copy of the supplemental petition to the minors attorney, and to the district attorney if the probation officer is the petitioner, or, to the probation officer if the district attorney is the petitioner, containing the time, date, and place of the hearing. If the court has ordered the care, custody, and control of the minor to be under the supervision of the probation officer for foster care placement pursuant to subdivision (a) of Section 727, the clerk shall also issue a copy of that notice to any foster parents, preadoptive parents, legal guardians, or relatives providing care to the minor. Service under this subdivision may be by electronic service pursuant to Section 212.5.
SEC. 139.Section 660 of the Welfare and Institutions Code is amended to read:660.(a)Except as provided in subdivision (b), if the minor is detained, the clerk of the juvenile court shall cause the notice and copy of the petition to be served on all persons required to receive that notice and copy of the petition pursuant to subdivision (e) of Section 656 and Section 658, either personally or by certified mail with request for return receipt, as soon as possible after filing of the petition and at least five days before the time set for hearing, unless the hearing is set less than five days from the filing of the petition, in which case, the notice and copy of the petition shall be served at least 24 hours before the time set for hearing. Service under this subdivision shall not be made by electronic service.
(b)If the minor is detained, and all persons entitled to notice pursuant to subdivision (e) of Section 656 and Section 658 were present at the detention hearing, the clerk of the juvenile court shall cause the notice and copy of the petition to be served on all persons required to receive the notice and copy of the petition, by personal service, by first-class mail, or by electronic service pursuant to Section 212.5, as soon as possible after the filing of the petition and at least five days before the time set for hearing, unless the hearing is set less than five days from the filing of the petition, in which case the notice and copy of the petition shall be served at least 24 hours before the time set for the hearing. Service under this subdivision may be by electronic service pursuant to Section 212.5 except that electronic service is not authorized if the minor is detained and those persons entitled to notice are not present at the detention hearing.
(c)If the minor is not detained, the clerk of the juvenile court shall cause the notice and copy of the petition to be served on all persons required to receive the notice and copy of the petition, by personal service, by first-class mail, or by electronic service pursuant to Section 212.5 at least 10 days before the time set for hearing. If that person is known to reside outside of the county, the clerk of the juvenile court shall serve the notice and copy of the petition, by first-class mail or by electronic service pursuant to Section 212.5, 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 shall in no way result in arrest or detention. In the instance of failure to appear after notice by first-class mail or by electronic service pursuant to Section 212.5, the court shall direct that the notice and copy of the petition is to be personally served on all persons required to receive the notice and a copy of the petition. However, if the whereabouts of the minor are unknown, personal service of the notice and a copy of the petition is not required and a warrant for the arrest of the minor may be issued pursuant to Section 663. 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 or electronic service. 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)For purposes of this section, service on the minors attorney shall constitute service on the minors parent or legal guardian.
SEC. 140.Section 661 of the Welfare and Institutions Code is amended to read:661.(a)In addition to the notice provided in Sections 658 and 659, the juvenile court may issue a citation directing any parent, guardian, or foster parent of the person concerning whom a petition has been filed to appear at the time and place set for any hearing or financial evaluation under the provisions of this chapter, including a hearing under the provisions of Section 257, and directing any person having custody or control of the minor concerning whom the petition has been filed to bring the minor with him or her.
(b)The notice shall in addition state that a parent, guardian, or foster parent may be required to participate in a counseling or education program with the minor concerning whom the petition has been filed.
(c)If the proceeding is one alleging that the minor comes within the provisions of Section 601, the notice shall in addition contain notice to the parent, guardian, or other person having control or charge of the minor that failure to comply with the compulsory school attendance laws is an infraction, which may be charged and prosecuted before the juvenile court judge sitting as a superior court judge. In those cases, the notice shall also include notice that the parent, guardian, or other person having control or charge of the minor has the right to a hearing on the infraction before a judge different than the judge who has heard or is to hear the proceeding pursuant to Section 601. The notice shall also explain the provisions of Section 170.6 of the Code of Civil Procedure.
(d)Personal service of the citation shall be made at least 24 hours before the time stated therein for the appearance. The citation may also be electronically served pursuant to Section 212.5, but only in addition to service by other forms of service required by law.
SEC. 141.Section 727.4 of the Welfare and Institutions Code is amended to read:727.4.(a)(1)Notice of any hearing pursuant to Section 727, 727.2, or 727.3 shall be served by the probation officer to the minor, the minors parent or guardian, any adult provider of care to the minor including, but not limited to, foster parents, relative caregivers, preadoptive parents, resource family, community care facility, or foster family agency, and to the counsel of record if the counsel of record was not present at the time that the hearing was set by the court, by first-class mail addressed to the last known address of the person to be notified, by personal service on those persons, or by electronic service pursuant to Section 212.5, not earlier than 30 days nor later than 15 days preceding the date of the hearing. The notice shall contain a statement regarding the nature of the status review or permanency planning hearing and any change in the custody or status of the minor being recommended by the probation department. The notice shall also include a statement informing the foster parents, relative caregivers, or preadoptive parents that he or she may attend all hearings or may submit any information he or she deems relevant to the court in writing. The foster parents, relative caregiver, and preadoptive parents are entitled to notice and opportunity to be heard but need not be made parties to the proceedings. Proof of notice shall be filed with the court.
(2)If the court or probation officer knows or has reason to know that the minor is or may be an Indian child, any notice sent under this section shall comply with the requirements of Section 224.2.
(b)At least 10 calendar days before each status review and permanency planning hearing, after the hearing during which the court orders that the care, custody, and control of the minor to be under the supervision of the probation officer for placement pursuant to subdivision (a) of Section 727, the probation officer shall file a social study report with the court, pursuant to the requirements listed in Section 706.5.
(c)The probation department shall inform the minor, the minors parent or guardian, and all counsel of record that a copy of the social study prepared for the hearing will be available 10 days before the hearing and may be obtained from the probation officer.
(d)As used in Article 15 (commencing with Section 625) to Article 18 (commencing with Section 725), inclusive:
(1)Foster care means residential care provided in any of the settings described in Section 11402 or 11402.01.
(2)At risk of entering foster care means that conditions within a minors family may necessitate his or her entry into foster care unless those conditions are resolved.
(3)Preadoptive parent means a licensed foster parent who has been approved for adoption by the State Department of Social Services when it is acting as an adoption agency or by a licensed adoption agency.
(4)Date of entry into foster care means the date that is 60 days after the date on which the minor was removed from his or her home, unless one of the exceptions below applies:
(A)If the minor is detained pending foster care placement, and remains detained for more than 60 days, then the date of entry into foster care means the date the court adjudges the minor a ward and orders the minor placed in foster care under the supervision of the probation officer.
(B)If, before the minor is placed in foster care, the minor is committed to a ranch, camp, school, or other institution pending placement, and remains in that facility for more than 60 days, then the date of entry into foster care is the date the minor is physically placed in foster care.
(C)If at the time the wardship petition was filed, the minor was a dependent of the juvenile court and in out-of-home placement, then the date of entry into foster care is the earlier of the date the juvenile court made a finding of abuse or neglect, or 60 days after the date on which the child was removed from his or her home.
(5)Reasonable efforts means:
(A)Efforts made to prevent or eliminate the need for removing the minor from the minors home.
(B)Efforts to make it possible for the minor to return home, including, but not limited to, case management, counseling, parenting training, mentoring programs, vocational training, educational services, substance abuse treatment, transportation, and therapeutic day services.
(C)Efforts to complete whatever steps are necessary to finalize a permanent plan for the minor.
(D)In child custody proceedings involving an Indian child, reasonable efforts shall also include active efforts as defined in Section 361.7.
(6)Relative means an adult who is related to the minor by blood, adoption, or affinity within the fifth degree of kinship including stepparents, stepsiblings, and all relatives whose status is preceded by the words great, great-great, grand, or the spouse of any of these persons even if the marriage was terminated by death or dissolution. Relative shall also include an extended family member as defined in the federal Indian Child Welfare Act (25 U.S.C. Sec. 1903(2)).
(7)Hearing means a noticed proceeding with findings and orders that are made on a case-by-case basis, heard by either of the following:
(A)A judicial officer, in a courtroom, recorded by a court reporter.
(B)An administrative panel, provided that the hearing is a status review hearing and that the administrative panel meets the following conditions:
(i)The administrative review shall be open to participation by the minor and parents or legal guardians and all those persons entitled to notice under subdivision (a).
(ii)The minor and his or her parents or legal guardians receive proper notice as required in subdivision (a).
(iii)The administrative review panel is composed of persons appointed by the presiding judge of the juvenile court, the membership of which shall include at least one person who is not responsible for the case management of, or delivery of services to, the minor or the parents who are the subjects of the review.
(iv)The findings of the administrative review panel shall be submitted to the juvenile court for the courts approval and shall become part of the official court record.
SEC. 142.Section 728 of the Welfare and Institutions Code is amended to read:728.(a)The juvenile court may terminate or modify a guardianship of the person of a minor previously established under the Probate Code, or appoint a coguardian or successor guardian of the person of the minor, if the minor is the subject of a petition filed under Section 300, 601, or 602. If the probation officer supervising the minor provides information to the court regarding the minors present circumstances and makes a recommendation to the court regarding a motion to terminate or modify a guardianship established in any county under the Probate Code, or to appoint a coguardian or successor guardian, of the person of a minor who is before the juvenile court under a petition filed under Section 300, 601, or 602, the court shall order the appropriate county department, or the district attorney or county counsel, to file the recommended motion. The motion may also be made by the guardian or the minors attorney. The hearing on the motion may be held simultaneously with any regularly scheduled hearing held in proceedings to declare the minor a dependent child or ward of the court, or at any subsequent hearing concerning the dependent child or ward. Notice requirements of Section 294 shall apply to the proceedings in juvenile court under this subdivision.
(b)If the juvenile court decides to terminate or modify a guardianship previously established under the Probate Code pursuant to subdivision (a), the juvenile court shall provide notice of that decision to the court in which the guardianship was originally established. The clerk of the superior court, upon receipt of the notice, shall file the notice with other documents and records of the pending proceeding and deliver by first-class mail or by electronic service pursuant to Section 1215 of the Probate Code a copy of the notice to all parties of record in the superior court.
(c)If, at any time during the period a minor under the age of 18 years is a ward of the juvenile court, the probation officer supervising the minor recommends to the court that the court establish a guardianship of the person of the minor and appoint a specific adult to act as guardian, or on the motion of the minors attorney, or on the order of the court that a guardianship shall be established as the minors permanent plan pursuant to paragraph (4) of subdivision (b) of Section 727.3, the court shall set a hearing to consider the recommendation or motion and shall order the clerk to notice the minors parents and relatives as required in Section 294. If the motion is not made by the minors attorney, the court may appoint the district attorney or county counsel to prosecute the action.
(d)The procedures for appointment of a guardian shall be conducted exclusively pursuant to Section 366.26, except that subdivision (j) of Section 366.26 shall not apply.
(e)Upon the appointment of a guardian pursuant to subdivision (d), the court may continue wardship and conditions of probation, or may terminate the wardship of the minor.
(f)Notwithstanding Section 1601 of the Probate Code, the proceedings to modify or terminate a guardianship granted under this section shall be held in the juvenile court unless the termination is due to the emancipation or adoption of the minor.
(g)The Judicial Council shall develop rules of court and adopt appropriate forms for the findings and orders under this section.
SEC. 143.Section 777 of the Welfare and Institutions Code is amended to read:777.An order changing or modifying a previous order by removing a minor from the physical custody of a parent, guardian, relative, or friend and directing placement in a foster home, or commitment to a private institution or commitment to a county institution, or an order changing or modifying a previous order by directing commitment to the Youth Authority shall be made only after a noticed hearing.
(a)The notice shall be made as follows:
(1)By the probation officer where a minor has been declared a ward of the court or a probationer under Section 601 in the original matter and shall contain a concise statement of facts sufficient to support the conclusion that the minor has violated an order of the court.
(2)By the probation officer or the prosecuting attorney if the minor is a court ward or probationer under Section 602 in the original matter and the notice alleges a violation of a condition of probation not amounting to a crime. The notice shall contain a concise statement of facts sufficient to support this conclusion.
(3)Where the probation officer is the petitioner pursuant to paragraph (2), prior to the attachment of jeopardy at the time of the jurisdictional hearing, the prosecuting attorney may make a motion to dismiss the notice and may request that the matter be referred to the probation officer for whatever action the prosecuting or probation officer may deem appropriate.
(b)Upon the filing of such notice, the clerk of the juvenile court shall immediately set the same for hearing within 30 days, and the probation officer shall cause notice of it to be served upon the persons and in the manner prescribed by Sections 658 and 660. Service under this subdivision may be by electronic service pursuant to Section 212.5.
(c)The facts alleged in the notice shall be established by a preponderance of the evidence at a hearing to change, modify, or set aside a previous order. The court may admit and consider reliable hearsay evidence at the hearing to the same extent that such evidence would be admissible in an adult probation revocation hearing, pursuant to the decision in People v. Brown, 215 Cal.App.3d (1989) and any other relevant provision of law.
(d)An order for the detention of the minor pending adjudication of the alleged violation may be made only after a hearing is conducted pursuant to Article 15 (commencing with Section 625) of this chapter. Service under this subdivision may be by electronic service pursuant to Section 212.5, but only in addition to other forms of service required by law.
SEC. 144.Section 778 of the Welfare and Institutions Code is amended to read:778.(a)(1)Any parent or other person having an interest in a child who is a ward of the juvenile court or the child himself or herself through a properly appointed guardian may, upon grounds of change of circumstance or new evidence, petition the court in the same action in which the child was found to be a ward of the juvenile court for a hearing to change, modify, or set aside any order of court previously made or to terminate the jurisdiction of the court. The petition shall be verified and, if made by a person other than the child, shall state the petitioners relationship to or interest in the child and shall set forth in concise language any change of circumstance or new evidence which are alleged to require such change of order or termination of jurisdiction.
(2)If it appears that the best interests of the child may be promoted by the proposed change of order or termination of jurisdiction, the court shall order that a hearing be held and shall give prior notice, or cause prior notice to be given, to such persons and by such means as prescribed by Sections 776 and 779, by electronic service pursuant to Section 212.5, and, in such instances as the means of giving notice is not prescribed by such sections, then by such means as the court prescribes.
(b)(1)Any person, including a ward, a transition dependent, or a nonminor dependent of the juvenile court, may petition the court to assert a relationship as a sibling related by blood, adoption, or affinity through a common legal or biological parent to a child who is, or is the subject of a petition for adjudication as, a ward of the juvenile court, and may request visitation with the ward, placement with or near the ward, or consideration when determining or implementing a case plan or permanent plan for the ward.
(2)A ward, transition dependent, or nonminor dependent of the juvenile court may petition the court to assert a relationship as a sibling related by blood, adoption, or affinity through a common legal or biological parent to a child who is in the physical custody of a common legal or biological parent, and may request visitation with the nondependent sibling in parental custody.
(3)Pursuant to subdivision (b) of Section 16002, a request for sibling visitation may be granted unless it is determined by the court that sibling visitation is contrary to the safety and well-being of any of the siblings.
(4)The court may appoint a guardian ad litem to file the petition for a ward asserting a sibling relationship pursuant to this subdivision if the court determines that the appointment is necessary for the best interests of the ward. The petition shall be verified and shall set forth the following:
(A)Through which parent he or she is related to the sibling.
(B)Whether he or she is related to the sibling by blood, adoption, or affinity.
(C)The request or order that the petitioner is seeking.
(D)Why that request or order is in the best interest of the ward.
SEC. 145.Section 779 of the Welfare and Institutions Code is amended to read:779.The court committing a ward to the Youth Authority may thereafter change, modify, or set aside the order of commitment. Ten days notice of the hearing of the application therefor shall be served upon the Director of the Youth Authority. In changing, modifying, or setting aside the order of commitment, the court shall give due consideration to the effect thereof upon the discipline and parole system of the Youth Authority or of the correctional school in which the ward may have been placed by the Youth Authority. Except as provided in this section, nothing in this chapter shall be deemed to interfere with the system of parole and discharge now or hereafter established by law, or by rule of the Youth Authority, for the parole and discharge of wards of the juvenile court committed to the Youth Authority, or with the management of any school, institution, or facility under the jurisdiction of the Youth Authority. Except as provided in this section, this chapter does not interfere with the system of transfer between institutions and facilities under the jurisdiction of the Youth Authority. This section does not limit the authority of the court to change, modify, or set aside an order of commitment after a noticed hearing and upon a showing of good cause that the Youth Authority is unable to, or failing to, provide treatment consistent with Section 734.
However, before any inmate of a correctional school may be transferred to a state hospital, he or she shall first be returned to a court of competent jurisdiction and, after hearing, may be committed to a state hospital for the insane in accordance with law.
SEC. 146.Section 785 of the Welfare and Institutions Code is amended to read:785.(a)Where a minor is a ward of the juvenile court, the wardship did not result in the minors commitment to the Youth Authority, and the minor is found not to be a fit and proper subject to be dealt with under the juvenile court law with respect to a subsequent allegation of criminal conduct, any parent or other person having an interest in the minor, or the minor, through a properly appointed guardian, the prosecuting attorney, or probation officer, may petition the court in the same action in which the minor was found to be a ward of the juvenile court for a hearing for an order to terminate or modify the jurisdiction of the juvenile court. The court shall order that a hearing be held and shall give prior notice, or cause prior notice to be given, to those persons and by the means prescribed by Sections 776 and 779, by electronic service pursuant to Section 212.5, or where the means of giving notice is not prescribed by those sections, then by such means as the court prescribes.
(b)The petition shall be verified and shall state why jurisdiction should be terminated or modified in concise language.
(c)In determining whether or not the wardship shall terminate or be modified, the court shall be guided by the policies set forth in Section 202.
(d)In addition to its authority under this chapter, the Judicial Council shall adopt rules providing criteria for the consideration of the juvenile court in determining whether or not to terminate or modify jurisdiction pursuant to this section.
SEC. 147.Section 903.45 of the Welfare and Institutions Code is amended to read:903.45.(a)The board of supervisors may designate a county financial evaluation officer pursuant to Section 27750 of the Government Code to make financial evaluations of liability for reimbursement pursuant to Sections 207.2, 903, 903.1, 903.2, 903.25, 903.3, and 903.5, and other reimbursable costs allowed by law, as set forth in this section.
(b)In a county where a board of supervisors has designated a county financial evaluation officer, the juvenile court shall, at the close of the disposition hearing, order any person liable for the cost of support, pursuant to Section 903, the cost of legal services as provided for in Section 903.1, probation costs as provided for in Section 903.2, or any other reimbursable costs allowed under this code, to appear before the county financial evaluation officer for a financial evaluation of his or her ability to pay those costs. If the responsible person is not present at the disposition hearing, the court shall cite him or her to appear for a financial evaluation. In the case of a parent, guardian, or other person assessed for the costs of transport, food, shelter, or care of a minor under Section 207.2 or 903.25, the juvenile court shall, upon request of the county probation department, order the appearance of the parent, guardian, or other person before the county financial evaluation officer for a financial evaluation of his or her ability to pay the costs assessed.
If the county financial evaluation officer determines that a person so responsible has the ability to pay all or part of the costs, the county financial evaluation officer shall petition the court for an order requiring the person to pay that sum to the county or court, depending on which entity incurred the expense. If the parent or guardian is liable for costs for legal services pursuant to Section 903.1, the parent or guardian has been reunified with the child pursuant to a court order, and the county financial evaluation officer determines that repayment of the costs would harm the ability of the parent or guardian to support the child, then the county financial evaluation officer shall not petition the court for an order of repayment, and the court shall not make that order. In addition, if the parent or guardian is currently receiving reunification services, and the court finds, or the county financial officer determines, that repayment by the parent or guardian will pose a barrier to reunification with the child because it will limit the ability of the parent or guardian to comply with the requirements of the reunification plan or compromise the parents or guardians current or future ability to meet the financial needs of the child, or in any case in which the court finds that the repayment would be unjust under the circumstances of the case, then the county financial evaluation officer shall not petition the court for an order of repayment, and the court shall not order repayment by the parent or guardian. In evaluating a persons ability to pay under this section, the county financial evaluation officer and the court shall take into consideration the familys income, the necessary obligations of the family, and the number of persons dependent upon this income. A person appearing for a financial evaluation has the right to dispute the county financial evaluation officers determination, in which case he or she is entitled to a hearing before the juvenile court. The county financial evaluation officer, at the time of the financial evaluation, shall advise the person of his or her right to a hearing and of his or her rights pursuant to subdivision (c).
At the hearing, a person responsible for costs is entitled to have, but shall not be limited to, the opportunity to be heard in person, to present witnesses and other documentary evidence, to confront and cross-examine adverse witnesses, to disclosure of the evidence against him or her, and to receive a written statement of the findings of the court. The person has the right to be represented by counsel, and, if the person is unable to afford counsel, the right to appointed counsel. If the court determines that the person has the ability to pay all or part of the costs, including the costs of any counsel appointed to represent the person at the hearing, the court shall set the amount to be reimbursed and order him or her to pay that sum to the county or court, depending on which entity incurred the expense, in a manner in which the court believes reasonable and compatible with the persons financial ability.
If the person, after having been ordered to appear before the county financial evaluation officer, has been given proper notice and fails to appear as ordered, the county financial evaluation officer shall recommend to the court that the person be ordered to pay the full amount of the costs. Proper notice to the person shall contain all of the following:
(1)That the person has a right to a statement of the costs as soon as it is available.
(2)The persons procedural rights under Section 27755 of the Government Code.
(3)The time limit within which the persons appearance is required.
(4)A warning that if the person fails to appear before the county financial evaluation officer, the officer will recommend that the court order the person to pay the costs in full.
If the county financial evaluation officer determines that the person has the ability to pay all or a portion of these costs, with or without terms, and the person concurs in this determination and agrees to the terms of payment, the county financial evaluation officer, upon his or her written evaluation and the persons written agreement, shall petition the court for an order requiring the person to pay that sum to the county or the court in a manner that is reasonable and compatible with the persons financial ability. This order may be granted without further notice to the person, provided that a copy of the order is served on the person by mail or by electronic means pursuant to Section 212.5.
However, if the county financial evaluation officer cannot reach an agreement with the person with respect to either the liability for the costs, the amount of the costs, the persons ability to pay the costs, or the terms of payment, the matter shall be deemed in dispute and referred by the county financial evaluation officer back to the court for a hearing.
(c)At any time prior to the satisfaction of a judgment entered pursuant to this section, a person against whom the judgment was entered may petition the rendering court to modify or vacate the judgment on the basis of a change in circumstances relating to his or her ability to pay the judgment.
(d)Execution may be issued on the order in the same manner as on a judgment in a civil action, including any balance remaining unpaid at the termination of the courts jurisdiction over the minor.
SEC. 148.Section 5362 of the Welfare and Institutions Code is amended to read:5362.(a)The clerk of the superior court shall notify each conservator, his or her conservatee and the person in charge of the facility in which the person resides, and the conservatees attorney, at least 60 days before the termination of the one-year period. If the conservator is a private party, the clerk of the superior court shall also notify the mental health director and the county officer providing conservatorship investigation pursuant to Section 5355, at least 60 days before the termination of the one-year period. Notification shall be delivered pursuant to Section 1215 of the Probate Code. The notification shall be in substantially the following form:
In the Superior Court of the State of California | |
The people of the State of California | No.____ |
Concerning | Notice of Termination |
of Conservatorship | |
The people of the State of California to : | |
(conservatee, conservatees attorney, conservator, and professional person in charge of the facility in which the conservatee resides, county mental health director, and county officer providing conservatorship investigation.) | |
The one-year conservatorship established for ____ pursuant to
Welfare and Institutions Code Section ____ on ____ will
terminate on ____. If the conservator, ____, wishes to
reestablish conservatorship for another year he or she must petition
the court by ____. Subject to a request for a court hearing by jury
trial the judge may, on his or her own motion, accept or reject the
conservators petition.
If the conservator petitions to reestablish conservatorship the
conservatee, the professional person in charge of the facility in which
he
or she resides, the conservatees attorney, and, if the conservator
is a private party, the county mental health director and the county
officer providing conservatorship investigation shall be notified. If
any of them request it, there shall be a court hearing or a jury trial,
whichever is requested, on the issue of whether the conservatee is
still gravely disabled and in need of conservatorship. If the private
conservator does not petition for reappointment, the county officer
providing conservatorship investigation may recommend another
conservator. Such a petition shall be considered a petition for
reappointment as conservator.
Clerk of the Superior Court by Deputy |
(b)Subject to a request for a court hearing or jury trial, the judge may, on his or her own motion, accept or reject the conservators petition.
If the conservator does not petition to reestablish conservatorship at or before the termination of the one-year period, the court shall issue a decree terminating conservatorship. The decree shall be delivered to the conservator and his or her conservatee pursuant to Section 1215 of the Probate Code and shall be accompanied by a statement of California law as set forth in Section 5368.
(a)In any contested action or special proceeding other than a small claims action or an action or proceeding in which a prevailing party is not represented by counsel, the party submitting an order or judgment for entry shall prepare and serve, a copy of the notice of entry of judgment to all parties who have appeared in the action or proceeding and shall file with the court the original notice of entry of judgment together with the proof of service. This subdivision does not apply in a proceeding for dissolution of marriage, for nullity of marriage, or for legal separation.
(b)Promptly upon entry of judgment in a contested action or special proceeding in which a prevailing party is not represented by counsel, the clerk of the court shall serve notice of entry of judgment to all parties who have appeared in the action or special proceeding and shall execute a certificate of service and place it in the courts file in the cause.
(c)For purposes of this section, judgment includes any judgment, decree, or signed order from which an appeal lies.
(d)Upon order of the court in any action or special proceeding, the clerk shall serve notice of entry of any judgment or ruling, whether or not appealable.
(e)The Judicial Council shall provide by rule of court that, upon entry of judgment in a contested action or special proceeding in which a state statute or regulation has been declared unconstitutional by the court, the Attorney General is promptly notified of the judgment and that a certificate of that service is placed in the courts file in the cause.
SEC. 2.Section 1010.6 of the Code of Civil Procedure is amended to read:1010.6.(a)A document may be served electronically in an action filed with the court as provided in this section, in accordance with rules adopted pursuant to subdivision (e).
(1)For purposes of this section:
(A)Electronic service means service of a document, on a party or other person, by either electronic transmission or electronic notification. Electronic service may be performed directly by a party or other person, by an agent of a party or other person, including the partys or other persons attorney, or through an electronic filing service provider.
(B)Electronic transmission means the transmission of a document by electronic means to the electronic service address at or through which a party or other person has authorized electronic service.
(C)Electronic notification means the notification of the party or other person that a document is served by sending an electronic message to the electronic address at or through which the party or other person has authorized electronic service, specifying the exact name of the document served, and providing a hyperlink at which the served document may be viewed and downloaded.
(2)(A)If For cases filed on or after January 1, 2018, if a document may be served by mail, express mail, overnight delivery, or facsimile transmission, electronic service of the document is not authorized unless a party or other person has expressly consented on the appropriate Judicial Council form to receive electronic delivery service in that specific action or the court has ordered electronic service on a represented party or other represented person under subdivision (c) or (d). Express consent to electronic service may be accomplished either by (1) serving a notice on all the parties and filing the notice with the court, or (2) manifesting affirmative consent through electronic means with the court or the courts electronic filing service provider, and concurrently providing the partys electronic address with that consent for the purpose of receiving electronic service. The act of electronic filing shall not be construed as express consent.
(B)If a document is required to be served by certified or registered mail, electronic service of the document is not authorized.
(3)In any action in which a party or other person has provided express consent to accept electronic service under paragraph (2), or in which the court has ordered electronic service on a represented party or other represented person under subdivision (c) or (d), the court may electronically serve any document issued by the court that is not required to be personally served in the same manner that parties electronically serve documents. The electronic service of documents by the court shall have the same legal effect as service by mail, except as provided in paragraph (4).
(4)(A)If a document may be served by mail, express mail, overnight delivery, or facsimile transmission, electronic service of that document is deemed complete at the time of the electronic transmission of the document or at the time that the electronic notification of service of the document is sent.
(B)Any period of notice, or any right or duty to do any act or make any response within any period or on a date certain after the service of the document, which time period or date is prescribed by statute or rule of court, shall be extended after service by electronic means by two court days, but the extension shall not apply to extend the time for filing any of the following:
(i)A notice of intention to move for new trial.
(ii)A notice of intention to move to vacate judgment under Section 663a.
(iii)A notice of appeal.
(C)This extension applies in the absence of a specific exception provided by any other statute or rule of court.
(5)Any document that is served electronically between 12:00 a.m. and 11:59:59 p.m. on a court day shall be deemed served on that court day. Any document that is served electronically on a noncourt day shall be deemed served on the next court day.
(6)A party or other person who has provided express consent to accept service electronically may withdraw consent at any time by completing and filing with the court the appropriate Judicial Council form. The Judicial Council shall create the form by January 1, 2019.
(7)Consent, or the withdrawal of consent, to receive electronic service shall be filed with the court may only be completed by a party or other person entitled to service or that persons attorney.
(8)Confidential or sealed records shall be electronically served through encrypted methods to ensure that the documents are not improperly disclosed.
(b)A trial court may adopt local rules permitting electronic filing of documents, subject to rules adopted pursuant to subdivision (e) and the following conditions:
(1)A document that is filed electronically shall have the same legal effect as an original paper document.
(2)(A)When a document to be filed requires the signature of any person, not under penalty of perjury, the document shall be deemed to have been signed by the person who filed the document electronically.
(B)When a document to be filed requires the signature, under penalty of perjury, of any person, the document shall be deemed to have been signed by that person if filed electronically and if either of the following conditions is satisfied:
(i)The person has signed a printed form of the document before before, or on the same day as, the date of filing. The attorney or other person filing the document represents, by the act of filing, that the declarant has complied with this section. The attorney or other person filing the document shall maintain the printed form of the document bearing the original signature until final disposition of the case, as defined in subdivision (c) of Section 68151 of the Government Code, and make it available for review and copying upon the request of the court or any party to the action or proceeding in which it is filed.
(ii)The person has signed the document using a computer or other technology pursuant to the procedure set forth in a rule of court adopted by the Judicial Council by January 1, 2019.
(3)Any document received electronically by the court between 12:00 a.m. and 11:59:59 p.m. on a court day shall be deemed filed on that court day. Any document that is received electronically on a noncourt day shall be deemed filed on the next court day.
(4)The court receiving a document filed electronically shall issue a confirmation that the document has been received and filed. The confirmation shall serve as proof that the document has been filed.
(5)Upon electronic filing of a complaint, petition, or other document that must be served with a summons, a trial court, upon request of the party filing the action, shall issue a summons with the court seal and the case number. The court shall keep the summons in its records and may electronically transmit a copy of the summons to the requesting party. Personal service of a printed form of the electronic summons shall have the same legal effect as personal service of an original summons. If a trial court plans to electronically transmit a summons to the party filing a complaint, the court shall immediately, upon receipt of the complaint, notify the attorney or party that a summons will be electronically transmitted to the electronic address given by the person filing the complaint.
(6)The court shall permit a party or attorney to file an application for waiver of court fees and costs, in lieu of requiring the payment of the filing fee, as part of the process involving the electronic filing of a document. The court shall consider and determine the application in accordance with Article 6 (commencing with Section 68630) of Chapter 2 of Title 8 of the Government Code and shall not require the party or attorney to submit any documentation other than that set forth in Article 6 (commencing with Section 68630) of Chapter 2 of Title 8 of the Government Code. Nothing in this section shall require the court to waive a filing fee that is not otherwise waivable.
(7)A fee, if any, charged by the court, an electronic filing manager, or an electronic filing service provider to process a payment for filing fees and other court fees shall not exceed the costs incurred in processing the payment.
(c)If a trial court adopts rules conforming to subdivision (b), it may provide by order that all parties to an action file and serve documents electronically in a class action, a consolidated action, a group of actions, a coordinated action, or an action that is deemed complex under Judicial Council rules, provided that the trial courts order does not cause undue hardship or significant prejudice to any party in the action.
(d)A trial court may, by local rule, require electronic filing and service in civil actions, subject to the requirements and conditions stated in subdivision (b), the rules adopted by the Judicial Council under subdivision (f), and the following conditions:
(1)The court shall have the ability to maintain the official court record in electronic format for all cases where electronic filing is required.
(2)The court and the parties shall have access to more than one electronic filing service provider capable of electronically filing documents with the court or to electronic filing access directly through the court. The court may charge fees of no more than the actual cost of the electronic filing and service of the documents. Any fees charged by an electronic filing service provider shall be reasonable. The court, an electronic filing manager, or an electronic filing service provider shall waive any fees charged if the court deems a waiver appropriate, including in instances where a party has received a fee waiver.
(3)The court shall have a procedure for the filing of nonelectronic documents in order to prevent the program from causing undue hardship or significant prejudice to any party in an action, including, but not limited to, unrepresented parties. The Judicial Council shall make a form available to allow a party to seek an exemption from mandatory electronic filing and service on the grounds provided in this paragraph.
(4)Unrepresented persons are exempt from mandatory electronic filing and service.
(e)The Judicial Council shall adopt uniform rules for the electronic filing and service of documents in the trial courts of the state, which shall include statewide policies on vendor contracts, privacy, and access to public records, and rules relating to the integrity of electronic service. These rules shall conform to the conditions set forth in this section, as amended from time to time.
(f)The Judicial Council shall adopt uniform rules to permit the mandatory electronic filing and service of documents for specified civil actions in the trial courts of the state, which shall include statewide policies on vendor contracts, privacy, access to public records, unrepresented parties, parties with fee waivers, hardships, reasonable exceptions to electronic filing, and rules relating to the integrity of electronic service. These rules shall conform to the conditions set forth in this section, as amended from time to time.
SEC. 3.Section 1011 of the Code of Civil Procedure is amended to read:1011.The service may be personal, by delivery to the party or attorney on whom the service is required to be made, or it may be as follows:
(a)If upon an attorney, service may be made at the attorneys office, by leaving the notice or other papers in an envelope or package clearly labeled to identify the attorney being served, with a receptionist or with a person having charge thereof. If there is no person in the office with whom the notice or papers may be left for purposes of this subdivision at the time service is to be effected, service may be made by leaving them between the hours of nine in the morning and five in the afternoon, in a conspicuous place in the office, or, if the attorneys office is not open so as to admit of that service, then service may be made by leaving the notice or papers at the attorneys residence, with some person of not less than 18 years of age, if the attorneys residence is in the same county with his or her office, and, if the attorneys residence is not known or is not in the same county with his or her office, or or, being in the same county county, it is not open, or a person 18 years of age or older cannot be found at the attorneys residence, then service may be made by putting the notice or papers, enclosed in a sealed envelope, into the post office or a mail box, subpost office, substation, or mail chute or other like facility regularly maintained by the Government of the United States directed to the attorney at his or her office, if known known, and otherwise to the attorneys residence, if known. If neither the attorneys office nor residence is known, service may be made by delivering the notice or papers to the address of the attorney or party of record as designated on the court papers, or by delivering the notice or papers to the clerk of the court, for the attorney.
(b)If upon a party, service shall be made in the manner specifically provided in particular cases, or, if no specific provision is made, service may be made by leaving the notice or other paper at the partys residence, between the hours of eight in the morning and six in the evening, with some person of not less than 18 years of age. If, at the time of attempted service between those hours, a person 18 years of age or older cannot be found at the partys residence, the notice or papers may be served by mail. If the partys residence is not known, service may be made by delivering the notice or papers to the clerk of the court, for that party.
(c)If service is made by electronic service, it shall be made pursuant to Section 1010.6 and applicable rules on electric service in the California Rules of Court.
SEC. 4.Section 1013b is added to the Code of Civil Procedure, to read:1013b.(a)Proof of electronic service may be made by any of the following methods:
(1)An affidavit setting forth the exact title of the document served and filed in the cause, showing the name and residence or business address of the person making the service, showing that he or she is a resident of or employed in the county where the filing occurs, and that he or she is over the age of 18 years.
(2)A certificate setting forth the exact title of the document served and filed in the cause, showing the name and business address of the person making the service, and showing that he or she is an active member of the State Bar of California.
(3)An affidavit setting forth the exact title of the document served and filed in the cause, showing (A) the name and residence or business address of the person making the service, (B) that he or she is a resident of, or employed in, the county where the filing occurs, (C) that he or she is over the age of 18 years, (D) that he or she is readily familiar with the business practice for filing electronically, and (E) that the document would be electronically filed that same day in the ordinary course of business following ordinary business practices.
(4)In case of service by the clerk of a court of record, a certificate by that clerk setting forth the exact title of the document served and filed in the cause, showing the name of the clerk and the name of the court of which he or she is the clerk.
(b)Proof of electronic service shall include all of the following:
(1)The electronic service address and the residence or business address of the person making the electronic service.
(2)The date of electronic service.
(3)The name and electronic service address of the person served.
(4)A statement that the document was served electronically.
(c)Proof of electronic service shall be signed as provided in subparagraph (B) of paragraph (2) of subdivision (b) of Section 1010.6.
(d)Proof of electronic service may be in electronic form and may be filed electronically with the court.
SEC. 4.5.Section 1020 of the Code of Civil Procedure is amended to read:1020.(a)Any notice required by law, other than those required to be given to a party to an action or to his attorney, the service of which is not governed by the other sections of this chapter and which is not otherwise specifically provided for by law, may be given by sending the same by registered mail with proper postage prepaid addressed to the addressees last known address with request for return receipt, and the production of a returned receipt purporting to be signed by the addressee shall create a disputable presumption that such notice was received by the person to whom the notice was required to be sent.
(b)Electronic service is not authorized for a notice that requires certified or registered mail. This subdivision shall become inoperative on January 1, 2022.
SEC. 5.Section 690.5 is added to the Penal Code, to read:690.5.(a)Subdivisions (a) and (b) of Section 1010.6 of the Code of Civil Procedure, pertaining to the permissive filing and service of documents, are applicable to criminal actions, except as otherwise provided in Section 959.1 or any other provision of this code.
(b)The Judicial Council shall adopt uniform rules for the electronic filing and service of documents in criminal cases in the trial courts of this state.
SEC. 6.Section 331 of the Probate Code is amended to read:331.(a)This section applies only to a safe deposit box in a financial institution held by the decedent in the decedents sole name, or held by the decedent and others where all are deceased. Nothing in this section affects the rights of a surviving coholder.
(b)A person who has a key to the safe deposit box may, before letters have been issued, obtain access to the safe deposit box only for the purposes specified in this section by providing the financial institution with both of the following:
(1)Proof of the decedents death. Proof shall be provided by a certified copy of the decedents death certificate or by a written statement of death from the coroner, treating physician, or hospital or institution where the decedent died.
(2)Reasonable proof of the identity of the person seeking access. Reasonable proof of identity is provided for the purpose of this paragraph if the requirements of Section 13104 are satisfied.
(c)The financial institution has no duty to inquire into the truth of any statement, declaration, certificate, affidavit, or document offered as proof of the decedents death or proof of identity of the person seeking access.
(d)If the person seeking access has satisfied the requirements of subdivision (b), the financial institution shall do all of the following:
(1)Keep a record of the identity of the person.
(2)Permit the person to open the safe deposit box under the supervision of an officer or employee of the financial institution, and to make an inventory of its contents.
(3)Make a photocopy of all wills and trust instruments removed from the safe deposit box, and keep the photocopy in the safe deposit box until the contents of the box are removed by the personal representative of the estate or other legally authorized person. The financial institution may charge the person given access a reasonable fee for photocopying.
(4)Permit the person given access to remove instructions for the disposition of the decedents remains, and, after a photocopy is made, to remove the wills and trust instruments.
(e)The person given access shall deliver all wills found in the safe deposit box to the clerk of the superior court and deliver a copy pursuant to Section 1215 to the person named in the will as executor or beneficiary as provided in Section 8200.
(f)Except as provided in subdivision (d), the person given access shall not remove any of the contents of the decedents safe deposit box.
SEC. 7.Section 366 of the Probate Code is amended to read:366.Notice of a hearing under this part shall be delivered pursuant to Section 1215 at least 15 days before the hearing to each fiduciary and consultant, and to the following persons:
(a)In the case of a trust, to each known beneficiary, subject to the provisions of Chapter 2 (commencing with Section 15800) of Part 3 of Division 9.
(b)In the case of a decedents estate, as provided in Section 1220, to both of the following:
(1)Each known heir whose interest in the estate would be affected by the proceedings.
(2)Each known devisee whose interest in the estate would be affected by the proceedings.
(c)In the case of a guardianship or conservatorship estate, as provided in Section 1460.
(d)In other cases, to any additional interested persons required by the court to receive notice.
SEC. 8.Section 453 of the Probate Code is amended to read:453.(a)On petition of a person required to appear before the probate referee pursuant to this chapter, the court may make a protective order to protect the person from annoyance, embarrassment, or oppression. The petitioner shall deliver pursuant to Section 1215 notice of the hearing on the petition to the probate referee and to the personal representative, guardian, conservator, or other fiduciary at least 15 days before the date set for the hearing. Any subpoena issued by the probate referee is stayed during the pendency of the petition.
(b)On petition of the probate referee, the court may make an order to show cause why a person who is required, but fails, to appear before the probate referee pursuant to this chapter, should not be compelled to do so. The probate referee shall deliver pursuant to Section 1215 notice of the hearing on the petition to the person at least 15 days before the date set for the hearing.
SEC. 9.Section 711 of the Probate Code is amended to read:711.If a document deposited with an attorney is lost or destroyed, the attorney shall give notice of the loss or destruction to the depositor by one of the following methods:
(a)By delivering pursuant to Section 1215 the notice to the depositors last known address.
(b)By the method most likely to give the depositor actual notice.
SEC. 10.Section 715 of the Probate Code is amended to read:715.An attorney may give written notice to a depositor, and obtain written acknowledgment from the depositor, in the following form:
NOTICE AND ACKNOWLEDGMENT |
To: | (Name of depositor) |
(Address) |
(City, state, and ZIP) |
(Electronic address) |
I have accepted your will or other estate planning document for safekeeping. I must use ordinary care for preservation of the document.
You must keep me advised of any change in your addresses shown above. If you do not and I cannot return this document to you when necessary, I will no longer be required to use ordinary care for preservation of the document, and I may transfer it to another attorney, or I may transfer it to the clerk of the superior court of the county of your last known domicile, and give notice of the transfer to the State Bar of California.
(Signature of attorney) |
(Address of attorney) |
(City, state, and ZIP) |
(Electronic address) |
My addresses shown above are correct. I understand that I must keep you advised of any change in these addresses.
Dated: |
(Signature of depositor) |
(a)An attorney may terminate a deposit under this section if the attorney has delivered notice pursuant to Section 1215 to reclaim the document to the depositors last known address and the depositor has failed to reclaim the document within 90 days after delivery.
(b)Subject to subdivision (f), an attorney may terminate a deposit under this section by transferring the document to another attorney. All documents transferred under this subdivision shall be transferred to the same attorney.
(c)Subject to subdivision (f), if an attorney is deceased, lacks legal capacity, or is no longer an active member of the State Bar, a deposit may be terminated under this section by transferring the document to the clerk of the superior court of the county of the depositors last known domicile. The attorney shall advise the clerk that the document is being transferred pursuant to this section.
(d)An attorney may not accept a fee or compensation from a transferee for transferring a document under this section. An attorney may charge a fee for receiving a document under this section.
(e)Transfer of a document by an attorney under this section is not a waiver or breach of any privilege or confidentiality associated with the document, and is not a violation of the rules of professional conduct. If the document is privileged under Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code, the document remains privileged after the transfer.
(f)If the document is a will and the attorney has actual notice that the depositor has died, the attorney may terminate a deposit only as provided in Section 734.
SEC. 12.Section 733 of the Probate Code is amended to read:733.(a)An attorney transferring one or more documents under Section 732 shall deliver notice pursuant to Section 1215 of the transfer to the State Bar of California. The notice shall contain all of the following information:
(1)The name of the depositor.
(2)The date of the transfer.
(3)The name, address, and State Bar number of the transferring attorney.
(4)Whether any documents are transferred to an attorney, and the name, address, and State Bar number of the attorney to whom the documents are transferred.
(5)Whether any documents are transferred to a superior court clerk.
(b)The State Bar shall record only one notice of transfer for each transferring attorney. The State Bar shall prescribe the form for the notice of transfer. On request by any person, the State Bar shall give that person information in the notice of transfer. At its sole election, the State Bar may give the information orally or in writing.
SEC. 13.Section 1050 of the Probate Code is amended to read:1050.The judgment roll in a proceeding under this code consists of the following papers, where applicable:
(a)In all cases:
(1)The petition, application, report, or account that initiates a particular proceeding.
(2)Any order directing notice of the hearing to be given.
(3)Any notice of the hearing, and any order to show cause made in the proceeding, with the affidavits showing publication, posting, or delivery pursuant to Section 1215 of the notice or order as may be required by law or court order.
(4)Any citation, in case no answer or written opposition is filed by a party entitled, by law or court order, to notice of the proceeding by citation, with the affidavit or proof of service and, if service of the citation is made by publication, the affidavit of publication and the order directing publication.
(5)Any finding of the court or referee in the proceeding.
(6)The order or statement of decision made in the proceeding.
(7)Any letters, as defined in Section 52.
(b)If an answer, demurrer, written opposition, or counter petition is filed in a proceeding:
(1)Pleadings and papers in the nature of pleadings.
(2)Any orders striking out a pleading in whole or in part.
(3)Any order made on demurrer, or relating to a change of parties, in the proceeding.
(4)The verdict of the jury, if any.
(c)If the proceeding is for the probate of a will, the will.
(d)If the proceeding is a contest of a will, for the revocation of the probate of a will, or for a preliminary or final distribution of the estate under a will:
(1)The will.
(2)The order admitting the will to probate.
(e)If the proceeding is for the settlement of the final account of a personal representative or for the final distribution of an estate, the affidavit showing publication of notice to creditors.
SEC. 14.Section 1209 of the Probate Code is amended to read:1209.(a)If notice is required to be given to the State of California, the notice shall be given to the Attorney General.
(b)If notice is required to be given to the Attorney General, the notice shall be delivered pursuant to Section 1215 to the Attorney General at the office of the Attorney General at Sacramento, California.
SEC. 15.Section 1212 of the Probate Code is amended to read:1212.Unless the court dispenses with the notice, if the address of the person to whom a notice or other paper is required to be delivered pursuant to Section 1215 is not known, notice shall be given as the court may require in the manner provided in Section 413.30 of the Code of Civil Procedure.
SEC. 16.Section 1213 of the Probate Code is amended to read:1213.(a)The following persons shall deliver pursuant to Section 1215 a notice, as described in Section 1211, to a surety who has filed a court bond in a proceeding:
(1)A person who files a petition to surcharge.
(2)A person who files an objection to an account.
(3)A person who files a petition to suspend or remove a guardian, conservator, or personal representative.
(4)An attorney who files a motion to withdraw from representation of a guardian, conservator, or personal representative.
(b)Within five days after entry of an order to suspend or remove a guardian, conservator, or personal representative, the person who filed a petition to suspend or remove a guardian or, if the order to suspend or remove a guardian, conservator, or personal representative was issued upon a motion by the court, the court, shall notify pursuant to Section 1215 the surety who has filed a court bond of the order.
(c)The notice required by this section shall be delivered pursuant to Section 1215 to the addressee listed on the surety bond.
(d)Notwithstanding subdivisions (a) and (b), notice is not required to a surety pursuant to this section if the surety bond is for a guardian, conservator, or personal representative who is not the subject of the petition, motion, or order described in this section.
SEC. 17.Section 1214 of the Probate Code is amended to read:1214.If a notice or other paper is required or permitted to be served or delivered pursuant to Section 1215 to a person who is represented by an attorney of record, the notice or other paper shall also be delivered pursuant to Section 1215 to this attorney, unless otherwise specified in a request for special notice.
SEC. 18.Section 1215 of the Probate Code is amended to read:1215.Unless otherwise expressly provided, a notice or other paper that is required or permitted to be delivered to a person shall be delivered pursuant to one of the following methods:
(a)Delivery by mail.
(1)A notice or other paper shall be delivered by mail as follows:
(A)By first-class mail if the persons address is within the United States. First-class mail includes certified, registered, and express mail.
(B)By international mail if the persons address is not within the United States. International mail includes first-class mail international, priority mail international, priority mail express international, and global express guaranteed.
(2)The notice or other paper shall be deposited for collection in the United States mail, in a sealed envelope, with postage paid, addressed to the person to whom it is mailed.
(3)Subject to Section 1212, the notice or other paper shall be addressed to the person at the persons place of business or place of residence.
(4)Delivery by mail is complete when the notice or other paper is deposited in the mail. The period of notice is not extended.
(b)Personal delivery.
(1)A notice or other paper may be delivered personally to that person.
(2)Personal delivery is complete when the notice or other paper is delivered personally to the person who is to receive it.
(c)Electronic delivery.
(1)A notice or other paper shall not be delivered by electronic means unless the person to receive notice has expressly consented on the appropriate Judicial Council form to receive electronic delivery in the proceeding before the court and has provided an electronic address for that express purpose.
(2)Electronic delivery is complete when the notice or other paper is sent. The period of notice is not extended.
(3)Electronic delivery is not permitted for a notice or other paper that requires delivery by certified or registered mail.
SEC. 19.Section 1216 of the Probate Code is repealed.SEC. 20.Section 1217 of the Probate Code is amended to read:1217.If a notice or other paper is required to be served or otherwise given and no other manner of giving the notice or other paper is specified by statute, the notice or other paper shall be delivered pursuant to Section 1215.
SEC. 21.Section 1220 of the Probate Code is amended to read:1220.(a)If notice of hearing is required to be given as provided in this section:
(1)At least 15 days before the time set for the hearing, the petitioner or the person filing the report, account, or other paper shall cause notice of the time and place of the hearing to be delivered pursuant to Section 1215 to the persons required to be given notice.
(2)Unless the statute requiring notice specifies the persons to be given notice, notice shall be delivered pursuant to Section 1215 to all of the following:
(A)The personal representative.
(B)All persons who have requested special notice in the estate proceeding pursuant to Section 1250.
(3)Subject to Section 1212, the notice shall be delivered pursuant to Section 1215 to the person required to be given notice at the persons place of business, place of residence, or electronic address.
(b)Subject to subdivision (c), this section does not excuse compliance with the requirements for notice to a person who has requested special notice pursuant to Chapter 6 (commencing with Section 1250).
(c)The court for good cause may dispense with the notice otherwise required to be given to a person as provided in this section.
SEC. 22.Section 1250 of the Probate Code is amended to read:1250.(a)At any time after the issuance of letters in a proceeding under this code for the administration of a decedents estate, any person interested in the estate, whether as devisee, heir, creditor, beneficiary under a trust, or as otherwise interested, may may, in person or by attorney, file with the court clerk a written request for special notice.
(b)The request for special notice shall be so entitled and shall set forth the name of the person and the address to which notices shall be delivered pursuant to Section 1215.
(c)Special notice may be requested of one or more of the following matters:
(1)Petitions filed in the administration proceeding.
(2)Inventories and appraisals of property in the estate, including any supplemental inventories and appraisals.
(3)Objections to an appraisal.
(4)Accounts of a personal representative.
(5)Reports of status of administration.
(d)Special notice may be requested of any matter in subdivision (c) by describing it, or of all the matters in subdivision (c) by referring generally to the matters described in subdivision (c) of Section 1250 of the Probate Code or by using words of similar meaning.
(e)A copy of the request shall be delivered pursuant to Section 1215 to the personal representative or to the attorney for the personal representative. If personally delivered, the request is effective when it is delivered. If mailed or electronically delivered, the request is effective when it is received.
(f)If the original of the request is filed with the court clerk, it shall be accompanied by a written admission or proof of service.
SEC. 23.Section 1252 of the Probate Code is amended to read:1252.(a)Unless the court makes an order dispensing with the notice, if a request has been made pursuant to Section 1250 for special notice of a hearing, the person filing the petition, report, account, or other paper shall give written notice of the filing, together with a copy of the petition, report, account, or other paper, and the time and place set for the hearing, by delivering the documents pursuant to Section 1215 to the person named in the request at the address set forth in the request, at least 15 days before the time set for the hearing.
(b)If a request has been made pursuant to Section 1250 for special notice of the filing of an inventory and appraisal of the estate or of the filing of any other paper that does not require a hearing, the inventory and appraisal or other paper shall be delivered pursuant to Section 1215 not later than 15 days after the inventory and appraisal or other paper is filed with the court.
SEC. 24.Section 1265 of the Probate Code is amended and renumbered to read:1266.Proof of notice, however given, may be made by evidence presented at the hearing.
SEC. 25.Section 1265 is added to the Probate Code, to read:1265.Proof of electronic delivery may be made in the manner prescribed in Section 1013b of the Code of Civil Procedure.
SEC. 26.Section 1460 of the Probate Code is amended to read:1460.(a)Subject to Sections 1202 and 1203, if notice of hearing is required under this division but the applicable provision does not fix the manner of giving notice of hearing, the notice of the time and place of the hearing shall be given at least 15 days before the day of the hearing as provided in this section.
(b)Subject to subdivision (e), the petitioner, who includes, for purposes of this section, a person filing a petition, report, or account, shall cause the notice of hearing to be delivered pursuant to Section 1215, to each of the following persons:
(1)The guardian or conservator.
(2)The ward or the conservatee.
(3)The spouse of the ward or conservatee, if the ward or conservatee has a spouse, or the domestic partner of the conservatee, if the conservatee has a domestic partner.
(4)Any person who has requested special notice of the matter, as provided in Section 2700.
(5)For any hearing on a petition to terminate a guardianship, to accept the resignation of, or to remove the guardian, the persons described in subdivision (c) of Section 1510.
(6)For any hearing on a petition to terminate a conservatorship, to accept the resignation of, or to remove the conservator, the persons described in subdivision (b) of Section 1821.
(c)The clerk of the court shall cause the notice of the hearing to be posted as provided in Section 1230 if the posting is required by subdivision (c) of Section 2543.
(d)Except as provided in subdivision (e), this section does not excuse compliance with the requirements for notice to a person who has requested special notice pursuant to Chapter 10 (commencing with Section 2700) of Part 4.
(e)The court, for good cause, may dispense with the notice otherwise required to be given to a person as provided in this section.
SEC. 27.Section 1461 of the Probate Code is amended to read:1461.(a)As used in this section, director means:
(1)The Director of State Hospitals when the state hospital referred to in subdivision (b) is under the jurisdiction of the State Department of State Hospitals.
(2)The Director of Developmental Services when the state hospital referred to in subdivision (b) is under the jurisdiction of the State Department of Developmental Services.
(b)Notice of the time and place of hearing on the petition, report, or account, and a copy of the petition, report, or account, shall be delivered pursuant to Section 1215 to the director at the directors office in Sacramento or to the electronic address designated by the director for receipt of notice pursuant to this code, at least 15 days before the hearing if both of the following conditions exist:
(1)The ward or conservatee is or has been during the guardianship or conservatorship proceeding a patient in, or on leave from, a state hospital under the jurisdiction of the State Department of State Hospitals or the State Department of Developmental Services.
(2)The petition, report, or account is filed under any one or more of the following provisions: Section 1510, 1820, 1861, 2212, 2403, 2421, 2422, or 2423; Article 7 (commencing with Section 2540) of Chapter 6 of Part 4; Section 2580, 2592, or 2620; Chapter 9.5 (commencing with Section 2670) of Part 4; Section 3080 or 3088; or Chapter 3 (commencing with Section 3100) of Part 6. Notice under this section is not required in the case of an account pursuant to Section 2620 if the total guardianship or conservatorship assets are less than one thousand five hundred dollars ($1,500) and the gross annual income, exclusive of any public assistance income, is less than six thousand dollars ($6,000), and the ward or conservatee is not a patient in, or on leave or on outpatient status from, a state hospital at the time of the filing of the petition.
(c)If the ward or conservatee has been discharged from the state hospital, the director, upon ascertaining the facts, may file with the court a certificate stating that the ward or conservatee is not indebted to the state and waive the giving of further notices under this section. Upon the filing of the certificate of the director, compliance with this section thereafter is not required unless the certificate is revoked by the director and notice of the revocation is filed with the court.
(d)The statute of limitations does not run against any claim of the State Department of State Hospitals or the State Department of Developmental Services against the estate of the ward or conservatee for board, care, maintenance, or transportation with respect to an account that is settled without giving the notice required by this section.
SEC. 28.Section 1461.4 of the Probate Code is amended to read:1461.4.(a)The petitioner shall deliver pursuant to Section 1215 a notice of the hearing and a copy of the petition to the director of the regional center for the developmentally disabled at least 30 days before the day of the hearing on a petition for appointment in any case in which all of the following conditions exist:
(1)The proposed ward or conservatee has developmental disabilities.
(2)The proposed guardian or conservator is not the natural parent of the proposed ward or conservatee.
(3)The proposed guardian or conservator is a provider of board and care, treatment, habilitation, or other services to persons with developmental disabilities or is a spouse or employee of a provider.
(4)The proposed guardian or conservator is not a public entity.
(b)The regional center shall file a written report and recommendation with the court regarding the suitability of the petitioners to meet the needs of the proposed ward or conservatee in any case described in subdivision (a).
SEC. 29.Section 1461.5 of the Probate Code is amended to read:1461.5.Notice of the time and place of hearing on a petition, report, or account, and a notice of the filing of an inventory, together with a copy of the petition, report, inventory, or account, shall be delivered pursuant to Section 1215 to the office of the Veterans Administration having jurisdiction over the area in which the court is located at least 15 days before the hearing, or within 15 days after the inventory is filed, if both of the following conditions exist:
(a)The guardianship or conservatorship estate consists or will consist wholly or in part of any of the following:
(1)Money received from the Veterans Administration.
(2)Revenue or profit from such money or from property acquired wholly or in part from such money.
(3)Property acquired wholly or in part with such money or from such property.
(b)The petition, report, inventory, or account is filed under any one or more of the following provisions: Section 1510, 1601, 1820, 1861, 1874, 2422, or 2423; Article 7 (commencing with Section 2540) of Chapter 6 of Part 4; Section 2570, 2571, 2580, 2592, 2610, 2613, or 2620; Chapter 8 (commencing with Section 2640) of Part 4; Chapter 9.5 (commencing with Section 2670) of Part 4; Section 3080 or 3088; or Chapter 3 (commencing with Section 3100) of Part 6.
SEC. 30.Section 1511 of the Probate Code is amended to read:1511.(a)Except as provided in subdivisions (f) and (g), at least 15 days before the hearing on the petition for the appointment of a guardian, notice of the time and place of the hearing shall be given as provided in subdivisions (b), (c), (d), and (e) of this section. The notice shall be accompanied by a copy of the petition. The court shall not shorten the time for giving the notice of hearing under this section.
(b)Notice shall be served in the manner provided in Section 415.10 or 415.30 of the Code of Civil Procedure, or in any manner authorized by the court, on all of the following persons:
(1)The proposed ward if 12 years of age or older.
(2)Any person having legal custody of the proposed ward, or serving as guardian of the estate of the proposed ward.
(3)The parents of the proposed ward.
(4)Any person nominated as a guardian for the proposed ward under Section 1500 or 1501.
(c)Notice shall be delivered pursuant to Section 1215 to the addresses stated in the petition, or in any manner authorized by the court, to all of the following:
(1)The spouse named in the petition.
(2)The relatives named in the petition, except that if the petition is for the appointment of a guardian of the estate only the court may dispense with the giving of notice to any one or more or all of the relatives.
(3)The person having the care of the proposed ward if other than the person having legal custody of the proposed ward.
(d)If notice is required by Section 1461 or 1542 to be given to the Director of State Hospitals or the Director of Developmental Services or the Director of Social Services, notice shall be delivered pursuant to Section 1215 as required.
(e)If the petition states that the proposed ward is receiving or is entitled to receive benefits from the Veterans Administration, notice shall be delivered pursuant to Section 1215 to the office of the Veterans Administration referred to in Section 1461.5.
(f)Unless the court orders otherwise, notice shall not be given to any of the following:
(1)The parents or other relatives of a proposed ward who has been relinquished to a licensed adoption agency.
(2)The parents of a proposed ward who has been judicially declared free from their custody and control.
(g)Notice need not be given to any person if the court so orders upon a determination of either of the following:
(1)The person cannot with reasonable diligence be given the notice.
(2)The giving of the notice would be contrary to the interest of justice.
(h)Before the appointment of a guardian is made, proof shall be made to the court that each person entitled to notice under this section either:
(1)Has been given notice as required by this section.
(2)Has not been given notice as required by this section because the person cannot with reasonable diligence be given the notice or because the giving of notice to that person would be contrary to the interest of justice.
(i)If notice is required by Section 1460.2 to be given to an Indian custodian or tribe, notice shall be mailed as required.
SEC. 31.Section 1513.2 of the Probate Code is amended to read:1513.2.(a)To the extent resources are available, the court shall implement procedures, as described in this section, to ensure that every guardian annually completes and returns to the court a status report, including the statement described in subdivision (b). A guardian who willfully submits any material information required by the form which he or she knows to be false shall be guilty of a misdemeanor. Not later than one month before the date the status report is required to be returned, the clerk of the court shall deliver a notice pursuant to Section 1215 to the guardian informing the guardian that he or she is required to complete and return the status report to the court. The clerk shall enclose with the letter a blank status report form for the guardian to complete and return. If the status report is not completed and returned as required, or if the court finds, after a status report has been completed and returned, that further information is needed, the court shall attempt to obtain the information required in the report from the guardian or other sources. If the court is unable to obtain this information within 30 days after the date the status report is due, the court shall either order the guardian to make himself or herself available to the investigator for purposes of investigation of the guardianship, or to show cause why the guardian should not be removed.
(b)The Judicial Council shall develop a form for the status report. The form shall include the following statement: A guardian who willfully submits any material information required by this form which he or she knows to be false is guilty of a misdemeanor. The form shall request information the Judicial Council deems necessary to determine the status of the guardianship, including, but not limited to, the following:
(1)The guardians present address and electronic address.
(2)The name and birth date of the child under guardianship.
(3)The name of the school in which the child is enrolled, if any.
(4)If the child is not in the guardians home, the name, relationship, address, electronic address, and telephone number of the person or persons with whom the child resides.
(5)If the child is not in the guardians home, why the child was moved.
(c)The report authorized by this section is confidential and shall only be made available to persons who have been served in the proceedings or their attorneys. The clerk of the court shall implement procedures for the limitation of the report exclusively to persons entitled to its receipt.
SEC. 32.Section 1516 of the Probate Code is amended to read:1516.(a)In each case involving a petition for guardianship of the person, the petitioner shall deliver pursuant to Section 1215 a notice of the hearing and a copy of the petition, at least 15 days before the hearing, to the local agency designated by the board of supervisors to investigate guardianships for the court. The local social services agency providing child protection services shall screen the name of the guardian for prior referrals of neglect or abuse of minors. The results of this screening shall be provided to the court.
(b)This section does not apply to guardianships resulting from a permanency plan for a dependent child pursuant to Section 366.25 of the Welfare and Institutions Code.
SEC. 33.Section 1542 of the Probate Code is amended to read:1542.In each case involving a petition for guardianship of the person, the petitioner shall deliver pursuant to Section 1215 a notice of the hearing and a copy of the petition, at least 15 days before the hearing, to the Director of Social Services at the directors office in Sacramento and to the local agency designated by the board of supervisors to investigate guardianships for the court.
SEC. 34.Section 1822 of the Probate Code is amended to read:1822.(a)At least 15 days before the hearing on the petition for appointment of a conservator, notice of the time and place of the hearing shall be given as provided in this section. The notice shall be accompanied by a copy of the petition. The court shall not shorten the time for giving the notice of hearing under this section.
(b)Notice shall be delivered pursuant to Section 1215 to the following persons:
(1)The spouse, if any, or registered domestic partner, if any, of the proposed conservatee at the address stated in the petition.
(2)The relatives named in the petition at their addresses stated in the petition.
(c)If notice is required by Section 1461 to be given to the Director of State Hospitals or the Director of Developmental Services, notice shall be delivered pursuant to Section 1215 as required.
(d)If the petition states that the proposed conservatee is receiving or is entitled to receive benefits from the Veterans Administration, notice shall be mailed to the Office of the Veterans Administration referred to in Section 1461.5.
(e)If the proposed conservatee is a person with developmental disabilities, at least 30 days before the day of the hearing on the petition, the petitioner shall deliver pursuant to Section 1215 a notice of the hearing and a copy of the petition to the regional center identified in Section 1827.5.
(f)If the petition states that the petitioner and the proposed conservator have no prior relationship with the proposed conservatee and are not nominated by a family member, friend, or other person with a relationship to the proposed conservatee, notice shall be delivered pursuant to Section 1215 to the public guardian of the county in which the petition is filed.
SEC. 35.Section 1826 of the Probate Code is amended to read:1826.(a)Regardless of whether the proposed conservatee attends the hearing, the court investigator shall do all of the following:
(1)Conduct the following interviews:
(A)The proposed conservatee personally.
(B)All petitioners and all proposed conservators who are not petitioners.
(C)The proposed conservatees spouse or registered domestic partner and relatives within the first degree. If the proposed conservatee does not have a spouse, registered domestic partner, or relatives within the first degree, to the greatest extent possible, the proposed conservatees relatives within the second degree.
(D)To the greatest extent practical and taking into account the proposed conservatees wishes, the proposed conservatees relatives within the second degree not required to be interviewed under subparagraph (C), neighbors, and, if known, close friends.
(2)Inform the proposed conservatee of the contents of the citation, of the nature, purpose, and effect of the proceeding, and of the right of the proposed conservatee to oppose the proceeding, to attend the hearing, to have the matter of the establishment of the conservatorship tried by jury, to be represented by legal counsel if the proposed conservatee so chooses, and to have legal counsel appointed by the court if unable to retain legal counsel.
(3)Determine if it appears that the proposed conservatee is unable to attend the hearing and, if able to attend, whether the proposed conservatee is willing to attend the hearing.
(4)Review the allegations of the petition as to why the appointment of the conservator is required and, in making his or her determination, do the following:
(A)Refer to the supplemental information form submitted by the petitioner and consider the facts set forth in the form that address each of the categories specified in paragraphs (1) to (5), inclusive, of subdivision (a) of Section 1821.
(B)Consider, to the extent practicable, whether he or she believes the proposed conservatee suffers from any of the mental function deficits listed in subdivision (a) of Section 811 that significantly impairs the proposed conservatees ability to understand and appreciate the consequences of his or her actions in connection with any of the functions described in subdivision (a) or (b) of Section 1801 and identify the observations that support that belief.
(5)Determine if the proposed conservatee wishes to contest the establishment of the conservatorship.
(6)Determine if the proposed conservatee objects to the proposed conservator or prefers another person to act as conservator.
(7)Determine if the proposed conservatee wishes to be represented by legal counsel and, if so, whether the proposed conservatee has retained legal counsel and, if not, the name of an attorney the proposed conservatee wishes to retain.
(8)(A)Determine if the proposed conservatee is incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and may be disqualified from voting pursuant to Section 2208 of the Elections Code.
(B)The proposed conservatee shall not be disqualified from voting on the basis that he or she does, or would need to do, any of the following to complete an affidavit of voter registration:
(i)Signs the affidavit of voter registration with a mark or a cross pursuant to subdivision (b) of Section 2150 of the Elections Code.
(ii)Signs the affidavit of voter registration by means of a signature stamp pursuant to Section 354.5 of the Elections Code.
(iii)Completes the affidavit of voter registration with the assistance of another person pursuant to subdivision (d) of Section 2150 of the Elections Code.
(iv)Completes the affidavit of voter registration with reasonable accommodations.
(9)If the proposed conservatee has not retained legal counsel, determine if the proposed conservatee desires the court to appoint legal counsel.
(10)Determine if the appointment of legal counsel would be helpful to the resolution of the matter or is necessary to protect the interests of the proposed conservatee in a case where the proposed conservatee does not plan to retain legal counsel and has not requested the appointment of legal counsel by the court.
(11)Report to the court in writing, at least five days before the hearing, concerning all of the foregoing, including the proposed conservatees express communications concerning both of the following:
(A)Representation by legal counsel.
(B)If the proposed conservatee is not willing to attend the hearing, does not wish to contest the establishment of the conservatorship, and does not object to the proposed conservator or prefers that another person act as conservator.
(12)Deliver pursuant to Section 1215, at least five days before the hearing, a copy of the report referred to in paragraph (11) to all of the following:
(A)The attorney, if any, for the petitioner.
(B)The attorney, if any, for the proposed conservatee.
(C)The proposed conservatee.
(D)The spouse, registered domestic partner, and relatives within the first degree of the proposed conservatee who are required to be named in the petition for appointment of the conservator, unless the court determines that the delivery will harm the conservatee.
(E)Any other persons as the court orders.
(b)The court investigator has discretion to release the report required by this section to the public conservator, interested public agencies, and the long-term care ombudsman. ombudsperson.
(c)The report required by this section is confidential and shall be made available only to parties, persons described in paragraph (12) of subdivision (a), persons given notice of the petition who have requested this report or who have appeared in the proceedings, their attorneys, and the court. The court has discretion at any other time to release the report, if it would serve the interests of the conservatee. The clerk of the court shall provide for the limitation of the report exclusively to persons entitled to its receipt.
(d)This section does not apply to a proposed conservatee who has personally executed the petition for conservatorship, or a proposed conservatee who has nominated his or her own conservator, if he or she attends the hearing.
(e)If the court investigator has performed an investigation within the preceding six months and furnished a report thereon to the court, the court may order, upon good cause shown, that another investigation is not necessary or that a more limited investigation may be performed.
(f)An investigation by the court investigator related to a temporary conservatorship also may be a part of the investigation for the general petition for conservatorship, but the court investigator shall make a second visit to the proposed conservatee and the report required by this section shall include the effect of the temporary conservatorship on the proposed conservatee.
(g)The Judicial Council shall, on or before January 1, 2009, adopt rules of court and Judicial Council forms as necessary to implement an expedited procedure to authorize, by court order, a proposed conservatees health care provider to disclose confidential medical information about the proposed conservatee to a court investigator pursuant to federal medical information privacy regulations promulgated under the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191).
(h)A superior court shall not be required to perform any duties imposed pursuant to the amendments to this section enacted by Chapter 493 of the Statutes of 2006 until the Legislature makes an appropriation identified for this purpose.
SEC. 36.Section 1827.5 of the Probate Code is amended to read:1827.5.(a)In the case of any proceeding to establish a limited conservatorship for a person with developmental disabilities, within 30 days after the filing of a petition for limited conservatorship, a proposed limited conservatee, with his or her consent, shall be assessed at a regional center as provided in Chapter 5 (commencing with Section 4620) of Division 4.5 of the Welfare and Institutions Code. The regional center shall submit a written report of its findings and recommendations to the court.
(b)In the case of any proceeding to establish a general conservatorship for a person with developmental disabilities, the regional center, with the consent of the proposed conservatee, may prepare an assessment as provided in Chapter 5 (commencing with Section 4620) of Division 4.5 of the Welfare and Institutions Code. If an assessment is prepared, the regional center shall submit its findings and recommendations to the court.
(c)(1)A report prepared under subdivision (a) or (b) shall include a description of the specific areas, nature, and degree of disability of the proposed conservatee or proposed limited conservatee. The findings and recommendations of the regional center are not binding upon the court.
(2)In a proceeding where the petitioner is a provider of board and care, treatment, habilitation, or other services to persons with developmental disabilities or a spouse or employee of a provider, is not the natural parent of the proposed conservatee or proposed limited conservatee, and is not a public entity, the regional center shall include a recommendation in its report concerning the suitability of the petitioners to meet the needs of the proposed conservatee or proposed limited conservatee.
(d)At least five days before the hearing on the petition, the regional center shall deliver pursuant to Section 1215 a copy of the report described in subdivision (a) to all of the following:
(1)The proposed limited conservatee.
(2)The attorney, if any, for the proposed limited conservatee.
(3)If the petitioner is not the proposed limited conservatee, the attorney for the petitioner or the petitioner if the petitioner does not have an attorney.
(4)Any other persons as the court orders.
(e)The report referred to in subdivisions (a) and (b) shall be confidential and shall be made available only to parties listed in subdivision (d) unless the court, in its discretion, determines that the release of the report would serve the interests of the conservatee who is developmentally disabled. The clerk of the court shall limit disclosure of the report exclusively to persons entitled under this section.
SEC. 37.Section 1830 of the Probate Code is amended to read:1830.(a)The order appointing the conservator shall contain, among other things, the names, addresses, and telephone numbers of:
(1)The conservator.
(2)The conservatees attorney, if any.
(3)The court investigator, if any.
(b)In the case of a limited conservator for a developmentally disabled adult, any order the court issues shall include the findings of the court specified in Section 1828.5. The order shall specify the powers granted to and duties imposed upon the limited conservator, which powers and duties shall not exceed the powers and duties applicable to a conservator under this code. The order shall also specify all of the following:
(1)The properties of the limited conservatee to which the limited conservator is entitled to possession and management, giving a description of the properties that will be sufficient to identify them.
(2)The debts, rentals, wages, or other claims due to the limited conservatee which the limited conservator is entitled to collect, or file suit with respect to, if necessary, and thereafter to possess and manage.
(3)The contractual or other obligations which the limited conservator may incur on behalf of the limited conservatee.
(4)The claims against the limited conservatee which the limited conservator may pay, compromise, or defend, if necessary.
(5)Any other powers, limitations, or duties with respect to the care of the limited conservatee or the management of the property specified in this subdivision by the limited conservator which the court shall specifically and expressly grant.
(c)An information notice of the rights of conservatees shall be attached to the order. The conservator shall deliver pursuant to Section 1215 the order and the attached information notice to the conservatee and the conservatees relatives, as set forth in subdivision (b) of Section 1821, within 30 days of the issuance of the order. By January 1, 2008, the Judicial Council shall develop the notice required by this subdivision.
SEC. 38.Section 1842 of the Probate Code is amended to read:1842.In addition to the persons and entities to whom notice of hearing is required under Section 1822 or 2002, if the proposed conservatee is an absentee, a copy of the petition and notice of the time and place of the hearing shall be delivered pursuant to Section 1215 at least 15 days before the hearing to the secretary concerned or to the head of the United States department or agency concerned, as the case may be. In that case, notice shall also be published pursuant to Section 6061 of the Government Code in a newspaper of general circulation in the county in which the hearing will be held.
SEC. 39.Section 1847 of the Probate Code is amended to read:1847.In addition to the persons and entities to whom notice of hearing is required under Section 1822 or 2002, if the proposed conservatee is a person who is missing and whose whereabouts is unknown:
(a)A copy of the petition for appointment of a conservator and notice of the time and place of the hearing on the petition shall be delivered pursuant to Section 1215 at least 15 days before the hearing to the proposed conservatee at the last known address of the proposed conservatee.
(b)Notice of the time and place of the hearing shall also be published pursuant to Section 6061 of the Government Code in a newspaper of general circulation in the county in which the proposed conservatee was last known to reside if the proposed conservatees last known address is in this state.
(c)Pursuant to Section 1202, the court may require that further or additional notice of the hearing be given.
SEC. 40.Section 1851 of the Probate Code is amended to read:1851.(a)(1)If court review is required pursuant to Section 1850, the court investigator shall, without prior notice to the conservator except as ordered by the court for necessity or to prevent harm to the conservatee, visit the conservatee. The court investigator shall inform the conservatee personally that the conservatee is under a conservatorship and shall give the name of the conservator to the conservatee. The court investigator shall determine all of the following:
(A)If the conservatee wishes to petition the court for termination of the conservatorship.
(B)If the conservatee is still in need of the conservatorship.
(C)If the conservator is acting in the best interests of the conservatee. In determining if the conservator is acting in the best interests of the conservatee, the court investigators evaluation shall include an examination of the conservatees placement, the quality of care, including physical and mental treatment, and the conservatees finances. To the extent practicable, the investigator shall review the accounting with a conservatee who has sufficient capacity. To the greatest extent possible, the court investigator shall interview individuals set forth in paragraph (1) of subdivision (a) of Section 1826, in order to determine if the conservator is acting in the best interests of the conservatee.
(D)(i)If the conservatee is incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process and may be disqualified from voting pursuant to Section 2208 or 2209 of the Elections Code.
(ii)The conservatee shall not be disqualified from voting on the basis that he or she does, or would need to do, any of the following to complete an affidavit of voter registration:
(I)Signs the affidavit of voter registration with a mark or a cross pursuant to subdivision (b) of Section 2150 of the Elections Code.
(II)Signs the affidavit of voter registration by means of a signature stamp pursuant to Section 354.5 of the Elections Code.
(III)Completes the affidavit of voter registration with the assistance of another person pursuant to subdivision (d) of Section 2150 of the Elections Code.
(IV)Completes the affidavit of voter registration with reasonable accommodations.
(2)If the court has made an order under Chapter 4 (commencing with Section 1870), the court investigator shall determine if the present condition of the conservatee is such that the terms of the order should be modified or the order revoked.
(3)Upon request of the court investigator, the conservator shall make available to the court investigator during the investigation for inspection and copying all books and records, including receipts and any expenditures, of the conservatorship.
(b)(1)The findings of the court investigator, including the facts upon which the findings are based, shall be certified in writing to the court not less than 15 days before the date of review. A copy of the report shall be delivered pursuant to Section 1215 to the conservator and to the attorneys of record for the conservator and conservatee at the same time it is certified to the court. A copy of the report, modified as set forth in paragraph (2), also shall be delivered pursuant to Section 1215 to the conservatees spouse or registered domestic partner, the conservatees relatives in the first degree, and and, if there are no such relatives, to the next closest relative, unless the court determines that the delivery will harm the conservatee.
(2)Confidential medical information and confidential information from the California Law Enforcement Telecommunications System shall be in a separate attachment to the report and shall not be provided in copies sent to the conservatees spouse or registered domestic partner, the conservatees relatives in the first degree, and and, if there are no such relatives, to the next closest relative.
(c)In the case of a limited conservatee, the court investigator shall recommend continuing or terminating the limited conservatorship.
(d)The court investigator may personally visit the conservator and other persons as may be necessary to determine if the conservator is acting in the best interests of the conservatee.
(e)The report required by this section shall be confidential and shall be made available only to parties, persons described in subdivision (b), persons given notice of the petition who have requested the report or who have appeared in the proceeding, their attorneys, and the court. The court shall have discretion at any other time to release the report if it would serve the interests of the conservatee. The clerk of the court shall limit disclosure of the report exclusively to persons entitled to the report under this section.
(f)A superior court is not required to perform any duties imposed pursuant to the amendments to this section enacted by Chapter 493 of the Statutes of 2006 until the Legislature makes an appropriation identified for this purpose.
SEC. 41.Section 2214 of the Probate Code is amended to read:2214.Notice of the hearing shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1. In addition, the petitioner shall deliver pursuant to Section 1215 a notice of the time and place of the hearing and a copy of the petition to all persons required to be listed in the petition at least 15 days before the date set for the hearing.
SEC. 42.Section 2250 of the Probate Code is amended to read:2250.(a)On or after the filing of a petition for appointment of a guardian or conservator, any person entitled to petition for appointment of the guardian or conservator may file a petition for appointment of:
(1)A temporary guardian of the person or estate, or both.
(2)A temporary conservator of the person or estate, or both.
(b)The petition shall state facts that establish good cause for appointment of the temporary guardian or temporary conservator. The court, upon that petition or other showing as it may require, may appoint a temporary guardian of the person or estate, or both, or a temporary conservator of the person or estate, or both, to serve pending the final determination of the court upon the petition for the appointment of the guardian or conservator.
(c)If the petitioner, proposed guardian, or proposed conservator is a professional fiduciary, as described in Section 2340, who is required to be licensed under the Professional Fiduciaries Act (Chapter 6 (commencing with Section 6500) of Division 3 of the Business and Professions Code), the petition for appointment of a temporary guardian or temporary conservator shall include the following:
(1)The petitioners, proposed guardians, or proposed conservators proposed hourly fee schedule or another statement of his or her proposed compensation from the estate of the proposed ward or proposed conservatee for services performed as a guardian or conservator. The petitioners, proposed guardians, or proposed conservators provision of a proposed hourly fee schedule or another statement of his or her proposed compensation, as required by this paragraph, shall not preclude a court from later reducing the petitioners, proposed guardians, or proposed conservators fees or other compensation.
(2)Unless a petition for appointment of a guardian or conservator that contains the statements required by this paragraph is filed together with a petition for appointment of a temporary guardian or temporary conservator, both of the following:
(A)A statement of the petitioners, proposed guardians, or proposed conservators registration or license information.
(B)A statement explaining who engaged the petitioner, proposed guardian, or proposed conservator or how the petitioner, proposed guardian, or proposed conservator was engaged to file the petition for appointment of a temporary guardian or temporary conservator or to agree to accept the appointment as temporary guardian or temporary conservator and what prior relationship the petitioner, proposed guardian, or proposed conservator had with the proposed ward or proposed conservatee or the proposed wards or proposed conservatees family or friends.
(d)If the petition is filed by a party other than the proposed conservatee, the petition shall include a declaration of due diligence showing both of the following:
(1)Either the efforts to find the proposed conservatees relatives named in the petition for appointment of a general conservator or why it was not feasible to contact any of them.
(2)Either the preferences of the proposed conservatee concerning the appointment of a temporary conservator and the appointment of the proposed temporary conservator or why it was not feasible to ascertain those preferences.
(e)Unless the court for good cause otherwise orders, at least five court days before the hearing on the petition, notice of the hearing shall be given as follows:
(1)Notice of the hearing shall be personally delivered to the proposed ward if he or she is 12 years of age or older, to the parent or parents of the proposed ward, and to any person having a valid visitation order with the proposed ward that was effective at the time of the filing of the petition. Notice of the hearing shall not be delivered to the proposed ward if he or she is under 12 years of age. In a proceeding for temporary guardianship of the person, evidence that a custodial parent has died or become incapacitated, and that the petitioner or proposed guardian is the nominee of the custodial parent, may constitute good cause for the court to order that this notice not be delivered.
(2)Notice of the hearing shall be personally delivered to the proposed conservatee, and notice of the hearing shall be delivered pursuant to Section 1215 on the persons required to be named in the petition for appointment of conservator. If the petition states that the petitioner and the proposed conservator have no prior relationship with the proposed conservatee and has have not been nominated by a family member, friend, or other person with a relationship to the proposed conservatee, notice of hearing shall be delivered pursuant to Section 1215 on the public guardian of the county in which the petition is filed.
(3)A copy of the petition for temporary appointment shall be delivered pursuant to Section 1215 with the notice of hearing.
(f)If a temporary guardianship is granted ex parte and the hearing on the general guardianship petition is not to be held within 30 days of the granting of the temporary guardianship, the court shall set a hearing within 30 days to reconsider the temporary guardianship. Notice of the hearing for reconsideration of the temporary guardianship shall be provided pursuant to Section 1511, except that the court may for good cause shorten the time for the notice of the hearing.
(g)Visitation orders with the proposed ward granted before the filing of a petition for temporary guardianship shall remain in effect, unless for good cause the court orders otherwise.
(h)(1)If a temporary conservatorship is granted ex parte, and a petition to terminate the temporary conservatorship is filed more than 15 days before the first hearing on the general petition for appointment of conservator, the court shall set a hearing within 15 days of the filing of the petition for termination of the temporary conservatorship to reconsider the temporary conservatorship. Unless the court otherwise orders, notice of the hearing on the petition to terminate the temporary conservatorship shall be given at least 10 days before the hearing.
(2)If a petition to terminate the temporary conservatorship is filed within 15 days before the first hearing on the general petition for appointment of conservator, the court shall set the hearing at the same time that the hearing on the general petition is set. Unless the court otherwise orders, notice of the hearing on the petition to terminate the temporary conservatorship pursuant to this section shall be given at least five court days before the hearing.
(i)If the court suspends powers of the guardian or conservator under Section 2334 or 2654 or under any other provision of this division, the court may appoint a temporary guardian or conservator to exercise those powers until the powers are restored to the guardian or conservator or a new guardian or conservator is appointed.
(j)If for any reason a vacancy occurs in the office of guardian or conservator, the court, on a petition filed under subdivision (a) or on its own motion, may appoint a temporary guardian or conservator to exercise the powers of the guardian or conservator until a new guardian or conservator is appointed.
(k)On or before January 1, 2008, the Judicial Council shall adopt a rule of court that establishes uniform standards for good cause exceptions to the notice required by subdivision (e), limiting those exceptions to only cases when waiver of the notice is essential to protect the proposed conservatee or ward, or the estate of the proposed conservatee or ward, from substantial harm.
(l)A superior court shall not be required to perform any duties imposed pursuant to the amendments to this section enacted by Chapter 493 of the Statutes 2006 until the Legislature makes an appropriation identified for this purpose.
SEC. 43.Section 2352 of the Probate Code is amended to read:2352.(a)The guardian may establish the residence of the ward at any place within this state without the permission of the court. The guardian shall select the least restrictive appropriate residence that is available and necessary to meet the needs of the ward, and that is in the best interests of the ward.
(b)The conservator may establish the residence of the conservatee at any place within this state without the permission of the court. The conservator shall select the least restrictive appropriate residence, as described in Section 2352.5, that is available and necessary to meet the needs of the conservatee, and that is in the best interests of the conservatee.
(c)If permission of the court is first obtained, a guardian or conservator may establish the residence of a ward or conservatee at a place not within this state. Notice of the hearing on the petition to establish the residence of the ward or conservatee out of state, together with a copy of the petition, shall be given in the manner required by subdivision (a) of Section 1460 to all persons entitled to notice under subdivision (b) of Section 1511 or subdivision (b) of Section 1822.
(d)(1)An order under subdivision (c) relating to a ward shall require the guardian either to return the ward to this state, or to cause a guardianship proceeding or its equivalent to be commenced in the place of the new residence, when the ward has resided in the place of new residence for a period of four months or a longer or shorter period specified in the order.
(2)An order under subdivision (c) relating to a conservatee shall require the conservator to do one of the following when the conservatee has resided in the other state for a period of four months or a longer or shorter period specified in the order:
(A)Return the conservatee to this state.
(B)Petition for transfer of the conservatorship to the other state under Article 3 (commencing with Section 2001) of Chapter 8 of Part 3 and corresponding law of the other state.
(C)Cause a conservatorship proceeding or its equivalent to be commenced in the other state.
(e)(1)The guardian or conservator shall file a notice of change of residence with the court within 30 days of the date of the change. The guardian or conservator shall include in the notice of change of residence a declaration stating that the wards or conservatees change of residence is consistent with the standard described in subdivision (b).
(2)The guardian or conservator shall deliver pursuant to Section 1215 a copy of the notice to all persons entitled to notice under subdivision (b) of Section 1511 or subdivision (b) of Section 1822 and shall file proof of delivery of the notice with the court. The court may, for good cause, waive the delivery requirement pursuant to this paragraph in order to prevent harm to the conservatee or ward.
(3)If the guardian or conservator proposes to remove the ward or conservatee from his or her personal residence, except as provided by subdivision (c), the guardian or conservator shall deliver pursuant to Section 1215 a notice of his or her intention to change the residence of the ward or conservatee to all persons entitled to notice under subdivision (b) of Section 1511 and subdivision (b) of Section 1822. In the absence of an emergency, that notice shall be delivered at least 15 days before the proposed removal of the ward or conservatee from his or her personal residence. If the notice is delivered less than 15 days before the proposed removal of the ward or conservatee, the guardian or conservator shall set forth the basis for the emergency in the notice. The guardian or conservator shall file proof of delivery of that notice with the court.
(f)This section does not apply where the court has made an order under Section 2351 pursuant to which the conservatee retains the right to establish his or her own residence.
(g)As used in this section, guardian or conservator includes a proposed guardian or proposed conservator and ward or conservatee includes a proposed ward or proposed conservatee.
(h)This section does not apply to a person with developmental disabilities for whom the Director of Developmental Services or a regional center, established pursuant to Chapter 5 (commencing with Section 4620) of Division 4.5 of the Welfare and Institutions Code, acts as the conservator.
SEC. 44.Section 2357 of the Probate Code is amended to read:2357.(a)As used in this section:
(1)Guardian or conservator includes a temporary guardian of the person or a temporary conservator of the person.
(2)Ward or conservatee includes a person for whom a temporary guardian of the person or temporary conservator of the person has been appointed.
(b)If the ward or conservatee requires medical treatment for an existing or continuing medical condition which is not authorized to be performed upon the ward or conservatee under Section 2252, 2353, 2354, or 2355, and the ward or conservatee is unable to give an informed consent to this medical treatment, the guardian or conservator may petition the court under this section for an order authorizing the medical treatment and authorizing the guardian or conservator to consent on behalf of the ward or conservatee to the medical treatment.
(c)The petition shall state, or set forth by medical affidavit attached thereto, all of the following so far as is known to the petitioner at the time the petition is filed:
(1)The nature of the medical condition of the ward or conservatee which requires treatment.
(2)The recommended course of medical treatment which is considered to be medically appropriate.
(3)The threat to the health of the ward or conservatee if authorization to consent to the recommended course of treatment is delayed or denied by the court.
(4)The predictable or probable outcome of the recommended course of treatment.
(5)The medically available alternatives, if any, to the course of treatment recommended.
(6)The efforts made to obtain an informed consent from the ward or conservatee.
(7)The name and addresses, so far as they are known to the petitioner, of the persons specified in subdivision (c) of Section 1510 in a guardianship proceeding or subdivision (b) of Section 1821 in a conservatorship proceeding.
(d)Upon the filing of the petition, unless an attorney is already appointed the court shall appoint the public defender or private counsel under Section 1471, to consult with and represent the ward or conservatee at the hearing on the petition and, if that appointment is made, Section 1472 applies.
(e)Notice of the petition shall be given as follows:
(1)Not less than 15 days before the hearing, notice of the time and place of the hearing, and a copy of the petition shall be personally served on the ward, if 12 years of age or older, or the conservatee, and on the attorney for the ward or conservatee.
(2)Not less than 15 days before the hearing, notice of the time and place of the hearing, and a copy of the petition shall be delivered pursuant to Section 1215 to the following persons:
(A)The spouse or domestic partner, if any, of the proposed conservatee at the address stated in the petition.
(B)The relatives named in the petition at their addresses stated in the petition.
(f)For good cause, the court may shorten or waive notice of the hearing as provided by this section. In determining the period of notice to be required, the court shall take into account both of the following:
(1)The existing medical facts and circumstances set forth in the petition or in a medical affidavit attached to the petition or in a medical affidavit presented to the court.
(2)The desirability, where the condition of the ward or conservatee permits, of giving adequate notice to all interested persons.
(g)Notwithstanding subdivisions (e) and (f), the matter may be submitted for the determination of the court upon proper and sufficient medical affidavits or declarations if the attorney for the petitioner and the attorney for the ward or conservatee so stipulate and further stipulate that there remains no issue of fact to be determined.
(h)The court may make an order authorizing the recommended course of medical treatment of the ward or conservatee and authorizing the guardian or conservator to consent on behalf of the ward or conservatee to the recommended course of medical treatment for the ward or conservatee if the court determines from the evidence all of the following:
(1)The existing or continuing medical condition of the ward or conservatee requires the recommended course of medical treatment.
(2)If untreated, there is a probability that the condition will become life-endangering or result in a serious threat to the physical or mental health of the ward or conservatee.
(3)The ward or conservatee is unable to give an informed consent to the recommended course of treatment.
(i)Upon petition of the ward or conservatee or other interested person, the court may order that the guardian or conservator obtain or consent to, or obtain and consent to, specified medical treatment to be performed upon the ward or conservatee. Notice of the hearing on the petition under this subdivision shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1.
SEC. 45.Section 2361 of the Probate Code is amended to read:2361.A conservator shall provide notice of a conservatees death by delivering pursuant to Section 1215 a copy of the notice to all persons entitled to notice under Section 1460 and by filing a proof of delivery with the court, unless otherwise ordered by the court.
SEC. 46.Section 2610 of the Probate Code is amended to read:2610.(a)Within 90 days after appointment, or within any further time as the court for reasonable cause upon ex parte petition of the guardian or conservator may allow, the guardian or conservator shall file with the clerk of the court and deliver pursuant to Section 1215 to the conservatee and to the attorneys of record for the ward or conservatee, along with notice of how to file an objection, an inventory and appraisal of the estate, made as of the date of the appointment of the guardian or conservator. A copy of this inventory and appraisal, along with notice of how to file an objection, also shall be delivered to the conservatees spouse or registered domestic partner, the conservatees relatives in the first degree, and, if there are no such relatives, to the next closest relative, unless the court determines that the delivery will result in harm to the conservatee.
(b)The guardian or conservator shall take and subscribe to an oath that the inventory contains a true statement of all of the estate of the ward or conservatee of which the guardian or conservator has possession or knowledge. The oath shall be endorsed upon or annexed to the inventory.
(c)The property described in the inventory shall be appraised in the manner provided for the inventory and appraisal of estates of decedents. The guardian or conservator may appraise the assets that a personal representative could appraise under Section 8901.
(d)If a conservatorship is initiated pursuant to the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code), and no sale of the estate will occur:
(1)The inventory and appraisal required by subdivision (a) shall be filed within 90 days after appointment of the conservator.
(2)The property described in the inventory may be appraised by the conservator and need not be appraised by a probate referee.
(e)By January 1, 2008, the Judicial Council shall develop a form to effectuate the notice required in subdivision (a).
SEC. 47.Section 2611 of the Probate Code is amended to read:2611.If the ward or conservatee is or has been during the guardianship or conservatorship a patient in a state hospital under the jurisdiction of the State Department of State Hospitals or the State Department of Developmental Services, the guardian or conservator shall deliver pursuant to Section 1215 a copy of the inventory and appraisal filed under Section 2610 to the director of the appropriate department at the directors office in Sacramento not later than 15 days after the inventory and appraisal is filed with the court. Compliance with this section is not required if an unrevoked certificate described in subdivision (c) of Section 1461 is on file with the court with respect to the ward or conservatee.
SEC. 48.Section 2612 of the Probate Code is amended to read:2612.If a timely request is made, the clerk of court shall deliver pursuant to Section 1215 a copy of the inventory and appraisal filed under Section 2610 to the county assessor.
SEC. 49.Section 2614 of the Probate Code is amended to read:2614.(a)Within 30 days after the inventory and appraisal is filed, the guardian or conservator or any creditor or other interested person may file written objections to any or all appraisals. The clerk shall set the objections for hearing not less than 15 days after their filing.
(b)Notice of the hearing, together with a copy of the objections, shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1. If the appraisal was made by a probate referee, the person objecting shall also deliver pursuant to Section 1215 notice of the hearing and a copy of the objection to the probate referee at least 15 days before the time set for the hearing.
(c)The court shall determine the objections and may fix the true value of any asset to which objection has been filed. For the purpose of this subdivision, the court may cause an independent appraisal or appraisals to be made by at least one additional appraiser at the expense of the estate or, if the objecting party is not the guardian or conservator and the objection is rejected by the court, the court may assess the cost of any additional appraisal or appraisals against the objecting party.
SEC. 50.Section 2683 of the Probate Code is amended to read:2683.(a)At least 15 days before the hearing on the petition for appointment of a successor conservator, notice of the time and place of the hearing shall be given as provided in this section. The notice shall be accompanied by a copy of the petition.
(b)Notice shall be delivered pursuant to Section 1215 to the persons designated in Section 1460 and to the relatives named in the petition.
(c)If notice is required by Section 1461 to be given to the Director of State Hospitals or the Director of Developmental Services, notice shall be delivered pursuant to Section 1215 as required.
(d)If notice is required by Section 1461.5 to be given to the Veterans Administration, notice shall be delivered pursuant to Section 1215 as required.
SEC. 51.Section 2684 of the Probate Code is amended to read:2684.Unless the petition states that the conservatee will be present at the hearing, the court investigator shall do all of the following:
(a)Interview the conservatee personally.
(b)Inform the conservatee of the nature of the proceeding to appoint a successor conservator, the name of the person proposed as successor conservator, and the conservatees right to appear personally at the hearing, to object to the person proposed as successor conservator, to nominate a person to be appointed as successor conservator, to be represented by legal counsel if the conservatee so chooses, and to have legal counsel appointed by the court if unable to retain legal counsel.
(c)Determine whether the conservatee objects to the person proposed as successor conservator or prefers another person to be appointed.
(d)If the conservatee is not represented by legal counsel, determine whether the conservatee wishes to be represented by legal counsel and, if so, determine the name of an attorney the conservatee wishes to retain or whether the conservatee desires the court to appoint legal counsel.
(e)Determine whether the appointment of legal counsel would be helpful to the resolution of the matter or is necessary to protect the interests of the conservatee in any case where the conservatee does not plan to retain legal counsel and has not requested the appointment of legal counsel by the court.
(f)Report to the court in writing, at least five days before the hearing, concerning all of the foregoing, including the conservatees express communications concerning representation by legal counsel and whether the conservatee objects to the person proposed as successor conservator or prefers that some other person be appointed.
(g)Deliver pursuant to Section 1215, at least five days before the hearing, a copy of the report referred to in subdivision (f) to all of the following:
(1)The attorney, if any, for the petitioner.
(2)The attorney, if any, for the conservatee.
(3)Any other persons as the court orders.
SEC. 52.Section 2700 of the Probate Code is amended to read:2700.(a)At any time after the issuance of letters of guardianship or conservatorship, the ward, if over 14 years of age or the conservatee, the spouse of the ward or the spouse or domestic partner of the conservatee, any relative or creditor of the ward or conservatee, or any other interested person, in person or by attorney, may file with the court clerk a written request for special notice.
(b)The request for special notice shall be so entitled and shall set forth the name of the person and the address to which notices shall be delivered pursuant to Section 1215.
(c)Special notice may be requested of any one or more of the following matters:
(1)Petitions filed in the guardianship or conservatorship proceeding.
(2)Inventories and appraisals of property in the estate, including any supplemental inventories and appraisals.
(3)Accounts of the guardian or conservator.
(4)Proceedings for the final termination of the guardianship or conservatorship proceeding.
(d)Special notice may be requested of:
(1)Any one or more of the matters in subdivision (c) by describing the matter or matters.
(2)All the matters in subdivision (c) by referring generally to the matters described in subdivision (c) of Section 2700 of the Probate Code or by using words of similar meaning.
(e)A copy of the request shall be delivered pursuant to Section 1215 to the guardian or conservator or to the attorney for the guardian or conservator. If personally delivered, the request is effective when it is delivered. If mailed or electronically delivered, the request is effective when it is received.
(f)If the original of the request is filed with the court clerk, it shall be accompanied by a written admission or proof of service.
SEC. 53.Section 2702 of the Probate Code is amended to read:2702.(a) Unless the court makes an order dispensing with the notice, if a request has been made pursuant to this chapter for special notice of a hearing, the person filing the petition, account, or other paper shall give written notice pursuant to Section 1215 of the filing, together with a copy of the petition, account, or other paper, and the time and place set for the hearing, to the person named in the request at the address set forth in the request, at least 15 days before the time set for the hearing.
(b)If a request has been made pursuant to this chapter for special notice of the filing of an inventory and appraisal of the estate or of the filing of any other paper that does not require a hearing, the inventory and appraisal or other paper shall be delivered pursuant to Section 1215 not later than 15 days after the inventory and appraisal or other paper is filed with the court.
SEC. 54.Section 2804 of the Probate Code is amended to read:2804.At least 30 days before the hearing, the petitioner shall deliver pursuant to Section 1215 a notice of the time and place of the hearing and a copy of the petition to each person required to be listed in the petition at the address stated in the petition.
SEC. 55.Section 2808 of the Probate Code is amended to read:2808.(a)If the courts order provides for the transfer of all of the property of the estate to the foreign guardian or conservator, the court, upon settlement of the final account, shall order the guardianship of the estate or the conservatorship of the estate terminated upon the filing with the clerk of the court of a receipt for the property executed by the foreign guardian or conservator.
(b)Unless notice is waived, a copy of the final account of the guardian or conservator and of the petition for discharge, together with a notice of the hearing, shall be delivered pursuant to Section 1215 at least 30 days before the date of the hearing to all persons required to be listed in the petition for transfer, including the foreign guardian or conservator.
SEC. 56.Section 3088 of the Probate Code is amended to read:3088.(a)The court may order the spouse who has the management or control of community property to apply the income or principal, or both, of the community property to the support and maintenance of the conservatee, including care, treatment, and support of a conservatee who is a patient in a state hospital under the jurisdiction of the State Department of State Hospitals or the State Department of Developmental Services, as ordered by the court.
(b)In determining the amount ordered for support and maintenance, the court shall consider the following circumstances of the spouses:
(1)The earning capacity and needs of each spouse.
(2)The obligations and assets, including the separate property, of each spouse.
(3)The duration of the marriage.
(4)The age and health of the spouses.
(5)The standard of living of the spouses.
(6)Any other relevant factors which it considers just and equitable.
(c)At the request of any interested person, the court shall make appropriate findings with respect to the circumstances.
(d)The court may order the spouse who has the management or control of community property to make a specified monthly or other periodic payment to the conservator of the person of the conservatee or to any other person designated in the order. The court may order the spouse required to make the periodic payments to give reasonable security therefor.
(e)(1)The court may order the spouse required to make the periodic payments to assign, to the person designated in the order to receive the payments, that portion of the earnings of the spouse due or to be due in the future as will be sufficient to pay the amount ordered by the court for the support and maintenance of the conservatee. The order operates as an assignment and is binding upon any existing or future employer upon whom a copy of the order is served. The order shall be in the form of an earnings assignment order for support prescribed by the Judicial Council for use in family law proceedings. The employer may deduct the sum of one dollar and fifty cents ($1.50) for each payment made pursuant to the order. Any such assignment made pursuant to court order shall have priority as against any execution or other assignment unless otherwise ordered by the court or unless the other assignment is made pursuant to Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the Family Code. An employer shall not use any assignment authorized by this subdivision as grounds for the dismissal of that employee.
(2)As used in this subdivision, employer includes the United States government and any public entity as defined in Section 811.2 of the Government Code. This subdivision applies to the money and benefits described in Sections 704.110 and 704.113 of the Code of Civil Procedure to the extent that those moneys and benefits are subject to a wage assignment for support under Chapter 4 (commencing with Section 703.010) of Division 2 of Title 9 of Part 2 of the Code of Civil Procedure.
(f)The court retains jurisdiction to modify or to vacate an order made under this section where justice requires, except as to any amount that may have accrued before the date of the filing of the petition to modify or revoke the order. At the request of any interested person, the order of modification or revocation shall include findings of fact and may be made retroactive to the date of the filing of the petition to revoke or modify, or to any date subsequent thereto. At least 15 days before the hearing on the petition to modify or vacate the order, the petitioner shall deliver pursuant to Section 1215 a notice of the time and place of the hearing on the petition, accompanied by a copy of the petition, to the spouse who has the management or control of the community property. Notice shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1 to any other persons entitled to notice of the hearing under that chapter.
(g)In a proceeding for dissolution of the marriage or for legal separation, the court has jurisdiction to modify or vacate an order made under this section to the same extent as it may modify or vacate an order made in the proceeding for dissolution of the marriage or for legal separation.
SEC. 57.Section 3131 of the Probate Code is amended to read:3131.(a)At least 15 days before the hearing on the petition, the petitioner shall cause a notice of the time and place of the hearing and a copy of the petition to be served upon any nonpetitioning spouse not alleged to lack legal capacity for the proposed transaction.
(b)Service under subdivision (a) shall be made in the manner provided in Section 415.10 or 415.30 of the Code of Civil Procedure or in such other manner as may be authorized by the court. If the person to be served is outside this state, service may also be made in the manner provided in Section 415.40 of the Code of Civil Procedure.
(c)At least 15 days before the hearing on the petition, the petitioner shall deliver pursuant to Section 1215 a notice of the time and place of the hearing on the petition to those persons required to be named in the petition at the addresses set forth in the petition.
SEC. 58.Section 3206 of the Probate Code is amended to read:3206.(a)Not less than 15 days before the hearing, notice of the time and place of the hearing and a copy of the petition shall be personally served on the patient, the patients attorney, and the agent under the patients power of attorney for health care, if any.
(b)Not less than 15 days before the hearing, notice of the time and place of the hearing and a copy of the petition shall be delivered pursuant to Section 1215 to the following persons:
(1)The patients spouse, if any, at the address stated in the petition.
(2)The patients relatives named in the petition at their addresses stated in the petition.
(c)For good cause, the court may shorten or waive notice of the hearing as provided by this section. In determining the period of notice to be required, the court shall take into account both of the following:
(1)The existing medical facts and circumstances set forth in the petition or in a medical declaration attached to the petition or in a medical declaration presented to the court.
(2)The desirability, where the condition of the patient permits, of giving adequate notice to all interested persons.
SEC. 59.Section 3602 of the Probate Code is amended to read:3602.(a)If there is no guardianship of the estate of the minor or conservatorship of the estate of the person with a disability, the remaining balance of the money and other property, after payment of all expenses, costs, and fees as approved and allowed by the court under Section 3601, shall be paid, delivered, deposited, or invested as provided in Article 2 (commencing with Section 3610).
(b)Except as provided in subdivisions (c) and (d), if there is a guardianship of the estate of the minor or conservatorship of the estate of the person with a disability, the remaining balance of the money and other property, after payment of all expenses, costs, and fees as approved and allowed by the court under Section 3601, shall be paid or delivered to the guardian or conservator of the estate. Upon application of the guardian or conservator, the court making the order or giving the judgment referred to in Section 3600 or the court in which the guardianship or conservatorship proceeding is pending may, with or without notice, make an order that all or part of the money paid or to be paid to the guardian or conservator under this subdivision be deposited or invested as provided in Section 2456.
(c)Upon ex parte petition of the guardian or conservator or upon petition of any person interested in the guardianship or conservatorship estate, the court making the order or giving the judgment referred to in Section 3600 may for good cause shown order one or more of the following:
(1)That all or part of the remaining balance of money not become a part of the guardianship or conservatorship estate and instead be deposited in an insured account in a financial institution in this state, or in a single-premium deferred annuity, subject to withdrawal only upon authorization of the court.
(2)If there is a guardianship of the estate of the minor, that all or part of the remaining balance of money and other property not become a part of the guardianship estate and instead be transferred to a custodian for the benefit of the minor under the California Uniform Transfers to Minors Act, Part 9 (commencing with Section 3900).
(3)That all or part of the remaining balance of money and other property not become a part of the guardianship estate and, instead, be transferred to the trustee of a trust which is either created by, or approved of, in the order or judgment described in Section 3600. This trust shall be revocable by the minor upon attaining 18 years of age, and shall contain other terms and conditions, including, but not limited to, terms and conditions concerning trustees accounts and trustees bond, as the court determines to be necessary to protect the minors interests.
(d)Upon petition of the guardian, conservator, or any person interested in the guardianship or conservatorship estate, the court making the order or giving the judgment referred to in Section 3600 may order that all or part of the remaining balance of money not become a part of the guardianship or conservatorship estate and instead be paid to a special needs trust established under Section 3604 for the benefit of the minor or person with a disability.
(e)If the petition is by a person other than the guardian or conservator, notice of hearing on a petition under subdivision (c) shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1.
(f)Notice of the time and place of hearing on a petition under subdivision (d), and a copy of the petition, shall be delivered pursuant to Section 1215 to the State Director of Health Care Services, the Director of State Hospitals, and the Director of Developmental Services at the office of each director in Sacramento at least 15 days before the hearing.
SEC. 60.Section 3704 of the Probate Code is amended to read:3704.(a)Notice of the nature of the proceedings and the time and place of the hearing shall be given by the petitioner at least 15 days before the hearing date by all of the following means:
(1)By delivery pursuant to Section 1215, together with a copy of the petition, to all persons comprising the family of the absentee.
(2)By delivery by a method that would be sufficient for service of summons in a civil action, together with a copy of the petition, to the secretary concerned or to the head of the United States department or agency concerned.
(3)By publication pursuant to Section 6061 of the Government Code in a newspaper of general circulation in the county in which the proceedings will be held.
(b)If notice to an officer or agency of this state or of the United States is required under Section 1461 or 1822 upon petition for appointment of a conservator, notice shall be given of the petition under this chapter.
SEC. 61.Section 3801 of the Probate Code is amended to read:3801.(a)The petition shall be made upon 15 days notice, by delivery pursuant to Section 1215, to all of the following persons:
(1)The personal representative or other person in whose possession the property may be.
(2)Persons in this state, known to the petitioner, who are obligated to pay a debt, perform an obligation, or issue a security to the nonresident or the estate of the nonresident.
(b)The petition shall be made upon additional notice, if any, as the court may order.
SEC. 62.Section 3918 of the Probate Code is amended to read:3918.(a)A person nominated under Section 3903 or designated under Section 3909 as custodian may decline to serve by delivering a valid disclaimer under Part 8 (commencing with Section 260) of Division 2 to the person who made the nomination or to the transferor or the transferors legal representative. If the event giving rise to a transfer has not occurred and no substitute custodian able, willing, and eligible to serve was nominated under Section 3903, the person who made the nomination may nominate a substitute custodian under Section 3903; otherwise the transferor or the transferors legal representative shall designate a substitute custodian at the time of the transfer, in either case from among the persons eligible to serve as custodian for that kind of property under subdivision (a) of Section 3909. The custodian so designated has the rights of a successor custodian.
(b)A custodian at any time may designate a trust company or an adult other than a transferor under Section 3904 as successor custodian by executing and dating an instrument of designation before a subscribing witness other than the successor. If the instrument of designation does not contain or is not accompanied by the resignation of the custodian, the designation of the successor does not take effect until the custodian resigns, dies, becomes incapacitated, or is removed. The transferor may designate one or more persons as successor custodians to serve, in the designated order of priority, in case the custodian originally designated or a prior successor custodian is unable, declines, or is ineligible to serve or resigns, dies, becomes incapacitated, or is removed. The designation either (1) shall be made in the same transaction and by the same document by which the transfer is made or (2) shall be made by executing and dating a separate instrument of designation before a subscribing witness other than a successor as a part of the same transaction and contemporaneously with the execution of the document by which the transfer is made. The designation is made by setting forth the successor custodians name, followed in substance by the words: is designated [first, second, etc., where applicable] successor custodian. A successor custodian designated by the transferor may be a trust company or an adult other than a transferor under Section 3904. A successor custodian effectively designated by the transferor has priority over a successor custodian designated by a custodian.
(c)A custodian may resign at any time by delivering written notice to the minor if the minor has attained the age of 14 years and to the successor custodian and by delivering the custodial property to the successor custodian.
(d)If the transferor has not effectively designated a successor custodian, and a custodian is ineligible, dies, or becomes incapacitated without having effectively designated a successor and the minor has attained the age of 14 years, the minor may designate as successor custodian, in the manner prescribed in subdivision (b), an adult member of the minors family, a conservator of the minor, or a trust company. If the minor has not attained the age of 14 years or fails to act within 60 days after the ineligibility, death, or incapacity, the conservator of the minor becomes successor custodian. If the minor has no conservator or the conservator declines to act, the transferor, the legal representative of the transferor or of the custodian, an adult member of the minors family, or any other interested person may petition the court to designate a successor custodian.
(e)A custodian who declines to serve under subdivision (a) or resigns under subdivision (c), or the legal representative of a deceased or incapacitated custodian, as soon as practicable, shall put the custodial property and records in the possession and control of the successor custodian. The successor custodian by action may enforce the obligation to deliver custodial property and records and becomes responsible for each item as received.
(f)A transferor, the legal representative of a transferor, an adult member of the minors family, a guardian of the person of the minor, the conservator of the minor, or the minor if the minor has attained the age of 14 years, may petition the court to remove the custodian for cause and to designate a successor custodian other than a transferor under Section 3904 or to require the custodian to give appropriate bond.
(g)At least 15 days before the hearing on a petition under subdivision (d) or (f), the petitioner shall deliver notice pursuant to Section 1215 to each of the following persons:
(1)The minor.
(2)The parent or parents of the minor.
(3)The transferor.
(h)Upon consideration of the petition under subdivision (d) or (f), the court may grant the relief that the court finds to be in the best interests of the minor.
SEC. 63.Section 8100 of the Probate Code is amended to read:8100.The notice of hearing of a petition for administration of a decedents estate, whether delivered under Article 2 (commencing with Section 8110) or published under Article 3 (commencing with Section 8120), shall state substantially as follows:
NOTICE OF PETITION TO ADMINISTER |
To all heirs, beneficiaries, creditors, and contingent creditors of _________ and persons who may be otherwise interested in the will or estate, or both: A petition has been filed by _________ in the Superior Court of California, County of _________, requesting that _________ be appointed as personal representative to administer the estate of _________ [and for probate of the decedents will, which is available for examination in the court file]. [The petition requests authority to administer the estate under the Independent Administration of Estates Act. This will avoid the need to obtain court approval for many actions taken in connection with the estate. However, before taking certain actions, the personal representative will be required to give notice to interested persons unless they have waived notice or have consented to the proposed action. The petition will be granted unless good cause is shown why it should not be.] |
The petition is set for hearing in Dept. No. |
at(Address) on (Date of hearing)at(Time of hearing) . |
IF YOU OBJECT to the granting of the petition, you should appear at the hearing and state your objections or file written objections with the court before the hearing. Your appearance may be in person or by your attorney.
IF YOU ARE A CREDITOR or a contingent creditor of the deceased, you must file your claim with the court and mail a copy to the personal representative appointed by the court within the later of either (1) four months from the date of first issuance of letters to a general personal representative, as defined in subdivision (b) of Section 58 of the California Probate Code, or (2) 60 days from the date of delivery of the notice to you under Section 9052 of the California Probate Code.
YOU MAY EXAMINE the file kept by the court. If you are interested in the estate, you may request special notice of the filing of an inventory and appraisal of estate assets or of any petition or account as provided in Section 1250 of the California Probate Code.
(Name and address of petitioner or petitioners attorney) |
At least 15 days before the hearing of a petition for administration of a decedents estate, the petitioner shall deliver notice of the hearing pursuant to Section 1215 on all of the following persons:
(a)Each heir of the decedent, so far as known to or reasonably ascertainable by the petitioner.
(b)Each devisee, executor, and alternative executor named in any will being offered for probate, regardless of whether the devise or appointment is purportedly revoked in a subsequent instrument.
SEC. 65.Section 8111 of the Probate Code is amended to read:8111.If the decedents will involves or may involve a testamentary trust of property for charitable purposes other than a charitable trust with a designated trustee resident in this state, or involves or may involve a devise for charitable purposes without an identified devisee, notice of hearing accompanied by a copy of the petition and of the will shall be delivered pursuant to Section 1215 to the Attorney General as provided in Section 1209.
SEC. 66.Section 8200 of the Probate Code is amended to read:8200.(a)Unless a petition for probate of the will is earlier filed, the custodian of a will shall, within 30 days after having knowledge of the death of the testator, do both of the following:
(1)Deliver the will, personally or by registered or certified mail, to the clerk of the superior court of the county in which the estate of the decedent may be administered.
(2)Deliver a copy of the will pursuant to Section 1215 to the person named in the will as executor, if the persons whereabouts is known to the custodian, or if not, to a person named in the will as a beneficiary, if the persons whereabouts is known to the custodian.
(b)A custodian of a will who fails to comply with the requirements of this section shall be liable for all damages sustained by any person injured by the failure.
(c)The clerk shall release a copy of a will delivered under this section for attachment to a petition for probate of the will or otherwise on receipt of payment of the required fee and either a court order for production of the will or a certified copy of a death certificate of the decedent.
(d)The fee for delivering a will to the clerk of the superior court pursuant to paragraph (1) of subdivision (a) shall be as provided in Section 70626 of the Government Code. If an estate is commenced for the decedent named in the will, the fee for any will delivered pursuant to paragraph (1) of subdivision (a) shall be reimbursable from the estate as an expense of administration.
SEC. 67.Section 8203 of the Probate Code is amended to read:8203.If a will has been delivered to the clerk of the superior court in a county in which no proceeding is pending to administer the testators estate, that court may order the will transferred to the clerk of the superior court in a county in which such a proceeding is pending. A petition for the transfer may be presented and heard without notice, but shall not be granted without proof that a copy of the petition has been delivered pursuant to Section 1215 to the petitioner and any persons who have requested special notice in the proceeding in the court to which the will is to be transferred. The petition and order shall include the case number of the proceeding in the court to which transfer is prayed. Certified copies of the petition, any supporting documents, and the order shall be transmitted by the clerk along with the original will, and these copies shall be filed in the proceeding by the clerk of the recipient court.
SEC. 68.Section 8469 of the Probate Code is amended to read:8469.(a)For good cause, the court may allow the priority given by Section 8461 to a conservator or guardian of the estate of the decedent serving in that capacity at the time of death that has not filed a first account, or that is acting as guardian or conservator for another person, or both.
(b)If the petition for appointment as administrator requests the court to allow the priority permitted by subdivision (a), the petitioner shall, in addition to the notice otherwise required by statute, deliver notice of the hearing pursuant to Section 1215 to the public administrator.
SEC. 69.Section 8522 of the Probate Code is amended to read:8522.(a)If a vacancy occurs in the office of a personal representative and there are no other personal representatives, the court shall appoint a successor personal representative.
(b)Appointment of a successor personal representative shall be made on petition and notice shall be delivered to interested persons in the manner provided in Article 2 (commencing with Section 8110) of Chapter 2, and shall be subject to the same priority as for an original appointment of a personal representative. The personal representative of a deceased personal representative is not, as such, entitled to appointment as successor personal representative.
SEC. 70.Section 8803 of the Probate Code is amended to read:8803.On the filing of an inventory and appraisal or a supplemental inventory and appraisal, the personal representative shall, pursuant to Section 1252, deliver a copy to each person who has requested special notice.
SEC. 71.Section 8903 of the Probate Code is amended to read:8903.(a)The court may, for good cause, waive appraisal by a probate referee in the manner provided in this section.
(b)The personal representative may apply for a waiver together with the petition for appointment of the personal representative or together with another petition, or may apply for a waiver in a separate petition filed in the administration proceedings, but the application shall not be made later than the time the personal representative delivers the inventory to the probate referee, if a probate referee has been designated. A copy of the proposed inventory and appraisal and a statement that sets forth the good cause that justifies the waiver shall be attached to the petition.
(c)The hearing on the waiver shall be not sooner than 15 days after the petition is filed. Notice of the hearing on the petition, together with a copy of the petition and a copy of the proposed inventory and appraisal, shall be given as provided in Sections 1215 and 1220 to all of the following persons:
(1)Each person listed in Section 1220.
(2)Each known heir whose interest in the estate would be affected by the waiver.
(3)Each known devisee whose interest in the estate would be affected by the waiver.
(4)The Attorney General, at the office of the Attorney General in Sacramento, if any portion of the estate is to escheat to the state and its interest in the estate would be affected by the waiver.
(5)The probate referee, if a probate referee has been designated.
(d)A probate referee to whom notice is given under this section may oppose the waiver. If the opposition fails and the court determines the opposition was made without substantial justification, the court shall award litigation expenses, including reasonable attorneys fees, against the probate referee. If the opposition succeeds, the court may designate a different probate referee to appraise property in the estate.
(e)If the petition is granted, the inventory and appraisal attached to the petition shall be filed pursuant to Section 8800.
SEC. 72.Section 8906 of the Probate Code is amended to read:8906.(a)At any time before the hearing on the petition for final distribution of the estate, the personal representative or an interested person may file with the court a written objection to the appraisal.
(b)The clerk shall fix a time, not less than 15 days after the filing, for a hearing on the objection.
(c)The person objecting shall give notice of the hearing, together with a copy of the objection, as provided in Section 1220. If the appraisal was made by a probate referee, the person objecting shall also deliver notice of the hearing and a copy of the objection to the probate referee at least 15 days before the date set for the hearing.
(d)The person objecting to the appraisal has the burden of proof.
(e)Upon completion of the hearing, the court may make any orders that appear appropriate. If the court determines the objection was filed without reasonable cause or good faith, the court may order that the fees of the personal representative and attorney and any costs incurred for defending the appraisal be made a charge against the person filing the objection.
SEC. 73.Section 8924 of the Probate Code is amended to read:8924.(a)The court shall remove the designated probate referee in any of the following circumstances:
(1)The personal representative shows cause, including incompetence or undue delay in making the appraisal, that in the opinion of the court warrants removal of the probate referee. The showing shall be made at a hearing on petition of the personal representative. The personal representative shall deliver pursuant to Section 1215 notice of the hearing on the petition to the probate referee at least 15 days before the date set for the hearing.
(2)The personal representative has the right to remove the first probate referee who is designated by the court. Cause need not be shown for removal under this paragraph. The personal representative may exercise the right at any time before the personal representative delivers the inventory to the probate referee. The personal representative shall exercise the right by filing an affidavit or declaration under penalty of perjury with the court and delivering a copy to the probate referee pursuant to Section 1215. Thereupon, the court shall remove the probate referee without any further act or proof.
(3)Any other cause provided by statute.
(b)Upon removal of the probate referee, the court shall designate another probate referee in the manner prescribed in Section 8920.
SEC. 74.Section 9052 of the Probate Code is amended to read:9052.The notice shall be in substantially the following form:
NOTICE OF ADMINISTRATION OF | |
Notice to creditors: Administration of the estate of _________ (deceased) has been commenced by _________ (personal representative) in Estate No. _________ in the Superior Court of California, County of _________. You must file your claim with the court and deliver a copy pursuant to Section 1215 of the California Probate Code to the personal representative within the last to occur of four months after _________ (the date letters were first issued to a general personal representative, as defined in subdivision (b) of Section 58 of the California Probate Code), or 60 days after the date this notice was mailed to you or, in the case of personal delivery, 60 days after the date this notice was delivered to you,, you, or you must petition to file a late claim as provided in Section 9103 of the California Probate Code. Failure to file a claim with the court and serve a copy of the claim on the personal representative will, in most instances, invalidate your claim. A claim form may be obtained from the court clerk. For your protection, you are encouraged to file your claim by certified mail, with return receipt requested. | |
(Date of mailing this notice) | (Name and address of personal |
A claim form adopted by the Judicial Council shall inform the creditor that the claim must be filed with the court and a copy delivered pursuant to Section 1215 to the personal representative. The claim form shall include a proof of delivery of a copy of the claim to the personal representative, which may be completed by the creditor.
SEC. 76.Section 9732 of the Probate Code is amended to read:9732.(a)The court may order that money of the estate in possession of the personal representative be invested in any manner provided by the will if all of the following conditions are satisfied:
(1)The time for filing claims has expired.
(2)All debts, as defined in Section 11401, have been paid or are sufficiently secured by mortgage or otherwise, or there is sufficient cash in the estate aside from the money to be invested to pay all the debts, or the court is otherwise satisfied that all the debts will be paid.
(3)The estate is not in a condition to be finally distributed.
(b)To obtain an order under this section, the personal representative or any interested person shall file a petition showing the general condition of the estate and the types of investments that are proposed to be made.
(c)Notice of the hearing on the petition shall be delivered as provided in Section 1220. In addition, the petitioner shall cause notice of the hearing and a copy of the petition to be delivered pursuant to Section 1215 to all known devisees of property which is proposed to be invested. Where the property proposed to be invested is devised to a trust or trustee, notice of the hearing and a copy of the petition shall be delivered pursuant to Section 1215 to the trustee or, if the trustee has not yet accepted the trust, to the person named in the will as trustee. Delivery pursuant to this subdivision shall be to the persons last known address as provided in Section 1220.
(d)If no objection has been filed by an interested person, the court may make an order authorizing or directing the personal representative to invest such portion of the money of the estate as the court deems advisable in the types of investments proposed in the petition and authorized by the will. If there is no objection by an interested person and no substantial reason why some or all of the investment powers given by the will should not be exercised, the court shall make the order. The order may be for a limited period or until the administration of the estate is completed. Upon petition of the personal representative or any interested person, the order may be renewed, modified, or terminated at any time.
SEC. 77.Section 9762 of the Probate Code is amended to read:9762.(a)After authorization by order of court upon a showing that it would be to the advantage of the estate and in the best interest of the interested persons, the personal representative may continue as a general or a limited partner in any partnership in which the decedent was a general partner at the time of death. In its order, the court may specify any terms and conditions of the personal representatives participation as a partner that the court determines are to the advantage of the estate and in the best interest of the interested persons, but any terms and conditions that are inconsistent with the terms of any written partnership agreement are subject to the written consent of all of the surviving partners.
(b)If there is a written partnership agreement permitting the decedents personal representative to participate as a partner, the personal representative has all the rights, powers, duties, and obligations provided in the written partnership agreement, except as otherwise ordered by the court pursuant to subdivision (a).
(c)If there is not a written partnership agreement, the personal representative has the rights, powers, duties, and obligations that the court specifies in its order pursuant to subdivision (a).
(d)To obtain an order under this section, the personal representative or any interested person shall file a petition showing that the order requested would be to the advantage of the estate and in the best interest of the interested persons. Notice of the hearing on the petition shall be given as provided in Section 1220. In addition, unless the court otherwise orders, the petitioner, not less than 15 days before the hearing, shall cause notice of hearing and a copy of the petition to be delivered pursuant to Section 1215 to each of the surviving general partners at his or her last known address.
SEC. 78.Section 9783 of the Probate Code is amended to read:9783.A person described in Section 9782 may personally deliver or mail a written objection to the disposition or abandonment to the personal representative on or before the date specified in the notice as the date on or after which the property will be disposed of or abandoned. Subject to Section 9788, after receipt of the written objection, the personal representative shall not dispose of or abandon the property without authorization by order of the court obtained under Section 9611.
SEC. 79.Section 9787 of the Probate Code is amended to read:9787.(a)Except as provided in subdivision (b), a person described in Section 9782 who receives notice of the proposed disposition or abandonment as provided in Section 9782, waives the right to have the court later review the disposition or abandonment of the property unless the person does one of the following:
(1)Personally delivers or mails a written objection as provided in Section 9783.
(2)Serves a restraining order obtained under Section 9784 before whichever of the following is the later time:
(A)The date specified in the notice of proposed disposition or abandonment as the date on or after which the property will be disposed of or abandoned.
(B)The date the property has actually been disposed of or abandoned.
(b)Subject to Section 9785, the court may review the disposition or abandonment of the property upon the motion of a person described in subdivision (a) of Section 9782 who establishes that he or she did not actually receive notice of the proposed disposition or abandonment before the time to object expired.
SEC. 80.Section 10585 of the Probate Code is amended to read:10585.(a)The notice of proposed action shall state all of the following:
(1)The name, mailing address, and electronic address of the personal representative.
(2)The name, telephone number, and electronic address of a person who may be contacted for additional information.
(3)The action proposed to be taken, with a reasonably specific description of the action. If the proposed action involves the sale or exchange of real property, or the granting of an option to purchase real property, the notice of proposed action shall state the material terms of the transaction, including, if applicable, the sale price and the amount of, or method of calculating, any commission or compensation paid or to be paid to an agent or broker in connection with the transaction.
(4)The date on or after which the proposed action is to be taken.
(b)The notice of proposed action may be given using the most current Notice of Proposed Action form prescribed by the Judicial Council.
(c)If the most current form prescribed by the Judicial Council is not used to give notice of proposed action, the notice of proposed action shall satisfy all of the following requirements:
(1)The notice of proposed action shall be in substantially the same form as the form prescribed by the Judicial Council.
(2)The notice of proposed action shall contain the statements described in subdivision (a).
(3)The notice of proposed action shall contain a form for objecting to the proposed action in substantially the form set out in the Judicial Council form.
SEC. 81.Section 10586 of the Probate Code is amended to read:10586.The notice of proposed action shall be delivered pursuant to Section 1215 to each person required to be given notice of proposed action not less than 15 days before the date specified in the notice of proposed action on or after which the proposed action is to be taken. If mailed, the notice of proposed action shall be addressed to the person at the persons last known address.
SEC. 82.Section 10587 of the Probate Code is amended to read:10587.(a)Any person entitled to notice of proposed action under Section 10581 may object to the proposed action as provided in this section.
(b)The objection to the proposed action is made by delivering pursuant to Section 1215 a written objection to the proposed action to the personal representative at the address stated in the notice of proposed action. The person objecting to the proposed action either may use the Judicial Council form or may make the objection in any other writing that identifies the proposed action with reasonable certainty and indicates that the person objects to the taking of the proposed action.
(c)The personal representative is deemed to have notice of the objection to the proposed action if it is delivered or received at the address stated in the notice of proposed action before whichever of the following times is the later:
(1)The date specified in the notice of proposed action on or after which the proposed action is to be taken.
(2)The date the proposed action is actually taken.
SEC. 83.Section 11601 of the Probate Code is amended to read:11601.Notice of the hearing on the petition shall be given as provided in Section 1220 to all of the following persons:
(a)Each person listed in Section 1220.
(b)Each known heir whose interest in the estate would be affected by the petition.
(c)Each known devisee whose interest in the estate would be affected by the petition.
(d)The Attorney General, at the office of the Attorney General in Sacramento, if any portion of the estate is to escheat to the state and its interest in the estate would be affected by the petition.
(e)The Controller, if property is to be distributed to the state because there is no known beneficiary or if property is to be distributed to a beneficiary whose whereabouts is unknown. A copy of the latest account filed with the court shall be delivered to the Controller with the notice.
SEC. 84.Section 13200 of the Probate Code is amended to read:13200.(a)No sooner than six months from the death of a decedent, a person or persons claiming as successor of the decedent to a particular item of property that is real property may file in the superior court in the county in which the decedent was domiciled at the time of death, or if the decedent was not domiciled in this state at the time of death, then in any county in which real property of the decedent is located, an affidavit in the form prescribed by the Judicial Council pursuant to Section 1001 stating all of the following:
(1)The name of the decedent.
(2)The date and place of the decedents death.
(3)A legal description of the real property and the interest of the decedent therein.
(4)The name and address of each person serving as guardian or conservator of the estate of the decedent at the time of the decedents death, so far as known to the affiant.
(5)The gross value of all real property in the decedents estate located in California, as shown by the inventory and appraisal attached to this affidavit, excluding the real property described in Section 13050 of the California Probate Code, does not exceed fifty thousand dollars ($50,000).
(6)At least six months have elapsed since the death of the decedent as shown in a certified copy of decedents death certificate attached to this affidavit.
(7)Either of the following, as appropriate:
(A)No proceeding is now being or has been conducted in California for administration of the decedents estate.
(B)The decedents personal representative has consented in writing to use of the procedure provided by this chapter.
(8)Funeral expenses, expenses of last illness, and all unsecured debts of the decedent have been paid.
(9)The affiant is the successor of the decedent (as defined in Section 13006 of the Probate Code) and to the decedents interest in the described property, and no other person has a superior right to the interest of the decedent in the described property.
(10)The affiant declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
(b)For each person executing the affidavit, the affidavit shall contain a notary publics certificate of acknowledgment identifying the person.
(c)There shall be attached to the affidavit an inventory and appraisal of the decedents real property in this state, excluding the real property described in Section 13050. The inventory and appraisal of the real property shall be made as provided in Part 3 (commencing with Section 8800) of Division 7. The appraisal shall be made by a probate referee selected by the affiant from those probate referees appointed by the Controller under Section 400 to appraise property in the county where the real property is located.
(d)If the affiant claims under the decedents will and no estate proceeding is pending or has been conducted in California, a copy of the will shall be attached to the affidavit.
(e)A certified copy of the decedents death certificate shall be attached to the affidavit. If the decedents personal representative has consented to the use of the procedure provided by this chapter, a copy of the consent and of the personal representatives letters shall be attached to the affidavit.
(f)The affiant shall deliver pursuant to Section 1215 a copy of the affidavit and attachments to any person identified in paragraph (4) of subdivision (a).
SEC. 85.Section 13655 of the Probate Code is amended to read:13655.(a)If proceedings for the administration of the estate of the deceased spouse are pending at the time a petition is filed under this chapter, or if the proceedings are not pending and if the petition filed under this chapter is not filed with a petition for probate of the deceased spouses will or for administration of the estate of the deceased spouse, notice of the hearing on the petition filed under this chapter shall be given as provided in Section 1220 to all of the following persons:
(1)Each person listed in Section 1220 and each person named as executor in any will of the deceased spouse.
(2)All devisees and known heirs of the deceased spouse and, if the petitioner is the trustee of a trust that is a devisee under the will of the decedent, all persons interested in the trust, as determined in cases of future interests pursuant to paragraph (1), (2), or (3) of subdivision (a) of Section 15804.
(b)The notice specified in subdivision (a) shall also be delivered as provided in subdivision (a) to the Attorney General, addressed to the office of the Attorney General at Sacramento, if the petitioner bases the allegation that all or part of the estate of the deceased spouse is property passing to the surviving spouse upon the will of the deceased spouse and the will involves or may involve either of the following:
(1)A testamentary trust of property for charitable purposes other than a charitable trust with a designated trustee, resident in this state.
(2)A devise for a charitable purpose without an identified devisee or beneficiary.
SEC. 86.Section 15686 of the Probate Code is amended to read:15686.(a)As used in this section, trustees fee includes, but is not limited to, the trustees periodic base fee, rate of percentage compensation, minimum fee, hourly rate, and transaction charge, but does not include fees for extraordinary services.
(b)A trustee shall not charge an increased trustees fee for administration of a particular trust unless the trustee first gives at least 60 days written notice of that increased fee to all of the following persons:
(1)Each beneficiary who is entitled to an account under Section 16062.
(2)Each beneficiary who was given the last preceding account.
(3)Each beneficiary who has made a written request to the trustee for notice of an increased trustees fee and has given an address for receiving notice.
(c)If a beneficiary files a petition under Section 17200 for review of the increased trustees fee or for removal of the trustee and serves a copy of the petition on the trustee before the expiration of the 60-day period, the increased trustees fee does not take effect as to that trust until otherwise ordered by the court or the petition is dismissed.
SEC. 87.Section 16061.7 of the Probate Code is amended to read:16061.7.(a)A trustee shall serve a notification by the trustee as described in this section in the following events:
(1)When a revocable trust or any portion thereof becomes irrevocable because of the death of one or more of the settlors of the trust, or because, by the express terms of the trust, the trust becomes irrevocable within one year of the death of a settlor because of a contingency related to the death of one or more of the settlors of the trust.
(2)Whenever there is a change of trustee of an irrevocable trust.
(3)Whenever a power of appointment retained by a settlor is effective or lapses upon death of the settlor with respect to an inter vivos trust which was, or was purported to be, irrevocable upon its creation. This paragraph shall not apply to a charitable remainder trust. For purposes of this paragraph, charitable remainder trust means a charitable remainder annuity trust or charitable remainder unitrust as defined in Section 664(d) of the Internal Revenue Code.
(4)The duty to serve the notification by the trustee pursuant to this subdivision is the duty of the continuing or successor trustee, and any one cotrustee may serve the notification.
(b)The notification by the trustee required by subdivision (a) shall be served on each of the following:
(1)Each beneficiary of the irrevocable trust or irrevocable portion of the trust, subject to the limitations of Section 15804.
(2)Each heir of the deceased settlor, if the event that requires notification is the death of a settlor or irrevocability within one year of the death of the settlor of the trust by the express terms of the trust because of a contingency related to the death of a settlor.
(3)If the trust is a charitable trust subject to the supervision of the Attorney General, to the Attorney General.
(c)A trustee shall, for purposes of this section, rely upon any final judicial determination of heirship, known to the trustee, but the trustee shall have discretion to make a good faith determination by any reasonable means of the heirs of a deceased settlor in the absence of a final judicial determination of heirship known to the trustee.
(d)The trustee need not provide a copy of the notification by trustee to any beneficiary or heir (1) known to the trustee but who cannot be located by the trustee after reasonable diligence or (2) unknown to the trustee.
(e)The notification by trustee shall be served by any of the methods described in Section 1215 to the last known address.
(f)The notification by trustee shall be served not later than 60 days following the occurrence of the event requiring service of the notification by trustee, or 60 days after the trustee became aware of the existence of a person entitled to receive notification by trustee, if that person was not known to the trustee on the occurrence of the event requiring service of the notification. If there is a vacancy in the office of the trustee on the date of the occurrence of the event requiring service of the notification by trustee, or if that event causes a vacancy, then the 60-day period for service of the notification by trustee commences on the date the new trustee commences to serve as trustee.
(g)The notification by trustee shall contain the following information:
(1)The identity of the settlor or settlors of the trust and the date of execution of the trust instrument.
(2)The name, address, and telephone number of each trustee of the trust.
(3)The address of the physical location where the principal place of administration of the trust is located, pursuant to Section 17002.
(4)Any additional information that may be expressly required by the terms of the trust instrument.
(5)A notification that the recipient is entitled, upon reasonable request to the trustee, to receive from the trustee a true and complete copy of the terms of the trust.
(h)If the notification by the trustee is served because a revocable trust or any portion of it has become irrevocable because of the death of one or more settlors of the trust, or because, by the express terms of the trust, the trust becomes irrevocable within one year of the death of a settlor because of a contingency related to the death of one or more of the settlors of the trust, the notification by the trustee shall also include a warning, set out in a separate paragraph in not less than 10-point boldface type, or a reasonable equivalent thereof, that states as follows:
You may not bring an action to contest the trust more than 120 days from the date this notification by the trustee is served upon you or 60 days from the date on which a copy of the terms of the trust is delivered to you during that 120-day period, whichever is later.
(i)Any waiver by a settlor of the requirement of serving the notification by trustee required by this section is against public policy and shall be void.
(j)A trustee may serve a notification by trustee in the form required by this section on any person in addition to those on whom the notification by trustee is required to be served. A trustee is not liable to any person for serving or for not serving the notice on any person in addition to those on whom the notice is required to be served. A trustee is not required to serve a notification by trustee if the event that otherwise requires service of the notification by trustee occurs before January 1, 1998.
SEC. 88.Section 16061.8 of the Probate Code is amended to read:16061.8.No person upon whom the notification by the trustee is served pursuant to this chapter, whether the notice is served on him or her within or after the time period set forth in subdivision (f) of Section 16061.7, may bring an action to contest the trust more than 120 days from the date the notification by the trustee is served upon him or her, or 60 days from the day date on which a copy of the terms of the trust is delivered pursuant to Section 1215 to him or her during that 120-day period, whichever is later.
SEC. 89.Section 16061.9 of the Probate Code is amended to read:16061.9.(a)A trustee who fails to serve the notification by trustee as required by Section 16061.7 on a beneficiary shall be responsible for all damages, attorneys fees, and costs caused by the failure unless the trustee makes a reasonably diligent effort to comply with that section.
(b)A trustee who fails to serve the notification by trustee as required by Section 16061.7 on an heir who is not a beneficiary and whose identity is known to the trustee shall be responsible for all damages caused to the heir by the failure unless the trustee shows that the trustee made a reasonably diligent effort to comply with that section. For purposes of this subdivision, reasonably diligent effort means that the trustee has delivered notice pursuant to Section 1215 to the heir at the heirs last address actually known to the trustee.
(c)A trustee, in exercising discretion with respect to the timing and nature of distributions of trust assets, may consider the fact that the period in which a beneficiary or heir could bring an action to contest the trust has not expired.
SEC. 90.Section 16336.6 of the Probate Code is amended to read:16336.6.Unless expressly prohibited by the governing instrument, a trustee may reconvert the trust from a unitrust or change the payout percentage of a unitrust.
(a)The trustee may make the reconversion or change in payout percentage without a court order if all of the following conditions are satisfied:
(1)At least three years have elapsed since the most recent conversion to a unitrust.
(2)The trustee determines that reconversion or change in payout percentage would enable the trustee to better comply with the provisions of subdivision (b) of Section 16335.
(3)One of the following notice requirements is satisfied:
(A)In the case of a proposed reconversion, the trustee gives written notice of the trustees intention to convert that complies with the requirements of Chapter 5 (commencing with Section 16500) and no beneficiary objects to the proposed action in a writing delivered pursuant to Section 1215 to the trustee within the period prescribed by subdivision (d) of Section 16502. The trustees notice shall include the information described in paragraphs (3) and (4) of subdivision (c) of Section 16336.4.
(B)In the case of a proposed change in payout percentage, the trustee gives written notice stating the new payout percentage that the trustee proposes to adopt, which notice shall comply with the requirements of Chapter 5 (commencing with Section 16500), and no beneficiary objects to the proposed action in a writing delivered pursuant to Section 1215 to the trustee within the period prescribed by subdivision (d) of Section 16502.
(b)The trustee may make the reconversion or change in payout percentage at any time pursuant to court order provided that: (1) the court determines that reconversion or change in payout percentage will enable the trustee to better comply with the provisions of subdivision (b) of Section 16335, and (2) in the case of a change in payout percentage, the new payout percentage is at least 3 percent and no greater than 5 percent. The court may enter an order pursuant to this subdivision upon the petition of the trustee or any beneficiary.
SEC. 91.Section 16501 of the Probate Code is amended to read:16501.(a)The trustee who elects to provide notice pursuant to this chapter shall deliver notice pursuant to Section 1215 of the proposed action to each of the following:
(1)A beneficiary who is receiving, or is entitled to receive, income under the trust, including a beneficiary who is entitled to receive income at the discretion of the trustee.
(2)A beneficiary who would receive a distribution of principal if the trust were terminated at the time the notice is given.
(b)Notice of proposed action is not required to be given to a person who consents in writing to the proposed action. The consent may be executed at any time before or after the proposed action is taken.
(c)A trustee is not required to provide a copy of the notice of proposed action to a beneficiary who is known to the trustee but who cannot be located by the trustee after reasonable diligence or who is unknown to the trustee.
(d)Notwithstanding any other provision of this chapter, the trustee may not use a notice of proposed action in any of the following actions:
(1)Allowance of the trustees compensation.
(2)Allowance of compensation of the attorney for the trustee.
(3)Settlement of accounts.
(4)Discharge of the trustee.
(5)Sale of property of the trust to the trustee or to the attorney for the trustee.
(6)Exchange of property of the trust for property of the trustee or for property of the attorney for the trustee.
(7)Grant of an option to purchase property of the trust to the trustee or to the attorney for the trustee.
(8)Allowance, payment, or compromise of a claim of the trustee, or the attorney for the trustee, against the trust.
(9)Compromise or settlement of a claim, action, or proceeding by the trust against the trustee or against the attorney for the trust.
(10)Extension, renewal, or modification of the terms of a debt or other obligation of the trustee, or the attorney for the trustee, owing to or in favor of the trust.
SEC. 92.Section 16502 of the Probate Code is amended to read:16502.The notice of proposed action shall state that it is given pursuant to this section and shall include all of the following:
(a)The name, mailing address, and electronic address of the trustee.
(b)The name, telephone number, and electronic address of a person who may be contacted for additional information.
(c)A description of the action proposed to be taken and an explanation of the reasons for the action.
(d)The time within which objections to the proposed action can be made, which shall be at least 45 days from the delivery or receipt of the notice of proposed action.
(e)The date on or after which the proposed action may be taken or is effective.
SEC. 93.Section 16503 of the Probate Code is amended to read:16503.(a)A beneficiary may object to the proposed action by delivering a written objection pursuant to Section 1215 to the trustee at the address stated in the notice of proposed action within the time period specified in the notice of proposed action.
(b)A trustee is not liable to a beneficiary for an action regarding a matter governed by this part if the trustee does not receive a written objection to the proposed action from a beneficiary within the applicable period and the other requirements of this section are satisfied. If no beneficiary entitled to notice objects under this section, the trustee is not liable to any current or future beneficiary with respect to the proposed action. This subdivision does not apply to a person who is a minor or an incompetent adult at the time of receiving the notice of proposed action unless the notice is served on a guardian or conservator of the estate of the person.
(c)If the trustee receives a written objection within the applicable period, either the trustee or a beneficiary may petition the court to have the proposed action taken as proposed, taken with modifications, or denied. In the proceeding, a beneficiary objecting to the proposed action has the burden of proving that the trustees proposed action should not be taken. A beneficiary who has not objected is not estopped from opposing the proposed action in the proceeding.
(d)If the trustee decides not to implement the proposed action, the trustee shall notify the beneficiaries of the decision not to take the action and the reasons for the decision, and the trustees decision not to implement the proposed action does not itself give rise to liability to any current or future beneficiary. A beneficiary may petition the court to have the action taken, and has the burden of proving that it should be taken.
SEC. 94.Section 17203 of the Probate Code is amended to read:17203.(a)At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of hearing to be delivered pursuant to Section 1215 to all of the following persons:
(1)All trustees.
(2)All beneficiaries, subject to Chapter 2 (commencing with Section 15800) of Part 3.
(3)The Attorney General, if the petition relates to a charitable trust subject to the jurisdiction of the Attorney General.
(b)At least 30 days before the time set for hearing on the petition, the petitioner shall cause notice of the hearing and a copy of the petition to be served in the manner provided in Chapter 4 (commencing with Section 413.10) of Title 5 of Part 2 of the Code of Civil Procedure on any person, other than a trustee or beneficiary, whose right, title, or interest would be affected by the petition and who does not receive notice pursuant to subdivision (a). The court may not shorten the time for giving notice under this subdivision.
(c)If a person to whom notice otherwise would be given has been deceased for at least 40 days, and no personal representative has been appointed for the estate of that person, and the deceased persons right, title, or interest has not passed to any other person pursuant to Division 8 (commencing with Section 13000) or otherwise, notice may instead be given to the following persons:
(1)Each heir and devisee of the decedent, and all persons named as executors of the will of the decedent, so far as known to the petitioner.
(2)Each person serving as guardian or conservator of the decedent at the time of the decedents death, so far as known to the petitioner.
SEC. 95.Section 17204 of the Probate Code is amended to read:17204.(a)If proceedings involving a trust are pending, a beneficiary of the trust may, in person or by attorney, file with the court clerk where the proceedings are pending a written request stating that the beneficiary desires special notice of the filing of petitions in the proceeding relating to any or all of the purposes described in Section 17200 and giving an address for receiving notice by mail. A copy of the request shall be delivered pursuant to Section 1215 to the trustee or the trustees attorney. If personally delivered, the request shall be effective when it is delivered. If mailed or electronically delivered, the request shall be effective when it is received. When the original of the request is filed with the court clerk, it shall be accompanied by a written admission or proof of service. A request for special notice may be modified or withdrawn in the same manner as provided for the making of the initial request.
(b)(1)An interested person may request special notice in the same manner as a beneficiary under subdivision (a), for the purpose set forth in paragraph (9) of subdivision (b) of Section 17200. The request for special notice shall be accompanied by a verified statement of the persons interest.
(2)For purposes set forth in paragraphs (2), (4) to (6), inclusive, (8), (12), (16), (20), and (21) of subdivision (b) of Section 17200, an interested person may petition the court for an order for special notice of proceedings involving a trust. The petition shall include a verified statement of the creditors interest and may be served on the trustee or the trustees attorney in a manner described in Section 1215. The petition may be made by ex parte application.
(3)For purposes of this subdivision, an interested person means only a creditor of a trust or, if the trust has become irrevocable upon the death of a trustor, a creditor of the trustor.
(4)This section does not confer standing on an interested person if standing does not otherwise exist.
(c)Except as provided in subdivision (d), after serving and filing a request and proof of service pursuant to subdivision (a) or paragraph (1) of subdivision (b), the beneficiary or the interested person is entitled to notice pursuant to Section 17203. If the petition of an interested person filed pursuant to paragraph (2) of subdivision (b) is granted by the court, the interested person is entitled to notice pursuant to Section 17203.
(d)A request for special notice made by a beneficiary whose right to notice is restricted by Section 15802 is not effective.
SEC. 96.Section 17205 of the Probate Code is amended to read:17205.If a trustee or beneficiary has served and filed either a notice of appearance, in person or by counsel, directed to the petitioner or the petitioners counsel in connection with a particular petition and proceeding or a written request for a copy of the petition, and has given an address to which notice or a copy of the petition may be delivered pursuant to Section 1215, the petitioner shall cause a copy of the petition to be delivered to that person within five days after service of the notice of appearance or receipt of the request.
SEC. 97.Section 17403 of the Probate Code is amended to read:17403.(a)At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of the time and place of the hearing to be delivered pursuant to Section 1215 to each of the persons named in the petition at their respective addresses as stated in the petition.
(b)Any person interested in the trust, as trustee, beneficiary, or otherwise, may appear and file written grounds in opposition to the petition.
SEC. 98.Section 17454 of the Probate Code is amended to read:17454.(a)At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of the time and place of the hearing to be delivered pursuant to Section 1215 to each of the persons named in the petition at their respective addresses as stated in the petition.
(b)Any person interested in the trust, as trustee, beneficiary, or otherwise, may appear and file written grounds in opposition to the petition.
SEC. 99.Section 19011 of the Probate Code is amended to read:19011.(a)The Judicial Council may prescribe the form and contents of the petition, notice, claim form, and allowance or rejection form to be used pursuant to this part. The allowance or rejection form may be part of the claim form.
(b)Any claim form adopted by the Judicial Council shall inform the creditor that the claim must be filed with the court and a copy delivered pursuant to Section 1215 to the trustee. The claim form shall include a proof of delivery of a copy of the claim to the trustee, which may be completed by the claimant.
SEC. 100.Section 19024 of the Probate Code is amended to read:19024.At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of the time and place of the hearing, together with a copy of the petition, to be delivered pursuant to Section 1215 to each of the following persons who is not a petitioner:
(a)All trustees of the trust and of any other trusts to which an allocation of liability may be approved by the court pursuant to the petition.
(b)All beneficiaries affected.
(c)The personal representative of the deceased settlors probate estate, if any is known to the trustee.
(d)The Attorney General, if the petition relates to a charitable trust subject to the jurisdiction of the Attorney General, unless the Attorney General waives notice.
SEC. 101.Section 19040 of the Probate Code is amended to read:19040.(a)Publication of notice pursuant to this section shall be for at least 15 days. Three publications in a newspaper published once a week or more often, with at least five days intervening between the first and last publication dates, not counting the first and last publication dates as part of the five-day period, are sufficient. Notice shall be published in a newspaper of general circulation in the city, county, or city and county in this state where the deceased settlor resided at the time of death, or if none, in the city, county, or city and county in this state wherein trust property was located at the time of the settlors death, or if none, in the city, county, or city and county in this state wherein the principal place of administration of the trust was located at the time of the settlors death. If there is no newspaper of general circulation published in the applicable city, county, or city and county, notice shall be published in a newspaper of general circulation published in this state nearest to the applicable city, county, or city and county seat, and which is circulated within the applicable city, county, or city and county. If there is no such newspaper, notice shall be given in written or printed form, posted at three of the most public places within the community. For purposes of this section, city means a charter city as defined in Section 34101 of the Government Code or a general law city as defined in Section 34102 of the Government Code.
(b)The caption of the notice, the deceased settlors name, and the name of the trustee shall be in at least 8-point type, the text of the notice shall be in at least 7-point type, and the notice shall state substantially as follows:
NOTICE TO CREDITORS | |
# ____________ SUPERIOR COURT OF CALIFORNIA COUNTY OF _________ Notice is hereby given to the creditors and contingent creditors of the above-named decedent, that all persons having claims against the decedent are required to file them with the Superior Court, at _______, and deliver pursuant to Section 1215 of the California Probate Code a copy to _____, as trustee of the trust dated ____ wherein the decedent was the settlor, at _____, within the later of four months after ____ (the date of the first publication of notice to creditors) or, if notice is mailed or personally delivered to you, 60 days after the date this notice is mailed or personally delivered to you. A claim form may be obtained from the court clerk. For your protection, you are encouraged to file your claim by certified mail, with return receipt requested. | |
(name and address of trustee or attorney) |
(c)An affidavit showing due publication of notice shall be filed with the clerk upon completion of the publication. The affidavit shall contain a copy of the notice, and state the date of its first publication.
SEC. 102.Section 19052 of the Probate Code is amended to read:19052.The notice shall be in substantially the following form:
NOTICE TO CREDITORS
OF _____________
# ____________
SUPERIOR COURT OF CALIFORNIA
COUNTY OF _________
Notice is hereby given to the creditors and contingent creditors of the above-named decedent, that all persons having claims against the decedent are required to file them with the Superior Court, at _______, and deliver pursuant to Section 1215 of the California Probate Code a copy to ______, as trustee of the trust dated _____ wherein the decedent was the settlor, at _______, within the later of four months after _____ (the date of the first publication of notice to creditors) or, if notice is mailed or personally delivered to you, 60 days after the date this notice is
mailed or personally delivered to you, or you must petition to file a late claim as provided in Section 19103 of the Probate Code. A claim form may be obtained from the court clerk. For your protection, you are encouraged to file your claim by certified mail, with return receipt requested.
__________________________
(Date of mailing this
notice if applicable)
___________________________
(name and address of
trustee or attorney)
(a)A claim may be filed by the creditor or a person acting on behalf of the claimant.
(b)A claim shall be filed with the court and a copy shall be delivered to the trustee pursuant to Section 1215. Failure to deliver a copy to the trustee does not invalidate a properly filed claim, but any loss that results from the failure shall be borne by the creditor.
SEC. 104.Section 19153 of the Probate Code is amended to read:19153.The Judicial Council may adopt a claim form which shall inform the creditor that the claim must be filed with the court and a copy delivered to the trustee pursuant to Section 1215. Any such claim form shall include a proof of delivery of a copy of the claim to the trustee which may be completed by the creditor.
SEC. 105.Section 19323 of the Probate Code is amended to read:19323.(a)At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of the time and place of the hearing and a copy of the petition to be served on the surviving spouse in the manner provided in Chapter 4 (commencing with Section 413.10) of Title 5 of Part 2 of the Code of Civil Procedure.
(b)At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of the time and place of hearing, together with a copy of the petition, to be delivered pursuant to Section 1215 to each of the following persons who are not petitioners:
(1)All trustees of the trust and of any trusts to which an allocation of liability may be approved by the court pursuant to the petition.
(2)All beneficiaries affected.
(3)The personal representative of the deceased settlors probate estate, if any is known to the trustee.
(4)The Attorney General, if the petition relates to a charitable trust subject to the jurisdiction of the Attorney General, unless the Attorney General waives notice.
SEC. 106.Section 20122 of the Probate Code is amended to read:20122.Not less than 30 days before the hearing, the petitioner shall do both of the following:
(a)Cause notice of the hearing and a copy of the petition to be delivered pursuant to Section 1215 to the personal representative and to each person interested in the estate against whom prorated amounts may be charged pursuant to paragraph (1) of subdivision (a) of Section 20123.
(b)Cause a summons and a copy of the petition to be served on each person interested in the estate who may be directed to make payment of prorated amounts pursuant to paragraph (2) of subdivision (a) of Section 20123. The summons shall be in the form and shall be served in the manner prescribed in Title 5 (commencing with Section 410.10) of Part 2 of the Code of Civil Procedure.
SEC. 107.Section 20222 of the Probate Code is amended to read:20222.Not less than 30 days before the hearing the petitioner shall do both of the following:
(a)Cause notice of the hearing and a copy of the petition to be delivered pursuant to Section 1215 to the trustee and each transferee against whom prorated amounts may be charged pursuant to paragraph (1) of subdivision (a) of Section 20223.
(b)Cause a summons and a copy of the petition to be served on each transferee who may be directed to make payment of prorated amounts pursuant to paragraph (2) of subdivision (a) of Section 20223. The summons shall be in the form and shall be served in the manner prescribed in Title 5 (commencing with Section 410.10) of Part 2 of the Code of Civil Procedure.
SEC. 108.Section 212.5 is added to the Welfare and Institutions Code, to read:212.5.Unless otherwise provided by law, a document in a juvenile court matter may be filed and served electronically as prescribed by Section 1010.6 of the Code of Civil Procedure, under the following conditions:
(a)Electronic service is authorized only if the county and the court permit electronic service.
(b)Electronic service on a party or other person is permitted only if the party or other person has provided express consent to accept service electronically in that specific action by completing the appropriate Judicial Council form. expressly consented, as provided in Section 1010.6 of the Code of Civil Procedure. A party or other person may subsequently withdraw its consent to electronic service by completing the appropriate Judicial Council form.
(c)Consent, or the withdrawal of consent, to receive electronic service may be filed with the court only completed by a party or other person entitled to service, or that persons attorney.
(d)Electronic service shall be provided in the following manner:
(1)Electronic service is not permitted on any party or person who is under 10 years of age.
(2)Electronic service is not permitted on any party or person who is between 10 years of age and 15 years of age without the express consent of the minor and the minors attorney.
(3)Electronic service shall be permitted on any party or person who is 16 to 18 years of age only if the minor, after consultation with his or her attorney, consents. By January 1, 2019, the Judicial Council shall develop a rule of court on the duties of the minors attorney during the required consultation.
(4)Electronic service of psychological or medical documentation related to a minor shall not be permitted. permitted, other than the summary required pursuant to Section 16010 when included as part of a required report to the court.
(e)In the following matters, the party or other person shall be served by both electronic means and by other means specified by law if the document to be served is one of the following:
(1)A notice of hearing or an appellate advisement issued pursuant to subparagraph (A) of paragraph (3) of subdivision (l) of Section 366.26 for a hearing at which a social worker is recommending the termination of parental rights.
(2)A citation issued pursuant to Section 661.
(3)A notice of hearing pursuant to subdivision (d) of Section 777.
(f)If the minor is an Indian child or the court has reason to know that an Indian child is involved, service shall be made pursuant to Section 224.2.
(g)Electronic service and electronic filing shall be conducted in a manner that preserves and ensures the confidentiality of records by encryption.
(h)The requirements of this section shall be consistent with Section 1010.6 of the Code of Civil Procedure and rules of court adopted by the Judicial Council pursuant to that section.
SEC. 109.Section 248 of the Welfare and Institutions Code is amended to read:248.(a)A referee shall hear those cases that are assigned to him or her by the presiding judge of the juvenile court, with the same powers as a judge of the juvenile court, except that a referee shall not conduct any hearing to which the state or federal constitutional prohibitions against double jeopardy apply unless all of the parties thereto stipulate in writing that the referee may act in the capacity of a temporary judge. A referee shall promptly furnish to the presiding judge of the juvenile court and the minor, if the minor is 14 or more years of age or if younger has so requested, and shall serve upon the minors attorney of record and the minors parent or guardian or adult relative and the attorney of record for the minors parent or guardian or adult relative a written copy of his or her findings and order and shall also furnish to the minor, if the minor is 14 or more years of age or if younger has so requested, and to the parent or guardian or adult relative, with the findings and order, a written explanation of the right of those persons to seek review of the order by the juvenile court.
(b)Service, as provided in this section, shall be made as follows:
(1)If a minor, parent, or guardian is present in court at the time the findings and order are made, then the findings and order may be served in court on any minor, parent, or guardian who is present in court on that date and a written explanation of the right to seek review of the order as required pursuant to subdivision (a) shall be furnished at that time.
(2)If paragraph (1) is not applicable, service shall be made by mail or electronic service pursuant to Section 212.5, within the time period specified in Section 248.5, to the last known address of those persons or to the address designated by those persons appearing at the hearing before the referee and the documents served shall include, if applicable, the written explanation of the right to seek review of the order. If the parent or guardian does not have a last known address or electronic service address designated, service shall be to that party in care of his or her counsel.
SEC. 110.Section 248.5 of the Welfare and Institutions Code is amended to read:248.5.All written findings and orders of the court shall be served by the clerk of the court personally, by first-class mail, or by electronic service pursuant to Section 212.5, within three judicial days of their issuance on the petitioner, the minor or the minors counsel, the parent or the parents counsel, and the guardian or the guardians counsel.
SEC. 111.Section 290.1 of the Welfare and Institutions Code, as amended by Section 1 of Chapter 219 of the Statutes of 2015, is amended 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)Notice shall not be served electronically under this section.
(g)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. 112.Section 290.1 of the Welfare and Institutions Code, as added by Section 2 of Chapter 219 of the Statutes of 2015, is repealed.SEC. 113.Section 290.2 of the Welfare and Institutions Code, as amended by Section 309 of Chapter 86 of the Statutes of 2016, 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)Notice is not 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)Notice shall not be served electronically under this section.
(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. 114.Section 290.2 of the Welfare and Institutions Code, as amended by Section 310 of Chapter 86 of the Statutes of 2016, is repealed.SEC. 115.Section 291 of the Welfare and Institutions Code, as amended by Section 60 of Chapter 612 of the Statutes of 2016, 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, nonrelative extended family members, and resource family. 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 before 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 before 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, by first-class mail, or by electronic service pursuant to Section 212.5.
(3)If the child is not detained, the persons required to be noticed shall be noticed by personal service, by first-class mail, or by electronic service pursuant to Section 212.5, unless the person to be served is known to reside outside the county, in which case service shall be by first-class mail or by electronic service pursuant to Section 212.5.
(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. 116.Section 291 of the Welfare and Institutions Code, as amended by Section 61 of Chapter 612 of the Statutes of 2016, is repealed.SEC. 117.Section 292 of the Welfare and Institutions Code, as amended by Section 7 of Chapter 219 of the Statutes of 2015, 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 with return receipt requested, addressed to the last known address of the person to be noticed, or by electronic service pursuant to Section 212.5.
(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. 118.Section 292 of the Welfare and Institutions Code, as added by Section 8 of Chapter 219 of the Statutes of 2015, is repealed.SEC. 119.Section 293 of the Welfare and Institutions Code, as amended by Section 62 of Chapter 612 of the Statutes of 2016, 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, resource family, 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, by personal service, or by electronic service pursuant to Section 212.5.
(f)Notice to the current caregiver of the child, including a foster parent, a relative caregiver, a preadoptive parent, a nonrelative extended family member, a resource family, 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. 120.Section 293 of the Welfare and Institutions Code, as amended by Section 63 of Chapter 612 of the Statutes of 2016, is repealed.SEC. 121.Section 294 of the Welfare and Institutions Code, as amended by Section 64 of Chapter 612 of the Statutes of 2016, 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, nonrelative extended family members, or resource family. 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 service pursuant to Section 212.5, 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, placement with a fit and willing relative, or another planned permanent living arrangement, as appropriate, 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, placement with a fit and willing relative, or another planned permanent living arrangement, as appropriate, for the child. The court shall direct the parent to appear for the proceedings and then direct that the parent be notified thereafter only by first-class mail to the parents usual place of residence or business, or by electronic service pursuant to Section 212.5.
(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 served on the parent named in the notice by first-class mail at the place where the notice was delivered or by electronic service pursuant to Section 212.5.
(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, placement with a fit and willing relative, or another planned permanent living arrangement, as appropriate, service may be made by first-class mail to the parents usual place of residence of or business or by electronic service pursuant to Section 212.5. In the case of an Indian child, if the recommendation of the probation officer or social worker is 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 or by electronic service pursuant to Section 212.5.
(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, placement with a fit and willing relative, or another planned permanent living arrangement, as appropriate, 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 or by electronic service pursuant to Section 212.5.
(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, placement with a fit and willing relative, or another planned permanent living arrangement, as appropriate, no further notice to the parent shall be required.
(h)Notice to all counsel of record shall be by first-class mail or by electronic service pursuant to Section 212.5.
(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)Notice of any hearing at which the county welfare department is recommending the termination of parental rights may only be served electronically if notice is also given by another means of service provided for in this section.
SEC. 122.Section 294 of the Welfare and Institutions Code, as amended by Section 65 of Chapter 612 of the Statutes of 2016, is repealed.SEC. 123.Section 295 of the Welfare and Institutions Code, as amended by Section 66 of Chapter 612 of the Statutes of 2016, 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, resource family, 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 or by electronic service pursuant to Section 212.5. 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 before 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. 124.Section 295 of the Welfare and Institutions Code, as amended by Section 67 of Chapter 612 of the Statutes of 2016, is repealed.SEC. 125.Section 297 of the Welfare and Institutions Code is amended to read:297.(a)A subsequent petition filed pursuant to Section 342 shall be noticed pursuant to Sections 290.1 and 290.2, except that service may be delivered by electronic service pursuant to Section 212.5.
(b)Upon the filing of a supplemental petition pursuant to Section 387, the clerk of the juvenile court shall immediately set the matter for hearing within 30 days of the date of the filing, and the social worker or probation officer shall cause notice thereof to be served upon the persons required by, and in the manner prescribed by, Sections 290.1, 290.2, and 291, except that service may be delivered by electronic service pursuant to Section 212.5.
(c)If a petition for modification has been filed pursuant to Section 388, and it appears that the best interest of the child may be promoted by the proposed change of the order, the recognition of a sibling relationship, or the termination of jurisdiction, the court shall order that a hearing be held and shall give prior notice, or cause prior notice to be given, to the social worker or probation officer and to the childs attorney of record, or if there is no attorney of record for the child, to the child, and his or her parent or parents or legal guardian or guardians in the manner prescribed by Section 291 unless a different manner is prescribed by the court.
(d)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.
(e)On and after January 1, 2012, if a petition for modification has been filed pursuant to subdivision (e) of Section 388 by a nonminor dependent, as described in subdivision (v) of Section 11400, no notice is required for a parent.
SEC. 126.Section 302 of the Welfare and Institutions Code is amended to read:302.(a)A juvenile court may assume jurisdiction over a child described in Section 300 regardless of whether the child was in the physical custody of both parents or was in the sole legal or physical custody of only one parent at the time that the events or conditions occurred that brought the child within the jurisdiction of the court.
(b)Unless their parental rights have been terminated, both parents shall be notified of all proceedings involving the child. In any case where the social worker is required to provide a parent or guardian with notice of a proceeding at which the social worker intends to present a report, the social worker shall also provide both parents, whether custodial or noncustodial, or any guardian, or the counsel for the parent or guardian a copy of the report prior to the hearing, by personal service, by first-class mail, or by electronic service pursuant to Section 212.5. The social worker shall not charge any fee for providing a copy of a report required by this subdivision. The social worker shall keep confidential the address of any parent who is known to be the victim of domestic violence.
(c)When a child is adjudged a dependent of the juvenile court, any issues regarding custodial rights between his or her parents shall be determined solely by the juvenile court, as specified in Sections 304, 361.2, and 362.4, so long as the child remains a dependent of the juvenile court.
(d)Any custody or visitation order issued by the juvenile court at the time the juvenile court terminates its jurisdiction pursuant to Section 362.4 regarding a child who has been previously adjudged to be a dependent child of the juvenile court shall be a final judgment and shall remain in effect after that jurisdiction is terminated. The order shall not be modified in a proceeding or action described in Section 3021 of the Family Code unless the court finds that there has been a significant change of circumstances since the juvenile court issued the order and modification of the order is in the best interests of the child.
SEC. 127.Section 316.1 of the Welfare and Institutions Code, as amended by Section 15 of Chapter 219 of the Statutes of 2015, is amended 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)Upon his or her appearance before the court, each party who consents to electronic service pursuant to Section 212.5 shall designate for the court his or her electronic service address. The court shall advise each party that the electronic service address will be used by the court and the social services agency for purposes of providing notice pursuant to Sections 291, 292, 293, 294, 295, 297, and 342, unless and until the party notifies the court or the social services agency of a new electronic service address in writing or unless the party withdraws consent to electronic service.
SEC. 128.Section 316.1 of the Welfare and Institutions Code, as added by Section 16 of Chapter 219 of the Statutes of 2015, is repealed.SEC. 129.Section 342 of the Welfare and Institutions Code is amended to read:342.(a)In any case in which a minor has been found to be a person described by Section 300 and the petitioner alleges new facts or circumstances, other than those under which the original petition was sustained, sufficient to state that the minor is a person described in Section 300, the petitioner shall file a subsequent petition. This section does not apply if the jurisdiction of the juvenile court has been terminated prior to the new allegations.
(b)Unless otherwise provided by law, all procedures and hearings required for an original petition are applicable to a subsequent petition filed under this section.
SEC. 130.Section 362.4 of the Welfare and Institutions Code is amended to read:362.4.(a)If the juvenile court terminates its jurisdiction over a minor who has been adjudged a dependent child of the juvenile court prior to the minors attainment of the age of 18 years, and proceedings for dissolution of marriage, for nullity of marriage, or for legal separation, of the minors parents, or proceedings to establish the paternity of the minor child brought under the Uniform Parentage Act, Part 3 (commencing with Section 7600) of Division 12 of the Family Code, are pending in the superior court of any county, or an order has been entered with regard to the custody of that minor, the juvenile court on its own motion, may issue a protective order as provided for in Section 213.5 or as defined in Section 6218 of the Family Code, and an order determining the custody of, or visitation with, the child.
(b)Any order issued pursuant to this section shall continue until modified or terminated by a subsequent order of the superior court. The order of the juvenile court shall be filed in the proceeding for nullity, dissolution, or legal separation, or in the proceeding to establish paternity, at the time the juvenile court terminates its jurisdiction over the minor, and shall become a part thereof.
(c)If no action is filed or pending relating to the custody of the minor in the superior court of any county, the juvenile court order may be used as the sole basis for opening a file in the superior court of the county in which the parent, who has been given custody, resides. The court may direct the parent or the clerk of the juvenile court to transmit the order to the clerk of the superior court of the county in which the order is to be filed. The clerk of the superior court shall, immediately upon receipt, open a file, without a filing fee, and assign a case number.
(d)The clerk of the superior court shall, upon the filing of any juvenile court custody order, send a copy of the order with the case number by first-class mail or by electronic means pursuant to Section 212.5 to the juvenile court and to the parents at the address listed on the order.
(e)The Judicial Council shall adopt forms for any custody or restraining order issued under this section. These form orders shall not be confidential.
SEC. 131.Section 364.05 of the Welfare and Institutions Code is amended to read:364.05.Notwithstanding Section 364, in a county of the first class, a copy of the report required pursuant to subdivision (b) of Section 364 shall be provided to all parties at least 10 calendar days before the hearing. This may be accomplished by electronically serving the report pursuant to Section 212.5 or by mailing the report at least 15 calendar days before the hearing to a party whose address is within the State of California, or at least 20 calendar days before the hearing to a party whose address is outside the State of California. The court shall grant a reasonable continuance, not to exceed 10 calendar days, upon request by any party or his or her counsel on the ground that the report was not provided at least 10 calendar days before the hearing as required by this section, unless the party or his or her counsel has expressly waived the requirement that the report be provided within the 10-day period or the court finds that the partys ability to proceed at the hearing is not prejudiced by the lack of timely service of the report. In making this determination, the court shall presume that a party is prejudiced by the lack of timely service of the report, and may find that the party is not prejudiced only by clear and convincing evidence to the contrary.
SEC. 132.Section 366.05 of the Welfare and Institutions Code is amended to read:366.05.Notwithstanding subdivision (c) of Section 366.21, in a county of the first class, any supplemental report filed in connection with a status review hearing held pursuant to subdivision (a) of Section 366 shall be provided to the parent or legal guardian and to counsel for the child at least 10 calendar days before the hearing. This may be accomplished by electronically serving the report pursuant to Section 212.5 or by mailing the report at least 15 calendar days before the hearing to a party whose address is within the State of California, or at least 20 calendar days before the hearing to a party whose address is outside the State of California. The court shall grant a reasonable continuance, not to exceed 10 calendar days, upon request by any party or his or her counsel on the ground that the report was not provided at least 10 calendar days before the hearing as required by this section, unless the party or his or her counsel has expressly waived the requirement that the report be provided within the 10-day period or the court finds that the partys ability to proceed at the hearing is not prejudiced by the lack of timely service of the report. In making this determination, the court shall presume that a party is prejudiced by the lack of timely service of the report, and may find that the party is not prejudiced only by clear and convincing evidence to the contrary.
SEC. 133.Section 366.21 of the Welfare and Institutions Code is amended to read:366.21.(a)Every hearing conducted by the juvenile court reviewing the status of a dependent child shall be placed on the appearance calendar. The court shall advise all persons present at the hearing of the date of the future hearing and of their right to be present and represented by counsel.
(b)Except as provided in Sections 294 and 295, notice of the hearing shall be provided pursuant to Section 293.
(c)At least 10 calendar days before the hearing, the social worker shall file a supplemental report with the court regarding the services provided or offered to the parent or legal guardian to enable him or her to assume custody and the efforts made to achieve legal permanence for the child if efforts to reunify fail, including, but not limited to, efforts to maintain relationships between a child who is 10 years of age or older and has been in out-of-home placement for six months or longer and individuals who are important to the child, consistent with the childs best interests; the progress made; and, where relevant, the prognosis for return of the child to the physical custody of his or her parent or legal guardian; and shall make his or her recommendation for disposition. If the child is a member of a sibling group described in subparagraph (C) of paragraph (1) of subdivision (a) of Section 361.5, the report and recommendation may also take into account those factors described in subdivision (e) relating to the childs sibling group. If the recommendation is not to return the child to a parent or legal guardian, the report shall specify why the return of the child would be detrimental to the child. The social worker shall provide the parent or legal guardian, counsel for the child, and any court-appointed child advocate with a copy of the report, including his or her recommendation for disposition, at least 10 calendar days before the hearing. The report may be served pursuant to Section 212.5. In the case of a child removed from the physical custody of his or her parent or legal guardian, the social worker shall, at least 10 calendar days before the hearing, provide a summary of his or her recommendation for disposition to any foster parents, relative caregivers, and certified foster parents who have been approved for adoption by the State Department of Social Services when it is acting as an adoption agency or by a county adoption agency, community care facility, or foster family agency having the physical custody of the child. The social worker shall include a copy of the Judicial Council Caregiver Information Form (JV-290) with the summary of his or her recommendation to the childs foster parents, relative caregivers, or foster parents approved for adoption, in the caregivers primary language when available, along with information on how to file the form with the court. The form and summary of the recommendation may be served electronically pursuant to Section 212.5.
(d)Prior to any hearing involving a child in the physical custody of a community care facility or a foster family agency that may result in the return of the child to the physical custody of his or her parent or legal guardian, or in adoption or the creation of a legal guardianship, or in the case of an Indian child, in consultation with the childs tribe, tribal customary adoption, the facility or agency shall file with the court a report, or a Judicial Council Caregiver Information Form (JV-290), containing its recommendation for disposition. Prior to the hearing involving a child in the physical custody of a foster parent, a relative caregiver, or a certified foster parent who has been approved for adoption by the State Department of Social Services when it is acting as an adoption agency or by a county adoption agency, the foster parent, relative caregiver, or the certified foster parent who has been approved for adoption by the State Department of Social Services when it is acting as an adoption agency or by a county adoption agency, may file with the court a report containing his or her recommendation for disposition. The court shall consider the report and recommendation filed pursuant to this subdivision prior to determining any disposition.
(e)(1)At the review hearing held six months after the initial dispositional hearing, but no later than 12 months after the date the child entered foster care as determined in Section 361.49, whichever occurs earlier, after considering the admissible and relevant evidence, the court shall order the return of the child to the physical custody of his or her parent or legal guardian unless the court finds, by a preponderance of the evidence, that the return of the child to his or her parent or legal guardian would create a substantial risk of detriment to the safety, protection, or physical or emotional well-being of the child. The social worker shall have the burden of establishing that detriment. At the hearing, the court shall consider the criminal history, obtained pursuant to paragraph (1) of subdivision (f) of Section 16504.5, of the parent or legal guardian subsequent to the childs removal to the extent that the criminal record is substantially related to the welfare of the child or the parents or guardians ability to exercise custody and control regarding his or her child, provided the parent or legal guardian agreed to submit fingerprint images to obtain criminal history information as part of the case plan. The court shall also consider whether the child can be returned to the custody of his or her parent who is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with his or her parent. The fact that the parent is enrolled in a certified substance abuse treatment facility shall not be, for that reason alone, prima facie evidence of detriment. The failure of the parent or legal guardian to participate regularly and make substantive progress in court-ordered treatment programs shall be prima facie evidence that return would be detrimental. In making its determination, the court shall review and consider the social workers report and recommendations and the report and recommendations of any child advocate appointed pursuant to Section 356.5; and shall consider the efforts or progress, or both, demonstrated by the parent or legal guardian and the extent to which he or she availed himself or herself of services provided, taking into account the particular barriers to a minor parent or a nonminor dependent parent, or an incarcerated, institutionalized, detained, or deported parents or legal guardians access to those court-mandated services and ability to maintain contact with his or her child.
(2)Regardless of whether the child is returned to a parent or legal guardian, the court shall specify the factual basis for its conclusion that the return would be detrimental or would not be detrimental. The court also shall make appropriate findings pursuant to subdivision (a) of Section 366; and, when relevant, shall order any additional services reasonably believed to facilitate the return of the child to the custody of his or her parent or legal guardian. The court shall also inform the parent or legal guardian that if the child cannot be returned home by the 12-month permanency hearing, a proceeding pursuant to Section 366.26 may be instituted. This section does not apply in a case in which, pursuant to Section 361.5, the court has ordered that reunification services shall not be provided.
(3)If the child was under three years of age on the date of the initial removal, or is a member of a sibling group described in subparagraph (C) of paragraph (1) of subdivision (a) of Section 361.5, and the court finds by clear and convincing evidence that the parent failed to participate regularly and make substantive progress in a court-ordered treatment plan, the court may schedule a hearing pursuant to Section 366.26 within 120 days. If, however, the court finds there is a substantial probability that the child, who was under three years of age on the date of initial removal or is a member of a sibling group described in subparagraph (C) of paragraph (1) of subdivision (a) of Section 361.5, may be returned to his or her parent or legal guardian within six months or that reasonable services have not been provided, the court shall continue the case to the 12-month permanency hearing.
(4)For the purpose of placing and maintaining a sibling group together in a permanent home, the court, in making its determination to schedule a hearing pursuant to Section 366.26 for some or all members of a sibling group, as described in subparagraph (C) of paragraph (1) of subdivision (a) of Section 361.5, shall review and consider the social workers report and recommendations. Factors the report shall address, and the court shall consider, may include, but need not be limited to, whether the sibling group was removed from parental care as a group, the closeness and strength of the sibling bond, the ages of the siblings, the appropriateness of maintaining the sibling group together, the detriment to the child if sibling ties are not maintained, the likelihood of finding a permanent home for the sibling group, whether the sibling group is currently placed together in a preadoptive home or has a concurrent plan goal of legal permanency in the same home, the wishes of each child whose age and physical and emotional condition permits a meaningful response, and the best interests of each child in the sibling group. The court shall specify the factual basis for its finding that it is in the best interests of each child to schedule a hearing pursuant to Section 366.26 within 120 days for some or all of the members of the sibling group.
(5)If the child was removed initially under subdivision (g) of Section 300 and the court finds by clear and convincing evidence that the whereabouts of the parent are still unknown, or the parent has failed to contact and visit the child, the court may schedule a hearing pursuant to Section 366.26 within 120 days. The court shall take into account any particular barriers to a parents ability to maintain contact with his or her child due to the parents incarceration, institutionalization, detention by the United States Department of Homeland Security, or deportation. If the court finds by clear and convincing evidence that the parent has been convicted of a felony indicating parental unfitness, the court may schedule a hearing pursuant to Section 366.26 within 120 days.
(6)If the child had been placed under court supervision with a previously noncustodial parent pursuant to Section 361.2, the court shall determine whether supervision is still necessary. The court may terminate supervision and transfer permanent custody to that parent, as provided for by paragraph (1) of subdivision (b) of Section 361.2.
(7)In all other cases, the court shall direct that any reunification services previously ordered shall continue to be offered to the parent or legal guardian pursuant to the time periods set forth in subdivision (a) of Section 361.5, provided that the court may modify the terms and conditions of those services.
(8)If the child is not returned to his or her parent or legal guardian, the court shall determine whether reasonable services that were designed to aid the parent or legal guardian in overcoming the problems that led to the initial removal and the continued custody of the child have been provided or offered to the parent or legal guardian. The court shall order that those services be initiated, continued, or terminated.
(f)(1)The permanency hearing shall be held no later than 12 months after the date the child entered foster care, as that date is determined pursuant to Section 361.49. At the permanency hearing, the court shall determine the permanent plan for the child, which shall include a determination of whether the child will be returned to the childs home and, if so, when, within the time limits of subdivision (a) of Section 361.5. After considering the relevant and admissible evidence, the court shall order the return of the child to the physical custody of his or her parent or legal guardian unless the court finds, by a preponderance of the evidence, that the return of the child to his or her parent or legal guardian would create a substantial risk of detriment to the safety, protection, or physical or emotional well-being of the child. The social worker shall have the burden of establishing that detriment.
(A)At the permanency hearing, the court shall consider the criminal history, obtained pursuant to paragraph (1) of subdivision (f) of Section 16504.5, of the parent or legal guardian subsequent to the childs removal to the extent that the criminal record is substantially related to the welfare of the child or the parents or legal guardians ability to exercise custody and control regarding his or her child, provided that the parent or legal guardian agreed to submit fingerprint images to obtain criminal history information as part of the case plan. The court shall also determine whether reasonable services that were designed to aid the parent or legal guardian to overcome the problems that led to the initial removal and continued custody of the child have been provided or offered to the parent or legal guardian.
(B)The court shall also consider whether the child can be returned to the custody of his or her parent who is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with his or her parent. The fact that the parent is enrolled in a certified substance abuse treatment facility shall not be, for that reason alone, prima facie evidence of detriment. The failure of the parent or legal guardian to participate regularly and make substantive progress in court-ordered treatment programs shall be prima facie evidence that return would be detrimental.
(C)In making its determination, the court shall review and consider the social workers report and recommendations and the report and recommendations of any child advocate appointed pursuant to Section 356.5, shall consider the efforts or progress, or both, demonstrated by the parent or legal guardian and the extent to which he or she availed himself or herself of services provided, taking into account the particular barriers to a minor parent or a nonminor dependent parent, or an incarcerated, institutionalized, detained, or deported parents or legal guardians access to those court-mandated services and ability to maintain contact with his or her child, and shall make appropriate findings pursuant to subdivision (a) of Section 366.
(D)For each youth 16 years of age and older, the court shall also determine whether services have been made available to assist him or her in making the transition from foster care to successful adulthood.
(2)Regardless of whether the child is returned to his or her parent or legal guardian, the court shall specify the factual basis for its decision. If the child is not returned to a parent or legal guardian, the court shall specify the factual basis for its conclusion that the return would be detrimental. The court also shall make a finding pursuant to subdivision (a) of Section 366. If the child is not returned to his or her parent or legal guardian, the court shall consider, and state for the record, in-state and out-of-state placement options. If the child is placed out of the state, the court shall make a determination whether the out-of-state placement continues to be appropriate and in the best interests of the child.
(g)If the time period in which the court-ordered services were provided has met or exceeded the time period set forth in subparagraph (A), (B), or (C) of paragraph (1) of subdivision (a) of Section 361.5, as appropriate, and a child is not returned to the custody of a parent or legal guardian at the permanency hearing held pursuant to subdivision (f), the court shall do one of the following:
(1)Continue the case for up to six months for a permanency review hearing, provided that the hearing shall occur within 18 months of the date the child was originally taken from the physical custody of his or her parent or legal guardian. The court shall continue the case only if it finds that there is a substantial probability that the child will be returned to the physical custody of his or her parent or legal guardian and safely maintained in the home within the extended period of time or that reasonable services have not been provided to the parent or legal guardian. For purposes of this section, in order to find a substantial probability that the child will be returned to the physical custody of his or her parent or legal guardian and safely maintained in the home within the extended period of time, the court shall be required to find all of the following:
(A)That the parent or legal guardian has consistently and regularly contacted and visited with the child.
(B)That the parent or legal guardian has made significant progress in resolving problems that led to the childs removal from the home.
(C)The parent or legal guardian has demonstrated the capacity and ability both to complete the objectives of his or her treatment plan and to provide for the childs safety, protection, physical and emotional well-being, and special needs.
(i)For purposes of this subdivision, the courts decision to continue the case based on a finding or substantial probability that the child will be returned to the physical custody of his or her parent or legal guardian is a compelling reason for determining that a hearing held pursuant to Section 366.26 is not in the best interests of the child.
(ii)The court shall inform the parent or legal guardian that if the child cannot be returned home by the next permanency review hearing, a proceeding pursuant to Section 366.26 may be instituted. The court shall not order that a hearing pursuant to Section 366.26 be held unless there is clear and convincing evidence that reasonable services have been provided or offered to the parent or legal guardian.
(2)Continue the case for up to six months for a permanency review hearing, provided that the hearing shall occur within 18 months of the date the child was originally taken from the physical custody of his or her parent or legal guardian, if the parent has been arrested and issued an immigration hold, detained by the United States Department of Homeland Security, or deported to his or her country of origin, and the court determines either that there is a substantial probability that the child will be returned to the physical custody of his or her parent or legal guardian and safely maintained in the home within the extended period of time or that reasonable services have not been provided to the parent or legal guardian.
(3)For purposes of paragraph (2), in order to find a substantial probability that the child will be returned to the physical custody of his or her parent or legal guardian and safely maintained in the home within the extended period of time, the court shall find all of the following:
(A)The parent or legal guardian has consistently and regularly contacted and visited with the child, taking into account any particular barriers to a parents ability to maintain contact with his or her child due to the parents arrest and receipt of an immigration hold, detention by the United States Department of Homeland Security, or deportation.
(B)The parent or legal guardian has made significant progress in resolving the problems that led to the childs removal from the home.
(C)The parent or legal guardian has demonstrated the capacity or ability both to complete the objectives of his or her treatment plan and to provide for the childs safety, protection, physical and emotional well-being, and special needs.
(4)Order that a hearing be held within 120 days, pursuant to Section 366.26, but only if the court does not continue the case to the permanency planning review hearing and there is clear and convincing evidence that reasonable services have been provided or offered to the parents or legal guardians. On and after January 1, 2012, a hearing pursuant to Section 366.26 shall not be ordered if the child is a nonminor dependent, unless the nonminor dependent is an Indian child and tribal customary adoption is recommended as the permanent plan.
(5)Order that the child remain in foster care, but only if the court finds by clear and convincing evidence, based upon the evidence already presented to it, including a recommendation by the State Department of Social Services when it is acting as an adoption agency or by a county adoption agency, that there is a compelling reason for determining that a hearing held pursuant to Section 366.26 is not in the best interests of the child because the child is not a proper subject for adoption and has no one willing to accept legal guardianship as of the hearing date. For purposes of this section, a recommendation by the State Department of Social Services when it is acting as an adoption agency or by a county adoption agency that adoption is not in the best interests of the child shall constitute a compelling reason for the courts determination. That recommendation shall be based on the present circumstances of the child and shall not preclude a different recommendation at a later date if the childs circumstances change. On and after January 1, 2012, the nonminor dependents legal status as an adult is in and of itself a compelling reason not to hold a hearing pursuant to Section 366.26. The court may order that a nonminor dependent who otherwise is eligible pursuant to Section 11403 remain in a planned, permanent living arrangement.
(A)The court shall make factual findings identifying any barriers to achieving the permanent plan as of the hearing date. When the child is under 16 years of age, the court shall order a permanent plan of return home, adoption, tribal customary adoption in the case of an Indian child, legal guardianship, or placement with a fit and willing relative, as appropriate. When the child is 16 years of age or older, or is a nonminor dependent, and no other permanent plan is appropriate at the time of the hearing, the court may order another planned permanent living arrangement, as described in paragraph (2) of subdivision (i) of Section 16501.
(B)If the court orders that a child who is 10 years of age or older remain in foster care, the court shall determine whether the agency has made reasonable efforts to maintain the childs relationships with individuals other than the childs siblings who are important to the child, consistent with the childs best interests, and may make any appropriate order to ensure that those relationships are maintained.
(C)If the child is not returned to his or her parent or legal guardian, the court shall consider, and state for the record, in-state and out-of-state options for permanent placement. If the child is placed out of the state, the court shall make a determination whether the out-of-state placement continues to be appropriate and in the best interests of the child.
(h)In any case in which the court orders that a hearing pursuant to Section 366.26 shall be held, it shall also order the termination of reunification services to the parent or legal guardian. The court shall continue to permit the parent or legal guardian to visit the child pending the hearing unless it finds that visitation would be detrimental to the child. The court shall make any other appropriate orders to enable the child to maintain relationships with individuals, other than the childs siblings, who are important to the child, consistent with the childs best interests. When the court orders a termination of reunification services to the parent or legal guardian, it shall also order that the childs caregiver receive the childs birth certificate in accordance with Sections 16010.4 and 16010.5. Additionally, when the court orders a termination of reunification services to the parent or legal guardian, it shall order, when appropriate, that a child who is 16 years of age or older receive his or her birth certificate.
(i)(1)Whenever a court orders that a hearing pursuant to Section 366.26, including, when, in consultation with the childs tribe, tribal customary adoption is recommended, shall be held, it shall direct the agency supervising the child and the county adoption agency, or the State Department of Social Services when it is acting as an adoption agency, to prepare an assessment that shall include:
(A)Current search efforts for an absent parent or parents or legal guardians.
(B)A review of the amount of and nature of any contact between the child and his or her parents or legal guardians and other members of his or her extended family since the time of placement. Although the extended family of each child shall be reviewed on a case-by-case basis, extended family for the purpose of this subparagraph shall include, but not be limited to, the childs siblings, grandparents, aunts, and uncles.
(C)An evaluation of the childs medical, developmental, scholastic, mental, and emotional status.
(D)A preliminary assessment of the eligibility and commitment of any identified prospective adoptive parent or legal guardian, including the prospective tribal customary adoptive parent, particularly the caretaker, to include a social history including screening for criminal records and prior referrals for child abuse or neglect, the capability to meet the childs needs, and the understanding of the legal and financial rights and responsibilities of adoption and guardianship. If a proposed guardian is a relative of the minor, the assessment shall also consider, but need not be limited to, all of the factors specified in subdivision (a) of Section 361.3 and in Section 361.4.
(E)The relationship of the child to any identified prospective adoptive parent or legal guardian, the duration and character of the relationship, the degree of attachment of the child to the prospective relative guardian or adoptive parent, the relatives or adoptive parents strong commitment to caring permanently for the child, the motivation for seeking adoption or guardianship, a statement from the child concerning placement and the adoption or guardianship, and whether the child, if over 12 years of age, has been consulted about the proposed relative guardianship arrangements, unless the childs age or physical, emotional, or other condition precludes his or her meaningful response, and if so, a description of the condition.
(F)A description of efforts to be made to identify a prospective adoptive parent or legal guardian, including, but not limited to, child-specific recruitment and listing on an adoption exchange within the state or out of the state.
(G)An analysis of the likelihood that the child will be adopted if parental rights are terminated.
(H)In the case of an Indian child, in addition to subparagraphs (A) to (G), inclusive, an assessment of the likelihood that the child will be adopted, when, in consultation with the childs tribe, a tribal customary adoption, as defined in Section 366.24, is recommended. If tribal customary adoption is recommended, the assessment shall include an analysis of both of the following:
(i)Whether tribal customary adoption would or would not be detrimental to the Indian child and the reasons for reaching that conclusion.
(ii)Whether the Indian child cannot or should not be returned to the home of the Indian parent or Indian custodian and the reasons for reaching that conclusion.
(2)(A)A relative caregivers preference for legal guardianship over adoption, if it is due to circumstances that do not include an unwillingness to accept legal or financial responsibility for the child, shall not constitute the sole basis for recommending removal of the child from the relative caregiver for purposes of adoptive placement.
(B)Regardless of his or her immigration status, a relative caregiver shall be given information regarding the permanency options of guardianship and adoption, including the long-term benefits and consequences of each option, prior to establishing legal guardianship or pursuing adoption. If the proposed permanent plan is guardianship with an approved relative caregiver for a minor eligible for aid under the Kin-GAP Program, as provided for in Article 4.7 (commencing with Section 11385) of Chapter 2 of Part 3 of Division 9, the relative caregiver shall be informed about the terms and conditions of the negotiated agreement pursuant to Section 11387 and shall agree to its execution prior to the hearing held pursuant to Section 366.26. A copy of the executed negotiated agreement shall be attached to the assessment.
(j)If, at any hearing held pursuant to Section 366.26, a guardianship is established for the minor with an approved relative caregiver, and juvenile court dependency is subsequently dismissed, the minor shall be eligible for aid under the Kin-GAP Program, as provided for in Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385), as applicable, of Chapter 2 of Part 3 of Division 9.
(k)As used in this section, relative means an adult who is related to the minor by blood, adoption, or affinity within the fifth degree of kinship, including stepparents, stepsiblings, and all relatives whose status is preceded by the words great, great-great, or grand, or the spouse of any of those persons even if the marriage was terminated by death or dissolution. If the proposed permanent plan is guardianship with an approved relative caregiver for a minor eligible for aid under the Kin-GAP Program, as provided for in Article 4.7 (commencing with Section 11385) of Chapter 2 of Part 3 of Division 9, relative as used in this section has the same meaning as relative as defined in subdivision (c) of Section 11391.
(l)For purposes of this section, evidence of any of the following circumstances shall not, in and of itself, be deemed a failure to provide or offer reasonable services:
(1)The child has been placed with a foster family that is eligible to adopt a child, or has been placed in a preadoptive home.
(2)The case plan includes services to make and finalize a permanent placement for the child if efforts to reunify fail.
(3)Services to make and finalize a permanent placement for the child, if efforts to reunify fail, are provided concurrently with services to reunify the family.
SEC. 134.Section 366.26 of the Welfare and Institutions Code is amended to read:366.26.(a)This section applies to children who are adjudged dependent children of the juvenile court pursuant to subdivision (d) of Section 360. The procedures specified herein are the exclusive procedures for conducting these hearings; Part 2 (commencing with Section 3020) of Division 8 of the Family Code is not applicable to these proceedings. Section 8616.5 of the Family Code is applicable and available to all dependent children meeting the requirements of that section, if the postadoption contact agreement has been entered into voluntarily. For children who are adjudged dependent children of the juvenile court pursuant to subdivision (d) of Section 360, this section, and Sections 8604, 8605, 8606, and 8700 of the Family Code and Chapter 5 (commencing with Section 7660) of Part 3 of Division 12 of the Family Code specify the exclusive procedures for permanently terminating parental rights with regard to, or establishing legal guardianship of, the child while the child is a dependent child of the juvenile court.
(b)At the hearing, which shall be held in juvenile court for all children who are dependents of the juvenile court, the court, in order to provide stable, permanent homes for these children, shall review the report as specified in Section 361.5, 366.21, 366.22, or 366.25, shall indicate that the court has read and considered it, shall receive other evidence that the parties may present, and then shall make findings and orders in the following order of preference:
(1)Terminate the rights of the parent or parents and order that the child be placed for adoption and, upon the filing of a petition for adoption in the juvenile court, order that a hearing be set. The court shall proceed with the adoption after the appellate rights of the natural parents have been exhausted.
(2)Order, without termination of parental rights, the plan of tribal customary adoption, as described in Section 366.24, through tribal custom, traditions, or law of the Indian childs tribe, and upon the court affording the tribal customary adoption order full faith and credit at the continued selection and implementation hearing, order that a hearing be set pursuant to paragraph (2) of subdivision (e).
(3)Appoint a relative or relatives with whom the child is currently residing as legal guardian or guardians for the child, and order that letters of guardianship issue.
(4)On making a finding under paragraph (3) of subdivision (c), identify adoption or tribal customary adoption as the permanent placement goal and order that efforts be made to locate an appropriate adoptive family for the child within a period not to exceed 180 days.
(5)Appoint a nonrelative legal guardian for the child and order that letters of guardianship issue.
(6)Order that the child be permanently placed with a fit and willing relative, subject to the periodic review of the juvenile court under Section 366.3.
(7)Order that the child remain in foster care, subject to the conditions described in paragraph (4) of subdivision (c) and the periodic review of the juvenile court under Section 366.3.
In choosing among the above alternatives the court shall proceed pursuant to subdivision (c).
(c)(1)If the court determines, based on the assessment provided as ordered under subdivision (i) of Section 366.21, subdivision (b) of Section 366.22, or subdivision (b) of Section 366.25, and any other relevant evidence, by a clear and convincing standard, that it is likely the child will be adopted, the court shall terminate parental rights and order the child placed for adoption. The fact that the child is not yet placed in a preadoptive home nor with a relative or foster family who is prepared to adopt the child, shall not constitute a basis for the court to conclude that it is not likely the child will be adopted. A finding under subdivision (b) or paragraph (1) of subdivision (e) of Section 361.5 that reunification services shall not be offered, under subdivision (e) of Section 366.21 that the whereabouts of a parent have been unknown for six months or that the parent has failed to visit or contact the child for six months, or that the parent has been convicted of a felony indicating parental unfitness, or, under Section 366.21 or 366.22, that the court has continued to remove the child from the custody of the parent or guardian and has terminated reunification services, shall constitute a sufficient basis for termination of parental rights. Under these circumstances, the court shall terminate parental rights unless either of the following applies:
(A)The child is living with a relative who is unable or unwilling to adopt the child because of circumstances that do not include an unwillingness to accept legal or financial responsibility for the child, but who is willing and capable of providing the child with a stable and permanent environment through legal guardianship, and the removal of the child from the custody of his or her relative would be detrimental to the emotional well-being of the child. For purposes of an Indian child, relative shall include an extended family member, as defined in the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1903(2)).
(B)The court finds a compelling reason for determining that termination would be detrimental to the child due to one or more of the following circumstances:
(i)The parents have maintained regular visitation and contact with the child and the child would benefit from continuing the relationship.
(ii)A child 12 years of age or older objects to termination of parental rights.
(iii)The child is placed in a residential treatment facility, adoption is unlikely or undesirable, and continuation of parental rights will not prevent finding the child a permanent family placement if the parents cannot resume custody when residential care is no longer needed.
(iv)The child is living with a foster parent or Indian custodian who is unable or unwilling to adopt the child because of exceptional circumstances, that do not include an unwillingness to accept legal or financial responsibility for the child, but who is willing and capable of providing the child with a stable and permanent environment and the removal of the child from the physical custody of his or her foster parent or Indian custodian would be detrimental to the emotional well-being of the child. This clause does not apply to any child who is either (I) under six years of age or (II) a member of a sibling group where at least one child is under six years of age and the siblings are, or should be, permanently placed together.
(v)There would be substantial interference with a childs sibling relationship, taking into consideration the nature and extent of the relationship, including, but not limited to, whether the child was raised with a sibling in the same home, whether the child shared significant common experiences or has existing close and strong bonds with a sibling, and whether ongoing contact is in the childs best interest, including the childs long-term emotional interest, as compared to the benefit of legal permanence through adoption.
(vi)The child is an Indian child and there is a compelling reason for determining that termination of parental rights would not be in the best interest of the child, including, but not limited to:
(I)Termination of parental rights would substantially interfere with the childs connection to his or her tribal community or the childs tribal membership rights.
(II)The childs tribe has identified guardianship, foster care with a fit and willing relative, tribal customary adoption, or another planned permanent living arrangement for the child.
(III)The child is a nonminor dependent, and the nonminor and the nonminors tribe have identified tribal customary adoption for the nonminor.
(C)For purposes of subparagraph (B), in the case of tribal customary adoptions, Section 366.24 shall apply.
(D)If the court finds that termination of parental rights would be detrimental to the child pursuant to clause (i), (ii), (iii), (iv), (v), or (vi), it shall state its reasons in writing or on the record.
(2)The court shall not terminate parental rights if:
(A)At each hearing at which the court was required to consider reasonable efforts or services, the court has found that reasonable efforts were not made or that reasonable services were not offered or provided.
(B)In the case of an Indian child:
(i)At the hearing terminating parental rights, the court has found that active efforts were not made as required in Section 361.7.
(ii)The court does not make a determination at the hearing terminating parental rights, supported by evidence beyond a reasonable doubt, including testimony of one or more qualified expert witnesses as defined in Section 224.6, that the continued custody of the child by the parent is likely to result in serious emotional or physical damage to the child.
(iii)The court has ordered tribal customary adoption pursuant to Section 366.24.
(3)If the court finds that termination of parental rights would not be detrimental to the child pursuant to paragraph (1) and that the child has a probability for adoption but is difficult to place for adoption and there is no identified or available prospective adoptive parent, the court may identify adoption as the permanent placement goal and, without terminating parental rights, order that efforts be made to locate an appropriate adoptive family for the child, within the state or out of the state, within a period not to exceed 180 days. During this 180-day period, the public agency responsible for seeking adoptive parents for each child shall, to the extent possible, ask each child who is 10 years of age or older to identify any individuals, other than the childs siblings, who are important to the child, in order to identify potential adoptive parents. The public agency may ask any other child to provide that information, as appropriate. During the 180-day period, the public agency shall, to the extent possible, contact other private and public adoption agencies regarding the availability of the child for adoption. During the 180-day period, the public agency shall conduct the search for adoptive parents in the same manner as prescribed for children in Sections 8708 and 8709 of the Family Code. At the expiration of this period, another hearing shall be held and the court shall proceed pursuant to paragraph (1), (2), (3), (5), or (6) of subdivision (b). For purposes of this section, a child may only be found to be difficult to place for adoption if there is no identified or available prospective adoptive parent for the child because of the childs membership in a sibling group, or the presence of a diagnosed medical, physical, or mental handicap, or the child is seven years of age or older.
(4)(A)If the court finds that adoption of the child or termination of parental rights is not in the best interest of the child, because one of the conditions in clause (i), (ii), (iii), (iv), (v), or (vi) of subparagraph (B) of paragraph (1) or in paragraph (2) applies, the court shall order that the present caretakers or other appropriate persons shall become legal guardians of the child, or, in the case of an Indian child, consider a tribal customary adoption pursuant to Section 366.24. Legal guardianship shall be considered before continuing the child in foster care under any other permanent plan, if it is in the best interests of the child and if a suitable guardian can be found. If the child continues in foster care, the court shall make factual findings identifying any barriers to achieving adoption, tribal customary adoption in the case of an Indian child, legal guardianship, or placement with a fit and willing relative as of the date of the hearing. A child who is 10 years of age or older, shall be asked to identify any individuals, other than the childs siblings, who are important to the child, in order to identify potential guardians or, in the case of an Indian child, prospective tribal customary adoptive parents. The agency may ask any other child to provide that information, as appropriate.
(B)(i)If the child is living with an approved relative who is willing and capable of providing a stable and permanent environment, but not willing to become a legal guardian as of the hearing date, the court shall order a permanent plan of placement with a fit and willing relative, and the child shall not be removed from the home if the court finds the removal would be seriously detrimental to the emotional well-being of the child because the child has substantial psychological ties to the relative caretaker.
(ii)If the child is living with a nonrelative caregiver who is willing and capable of providing a stable and permanent environment, but not willing to become a legal guardian as of the hearing date, the court shall order that the child remain in foster care with a permanent plan of return home, adoption, legal guardianship, or placement with a fit and willing relative, as appropriate. If the child is 16 years of age or older, or a nonminor dependent, and no other permanent plan is appropriate at the time of the hearing, the court may order another planned permanent living arrangement, as described in paragraph (2) of subdivision (i) of Section 16501. Regardless of the age of the child, the child shall not be removed from the home if the court finds the removal would be seriously detrimental to the emotional well-being of the child because the child has substantial psychological ties to the caregiver.
(iii)If the child is living in a group home or, on or after January 1, 2017, a short-term residential therapeutic program, the court shall order that the child remain in foster care with a permanent plan of return home, adoption, tribal customary adoption in the case of an Indian child, legal guardianship, or placement with a fit and willing relative, as appropriate. If the child is 16 years of age or older, or a nonminor dependent, and no other permanent plan is appropriate at the time of the hearing, the court may order another planned permanent living arrangement, as described in paragraph (2) of subdivision (i) of Section 16501.
(C)The court shall also make an order for visitation with the parents or guardians unless the court finds by a preponderance of the evidence that the visitation would be detrimental to the physical or emotional well-being of the child.
(5)If the court finds that the child should not be placed for adoption, that legal guardianship shall not be established, that placement with a fit and willing relative is not appropriate as of the hearing date, and that there are no suitable foster parents except certified family homes or resource families of a foster family agency available to provide the child with a stable and permanent environment, the court may order the care, custody, and control of the child transferred from the county welfare department to a licensed foster family agency. The court shall consider the written recommendation of the county welfare director regarding the suitability of the transfer. The transfer shall be subject to further court orders.
The licensed foster family agency shall place the child in a suitable licensed or certified family home that has been certified by the agency as meeting licensing standards or with a resource family approved by the agency. The licensed foster family agency shall be responsible for supporting the child and providing appropriate services to the child, including those services ordered by the court. Responsibility for the support of the child shall not, in and of itself, create liability on the part of the foster family agency to third persons injured by the child. Those children whose care, custody, and control are transferred to a foster family agency shall not be eligible for foster care maintenance payments or child welfare services, except for emergency response services pursuant to Section 16504.
(d)The proceeding for the appointment of a guardian for a child who is a dependent of the juvenile court shall be in the juvenile court. If the court finds pursuant to this section that legal guardianship is the appropriate permanent plan, it shall appoint the legal guardian and issue letters of guardianship. The assessment prepared pursuant to subdivision (g) of Section 361.5, subdivision (i) of Section 366.21, subdivision (b) of Section 366.22, and subdivision (b) of Section 366.25 shall be read and considered by the court prior to the appointment, and this shall be reflected in the minutes of the court. The person preparing the assessment may be called and examined by any party to the proceeding.
(e)(1)The proceeding for the adoption of a child who is a dependent of the juvenile court shall be in the juvenile court if the court finds pursuant to this section that adoption is the appropriate permanent plan and the petition for adoption is filed in the juvenile court. Upon the filing of a petition for adoption, the juvenile court shall order that an adoption hearing be set. The court shall proceed with the adoption after the appellate rights of the natural parents have been exhausted. The full report required by Section 8715 of the Family Code shall be read and considered by the court prior to the adoption and this shall be reflected in the minutes of the court. The person preparing the report may be called and examined by any party to the proceeding. It is the intent of the Legislature, pursuant to this subdivision, to give potential adoptive parents the option of filing in the juvenile court the petition for the adoption of a child who is a dependent of the juvenile court. Nothing in this section is intended to prevent the filing of a petition for adoption in any other court as permitted by law, instead of in the juvenile court.
(2)In the case of an Indian child, if the Indian childs tribe has elected a permanent plan of tribal customary adoption, the court, upon receiving the tribal customary adoption order will afford the tribal customary adoption order full faith and credit to the same extent that the court would afford full faith and credit to the public acts, records, judicial proceedings, and judgments of any other entity. Upon a determination that the tribal customary adoption order may be afforded full faith and credit, consistent with Section 224.5, the court shall thereafter order a hearing to finalize the adoption be set upon the filing of the adoption petition. The prospective tribal customary adoptive parents and the child who is the subject of the tribal customary adoption petition shall appear before the court for the finalization hearing. The court shall thereafter issue an order of adoption pursuant to Section 366.24.
(3)If a child who is the subject of a finalized tribal customary adoption shows evidence of a developmental disability or mental illness as a result of conditions existing before the tribal customary adoption to the extent that the child cannot be relinquished to a licensed adoption agency on the grounds that the child is considered unadoptable, and of which condition the tribal customary adoptive parent or parents had no knowledge or notice before the entry of the tribal customary adoption order, a petition setting forth those facts may be filed by the tribal customary adoptive parent or parents with the juvenile court that granted the tribal customary adoption petition. If these facts are proved to the satisfaction of the juvenile court, it may make an order setting aside the tribal customary adoption order. The set-aside petition shall be filed within five years of the issuance of the tribal customary adoption order. The court clerk shall immediately notify the childs tribe and the department in Sacramento of the petition within 60 days after the notice of filing of the petition. The department shall file a full report with the court and shall appear before the court for the purpose of representing the child. Whenever a final decree of tribal customary adoption has been vacated or set aside, the child shall be returned to the custody of the county in which the proceeding for tribal customary adoption was finalized. The biological parent or parents of the child may petition for return of custody. The disposition of the child after the court has entered an order to set aside a tribal customary adoption shall include consultation with the childs tribe.
(f)At the beginning of any proceeding pursuant to this section, if the child or the parents are not being represented by previously retained or appointed counsel, the court shall proceed as follows:
(1)In accordance with subdivision (c) of Section 317, if a child before the court is without counsel, the court shall appoint counsel unless the court finds that the child would not benefit from the appointment of counsel. The court shall state on the record its reasons for that finding.
(2)If a parent appears without counsel and is unable to afford counsel, the court shall appoint counsel for the parent, unless this representation is knowingly and intelligently waived. The same counsel shall not be appointed to represent both the child and his or her parent. The public defender or private counsel may be appointed as counsel for the parent.
(3)Private counsel appointed under this section shall receive a reasonable sum for compensation and expenses, the amount of which shall be determined by the court. The amount shall be paid by the real parties in interest, other than the child, in any proportions the court deems just. However, if the court finds that any of the real parties in interest are unable to afford counsel, the amount shall be paid out of the general fund of the county.
(g)The court may continue the proceeding for a period of time not to exceed 30 days as necessary to appoint counsel, and to enable counsel to become acquainted with the case.
(h)(1)At all proceedings under this section, the court shall consider the wishes of the child and shall act in the best interests of the child.
(2)In accordance with Section 349, the child shall be present in court if the child or the childs counsel so requests or the court so orders. If the child is 10 years of age or older and is not present at a hearing held pursuant to this section, the court shall determine whether the minor was properly notified of his or her right to attend the hearing and inquire as to the reason why the child is not present.
(3)(A)The testimony of the child may be taken in chambers and outside the presence of the childs parent or parents, if the childs parent or parents are represented by counsel, the counsel is present, and any of the following circumstances exist:
(i)The court determines that testimony in chambers is necessary to ensure truthful testimony.
(ii)The child is likely to be intimidated by a formal courtroom setting.
(iii)The child is afraid to testify in front of his or her parent or parents.
(B)After testimony in chambers, the parent or parents of the child may elect to have the court reporter read back the testimony or have the testimony summarized by counsel for the parent or parents.
(C)The testimony of a child also may be taken in chambers and outside the presence of the guardian or guardians of a child under the circumstances specified in this subdivision.
(i)(1)Any order of the court permanently terminating parental rights under this section shall be conclusive and binding upon the child, upon the parent or parents and, upon all other persons who have been served with citation by publication or otherwise as provided in this chapter. After making the order, the juvenile court shall have no power to set aside, change, or modify it, except as provided in paragraph (2), but nothing in this section shall be construed to limit the right to appeal the order.
(2)A tribal customary adoption order evidencing that the Indian child has been the subject of a tribal customary adoption shall be afforded full faith and credit and shall have the same force and effect as an order of adoption authorized by this section. The rights and obligations of the parties as to the matters determined by the Indian childs tribe shall be binding on all parties. A court shall not order compliance with the order absent a finding that the party seeking the enforcement participated, or attempted to participate, in good faith, in family mediation services of the court or dispute resolution through the tribe regarding the conflict, prior to the filing of the enforcement action.
(3)A child who has not been adopted after the passage of at least three years from the date the court terminated parental rights and for whom the court has determined that adoption is no longer the permanent plan may petition the juvenile court to reinstate parental rights pursuant to the procedure prescribed by Section 388. The child may file the petition prior to the expiration of this three-year period if the State Department of Social Services, county adoption agency, or licensed adoption agency that is responsible for custody and supervision of the child as described in subdivision (j) and the child stipulate that the child is no longer likely to be adopted. A child over 12 years of age shall sign the petition in the absence of a showing of good cause as to why the child could not do so. If it appears that the best interests of the child may be promoted by reinstatement of parental rights, the court shall order that a hearing be held and shall give prior notice, or cause prior notice to be given, to the social worker or probation officer and to the childs attorney of record, or, if there is no attorney of record for the child, to the child, and the childs tribe, if applicable, by means prescribed by subdivision (c) of Section 297. The court shall order the child or the social worker or probation officer to give prior notice of the hearing to the childs former parent or parents whose parental rights were terminated in the manner prescribed by subdivision (f) of Section 294 where the recommendation is adoption. The juvenile court shall grant the petition if it finds by clear and convincing evidence that the child is no longer likely to be adopted and that reinstatement of parental rights is in the childs best interest. If the court reinstates parental rights over a child who is under 12 years of age and for whom the new permanent plan will not be reunification with a parent or legal guardian, the court shall specify the factual basis for its findings that it is in the best interest of the child to reinstate parental rights. This subdivision is intended to be retroactive and applies to any child who is under the jurisdiction of the juvenile court at the time of the hearing regardless of the date parental rights were terminated.
(j)If the court, by order or judgment, declares the child free from the custody and control of both parents, or one parent if the other does not have custody and control, or declares the child eligible for tribal customary adoption, the court shall at the same time order the child referred to the State Department of Social Services, county adoption agency, or licensed adoption agency for adoptive placement by the agency. However, except in the case of a tribal customary adoption where there is no termination of parental rights, a petition for adoption may not be granted until the appellate rights of the natural parents have been exhausted. The State Department of Social Services, county adoption agency, or licensed adoption agency shall be responsible for the custody and supervision of the child and shall be entitled to the exclusive care and control of the child at all times until a petition for adoption or tribal customary adoption is granted, except as specified in subdivision (n). With the consent of the agency, the court may appoint a guardian of the child, who shall serve until the child is adopted.
(k)(1)Notwithstanding any other law, the application of any person who, as a relative caretaker or foster parent, has cared for a dependent child for whom the court has approved a permanent plan for adoption, or who has been freed for adoption, shall be given preference with respect to that child over all other applications for adoptive placement if the agency making the placement determines that the child has substantial emotional ties to the relative caretaker or foster parent and removal from the relative caretaker or foster parent would be seriously detrimental to the childs emotional well-being.
(2)As used in this subdivision, preference means that the application shall be processed and, if satisfactory, the family study shall be completed before the processing of the application of any other person for the adoptive placement of the child.
(l)(1)An order by the court that a hearing pursuant to this section be held is not appealable at any time unless all of the following apply:
(A)A petition for extraordinary writ review was filed in a timely manner.
(B)The petition substantively addressed the specific issues to be challenged and supported that challenge by an adequate record.
(C)The petition for extraordinary writ review was summarily denied or otherwise not decided on the merits.
(2)Failure to file a petition for extraordinary writ review within the period specified by rule, to substantively address the specific issues challenged, or to support that challenge by an adequate record shall preclude subsequent review by appeal of the findings and orders made pursuant to this section.
(3)The Judicial Council shall adopt rules of court, effective January 1, 1995, to ensure all of the following:
(A)A trial court, after issuance of an order directing a hearing pursuant to this section be held, shall advise all parties of the requirement of filing a petition for extraordinary writ review as set forth in this subdivision in order to preserve any right to appeal in these issues.
(i)If a party is present at the time of the making of the order, the notice shall be made orally to the party.
(ii)If the party is not present at the time of making the order, the notice shall be made by the clerk of the court by first-class mail to the last known address of a party or by electronic service pursuant to Section 212.5. If the notice is for a hearing at which the social worker will recommend the termination of parental rights, the notice may be electronically served pursuant to Section 212.5, but only in addition to service of the notice by first-class mail.
(B)The prompt transmittal of the records from the trial court to the appellate court.
(C)That adequate time requirements for counsel and court personnel exist to implement the objective of this subdivision.
(D)That the parent or guardian, or their trial counsel or other counsel, is charged with the responsibility of filing a petition for extraordinary writ relief pursuant to this subdivision.
(4)The intent of this subdivision is to do both of the following:
(A)Make every reasonable attempt to achieve a substantive and meritorious review by the appellate court within the time specified in Sections 366.21, 366.22, and 366.25 for holding a hearing pursuant to this section.
(B)Encourage the appellate court to determine all writ petitions filed pursuant to this subdivision on their merits.
(5)This subdivision shall only apply to cases in which an order to set a hearing pursuant to this section is issued on or after January 1, 1995.
(m)Except for subdivision (j), this section shall also apply to minors adjudged wards pursuant to Section 727.31.
(n)(1)Notwithstanding Section 8704 of the Family Code or any other law, the court, at a hearing held pursuant to this section or anytime thereafter, may designate a current caretaker as a prospective adoptive parent if the child has lived with the caretaker for at least six months, the caretaker currently expresses a commitment to adopt the child, and the caretaker has taken at least one step to facilitate the adoption process. In determining whether to make that designation, the court may take into consideration whether the caretaker is listed in the preliminary assessment prepared by the county department in accordance with subdivision (i) of Section 366.21 as an appropriate person to be considered as an adoptive parent for the child and the recommendation of the State Department of Social Services, county adoption agency, or licensed adoption agency.
(2)For purposes of this subdivision, steps to facilitate the adoption process include, but are not limited to, the following:
(A)Applying for an adoption homestudy.
(B)Cooperating with an adoption homestudy.
(C)Being designated by the court or the adoption agency as the adoptive family.
(D)Requesting de facto parent status.
(E)Signing an adoptive placement agreement.
(F)Engaging in discussions regarding a postadoption contact agreement.
(G)Working to overcome any impediments that have been identified by the State Department of Social Services, county adoption agency, or licensed adoption agency.
(H)Attending classes required of prospective adoptive parents.
(3)Prior to a change in placement and as soon as possible after a decision is made to remove a child from the home of a designated prospective adoptive parent, the agency shall notify the court, the designated prospective adoptive parent or the current caretaker, if that caretaker would have met the threshold criteria to be designated as a prospective adoptive parent pursuant to paragraph (1) on the date of service of this notice, the childs attorney, and the child, if the child is 10 years of age or older, of the proposal in the manner described in Section 16010.6.
(A)Within five court days or seven calendar days, whichever is longer, of the date of notification, the child, the childs attorney, or the designated prospective adoptive parent may file a petition with the court objecting to the proposal to remove the child, or the court, upon its own motion, may set a hearing regarding the proposal. The court may, for good cause, extend the filing period. A caretaker who would have met the threshold criteria to be designated as a prospective adoptive parent pursuant to paragraph (1) on the date of service of the notice of proposed removal of the child may file, together with the petition under this subparagraph, a petition for an order designating the caretaker as a prospective adoptive parent for purposes of this subdivision.
(B)A hearing ordered pursuant to this paragraph shall be held as soon as possible and not later than five court days after the petition is filed with the court or the court sets a hearing upon its own motion, unless the court for good cause is unable to set the matter for hearing five court days after the petition is filed, in which case the court shall set the matter for hearing as soon as possible. At the hearing, the court shall determine whether the caretaker has met the threshold criteria to be designated as a prospective adoptive parent pursuant to paragraph (1), and whether the proposed removal of the child from the home of the designated prospective adoptive parent is in the childs best interest, and the child may not be removed from the home of the designated prospective adoptive parent unless the court finds that removal is in the childs best interest. If the court determines that the caretaker did not meet the threshold criteria to be designated as a prospective adoptive parent on the date of service of the notice of proposed removal of the child, the petition objecting to the proposed removal filed by the caretaker shall be dismissed. If the caretaker was designated as a prospective adoptive parent prior to this hearing, the court shall inquire into any progress made by the caretaker towards the adoption of the child since the caretaker was designated as a prospective adoptive parent.
(C)A determination by the court that the caretaker is a designated prospective adoptive parent pursuant to paragraph (1) or subparagraph (B) does not make the caretaker a party to the dependency proceeding nor does it confer on the caretaker any standing to object to any other action of the department, county adoption agency, or licensed adoption agency, unless the caretaker has been declared a de facto parent by the court prior to the notice of removal served pursuant to paragraph (3).
(D)If a petition objecting to the proposal to remove the child is not filed, and the court, upon its own motion, does not set a hearing, the child may be removed from the home of the designated prospective adoptive parent without a hearing.
(4)Notwithstanding paragraph (3), if the State Department of Social Services, county adoption agency, or licensed adoption agency determines that the child must be removed from the home of the caretaker who is or may be a designated prospective adoptive parent immediately, due to a risk of physical or emotional harm, the agency may remove the child from that home and is not required to provide notice prior to the removal. However, as soon as possible and not longer than two court days after the removal, the agency shall notify the court, the caretaker who is or may be a designated prospective adoptive parent, the childs attorney, and the child, if the child is 10 years of age or older, of the removal. Within five court days or seven calendar days, whichever is longer, of the date of notification of the removal, the child, the childs attorney, or the caretaker who is or may be a designated prospective adoptive parent may petition for, or the court on its own motion may set, a noticed hearing pursuant to paragraph (3). The court may, for good cause, extend the filing period.
(5)Except as provided in subdivision (b) of Section 366.28, an order by the court issued after a hearing pursuant to this subdivision shall not be appealable.
(6)Nothing in this section shall preclude a county child protective services agency from fully investigating and responding to alleged abuse or neglect of a child pursuant to Section 11165.5 of the Penal Code.
(7)The Judicial Council shall prepare forms to facilitate the filing of the petitions described in this subdivision, which shall become effective on January 1, 2006.
SEC. 135.Section 387 of the Welfare and Institutions Code is amended to read:387.(a)An order changing or modifying a previous order by removing a child from the physical custody of a parent, guardian, relative, or friend and directing placement in a foster home, or commitment to a private or county institution, shall be made only after noticed hearing upon a supplemental petition.
(b)The supplemental petition shall be filed by the social worker in the original matter and shall contain a concise statement of facts sufficient to support the conclusion that the previous disposition has not been effective in the rehabilitation or protection of the child or, in the case of a placement with a relative, sufficient to show that the placement is not appropriate in view of the criteria in Section 361.3.
(c)Notwithstanding subdivision (a), dependency jurisdiction shall be resumed for a child as to whom dependency jurisdiction has been suspended pursuant to Section 366.5 if the jurisdiction established pursuant to Section 601 or 602 is terminated and if, after the issuance of a joint assessment pursuant to Section 366.5, the court determines that the courts dependency jurisdiction should be resumed.
(d)Upon the filing of the supplemental petition, the clerk of the juvenile court shall immediately set the same for hearing within 30 days, and the social worker shall cause notice thereof to be served upon the persons and in the manner prescribed by Sections 290.1 and 291, except that service under this subdivision may be delivered by electronic service pursuant to Section 212.5.
(e)An order for the detention of the child pending adjudication of the petition may be made only after a hearing is conducted pursuant to Article 7 (commencing with Section 305).
SEC. 136.Section 607.2 of the Welfare and Institutions Code is amended to read:607.2.(a)(1)On and after January 1, 2012, the court shall hold a hearing prior to terminating jurisdiction over a ward who satisfies any of the following criteria:
(A)Is a minor subject to an order for foster care placement described in Section 11402 as a ward who has not previously been subject to the jurisdiction of the court as a result of a petition filed pursuant to Section 325.
(B)Is a nonminor who was subject to an order for foster care placement described in Section 11402 as a ward on the day he or she attained 18 years of age.
(C)Is a ward who was subject to an order for foster care placement described in Section 11402 as a dependent of the court at the time the court adjudged the child to be a ward of the court under Section 725.
(2)The notice of hearing under this subdivision may be served electronically pursuant to Section 212.5.
(b)At a hearing during which termination of jurisdiction over a ward described in subdivision (a) is being considered, the court shall take one of the following actions:
(1)Modify its jurisdiction from delinquency jurisdiction to transition jurisdiction, if the court finds the ward is a person described in Section 450.
(2)(A)For a ward who was not previously subject to the jurisdiction of the court as a result of a petition filed pursuant to Section 325, order the probation department or the wards attorney to submit an application to the child welfare services department pursuant to Section 329 to declare the minor a dependent of the court and modify the courts jurisdiction from delinquency jurisdiction to dependency jurisdiction, if the court finds all of the following:
(i)The ward is a minor.
(ii)The ward does not come within the description in Section 450, but jurisdiction as a ward may no longer be required.
(iii)The ward appears to come within the description of Section 300 and cannot be returned home safely.
(B)The court shall set a hearing within 20 judicial days of the date of the order described in subparagraph (A) to review the child welfare services departments decision and may either affirm its decision not to file a petition pursuant to Section 300 or order the child welfare services department to file a petition pursuant to Section 300. The notice of hearing under this subparagraph may be served electronically pursuant to Section 212.5.
(3)Vacate the order terminating jurisdiction over the minor as a dependent of the court, resume jurisdiction pursuant to Section 300 based on the prior petition filed pursuant to Section 325, and terminate the courts jurisdiction over the minor as a ward, if the minor was subject to an order for foster care placement described in Section 11402 as a dependent of the court at the time the court adjudged the minor to be a ward and assumed jurisdiction over the minor under Section 725.
(4)Continue its delinquency jurisdiction over a ward pursuant to Section 303 as a nonminor dependent, as defined in subdivision (v) of Section 11400, who is eligible to remain in foster care pursuant to Section 11403, if the ward is a nonminor and the court did not modify its jurisdiction as described in Section 450, unless the court finds that after reasonable and documented efforts, the ward cannot be located or does not wish to become a nonminor dependent. In making this finding and prior to entering an order terminating its delinquency jurisdiction, the court shall ensure that the ward has had an opportunity to confer with his or her counsel and has been informed of his or her options, including the right to reenter foster care placement by completing a voluntary reentry agreement as described in subdivision (z) of Section 11400 and to file a petition pursuant to subdivision (e) of Section 388 for the court to assume or resume transition jurisdiction over him or her pursuant to Section 450. The fact that a ward declines to be a nonminor dependent does not restrict the authority of the court to maintain delinquency jurisdiction pursuant to Section 607.
(5)Continue its delinquency jurisdiction.
(6)Terminate its delinquency jurisdiction if the ward does not come within the provisions of paragraphs (1) to (4), inclusive.
(c)If the court modifies jurisdiction, its order shall comply with the requirements of subdivision (f) of Section 241.1.
(d)This section shall not be construed as changing the requirements of Section 727.2 or 727.3 with respect to reunification of minors with their families or the establishment of an alternative permanent plan for minors for whom reunification is not pursued.
SEC. 137.Section 630 of the Welfare and Institutions Code is amended to read:630.(a)If the probation officer determines that the minor shall be retained in custody, he or she shall immediately proceed in accordance with Article 16 (commencing with Section 650) to cause the filing of a petition pursuant to Section 656 with the clerk of the juvenile court who shall set the matter for hearing on the detention calendar. Immediately upon filing the petition with the clerk of the juvenile court, if the minor is alleged to be a person described in Section 601 or 602, the probation officer or the prosecuting attorney shall serve the minor with a copy of the petition and notify him or her of the time and place of the detention hearing. The probation officer or the prosecuting attorney shall notify each parent or each guardian of the minor of the time and place of the hearing if the whereabouts of each parent or guardian can be ascertained by due diligence. Notice pursuant to this subdivision may be given orally and shall not be delivered electronically.
(b)In a hearing conducted pursuant to this section, the minor has a privilege against self-incrimination and has a right to confrontation by, and cross-examination of, any person examined by the court as provided in Section 635.
SEC. 138.Section 658 of the Welfare and Institutions Code is amended to read:658.(a)Except as provided in subdivision (b), upon the filing of the petition, the clerk of the juvenile court shall issue a notice, to which shall be attached a copy of the petition, and he or she shall cause the same to be served upon the minor, if the minor is eight or more years of age, and upon each of the persons described in subdivision (e) of Section 656 whose residence addresses are set forth in the petition and thereafter before the hearing upon all persons whose residence addresses become known to the clerk. If the court has ordered the care, custody, and control of the minor to be under the supervision of the probation officer for foster care placement pursuant to subdivision (a) of Section 727, the clerk shall also issue a copy of that notice to any foster parents, preadoptive parents, legal guardians guardians, or relatives providing care to the minor. The clerk shall issue a copy of the petition, to the minors attorney and to 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. Service under this subdivision may be by electronic service pursuant to Section 212.5, except that electronic service is not authorized if the minor is detained and those persons entitled to notice are not present at the initial detention hearing.
(b)Upon the filing of a supplemental petition where the minor has been declared a ward of the court or a probationer under Section 602 in the original matter, the clerk of the juvenile court shall issue a notice, to which shall be attached a copy of the petition, and he or she shall cause the notice to be served upon the minor, if the minor is eight or more years of age, and upon each of the persons described in subdivision (e) of Section 656 whose residence addresses are set forth in the supplemental petition and thereafter known to the clerk. The clerk shall issue a copy of the supplemental petition to the minors attorney, and to the district attorney if the probation officer is the petitioner, or, to the probation officer if the district attorney is the petitioner, containing the time, date, and place of the hearing. If the court has ordered the care, custody, and control of the minor to be under the supervision of the probation officer for foster care placement pursuant to subdivision (a) of Section 727, the clerk shall also issue a copy of that notice to any foster parents, preadoptive parents, legal guardians, or relatives providing care to the minor. Service under this subdivision may be by electronic service pursuant to Section 212.5.
SEC. 139.Section 660 of the Welfare and Institutions Code is amended to read:660.(a)Except as provided in subdivision (b), if the minor is detained, the clerk of the juvenile court shall cause the notice and copy of the petition to be served on all persons required to receive that notice and copy of the petition pursuant to subdivision (e) of Section 656 and Section 658, either personally or by certified mail with request for return receipt, as soon as possible after filing of the petition and at least five days before the time set for hearing, unless the hearing is set less than five days from the filing of the petition, in which case, the notice and copy of the petition shall be served at least 24 hours before the time set for hearing. Service under this subdivision shall not be made by electronic service.
(b)If the minor is detained, and all persons entitled to notice pursuant to subdivision (e) of Section 656 and Section 658 were present at the detention hearing, the clerk of the juvenile court shall cause the notice and copy of the petition to be served on all persons required to receive the notice and copy of the petition, by personal service, by first-class mail, or by electronic service pursuant to Section 212.5, as soon as possible after the filing of the petition and at least five days before the time set for hearing, unless the hearing is set less than five days from the filing of the petition, in which case the notice and copy of the petition shall be served at least 24 hours before the time set for the hearing. Service under this subdivision may be by electronic service pursuant to Section 212.5 except that electronic service is not authorized if the minor is detained and those persons entitled to notice are not present at the detention hearing.
(c)If the minor is not detained, the clerk of the juvenile court shall cause the notice and copy of the petition to be served on all persons required to receive the notice and copy of the petition, by personal service, by first-class mail, or by electronic service pursuant to Section 212.5 at least 10 days before the time set for hearing. If that person is known to reside outside of the county, the clerk of the juvenile court shall serve the notice and copy of the petition, by first-class mail or by electronic service pursuant to Section 212.5, 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 shall in no way result in arrest or detention. In the instance of failure to appear after notice by first-class mail or by electronic service pursuant to Section 212.5, the court shall direct that the notice and copy of the petition is to be personally served on all persons required to receive the notice and a copy of the petition. However, if the whereabouts of the minor are unknown, personal service of the notice and a copy of the petition is not required and a warrant for the arrest of the minor may be issued pursuant to Section 663. 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 or electronic service. 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)For purposes of this section, service on the minors attorney shall constitute service on the minors parent or legal guardian.
SEC. 140.Section 661 of the Welfare and Institutions Code is amended to read:661.(a)In addition to the notice provided in Sections 658 and 659, the juvenile court may issue a citation directing any parent, guardian, or foster parent of the person concerning whom a petition has been filed to appear at the time and place set for any hearing or financial evaluation under the provisions of this chapter, including a hearing under the provisions of Section 257, and directing any person having custody or control of the minor concerning whom the petition has been filed to bring the minor with him or her.
(b)The notice shall in addition state that a parent, guardian, or foster parent may be required to participate in a counseling or education program with the minor concerning whom the petition has been filed.
(c)If the proceeding is one alleging that the minor comes within the provisions of Section 601, the notice shall in addition contain notice to the parent, guardian, or other person having control or charge of the minor that failure to comply with the compulsory school attendance laws is an infraction, which may be charged and prosecuted before the juvenile court judge sitting as a superior court judge. In those cases, the notice shall also include notice that the parent, guardian, or other person having control or charge of the minor has the right to a hearing on the infraction before a judge different than the judge who has heard or is to hear the proceeding pursuant to Section 601. The notice shall also explain the provisions of Section 170.6 of the Code of Civil Procedure.
(d)Personal service of the citation shall be made at least 24 hours before the time stated therein for the appearance. The citation may also be electronically served pursuant to Section 212.5, but only in addition to service by other forms of service required by law.
SEC. 141.Section 727.4 of the Welfare and Institutions Code is amended to read:727.4.(a)(1)Notice of any hearing pursuant to Section 727, 727.2, or 727.3 shall be served by the probation officer to the minor, the minors parent or guardian, any adult provider of care to the minor including, but not limited to, foster parents, relative caregivers, preadoptive parents, resource family, community care facility, or foster family agency, and to the counsel of record if the counsel of record was not present at the time that the hearing was set by the court, by first-class mail addressed to the last known address of the person to be notified, by personal service on those persons, or by electronic service pursuant to Section 212.5, not earlier than 30 days nor later than 15 days preceding the date of the hearing. The notice shall contain a statement regarding the nature of the status review or permanency planning hearing and any change in the custody or status of the minor being recommended by the probation department. The notice shall also include a statement informing the foster parents, relative caregivers, or preadoptive parents that he or she may attend all hearings or may submit any information he or she deems relevant to the court in writing. The foster parents, relative caregiver, and preadoptive parents are entitled to notice and opportunity to be heard but need not be made parties to the proceedings. Proof of notice shall be filed with the court.
(2)If the court or probation officer knows or has reason to know that the minor is or may be an Indian child, any notice sent under this section shall comply with the requirements of Section 224.2.
(b)At least 10 calendar days before each status review and permanency planning hearing, after the hearing during which the court orders that the care, custody, and control of the minor to be under the supervision of the probation officer for placement pursuant to subdivision (a) of Section 727, the probation officer shall file a social study report with the court, pursuant to the requirements listed in Section 706.5.
(c)The probation department shall inform the minor, the minors parent or guardian, and all counsel of record that a copy of the social study prepared for the hearing will be available 10 days before the hearing and may be obtained from the probation officer.
(d)As used in Article 15 (commencing with Section 625) to Article 18 (commencing with Section 725), inclusive:
(1)Foster care means residential care provided in any of the settings described in Section 11402 or 11402.01.
(2)At risk of entering foster care means that conditions within a minors family may necessitate his or her entry into foster care unless those conditions are resolved.
(3)Preadoptive parent means a licensed foster parent who has been approved for adoption by the State Department of Social Services when it is acting as an adoption agency or by a licensed adoption agency.
(4)Date of entry into foster care means the date that is 60 days after the date on which the minor was removed from his or her home, unless one of the exceptions below applies:
(A)If the minor is detained pending foster care placement, and remains detained for more than 60 days, then the date of entry into foster care means the date the court adjudges the minor a ward and orders the minor placed in foster care under the supervision of the probation officer.
(B)If, before the minor is placed in foster care, the minor is committed to a ranch, camp, school, or other institution pending placement, and remains in that facility for more than 60 days, then the date of entry into foster care is the date the minor is physically placed in foster care.
(C)If at the time the wardship petition was filed, the minor was a dependent of the juvenile court and in out-of-home placement, then the date of entry into foster care is the earlier of the date the juvenile court made a finding of abuse or neglect, or 60 days after the date on which the child was removed from his or her home.
(5)Reasonable efforts means:
(A)Efforts made to prevent or eliminate the need for removing the minor from the minors home.
(B)Efforts to make it possible for the minor to return home, including, but not limited to, case management, counseling, parenting training, mentoring programs, vocational training, educational services, substance abuse treatment, transportation, and therapeutic day services.
(C)Efforts to complete whatever steps are necessary to finalize a permanent plan for the minor.
(D)In child custody proceedings involving an Indian child, reasonable efforts shall also include active efforts as defined in Section 361.7.
(6)Relative means an adult who is related to the minor by blood, adoption, or affinity within the fifth degree of kinship including stepparents, stepsiblings, and all relatives whose status is preceded by the words great, great-great, grand, or the spouse of any of these persons even if the marriage was terminated by death or dissolution. Relative shall also include an extended family member as defined in the federal Indian Child Welfare Act (25 U.S.C. Sec. 1903(2)).
(7)Hearing means a noticed proceeding with findings and orders that are made on a case-by-case basis, heard by either of the following:
(A)A judicial officer, in a courtroom, recorded by a court reporter.
(B)An administrative panel, provided that the hearing is a status review hearing and that the administrative panel meets the following conditions:
(i)The administrative review shall be open to participation by the minor and parents or legal guardians and all those persons entitled to notice under subdivision (a).
(ii)The minor and his or her parents or legal guardians receive proper notice as required in subdivision (a).
(iii)The administrative review panel is composed of persons appointed by the presiding judge of the juvenile court, the membership of which shall include at least one person who is not responsible for the case management of, or delivery of services to, the minor or the parents who are the subjects of the review.
(iv)The findings of the administrative review panel shall be submitted to the juvenile court for the courts approval and shall become part of the official court record.
SEC. 142.Section 728 of the Welfare and Institutions Code is amended to read:728.(a)The juvenile court may terminate or modify a guardianship of the person of a minor previously established under the Probate Code, or appoint a coguardian or successor guardian of the person of the minor, if the minor is the subject of a petition filed under Section 300, 601, or 602. If the probation officer supervising the minor provides information to the court regarding the minors present circumstances and makes a recommendation to the court regarding a motion to terminate or modify a guardianship established in any county under the Probate Code, or to appoint a coguardian or successor guardian, of the person of a minor who is before the juvenile court under a petition filed under Section 300, 601, or 602, the court shall order the appropriate county department, or the district attorney or county counsel, to file the recommended motion. The motion may also be made by the guardian or the minors attorney. The hearing on the motion may be held simultaneously with any regularly scheduled hearing held in proceedings to declare the minor a dependent child or ward of the court, or at any subsequent hearing concerning the dependent child or ward. Notice requirements of Section 294 shall apply to the proceedings in juvenile court under this subdivision.
(b)If the juvenile court decides to terminate or modify a guardianship previously established under the Probate Code pursuant to subdivision (a), the juvenile court shall provide notice of that decision to the court in which the guardianship was originally established. The clerk of the superior court, upon receipt of the notice, shall file the notice with other documents and records of the pending proceeding and deliver by first-class mail or by electronic service pursuant to Section 1215 of the Probate Code a copy of the notice to all parties of record in the superior court.
(c)If, at any time during the period a minor under the age of 18 years is a ward of the juvenile court, the probation officer supervising the minor recommends to the court that the court establish a guardianship of the person of the minor and appoint a specific adult to act as guardian, or on the motion of the minors attorney, or on the order of the court that a guardianship shall be established as the minors permanent plan pursuant to paragraph (4) of subdivision (b) of Section 727.3, the court shall set a hearing to consider the recommendation or motion and shall order the clerk to notice the minors parents and relatives as required in Section 294. If the motion is not made by the minors attorney, the court may appoint the district attorney or county counsel to prosecute the action.
(d)The procedures for appointment of a guardian shall be conducted exclusively pursuant to Section 366.26, except that subdivision (j) of Section 366.26 shall not apply.
(e)Upon the appointment of a guardian pursuant to subdivision (d), the court may continue wardship and conditions of probation, or may terminate the wardship of the minor.
(f)Notwithstanding Section 1601 of the Probate Code, the proceedings to modify or terminate a guardianship granted under this section shall be held in the juvenile court unless the termination is due to the emancipation or adoption of the minor.
(g)The Judicial Council shall develop rules of court and adopt appropriate forms for the findings and orders under this section.
SEC. 143.Section 777 of the Welfare and Institutions Code is amended to read:777.An order changing or modifying a previous order by removing a minor from the physical custody of a parent, guardian, relative, or friend and directing placement in a foster home, or commitment to a private institution or commitment to a county institution, or an order changing or modifying a previous order by directing commitment to the Youth Authority shall be made only after a noticed hearing.
(a)The notice shall be made as follows:
(1)By the probation officer where a minor has been declared a ward of the court or a probationer under Section 601 in the original matter and shall contain a concise statement of facts sufficient to support the conclusion that the minor has violated an order of the court.
(2)By the probation officer or the prosecuting attorney if the minor is a court ward or probationer under Section 602 in the original matter and the notice alleges a violation of a condition of probation not amounting to a crime. The notice shall contain a concise statement of facts sufficient to support this conclusion.
(3)Where the probation officer is the petitioner pursuant to paragraph (2), prior to the attachment of jeopardy at the time of the jurisdictional hearing hearing, the prosecuting attorney may make a motion to dismiss the notice and may request that the matter be referred to the probation officer for whatever action the prosecuting or probation officer may deem appropriate.
(b)Upon the filing of such notice, the clerk of the juvenile court shall immediately set the same for hearing within 30 days, and the probation officer shall cause notice of it to be served upon the persons and in the manner prescribed by Sections 658 and 660. Service under this subdivision may be by electronic service pursuant to Section 212.5.
(c)The facts alleged in the notice shall be established by a preponderance of the evidence at a hearing to change, modify, or set aside a previous order. The court may admit and consider reliable hearsay evidence at the hearing to the same extent that such evidence would be admissible in an adult probation revocation hearing, pursuant to the decision in People v. Brown, 215 Cal.App.3d (1989) and any other relevant provision of law.
(d)An order for the detention of the minor pending adjudication of the alleged violation may be made only after a hearing is conducted pursuant to Article 15 (commencing with Section 625) of this chapter. Service under this subdivision may be by electronic service pursuant to Section 212.5, but only in addition to other forms of service required by law.
SEC. 144.Section 778 of the Welfare and Institutions Code is amended to read:778.(a)(1)Any parent or other person having an interest in a child who is a ward of the juvenile court or the child himself or herself through a properly appointed guardian may, upon grounds of change of circumstance or new evidence, petition the court in the same action in which the child was found to be a ward of the juvenile court for a hearing to change, modify, or set aside any order of court previously made or to terminate the jurisdiction of the court. The petition shall be verified and, if made by a person other than the child, shall state the petitioners relationship to or interest in the child and shall set forth in concise language any change of circumstance or new evidence which are alleged to require such change of order or termination of jurisdiction.
(2)If it appears that the best interests of the child may be promoted by the proposed change of order or termination of jurisdiction, the court shall order that a hearing be held and shall give prior notice, or cause prior notice to be given, to such persons and by such means as prescribed by Sections 776 and 779, by electronic service pursuant to Section 212.5, and, in such instances as the means of giving notice is not prescribed by such sections, then by such means as the court prescribes.
(b)(1)Any person, including a ward, a transition dependent, or a nonminor dependent of the juvenile court, may petition the court to assert a relationship as a sibling related by blood, adoption, or affinity through a common legal or biological parent to a child who is, or is the subject of a petition for adjudication as, a ward of the juvenile court, and may request visitation with the ward, placement with or near the ward, or consideration when determining or implementing a case plan or permanent plan for the ward.
(2)A ward, transition dependent, or nonminor dependent of the juvenile court may petition the court to assert a relationship as a sibling related by blood, adoption, or affinity through a common legal or biological parent to a child who is in the physical custody of a common legal or biological parent, and may request visitation with the nondependent sibling in parental custody.
(3)Pursuant to subdivision (b) of Section 16002, a request for sibling visitation may be granted unless it is determined by the court that sibling visitation is contrary to the safety and well-being of any of the siblings.
(4)The court may appoint a guardian ad litem to file the petition for a ward asserting a sibling relationship pursuant to this subdivision if the court determines that the appointment is necessary for the best interests of the ward. The petition shall be verified and shall set forth the following:
(A)Through which parent he or she is related to the sibling.
(B)Whether he or she is related to the sibling by blood, adoption, or affinity.
(C)The request or order that the petitioner is seeking.
(D)Why that request or order is in the best interest of the ward.
SEC. 145.Section 779 of the Welfare and Institutions Code is amended to read:779.The court committing a ward to the Youth Authority may thereafter change, modify, or set aside the order of commitment. Ten days notice of the hearing of the application therefor shall be served upon the Director of the Youth Authority. In changing, modifying, or setting aside the order of commitment, the court shall give due consideration to the effect thereof upon the discipline and parole system of the Youth Authority or of the correctional school in which the ward may have been placed by the Youth Authority. Except as provided in this section, nothing in this chapter shall be deemed to interfere with the system of parole and discharge now or hereafter established by law, or by rule of the Youth Authority, for the parole and discharge of wards of the juvenile court committed to the Youth Authority, or with the management of any school, institution, or facility under the jurisdiction of the Youth Authority. Except as provided in this section, this chapter does not interfere with the system of transfer between institutions and facilities under the jurisdiction of the Youth Authority. This section does not limit the authority of the court to change, modify, or set aside an order of commitment after a noticed hearing and upon a showing of good cause that the Youth Authority is unable to, or failing to, provide treatment consistent with Section 734.
However, before any inmate of a correctional school may be transferred to a state hospital, he or she shall first be returned to a court of competent jurisdiction and, after hearing, may be committed to a state hospital for the insane in accordance with law.
SEC. 146.Section 785 of the Welfare and Institutions Code is amended to read:785.(a)Where a minor is a ward of the juvenile court, the wardship did not result in the minors commitment to the Youth Authority, and the minor is found not to be a fit and proper subject to be dealt with under the juvenile court law with respect to a subsequent allegation of criminal conduct, any parent or other person having an interest in the minor, or the minor, through a properly appointed guardian, the prosecuting attorney, or probation officer, may petition the court in the same action in which the minor was found to be a ward of the juvenile court for a hearing for an order to terminate or modify the jurisdiction of the juvenile court. The court shall order that a hearing be held and shall give prior notice, or cause prior notice to be given, to those persons and by the means prescribed by Sections 776 and 779, by electronic service pursuant to Section 212.5, or where the means of giving notice is not prescribed by those sections, then by such means as the court prescribes.
(b)The petition shall be verified and shall state why jurisdiction should be terminated or modified in concise language.
(c)In determining whether or not the wardship shall terminate or be modified, the court shall be guided by the policies set forth in Section 202.
(d)In addition to its authority under this chapter, the Judicial Council shall adopt rules providing criteria for the consideration of the juvenile court in determining whether or not to terminate or modify jurisdiction pursuant to this section.
SEC. 147.Section 903.45 of the Welfare and Institutions Code is amended to read:903.45.(a)The board of supervisors may designate a county financial evaluation officer pursuant to Section 27750 of the Government Code to make financial evaluations of liability for reimbursement pursuant to Sections 207.2, 903, 903.1, 903.2, 903.25, 903.3, and 903.5, and other reimbursable costs allowed by law, as set forth in this section.
(b)In a county where a board of supervisors has designated a county financial evaluation officer, the juvenile court shall, at the close of the disposition hearing, order any person liable for the cost of support, pursuant to Section 903, the cost of legal services as provided for in Section 903.1, probation costs as provided for in Section 903.2, or any other reimbursable costs allowed under this code, to appear before the county financial evaluation officer for a financial evaluation of his or her ability to pay those costs. If the responsible person is not present at the disposition hearing, the court shall cite him or her to appear for a financial evaluation. In the case of a parent, guardian, or other person assessed for the costs of transport, food, shelter, or care of a minor under Section 207.2 or 903.25, the juvenile court shall, upon request of the county probation department, order the appearance of the parent, guardian, or other person before the county financial evaluation officer for a financial evaluation of his or her ability to pay the costs assessed.
If the county financial evaluation officer determines that a person so responsible has the ability to pay all or part of the costs, the county financial evaluation officer shall petition the court for an order requiring the person to pay that sum to the county or court, depending on which entity incurred the expense. If the parent or guardian is liable for costs for legal services pursuant to Section 903.1, the parent or guardian has been reunified with the child pursuant to a court order, and the county financial evaluation officer determines that repayment of the costs would harm the ability of the parent or guardian to support the child, then the county financial evaluation officer shall not petition the court for an order of repayment, and the court shall not make that order. In addition, if the parent or guardian is currently receiving reunification services, and the court finds, or the county financial officer determines, that repayment by the parent or guardian will pose a barrier to reunification with the child because it will limit the ability of the parent or guardian to comply with the requirements of the reunification plan or compromise the parents or guardians current or future ability to meet the financial needs of the child, or in any case in which the court finds that the repayment would be unjust under the circumstances of the case, then the county financial evaluation officer shall not petition the court for an order of repayment, and the court shall not order repayment by the parent or guardian. In evaluating a persons ability to pay under this section, the county financial evaluation officer and the court shall take into consideration the familys income, the necessary obligations of the family, and the number of persons dependent upon this income. A person appearing for a financial evaluation has the right to dispute the county financial evaluation officers determination, in which case he or she is entitled to a hearing before the juvenile court. The county financial evaluation officer, at the time of the financial evaluation, shall advise the person of his or her right to a hearing and of his or her rights pursuant to subdivision (c).
At the hearing, a person responsible for costs is entitled to have, but shall not be limited to, the opportunity to be heard in person, to present witnesses and other documentary evidence, to confront and cross-examine adverse witnesses, to disclosure of the evidence against him or her, and to receive a written statement of the findings of the court. The person has the right to be represented by counsel, and, if the person is unable to afford counsel, the right to appointed counsel. If the court determines that the person has the ability to pay all or part of the costs, including the costs of any counsel appointed to represent the person at the hearing, the court shall set the amount to be reimbursed and order him or her to pay that sum to the county or court, depending on which entity incurred the expense, in a manner in which the court believes reasonable and compatible with the persons financial ability.
If the person, after having been ordered to appear before the county financial evaluation officer, has been given proper notice and fails to appear as ordered, the county financial evaluation officer shall recommend to the court that the person be ordered to pay the full amount of the costs. Proper notice to the person shall contain all of the following:
(1)That the person has a right to a statement of the costs as soon as it is available.
(2)The persons procedural rights under Section 27755 of the Government Code.
(3)The time limit within which the persons appearance is required.
(4)A warning that if the person fails to appear before the county financial evaluation officer, the officer will recommend that the court order the person to pay the costs in full.
If the county financial evaluation officer determines that the person has the ability to pay all or a portion of these costs, with or without terms, and the person concurs in this determination and agrees to the terms of payment, the county financial evaluation officer, upon his or her written evaluation and the persons written agreement, shall petition the court for an order requiring the person to pay that sum to the county or the court in a manner that is reasonable and compatible with the persons financial ability. This order may be granted without further notice to the person, provided that a copy of the order is served on the person by mail or by electronic means pursuant to Section 212.5.
However, if the county financial evaluation officer cannot reach an agreement with the person with respect to either the liability for the costs, the amount of the costs, the persons ability to pay the costs, or the terms of payment, the matter shall be deemed in dispute and referred by the county financial evaluation officer back to the court for a hearing.
(c)At any time prior to the satisfaction of a judgment entered pursuant to this section, a person against whom the judgment was entered may petition the rendering court to modify or vacate the judgment on the basis of a change in circumstances relating to his or her ability to pay the judgment.
(d)Execution may be issued on the order in the same manner as on a judgment in a civil action, including any balance remaining unpaid at the termination of the courts jurisdiction over the minor.
SEC. 148.Section 5362 of the Welfare and Institutions Code is amended to read:5362.(a)The clerk of the superior court shall notify each conservator, his or her conservatee and the person in charge of the facility in which the person resides, and the conservatees attorney, at least 60 days before the termination of the one-year period. If the conservator is a private party, the clerk of the superior court shall also notify the mental health director and the county officer providing conservatorship investigation pursuant to Section 5355, at least 60 days before the termination of the one-year period. Notification shall be delivered pursuant to Section 1215 of the Probate Code. The notification shall be in substantially the following form:
In the Superior Court of the State of California | |
The people of the State of California | No.____ |
Concerning | Notice of Termination |
of Conservatorship | |
The people of the State of California to : | |
(conservatee, conservatees attorney, conservator, and professional person in charge of the facility in which the conservatee resides, county mental health director, and county officer providing conservatorship investigation.) | |
The one-year conservatorship established for ____ pursuant to
Welfare and Institutions Code Section ____ on ____ will
terminate on ____. If the conservator, ____, wishes to
reestablish conservatorship for another year he or she must petition
the court by ____. Subject to a request for a court hearing by jury
trial the judge may, on his or her own motion, accept or reject the
conservators petition.
If the conservator petitions to reestablish conservatorship the
conservatee, the professional person in charge of the facility in which
he
or she resides, the conservatees attorney, and, if the conservator
is a private party, the county mental health director and the county
officer providing conservatorship investigation shall be notified. If
any of them request it, there shall be a court hearing or a jury trial,
whichever is requested, on the issue of whether the conservatee is
still gravely disabled and in need of conservatorship. If the private
conservator does not petition for reappointment, the county officer
providing conservatorship investigation may recommend another
conservator. Such a petition shall be considered a petition for
reappointment as conservator.
Clerk of the Superior Court by Deputy |
(b)Subject to a request for a court hearing or jury trial, the judge may, on his or her own motion, accept or reject the conservators petition.
If the conservator does not petition to reestablish conservatorship at or before the termination of the one-year period, the court shall issue a decree terminating conservatorship. The decree shall be delivered to the conservator and his or her conservatee pursuant to Section 1215 of the Probate Code and shall be accompanied by a statement of California law as set forth in Section 5368.
(a)In any contested action or special proceeding other than a small claims action or an action or proceeding in which a prevailing party is not represented by counsel, the party submitting an order or judgment for entry shall prepare and serve, a copy of the notice of entry of judgment to all parties who have appeared in the action or proceeding and shall file with the court the original notice of entry of judgment together with the proof of service. This subdivision does not apply in a proceeding for dissolution of marriage, for nullity of marriage, or for legal separation.
(b)Promptly upon entry of judgment in a contested action or special proceeding in which a prevailing party is not represented by counsel, the clerk of the court shall serve notice of entry of judgment to all parties who have appeared in the action or special proceeding and shall execute a certificate of service and place it in the courts file in the cause.
(c)For purposes of this section, judgment includes any judgment, decree, or signed order from which an appeal lies.
(d)Upon order of the court in any action or special proceeding, the clerk shall serve notice of entry of any judgment or ruling, whether or not appealable.
(e)The Judicial Council shall provide by rule of court that, upon entry of judgment in a contested action or special proceeding in which a state statute or regulation has been declared unconstitutional by the court, the Attorney General is promptly notified of the judgment and that a certificate of that service is placed in the courts file in the cause.
SEC. 2.Section 1010.6 of the Code of Civil Procedure is amended to read:1010.6.(a)A document may be served electronically in an action filed with the court as provided in this section, in accordance with rules adopted pursuant to subdivision (e).
(1)For purposes of this section:
(A)Electronic service means service of a document, on a party or other person, by either electronic transmission or electronic notification. Electronic service may be performed directly by a party or other person, by an agent of a party or other person, including the partys or other persons attorney, or through an electronic filing service provider.
(B)Electronic transmission means the transmission of a document by electronic means to the electronic service address at or through which a party or other person has authorized electronic service.
(C)Electronic notification means the notification of the party or other person that a document is served by sending an electronic message to the electronic address at or through which the party or other person has authorized electronic service, specifying the exact name of the document served, and providing a hyperlink at which the served document may be viewed and downloaded.
(2)(A)If a document may be served by mail, express mail, overnight delivery, or facsimile transmission, electronic service of the document is not authorized when unless a party or other person has agreed to accept service electronically in that expressly consented on the appropriate Judicial Council form to receive electronic delivery in that specific action or when a the court has ordered electronic service on a represented party or other represented person under subdivision (c) or (d).
(B)If a document is required to be served by certified or registered mail, electronic service of the document is not authorized.
(3)In any action in which a party or other person has agreed provided express consent to accept electronic service under paragraph (2), or in which the court has ordered electronic service on a represented party or other represented person under subdivision (c) or (d), the court may electronically serve any document issued by the court that is not required to be personally served in the same manner that parties electronically serve documents. The electronic service of documents by the court shall have the same legal effect as service by mail, except as provided in paragraph (4).
(4)(A)Electronic If a document may be served by mail, express mail, overnight delivery, or facsimile transmission, electronic service of a that document is deemed complete at the time of the electronic transmission of the document or at the time that the electronic notification of service of the document is sent. However, any
(B)Any period of notice, or any right or duty to do any act or make any response within any period or on a date certain after the service of the document, which time period or date is prescribed by statute or rule of court, shall be extended after service by electronic means by two court days, but the extension shall not apply to extend the time for filing any of the following:
(i)A notice of intention to move for new trial.
(ii)A notice of intention to move to vacate judgment under Section 663a.
(iii)A notice of appeal.
(B)(C)This extension applies in the absence of a specific exception provided by any other statute or rule of court.
(5)Any document that is served electronically between 12:00 a.m. and 11:59:59 p.m. on a court day shall be deemed served on that court day. Any document that is served electronically on a noncourt day shall be deemed served on the next court day.
(6)A party or other person who has provided express consent to accept service electronically may withdraw consent at any time by completing and filing with the court the appropriate Judicial Council form. The Judicial Council shall create the form by January 1, 2019.
(7)Consent, or the withdrawal of consent, to receive electronic service shall be filed with the court only by a party or other person entitled to service or that persons attorney.
(8)Confidential or sealed records shall be electronically served through encrypted methods to ensure that the documents are not improperly disclosed.
(b)A trial court may adopt local rules permitting electronic filing of documents, subject to rules adopted pursuant to subdivision (e) and the following conditions:
(1)A document that is filed electronically shall have the same legal effect as an original paper document.
(2)(A)When a document to be filed requires the signature of any person, not under penalty of perjury, the document shall be deemed to have been signed by the person who filed the document electronically.
(B)When a document to be filed requires the signature, under penalty of perjury, of any person, the document shall be deemed to have been signed by that person if filed electronically and if either of the following conditions is satisfied:
(i)The person has signed a printed form of the document before or on the same day as, the date of filing. The attorney or other person filing the document represents, by the act of filing, that the declarant has complied with this section. The attorney or other person filing the document shall maintain the printed form of the document bearing the original signature until final disposition of the case, as defined in subdivision (c) of Section 68151 of the Government Code, and make it available for review and copying upon the request of the court or any party to the action or proceeding in which it is filed.
(ii)The person has signed the document using a computer or other technology in accordance with procedures, standards, and guidelines established by the Judicial Council pursuant to this section. pursuant to the procedure set forth in a rule of court adopted by the Judicial Council by January 1, 2019.
(3)Any document received electronically by the court between 12:00 a.m. and 11:59:59 p.m. on a court day shall be deemed filed on that court day. Any document that is received electronically on a noncourt day shall be deemed filed on the next court day.
(4)The court receiving a document filed electronically shall issue a confirmation that the document has been received and filed. The confirmation shall serve as proof that the document has been filed.
(5)Upon electronic filing of a complaint, petition, or other document that must be served with a summons, a trial court, upon request of the party filing the action, shall issue a summons with the court seal and the case number. The court shall keep the summons in its records and may electronically transmit a copy of the summons to the requesting party. Personal service of a printed form of the electronic summons shall have the same legal effect as personal service of an original summons. If a trial court plans to electronically transmit a summons to the party filing a complaint, the court shall immediately, upon receipt of the complaint, notify the attorney or party that a summons will be electronically transmitted to the electronic address given by the person filing the complaint.
(6)The court shall permit a party or attorney to file an application for waiver of court fees and costs, in lieu of requiring the payment of the filing fee, as part of the process involving the electronic filing of a document. The court shall consider and determine the application in accordance with Article 6 (commencing with Section 68630) of Chapter 2 of Title 8 of the Government Code and shall not require the party or attorney to submit any documentation other than that set forth in Article 6 (commencing with Section 68630) of Chapter 2 of Title 8 of the Government Code. Nothing in this section shall require the court to waive a filing fee that is not otherwise waivable.
(7)A fee, if any, charged by the court, an electronic filing manager, or an electronic filing service provider to process a payment for filing fees and other court fees shall not exceed the costs incurred in processing the payment.
(c)If a trial court adopts rules conforming to subdivision (b), it may provide by order that all parties to an action file and serve documents electronically in a class action, a consolidated action, a group of actions, a coordinated action, or an action that is deemed complex under Judicial Council rules, provided that the trial courts order does not cause undue hardship or significant prejudice to any party in the action.
(d)A superior court trial court may, by local rule, require electronic filing and service in civil actions, subject to the requirements and conditions stated in subdivision (b), the rules adopted by the Judicial Council under subdivision (f), and the following conditions:
(1)The court shall have the ability to maintain the official court record in electronic format for all cases where electronic filing is required.
(2)The court and the parties shall have access to more than one electronic filing service provider capable of electronically filing documents with the court or to electronic filing access directly through the court. The court may charge fees of no more than the actual cost of the electronic filing and service of the documents. Any fees charged by an electronic filing service provider shall be reasonable. The court, an electronic filing manager, or an electronic filing service provider shall waive any fees charged if the court deems a waiver appropriate, including in instances where a party has received a fee waiver.
(3)The court shall have a procedure for the filing of nonelectronic documents in order to prevent the program from causing undue hardship or significant prejudice to any party in an action, including, but not limited to, unrepresented parties. The Judicial Council shall make a form available to allow a party to seek an exemption from mandatory electronic filing and service on the grounds provided in this paragraph.
(4)Unrepresented persons are exempt from mandatory electronic filing and service.
(e)The Judicial Council shall adopt uniform rules for the electronic filing and service of documents in the trial courts of the state, which shall include statewide policies on vendor contracts, privacy, and access to public records, and rules relating to the integrity of electronic service. These rules shall conform to the conditions set forth in this section, as amended from time to time.
(f)The Judicial Council shall adopt uniform rules to permit the mandatory electronic filing and service of documents for specified civil actions in the trial courts of the state, which shall include statewide policies on vendor contracts, privacy, access to public records, unrepresented parties, parties with fee waivers, hardships, reasonable exceptions to electronic filing, and rules relating to the integrity of electronic service. These rules shall conform to the conditions set forth in this section, as amended from time to time.
SEC. 3.Section 1011 of the Code of Civil Procedure is amended to read:1011.The service may be personal, by delivery to the party or attorney on whom the service is required to be made, or it may be as follows:
(a)If upon an attorney, service may be made at the attorneys office, by leaving the notice or other papers in an envelope or package clearly labeled to identify the attorney being served, with a receptionist or with a person having charge thereof. If there is no person in the office with whom the notice or papers may be left for purposes of this subdivision at the time service is to be effected, service may be made by leaving them between the hours of nine in the morning and five in the afternoon, in a conspicuous place in the office, or, if the attorneys office is not open so as to admit of that service, then service may be made by leaving the notice or papers at the attorneys residence, with some person of not less than 18 years of age, if the attorneys residence is in the same county with his or her office, and, if the attorneys residence is not known or is not in the same county with his or her office, or being in the same county it is not open, or a person 18 years of age or older cannot be found at the attorneys residence, then service may be made by putting the notice or papers, enclosed in a sealed envelope, into the post office or a mail box, subpost office, substation, or mail chute or other like facility regularly maintained by the Government of the United States directed to the attorney at his or her office, if known and otherwise to the attorneys residence, if known. If neither the attorneys office nor residence is known, service may be made by delivering the notice or papers to the address of the attorney or party of record as designated on the court papers, or by delivering the notice or papers to the clerk of the court, for the attorney.
(b)If upon a party, service shall be made in the manner specifically provided in particular cases, or, if no specific provision is made, service may be made by leaving the notice or other paper at the partys residence, between the hours of eight in the morning and six in the evening, with some person of not less than 18 years of age. If, at the time of attempted service between those hours, a person 18 years of age or older cannot be found at the partys residence, the notice or papers may be served by mail. If the partys residence is not known, service may be made by delivering the notice or papers to the clerk of the court, for that party.
(c)Electronic service shall be permitted pursuant to Section 1010.6 and under the rules on electronic service in the California Rules of Court.(c)If service is made by electronic service, it shall be made pursuant to Section 1010.6 and applicable rules on electric service in the California Rules of Court.
SEC. 4.Section 1013b is added to the Code of Civil Procedure, to read:1013b.(a)Proof of electronic service may be made by any of the methods:
(1)An affidavit setting forth the exact title of the document served and filed in the cause, showing the name and residence or business address of the person making the service, showing that he or she is a resident of or employed in the county where the filing occurs, and that he or she is over the age of 18 years.
(2)A certificate setting forth the exact title of the document served and filed in the cause, showing the name and business address of the person making the service, and showing that he or she is an active member of the State Bar of California.
(3)An affidavit setting forth the exact title of the document served and filed in the cause, showing (A) the name and residence or business address of the person making the service, (B) that he or she is a resident of, or employed in, the county where the filing occurs, (C) that he or she is over the age of 18 years, (D) that he or she is readily familiar with the business practice for filing electronically, and (E) that the document would be electronically filed that same day in the ordinary course of business following ordinary business practices.
(4)In case of service by the clerk of a court of record, a certificate by that clerk setting forth the exact title of the document served and filed in the cause, showing the name of the clerk and the name of the court of which he or she is the clerk.
(b)Proof of electronic service shall include all of the following:
(1)The electronic service address and the residence or business address of the person making the service.
(2)The date of electronic service.
(3)The name and electronic service address of the person served.
(4)A statement that the document was served electronically.
(c)Proof of electronic service shall be signed as provided in subparagraph (B) of paragraph (2) of subdivision (b) of Section 1010.6.
(d)Proof of electronic service may be in electronic form and may be filed electronically with the court.
SEC. 4.5.Section 1020 of the Code of Civil Procedure is amended to read:1020.(a)Any notice required by law, other than those required to be given to a party to an action or to his attorney, the service of which is not governed by the other sections of this chapter and which is not otherwise specifically provided for by law, may be given by sending the same by registered mail with proper postage prepaid addressed to the addressees last known address with request for return receipt, and the production of a returned receipt purporting to be signed by the addressee shall create a disputable presumption that such notice was received by the person to whom the notice was required to be sent.
(b)Electronic service is not authorized for a notice that requires certified or registered mail. This subdivision shall become inoperative on January 1, 2022.
SEC. 5.Section 690.5 is added to the Penal Code, to read:690.5.(a)Subdivisions (a) and (b) of Section 1010.6 of the Code of Civil Procedure, pertaining to the permissive filing and service of documents, are applicable to criminal actions, except as otherwise provided in Section 959.1 or any other provision of this code.
(b)The Judicial Council shall adopt uniform rules for the electronic filing and service of documents in criminal cases in the trial courts of this state.
SEC. 6.Section 331 of the Probate Code is amended to read:331.(a)This section applies only to a safe deposit box in a financial institution held by the decedent in the decedents sole name, or held by the decedent and others where all are deceased. Nothing in this section affects the rights of a surviving coholder.
(b)A person who has a key to the safe deposit box may, before letters have been issued, obtain access to the safe deposit box only for the purposes specified in this section by providing the financial institution with both of the following:
(1)Proof of the decedents death. Proof shall be provided by a certified copy of the decedents death certificate or by a written statement of death from the coroner, treating physician, or hospital or institution where the decedent died.
(2)Reasonable proof of the identity of the person seeking access. Reasonable proof of identity is provided for the purpose of this paragraph if the requirements of Section 13104 are satisfied.
(c)The financial institution has no duty to inquire into the truth of any statement, declaration, certificate, affidavit, or document offered as proof of the decedents death or proof of identity of the person seeking access.
(d)If the person seeking access has satisfied the requirements of subdivision (b), the financial institution shall do all of the following:
(1)Keep a record of the identity of the person.
(2)Permit the person to open the safe deposit box under the supervision of an officer or employee of the financial institution, and to make an inventory of its contents.
(3)Make a photocopy of all wills and trust instruments removed from the safe deposit box, and keep the photocopy in the safe deposit box until the contents of the box are removed by the personal representative of the estate or other legally authorized person. The financial institution may charge the person given access a reasonable fee for photocopying.
(4)Permit the person given access to remove instructions for the disposition of the decedents remains, and, after a photocopy is made, to remove the wills and trust instruments.
(e)The person given access shall deliver all wills found in the safe deposit box to the clerk of the superior court and deliver a copy pursuant to Section 1215 to the person named in the will as executor or beneficiary as provided in Section 8200.
(f)Except as provided in subdivision (d), the person given access shall not remove any of the contents of the decedents safe deposit box.
SEC. 7.Section 366 of the Probate Code is amended to read:366.Notice of a hearing under this part shall be delivered pursuant to Section 1215 at least 15 days before the hearing to each fiduciary and consultant, and to the following persons:
(a)In the case of a trust, to each known beneficiary, subject to the provisions of Chapter 2 (commencing with Section 15800) of Part 3 of Division 9.
(b)In the case of a decedents estate, as provided in Section 1220, to both of the following:
(1)Each known heir whose interest in the estate would be affected by the proceedings.
(2)Each known devisee whose interest in the estate would be affected by the proceedings.
(c)In the case of a guardianship or conservatorship estate, as provided in Section 1460.
(d)In other cases, to any additional interested persons required by the court to receive notice.
SEC. 8.Section 453 of the Probate Code is amended to read:453.(a)On petition of a person required to appear before the probate referee pursuant to this chapter, the court may make a protective order to protect the person from annoyance, embarrassment, or oppression. The petitioner shall deliver pursuant to Section 1215 notice of the hearing on the petition to the probate referee and to the personal representative, guardian, conservator, or other fiduciary at least 15 days before the date set for the hearing. Any subpoena issued by the probate referee is stayed during the pendency of the petition.
(b)On petition of the probate referee, the court may make an order to show cause why a person who is required, but fails, to appear before the probate referee pursuant to this chapter, should not be compelled to do so. The probate referee shall deliver pursuant to Section 1215 notice of the hearing on the petition to the person at least 15 days before the date set for the hearing.
SEC. 9.Section 711 of the Probate Code is amended to read:711.If a document deposited with an attorney is lost or destroyed, the attorney shall give notice of the loss or destruction to the depositor by one of the following methods:
(a)By delivering pursuant to Section 1215 the notice to the depositors last known address.
(b)By the method most likely to give the depositor actual notice.
SEC. 10.Section 715 of the Probate Code is amended to read:715.An attorney may give written notice to a depositor, and obtain written acknowledgment from the depositor, in the following form:
NOTICE AND ACKNOWLEDGMENT |
To: | (Name of depositor) |
(Address) |
(City, state, and ZIP) |
(Electronic address) |
I have accepted your will or other estate planning document for safekeeping. I must use ordinary care for preservation of the document.
You must keep me advised of any change in your addresses shown above. If you do not and I cannot return this document to you when necessary, I will no longer be required to use ordinary care for preservation of the document, and I may transfer it to another attorney, or I may transfer it to the clerk of the superior court of the county of your last known domicile, and give notice of the transfer to the State Bar of California.
(Signature of attorney) |
(Address of attorney) |
(City, state, ZIP) |
(Electronic address) |
My addresses shown above are correct. I understand that I must keep you advised of any change in these addresses.
Dated: |
(Signature of depositor) |
(a)An attorney may terminate a deposit under this section if the attorney has delivered notice pursuant to Section 1215 to reclaim the document to the depositors last known address and the depositor has failed to reclaim the document within 90 days after delivery.
(b)Subject to subdivision (f), an attorney may terminate a deposit under this section by transferring the document to another attorney. All documents transferred under this subdivision shall be transferred to the same attorney.
(c)Subject to subdivision (f), if an attorney is deceased, lacks legal capacity, or is no longer an active member of the State Bar, a deposit may be terminated under this section by transferring the document to the clerk of the superior court of the county of the depositors last known domicile. The attorney shall advise the clerk that the document is being transferred pursuant to this section.
(d)An attorney may not accept a fee or compensation from a transferee for transferring a document under this section. An attorney may charge a fee for receiving a document under this section.
(e)Transfer of a document by an attorney under this section is not a waiver or breach of any privilege or confidentiality associated with the document, and is not a violation of the rules of professional conduct. If the document is privileged under Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code, the document remains privileged after the transfer.
(f)If the document is a will and the attorney has actual notice that the depositor has died, the attorney may terminate a deposit only as provided in Section 734.
SEC. 12.Section 733 of the Probate Code is amended to read:733.(a)An attorney transferring one or more documents under Section 732 shall deliver notice pursuant to Section 1215 of the transfer to the State Bar of California. The notice shall contain all of the following information:
(1)The name of the depositor.
(2)The date of the transfer.
(3)The name, address, and State Bar number of the transferring attorney.
(4)Whether any documents are transferred to an attorney, and the name, address, and State Bar number of the attorney to whom the documents are transferred.
(5)Whether any documents are transferred to a superior court clerk.
(b)The State Bar shall record only one notice of transfer for each transferring attorney. The State Bar shall prescribe the form for the notice of transfer. On request by any person, the State Bar shall give that person information in the notice of transfer. At its sole election, the State Bar may give the information orally or in writing.
SEC. 13.Section 1050 of the Probate Code is amended to read:1050.The judgment roll in a proceeding under this code consists of the following papers, where applicable:
(a)In all cases:
(1)The petition, application, report, or account that initiates a particular proceeding.
(2)Any order directing notice of the hearing to be given.
(3)Any notice of the hearing, and any order to show cause made in the proceeding, with the affidavits showing publication, posting, or delivery pursuant to Section 1215 of the notice or order as may be required by law or court order.
(4)Any citation, in case no answer or written opposition is filed by a party entitled, by law or court order, to notice of the proceeding by citation, with the affidavit or proof of service and, if service of the citation is made by publication, the affidavit of publication and the order directing publication.
(5)Any finding of the court or referee in the proceeding.
(6)The order or statement of decision made in the proceeding.
(7)Any letters, as defined in Section 52.
(b)If an answer, demurrer, written opposition, or counter petition is filed in a proceeding:
(1)Pleadings and papers in the nature of pleadings.
(2)Any orders striking out a pleading in whole or in part.
(3)Any order made on demurrer, or relating to a change of parties, in the proceeding.
(4)The verdict of the jury, if any.
(c)If the proceeding is for the probate of a will, the will.
(d)If the proceeding is a contest of a will, for the revocation of the probate of a will, or for a preliminary or final distribution of the estate under a will:
(1)The will.
(2)The order admitting the will to probate.
(e)If the proceeding is for the settlement of the final account of a personal representative or for the final distribution of an estate, the affidavit showing publication of notice to creditors.
SEC. 14.Section 1209 of the Probate Code is amended to read:1209.(a)If notice is required to be given to the State of California, the notice shall be given to the Attorney General.
(b)If notice is required to be given to the Attorney General, the notice shall be delivered pursuant to Section 1215 to the Attorney General at the office of the Attorney General at Sacramento, California.
SEC. 15.Section 1212 of the Probate Code is amended to read:1212.Unless the court dispenses with the notice, if the address of the person to whom a notice or other paper is required to be delivered pursuant to Section 1215 is not known, notice shall be given as the court may require in the manner provided in Section 413.30 of the Code of Civil Procedure.
SEC. 16.Section 1213 of the Probate Code is amended to read:1213.(a)The following persons shall deliver pursuant to Section 1215 a notice, as described in Section 1211, to a surety who has filed a court bond in a proceeding:
(1)A person who files a petition to surcharge.
(2)A person who files an objection to an account.
(3)A person who files a petition to suspend or remove a guardian, conservator, or personal representative.
(4)An attorney who files a motion to withdraw from representation of a guardian, conservator, or personal representative.
(b)Within five days after entry of an order to suspend or remove a guardian, conservator, or personal representative, the person who filed a petition to suspend or remove a guardian or, if the order to suspend or remove a guardian, conservator, or personal representative was issued upon a motion by the court, the court, shall notify pursuant to Section 1215 the surety who has filed a court bond of the order.
(c)The notice required by this section shall be delivered pursuant to Section 1215 to the addressee listed on the surety bond.
(d)Notwithstanding subdivisions (a) and (b), notice is not required to a surety pursuant to this section if the surety bond is for a guardian, conservator, or personal representative who is not the subject of the petition, motion, or order described in this section.
SEC. 17.Section 1214 of the Probate Code is amended to read:1214.If a notice or other paper is required or permitted to be served or delivered pursuant to Section 1215 to a person who is represented by an attorney of record, the notice or other paper shall also be delivered pursuant to Section 1215 to this attorney, unless otherwise specified in a request for special notice.
SEC. 18.Section 1215 of the Probate Code is amended to read:1215.Unless otherwise expressly provided, a notice or other paper that is required or permitted to be delivered to a person shall be delivered pursuant to one of the following methods:
(a)Delivery by mail.
(1)A notice or other paper shall be delivered by mail as follows:
(A)By first-class mail if the persons address is within the United States. First-class mail includes certified, registered, and express mail.
(B)By international mail if the persons address is not within the United States. International mail includes first-class mail international, priority mail international, priority mail express international, and global express guaranteed.
(2)The notice or other paper shall be deposited for collection in the United States mail, in a sealed envelope, with postage paid, addressed to the person to whom it is mailed.
(3)Subject to Section 1212, the notice or other paper shall be addressed to the person at the persons place of business or place of residence.
(4)Delivery by mail is complete when the notice or other paper is deposited in the mail and the mail. The period of notice is not extended.
(b)Personal delivery.
(1)A notice or other paper may be delivered personally to that person.
(2)Personal delivery is complete when the notice or other paper is delivered personally to the person who is to receive it.
(c)Electronic delivery.
(1)A notice or other paper may shall not be delivered by electronic means if unless the person to receive notice has expressly consented to receive electronic delivery in the proceeding before the court on the appropriate Judicial Council form to receive electronic delivery in the proceeding before the court and has provided an electronic address for that express purpose.
(2)Electronic delivery is complete when the notice or other paper is sent and the sent. The period of notice is not extended. If notice is required to be sent by certified or registered mail, electronic delivery is complete when the person receiving notice sends an electronic receipt and the receipt is received by the sender.
(3)Electronic delivery is not permitted for a notice or other paper that requires delivery by certified or registered mail.
SEC. 19.Section 1216 of the Probate Code is repealed.SEC. 20.Section 1217 of the Probate Code is amended to read:1217.If a notice or other paper is required to be served or otherwise given and no other manner of giving the notice or other paper is specified by statute, the notice or other paper shall be delivered pursuant to Section 1215.
SEC. 21.Section 1220 of the Probate Code is amended to read:1220.(a)If notice of hearing is required to be given as provided in this section:
(1)At least 15 days before the time set for the hearing, the petitioner or the person filing the report, account, or other paper shall cause notice of the time and place of the hearing to be delivered pursuant to Section 1215 to the persons required to be given notice.
(2)Unless the statute requiring notice specifies the persons to be given notice, notice shall be delivered pursuant to Section 1215 to all of the following:
(A)The personal representative.
(B)All persons who have requested special notice in the estate proceeding pursuant to Section 1250.
(3)Subject to Section 1212, the notice shall be delivered pursuant to Section 1215 to the person required to be given notice at the persons place of business, place of residence, or electronic address.
(b)Subject to subdivision (c), this section does not excuse compliance with the requirements for notice to a person who has requested special notice pursuant to Chapter 6 (commencing with Section 1250).
(c)The court for good cause may dispense with the notice otherwise required to be given to a person as provided in this section.
SEC. 22.Section 1250 of the Probate Code is amended to read:1250.(a)At any time after the issuance of letters in a proceeding under this code for the administration of a decedents estate, any person interested in the estate, whether as devisee, heir, creditor, beneficiary under a trust, or as otherwise interested, may in person or by attorney, file with the court clerk a written request for special notice.
(b)The request for special notice shall be so entitled and shall set forth the name of the person and the address to which notices shall be delivered pursuant to Section 1215.
(c)Special notice may be requested of one or more of the following matters:
(1)Petitions filed in the administration proceeding.
(2)Inventories and appraisals of property in the estate, including any supplemental inventories and appraisals.
(3)Objections to an appraisal.
(4)Accounts of a personal representative.
(5)Reports of status of administration.
(d)Special notice may be requested of any matter in subdivision (c) by describing it, or of all the matters in subdivision (c) by referring generally to the matters described in subdivision (c) of Section 1250 of the Probate Code or by using words of similar meaning.
(e)A copy of the request shall be delivered pursuant to Section 1215 to the personal representative or to the attorney for the personal representative. If personally delivered, the request is effective when it is delivered. If mailed or electronically delivered, the request is effective when it is received.
(f)If the original of the request is filed with the court clerk, it shall be accompanied by a written admission or proof of service.
SEC. 23.Section 1252 of the Probate Code is amended to read:1252.(a)Unless the court makes an order dispensing with the notice, if a request has been made pursuant to Section 1250 for special notice of a hearing, the person filing the petition, report, account, or other paper shall give written notice of the filing, together with a copy of the petition, report, account, or other paper, and the time and place set for the hearing, by delivering the documents pursuant to Section 1215 to the person named in the request at the address set forth in the request, at least 15 days before the time set for the hearing.
(b)If a request has been made pursuant to Section 1250 for special notice of the filing of an inventory and appraisal of the estate or of the filing of any other paper that does not require a hearing, the inventory and appraisal or other paper shall be delivered pursuant to Section 1215 not later than 15 days after the inventory and appraisal or other paper is filed with the court.
SEC. 24.Section 1265 of the Probate Code is amended and renumbered to read:1266.Proof of notice, however given, may be made by evidence presented at the hearing.
SEC. 25.Section 1265 is added to the Probate Code, to read:1265.Proof of electronic delivery may be made in the manner prescribed in Section 1013b of the Code of Civil Procedure.
SEC. 26.Section 1460 of the Probate Code is amended to read:1460.(a)Subject to Sections 1202 and 1203, if notice of hearing is required under this division but the applicable provision does not fix the manner of giving notice of hearing, the notice of the time and place of the hearing shall be given at least 15 days before the day of the hearing as provided in this section.
(b)Subject to subdivision (e), the petitioner, who includes, for purposes of this section, a person filing a petition, report, or account, shall cause the notice of hearing to be delivered pursuant to Section 1215, to each of the following persons:
(1)The guardian or conservator.
(2)The ward or the conservatee.
(3)The spouse of the ward or conservatee, if the ward or conservatee has a spouse, or the domestic partner of the conservatee, if the conservatee has a domestic partner.
(4)Any person who has requested special notice of the matter, as provided in Section 2700.
(5)For any hearing on a petition to terminate a guardianship, to accept the resignation of, or to remove the guardian, the persons described in subdivision (c) of Section 1510.
(6)For any hearing on a petition to terminate a conservatorship, to accept the resignation of, or to remove the conservator, the persons described in subdivision (b) of Section 1821.
(c)The clerk of the court shall cause the notice of the hearing to be posted as provided in Section 1230 if the posting is required by subdivision (c) of Section 2543.
(d)Except as provided in subdivision (e), this section does not excuse compliance with the requirements for notice to a person who has requested special notice pursuant to Chapter 10 (commencing with Section 2700) of Part 4.
(e)The court, for good cause, may dispense with the notice otherwise required to be given to a person as provided in this section.
SEC. 27.Section 1461 of the Probate Code is amended to read:1461.(a)As used in this section, director means:
(1)The Director of State Hospitals when the state hospital referred to in subdivision (b) is under the jurisdiction of the State Department of State Hospitals.
(2)The Director of Developmental Services when the state hospital referred to in subdivision (b) is under the jurisdiction of the State Department of Developmental Services.
(b)Notice of the time and place of hearing on the petition, report, or account, and a copy of the petition, report, or account, shall be delivered pursuant to Section 1215 to the director at the directors office in Sacramento or to the electronic address designated by the director for receipt of notice pursuant to this code, at least 15 days before the hearing if both of the following conditions exist:
(1)The ward or conservatee is or has been during the guardianship or conservatorship proceeding a patient in, or on leave from, a state hospital under the jurisdiction of the State Department of State Hospitals or the State Department of Developmental Services.
(2)The petition, report, or account is filed under any one or more of the following provisions: Section 1510, 1820, 1861, 2212, 2403, 2421, 2422, or 2423; Article 7 (commencing with Section 2540) of Chapter 6 of Part 4; Section 2580, 2592, or 2620; Chapter 9.5 (commencing with Section 2670) of Part 4; Section 3080 or 3088; or Chapter 3 (commencing with Section 3100) of Part 6. Notice under this section is not required in the case of an account pursuant to Section 2620 if the total guardianship or conservatorship assets are less than one thousand five hundred dollars ($1,500) and the gross annual income, exclusive of any public assistance income, is less than six thousand dollars ($6,000), and the ward or conservatee is not a patient in, or on leave or on outpatient status from, a state hospital at the time of the filing of the petition.
(c)If the ward or conservatee has been discharged from the state hospital, the director, upon ascertaining the facts, may file with the court a certificate stating that the ward or conservatee is not indebted to the state and waive the giving of further notices under this section. Upon the filing of the certificate of the director, compliance with this section thereafter is not required unless the certificate is revoked by the director and notice of the revocation is filed with the court.
(d)The statute of limitations does not run against any claim of the State Department of State Hospitals or the State Department of Developmental Services against the estate of the ward or conservatee for board, care, maintenance, or transportation with respect to an account that is settled without giving the notice required by this section.
SEC. 28.Section 1461.4 of the Probate Code is amended to read:1461.4.(a)The petitioner shall deliver pursuant to Section 1215 a notice of the hearing and a copy of the petition to the director of the regional center for the developmentally disabled at least 30 days before the day of the hearing on a petition for appointment in any case in which all of the following conditions exist:
(1)The proposed ward or conservatee has developmental disabilities.
(2)The proposed guardian or conservator is not the natural parent of the proposed ward or conservatee.
(3)The proposed guardian or conservator is a provider of board and care, treatment, habilitation, or other services to persons with developmental disabilities or is a spouse or employee of a provider.
(4)The proposed guardian or conservator is not a public entity.
(b)The regional center shall file a written report and recommendation with the court regarding the suitability of the petitioners to meet the needs of the proposed ward or conservatee in any case described in subdivision (a).
SEC. 29.Section 1461.5 of the Probate Code is amended to read:1461.5.Notice of the time and place of hearing on a petition, report, or account, and a notice of the filing of an inventory, together with a copy of the petition, report, inventory, or account, shall be delivered pursuant to Section 1215 to the office of the Veterans Administration having jurisdiction over the area in which the court is located at least 15 days before the hearing, or within 15 days after the inventory is filed, if both of the following conditions exist:
(a)The guardianship or conservatorship estate consists or will consist wholly or in part of any of the following:
(1)Money received from the Veterans Administration.
(2)Revenue or profit from such money or from property acquired wholly or in part from such money.
(3)Property acquired wholly or in part with such money or from such property.
(b)The petition, report, inventory, or account is filed under any one or more of the following provisions: Section 1510, 1601, 1820, 1861, 1874, 2422, or 2423; Article 7 (commencing with Section 2540) of Chapter 6 of Part 4; Section 2570, 2571, 2580, 2592, 2610, 2613, or 2620; Chapter 8 (commencing with Section 2640) of Part 4; Chapter 9.5 (commencing with Section 2670) of Part 4; Section 3080 or 3088; or Chapter 3 (commencing with Section 3100) of Part 6.
SEC. 30.Section 1511 of the Probate Code is amended to read:1511.(a)Except as provided in subdivisions (f) and (g), at least 15 days before the hearing on the petition for the appointment of a guardian, notice of the time and place of the hearing shall be given as provided in subdivisions (b), (c), (d), and (e) of this section. The notice shall be accompanied by a copy of the petition. The court shall not shorten the time for giving the notice of hearing under this section.
(b)Notice shall be served in the manner provided in Section 415.10 or 415.30 of the Code of Civil Procedure, or in any manner authorized by the court, on all of the following persons:
(1)The proposed ward if 12 years of age or older.
(2)Any person having legal custody of the proposed ward, or serving as guardian of the estate of the proposed ward.
(3)The parents of the proposed ward.
(4)Any person nominated as a guardian for the proposed ward under Section 1500 or 1501.
(c)Notice shall be delivered pursuant to Section 1215 to the addresses stated in the petition, or in any manner authorized by the court, to all of the following:
(1)The spouse named in the petition.
(2)The relatives named in the petition, except that if the petition is for the appointment of a guardian of the estate only the court may dispense with the giving of notice to any one or more or all of the relatives.
(3)The person having the care of the proposed ward if other than the person having legal custody of the proposed ward.
(d)If notice is required by Section 1461 or 1542 to be given to the Director of State Hospitals or the Director of Developmental Services or the Director of Social Services, notice shall be delivered pursuant to Section 1215 as required.
(e)If the petition states that the proposed ward is receiving or is entitled to receive benefits from the Veterans Administration, notice shall be delivered pursuant to Section 1215 to the office of the Veterans Administration referred to in Section 1461.5.
(f)Unless the court orders otherwise, notice shall not be given to any of the following:
(1)The parents or other relatives of a proposed ward who has been relinquished to a licensed adoption agency.
(2)The parents of a proposed ward who has been judicially declared free from their custody and control.
(g)Notice need not be given to any person if the court so orders upon a determination of either of the following:
(1)The person cannot with reasonable diligence be given the notice.
(2)The giving of the notice would be contrary to the interest of justice.
(h)Before the appointment of a guardian is made, proof shall be made to the court that each person entitled to notice under this section either:
(1)Has been given notice as required by this section.
(2)Has not been given notice as required by this section because the person cannot with reasonable diligence be given the notice or because the giving of notice to that person would be contrary to the interest of justice.
(i)If notice is required by Section 1460.2 to be given to an Indian custodian or tribe, notice shall be mailed as required.
SEC. 31.Section 1513.2 of the Probate Code is amended to read:1513.2.(a)To the extent resources are available, the court shall implement procedures, as described in this section, to ensure that every guardian annually completes and returns to the court a status report, including the statement described in subdivision (b). A guardian who willfully submits any material information required by the form which he or she knows to be false shall be guilty of a misdemeanor. Not later than one month before the date the status report is required to be returned, the clerk of the court shall deliver a notice pursuant to Section 1215 to the guardian informing the guardian that he or she is required to complete and return the status report to the court. The clerk shall enclose with the letter a blank status report form for the guardian to complete and return. If the status report is not completed and returned as required, or if the court finds, after a status report has been completed and returned, that further information is needed, the court shall attempt to obtain the information required in the report from the guardian or other sources. If the court is unable to obtain this information within 30 days after the date the status report is due, the court shall either order the guardian to make himself or herself available to the investigator for purposes of investigation of the guardianship, or to show cause why the guardian should not be removed.
(b)The Judicial Council shall develop a form for the status report. The form shall include the following statement: A guardian who willfully submits any material information required by this form which he or she knows to be false is guilty of a misdemeanor. The form shall request information the Judicial Council deems necessary to determine the status of the guardianship, including, but not limited to, the following:
(1)The guardians present address and electronic address.
(2)The name and birth date of the child under guardianship.
(3)The name of the school in which the child is enrolled, if any.
(4)If the child is not in the guardians home, the name, relationship, address, electronic address, and telephone number of the person or persons with whom the child resides.
(5)If the child is not in the guardians home, why the child was moved.
(c)The report authorized by this section is confidential and shall only be made available to persons who have been served in the proceedings or their attorneys. The clerk of the court shall implement procedures for the limitation of the report exclusively to persons entitled to its receipt.
SEC. 32.Section 1516 of the Probate Code is amended to read:1516.(a)In each case involving a petition for guardianship of the person, the petitioner shall deliver pursuant to Section 1215 a notice of the hearing and a copy of the petition, at least 15 days before the hearing, to the local agency designated by the board of supervisors to investigate guardianships for the court. The local social services agency providing child protection services shall screen the name of the guardian for prior referrals of neglect or abuse of minors. The results of this screening shall be provided to the court.
(b)This section does not apply to guardianships resulting from a permanency plan for a dependent child pursuant to Section 366.25 of the Welfare and Institutions Code.
SEC. 33.Section 1542 of the Probate Code is amended to read:1542.In each case involving a petition for guardianship of the person, the petitioner shall deliver pursuant to Section 1215 a notice of the hearing and a copy of the petition, at least 15 days before the hearing, to the Director of Social Services at the directors office in Sacramento and to the local agency designated by the board of supervisors to investigate guardianships for the court.
SEC. 34.Section 1822 of the Probate Code is amended to read:1822.(a)At least 15 days before the hearing on the petition for appointment of a conservator, notice of the time and place of the hearing shall be given as provided in this section. The notice shall be accompanied by a copy of the petition. The court shall not shorten the time for giving the notice of hearing under this section.
(b)Notice shall be delivered pursuant to Section 1215 to the following persons:
(1)The spouse, if any, or registered domestic partner, if any, of the proposed conservatee at the address stated in the petition.
(2)The relatives named in the petition at their addresses stated in the petition.
(c)If notice is required by Section 1461 to be given to the Director of State Hospitals or the Director of Developmental Services, notice shall be delivered pursuant to Section 1215 as required.
(d)If the petition states that the proposed conservatee is receiving or is entitled to receive benefits from the Veterans Administration, notice shall be mailed to the Office of the Veterans Administration referred to in Section 1461.5.
(e)If the proposed conservatee is a person with developmental disabilities, at least 30 days before the day of the hearing on the petition, the petitioner shall deliver pursuant to Section 1215 a notice of the hearing and a copy of the petition to the regional center identified in Section 1827.5.
(f) If the petition states that the petitioner and the proposed conservator have no prior relationship with the proposed conservatee and are not nominated by a family member, friend, or other person with a relationship to the proposed conservatee, notice shall be delivered pursuant to Section 1215 to the public guardian of the county in which the petition is filed.
SEC. 35.Section 1826 of the Probate Code is amended to read:1826.(a)Regardless of whether the proposed conservatee attends the hearing, the court investigator shall do all of the following:
(1)Conduct the following interviews:
(A)The proposed conservatee personally.
(B)All petitioners and all proposed conservators who are not petitioners.
(C)The proposed conservatees spouse or registered domestic partner and relatives within the first degree. If the proposed conservatee does not have a spouse, registered domestic partner, or relatives within the first degree, to the greatest extent possible, the proposed conservatees relatives within the second degree.
(D)To the greatest extent practical and taking into account the proposed conservatees wishes, the proposed conservatees relatives within the second degree not required to be interviewed under subparagraph (C), neighbors, and, if known, close friends.
(2)Inform the proposed conservatee of the contents of the citation, of the nature, purpose, and effect of the proceeding, and of the right of the proposed conservatee to oppose the proceeding, to attend the hearing, to have the matter of the establishment of the conservatorship tried by jury, to be represented by legal counsel if the proposed conservatee so chooses, and to have legal counsel appointed by the court if unable to retain legal counsel.
(3)Determine if it appears that the proposed conservatee is unable to attend the hearing and, if able to attend, whether the proposed conservatee is willing to attend the hearing.
(4)Review the allegations of the petition as to why the appointment of the conservator is required and, in making his or her determination, do the following:
(A)Refer to the supplemental information form submitted by the petitioner and consider the facts set forth in the form that address each of the categories specified in paragraphs (1) to (5), inclusive, of subdivision (a) of Section 1821.
(B)Consider, to the extent practicable, whether he or she believes the proposed conservatee suffers from any of the mental function deficits listed in subdivision (a) of Section 811 that significantly impairs the proposed conservatees ability to understand and appreciate the consequences of his or her actions in connection with any of the functions described in subdivision (a) or (b) of Section 1801 and identify the observations that support that belief.
(5)Determine if the proposed conservatee wishes to contest the establishment of the conservatorship.
(6)Determine if the proposed conservatee objects to the proposed conservator or prefers another person to act as conservator.
(7)Determine if the proposed conservatee wishes to be represented by legal counsel and, if so, whether the proposed conservatee has retained legal counsel and, if not, the name of an attorney the proposed conservatee wishes to retain.
(8)(A)Determine if the proposed conservatee is incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and may be disqualified from voting pursuant to Section 2208 of the Elections Code.
(B)The proposed conservatee shall not be disqualified from voting on the basis that he or she does, or would need to do, any of the following to complete an affidavit of voter registration:
(i)Signs the affidavit of voter registration with a mark or a cross pursuant to subdivision (b) of Section 2150 of the Elections Code.
(ii)Signs the affidavit of voter registration by means of a signature stamp pursuant to Section 354.5 of the Elections Code.
(iii)Completes the affidavit of voter registration with the assistance of another person pursuant to subdivision (d) of Section 2150 of the Elections Code.
(iv)Completes the affidavit of voter registration with reasonable accommodations.
(9)If the proposed conservatee has not retained legal counsel, determine if the proposed conservatee desires the court to appoint legal counsel.
(10)Determine if the appointment of legal counsel would be helpful to the resolution of the matter or is necessary to protect the interests of the proposed conservatee in a case where the proposed conservatee does not plan to retain legal counsel and has not requested the appointment of legal counsel by the court.
(11)Report to the court in writing, at least five days before the hearing, concerning all of the foregoing, including the proposed conservatees express communications concerning both of the following:
(A)Representation by legal counsel.
(B)If the proposed conservatee is not willing to attend the hearing, does not wish to contest the establishment of the conservatorship, and does not object to the proposed conservator or prefers that another person act as conservator.
(12)Deliver pursuant to Section 1215, at least five days before the hearing, a copy of the report referred to in paragraph (11) to all of the following:
(A)The attorney, if any, for the petitioner.
(B)The attorney, if any, for the proposed conservatee.
(C)The proposed conservatee.
(D)The spouse, registered domestic partner, and relatives within the first degree of the proposed conservatee who are required to be named in the petition for appointment of the conservator, unless the court determines that the delivery will harm the conservatee.
(E)Any other persons as the court orders.
(b)The court investigator has discretion to release the report required by this section to the public conservator, interested public agencies, and the long-term care ombudsman.
(c)The report required by this section is confidential and shall be made available only to parties, persons described in paragraph (12) of subdivision (a), persons given notice of the petition who have requested this report or who have appeared in the proceedings, their attorneys, and the court. The court has discretion at any other time to release the report, if it would serve the interests of the conservatee. The clerk of the court shall provide for the limitation of the report exclusively to persons entitled to its receipt.
(d)This section does not apply to a proposed conservatee who has personally executed the petition for conservatorship, or a proposed conservatee who has nominated his or her own conservator, if he or she attends the hearing.
(e)If the court investigator has performed an investigation within the preceding six months and furnished a report thereon to the court, the court may order, upon good cause shown, that another investigation is not necessary or that a more limited investigation may be performed.
(f)An investigation by the court investigator related to a temporary conservatorship also may be a part of the investigation for the general petition for conservatorship, but the court investigator shall make a second visit to the proposed conservatee and the report required by this section shall include the effect of the temporary conservatorship on the proposed conservatee.
(g)The Judicial Council shall, on or before January 1, 2009, adopt rules of court and Judicial Council forms as necessary to implement an expedited procedure to authorize, by court order, a proposed conservatees health care provider to disclose confidential medical information about the proposed conservatee to a court investigator pursuant to federal medical information privacy regulations promulgated under the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191).
(h)A superior court shall not be required to perform any duties imposed pursuant to the amendments to this section enacted by Chapter 493 of the Statutes of 2006 until the Legislature makes an appropriation identified for this purpose.
SEC. 36.Section 1827.5 of the Probate Code is amended to read:1827.5.(a)In the case of any proceeding to establish a limited conservatorship for a person with developmental disabilities, within 30 days after the filing of a petition for limited conservatorship, a proposed limited conservatee, with his or her consent, shall be assessed at a regional center as provided in Chapter 5 (commencing with Section 4620) of Division 4.5 of the Welfare and Institutions Code. The regional center shall submit a written report of its findings and recommendations to the court.
(b)In the case of any proceeding to establish a general conservatorship for a person with developmental disabilities, the regional center, with the consent of the proposed conservatee, may prepare an assessment as provided in Chapter 5 (commencing with Section 4620) of Division 4.5 of the Welfare and Institutions Code. If an assessment is prepared, the regional center shall submit its findings and recommendations to the court.
(c)(1)A report prepared under subdivision (a) or (b) shall include a description of the specific areas, nature, and degree of disability of the proposed conservatee or proposed limited conservatee. The findings and recommendations of the regional center are not binding upon the court.
(2)In a proceeding where the petitioner is a provider of board and care, treatment, habilitation, or other services to persons with developmental disabilities or a spouse or employee of a provider, is not the natural parent of the proposed conservatee or proposed limited conservatee, and is not a public entity, the regional center shall include a recommendation in its report concerning the suitability of the petitioners to meet the needs of the proposed conservatee or proposed limited conservatee.
(d)At least five days before the hearing on the petition, the regional center shall deliver pursuant to Section 1215 a copy of the report described in subdivision (a) to all of the following:
(1)The proposed limited conservatee.
(2)The attorney, if any, for the proposed limited conservatee.
(3)If the petitioner is not the proposed limited conservatee, the attorney for the petitioner or the petitioner if the petitioner does not have an attorney.
(4)Any other persons as the court orders.
(e)The report referred to in subdivisions (a) and (b) shall be confidential and shall be made available only to parties listed in subdivision (d) unless the court, in its discretion, determines that the release of the report would serve the interests of the conservatee who is developmentally disabled. The clerk of the court shall limit disclosure of the report exclusively to persons entitled under this section.
SEC. 37.Section 1830 of the Probate Code is amended to read:1830.(a)The order appointing the conservator shall contain, among other things, the names, addresses, and telephone numbers of:
(1)The conservator.
(2)The conservatees attorney, if any.
(3)The court investigator, if any.
(b)In the case of a limited conservator for a developmentally disabled adult, any order the court issues shall include the findings of the court specified in Section 1828.5. The order shall specify the powers granted to and duties imposed upon the limited conservator, which powers and duties shall not exceed the powers and duties applicable to a conservator under this code. The order shall also specify all of the following:
(1)The properties of the limited conservatee to which the limited conservator is entitled to possession and management, giving a description of the properties that will be sufficient to identify them.
(2)The debts, rentals, wages, or other claims due to the limited conservatee which the limited conservator is entitled to collect, or file suit with respect to, if necessary, and thereafter to possess and manage.
(3)The contractual or other obligations which the limited conservator may incur on behalf of the limited conservatee.
(4)The claims against the limited conservatee which the limited conservator may pay, compromise, or defend, if necessary.
(5)Any other powers, limitations, or duties with respect to the care of the limited conservatee or the management of the property specified in this subdivision by the limited conservator which the court shall specifically and expressly grant.
(c)An information notice of the rights of conservatees shall be attached to the order. The conservator shall deliver pursuant to Section 1215 the order and the attached information notice to the conservatee and the conservatees relatives, as set forth in subdivision (b) of Section 1821, within 30 days of the issuance of the order. By January 1, 2008, the Judicial Council shall develop the notice required by this subdivision.
SEC. 38.Section 1842 of the Probate Code is amended to read:1842.In addition to the persons and entities to whom notice of hearing is required under Section 1822 or 2002, if the proposed conservatee is an absentee, a copy of the petition and notice of the time and place of the hearing shall be delivered pursuant to Section 1215 at least 15 days before the hearing to the secretary concerned or to the head of the United States department or agency concerned, as the case may be. In that case, notice shall also be published pursuant to Section 6061 of the Government Code in a newspaper of general circulation in the county in which the hearing will be held.
SEC. 39.Section 1847 of the Probate Code is amended to read:1847.In addition to the persons and entities to whom notice of hearing is required under Section 1822 or 2002, if the proposed conservatee is a person who is missing and whose whereabouts is unknown:
(a)A copy of the petition for appointment of a conservator and notice of the time and place of the hearing on the petition shall be delivered pursuant to Section 1215 at least 15 days before the hearing to the proposed conservatee at the last known address of the proposed conservatee.
(b)Notice of the time and place of the hearing shall also be published pursuant to Section 6061 of the Government Code in a newspaper of general circulation in the county in which the proposed conservatee was last known to reside if the proposed conservatees last known address is in this state.
(c)Pursuant to Section 1202, the court may require that further or additional notice of the hearing be given.
SEC. 40.Section 1851 of the Probate Code is amended to read:1851.(a)(1)If court review is required pursuant to Section 1850, the court investigator shall, without prior notice to the conservator except as ordered by the court for necessity or to prevent harm to the conservatee, visit the conservatee. The court investigator shall inform the conservatee personally that the conservatee is under a conservatorship and shall give the name of the conservator to the conservatee. The court investigator shall determine all of the following:
(A)If the conservatee wishes to petition the court for termination of the conservatorship.
(B)If the conservatee is still in need of the conservatorship.
(C)If the conservator is acting in the best interests of the conservatee. In determining if the conservator is acting in the best interests of the conservatee, the court investigators evaluation shall include an examination of the conservatees placement, the quality of care, including physical and mental treatment, and the conservatees finances. To the extent practicable, the investigator shall review the accounting with a conservatee who has sufficient capacity. To the greatest extent possible, the court investigator shall interview individuals set forth in paragraph (1) of subdivision (a) of Section 1826, in order to determine if the conservator is acting in the best interests of the conservatee.
(D)(i)If the conservatee is incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process and may be disqualified from voting pursuant to Section 2208 or 2209 of the Elections Code.
(ii)The conservatee shall not be disqualified from voting on the basis that he or she does, or would need to do, any of the following to complete an affidavit of voter registration:
(I)Signs the affidavit of voter registration with a mark or a cross pursuant to subdivision (b) of Section 2150 of the Elections Code.
(II)Signs the affidavit of voter registration by means of a signature stamp pursuant to Section 354.5 of the Elections Code.
(III)Completes the affidavit of voter registration with the assistance of another person pursuant to subdivision (d) of Section 2150 of the Elections Code.
(IV)Completes the affidavit of voter registration with reasonable accommodations.
(2)If the court has made an order under Chapter 4 (commencing with Section 1870), the court investigator shall determine if the present condition of the conservatee is such that the terms of the order should be modified or the order revoked.
(3)Upon request of the court investigator, the conservator shall make available to the court investigator during the investigation for inspection and copying all books and records, including receipts and any expenditures, of the conservatorship.
(b)(1)The findings of the court investigator, including the facts upon which the findings are based, shall be certified in writing to the court not less than 15 days before the date of review. A copy of the report shall be delivered pursuant to Section 1215 to the conservator and to the attorneys of record for the conservator and conservatee at the same time it is certified to the court. A copy of the report, modified as set forth in paragraph (2), also shall be delivered pursuant to Section 1215 to the conservatees spouse or registered domestic partner, the conservatees relatives in the first degree, and if there are no such relatives, to the next closest relative, unless the court determines that the delivery will harm the conservatee.
(2)Confidential medical information and confidential information from the California Law Enforcement Telecommunications System shall be in a separate attachment to the report and shall not be provided in copies sent to the conservatees spouse or registered domestic partner, the conservatees relatives in the first degree, and if there are no such relatives, to the next closest relative.
(c)In the case of a limited conservatee, the court investigator shall recommend continuing or terminating the limited conservatorship.
(d)The court investigator may personally visit the conservator and other persons as may be necessary to determine if the conservator is acting in the best interests of the conservatee.
(e)The report required by this section shall be confidential and shall be made available only to parties, persons described in subdivision (b), persons given notice of the petition who have requested the report or who have appeared in the proceeding, their attorneys, and the court. The court shall have discretion at any other time to release the report if it would serve the interests of the conservatee. The clerk of the court shall limit disclosure of the report exclusively to persons entitled to the report under this section.
(f)A superior court is not required to perform any duties imposed pursuant to the amendments to this section enacted by Chapter 493 of the Statutes of 2006 until the Legislature makes an appropriation identified for this purpose.
SEC. 41.Section 2214 of the Probate Code is amended to read:2214.Notice of the hearing shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1. In addition, the petitioner shall deliver pursuant to Section 1215 a notice of the time and place of the hearing and a copy of the petition to all persons required to be listed in the petition at least 15 days before the date set for the hearing.
SEC. 42.Section 2250 of the Probate Code is amended to read:2250.(a)On or after the filing of a petition for appointment of a guardian or conservator, any person entitled to petition for appointment of the guardian or conservator may file a petition for appointment of:
(1)A temporary guardian of the person or estate, or both.
(2)A temporary conservator of the person or estate, or both.
(b)The petition shall state facts that establish good cause for appointment of the temporary guardian or temporary conservator. The court, upon that petition or other showing as it may require, may appoint a temporary guardian of the person or estate, or both, or a temporary conservator of the person or estate, or both, to serve pending the final determination of the court upon the petition for the appointment of the guardian or conservator.
(c)If the petitioner, proposed guardian, or proposed conservator is a professional fiduciary, as described in Section 2340, who is required to be licensed under the Professional Fiduciaries Act (Chapter 6 (commencing with Section 6500) of Division 3 of the Business and Professions Code), the petition for appointment of a temporary guardian or temporary conservator shall include the following:
(1)The petitioners, proposed guardians, or proposed conservators proposed hourly fee schedule or another statement of his or her proposed compensation from the estate of the proposed ward or proposed conservatee for services performed as a guardian or conservator. The petitioners, proposed guardians, or proposed conservators provision of a proposed hourly fee schedule or another statement of his or her proposed compensation, as required by this paragraph, shall not preclude a court from later reducing the petitioners, proposed guardians, or proposed conservators fees or other compensation.
(2)Unless a petition for appointment of a guardian or conservator that contains the statements required by this paragraph is filed together with a petition for appointment of a temporary guardian or temporary conservator, both of the following:
(A)A statement of the petitioners, proposed guardians, or proposed conservators registration or license information.
(B)A statement explaining who engaged the petitioner, proposed guardian, or proposed conservator or how the petitioner, proposed guardian, or proposed conservator was engaged to file the petition for appointment of a temporary guardian or temporary conservator or to agree to accept the appointment as temporary guardian or temporary conservator and what prior relationship the petitioner, proposed guardian, or proposed conservator had with the proposed ward or proposed conservatee or the proposed wards or proposed conservatees family or friends.
(d)If the petition is filed by a party other than the proposed conservatee, the petition shall include a declaration of due diligence showing both of the following:
(1)Either the efforts to find the proposed conservatees relatives named in the petition for appointment of a general conservator or why it was not feasible to contact any of them.
(2)Either the preferences of the proposed conservatee concerning the appointment of a temporary conservator and the appointment of the proposed temporary conservator or why it was not feasible to ascertain those preferences.
(e)Unless the court for good cause otherwise orders, at least five court days before the hearing on the petition, notice of the hearing shall be given as follows:
(1)Notice of the hearing shall be personally delivered to the proposed ward if he or she is 12 years of age or older, to the parent or parents of the proposed ward, and to any person having a valid visitation order with the proposed ward that was effective at the time of the filing of the petition. Notice of the hearing shall not be delivered to the proposed ward if he or she is under 12 years of age. In a proceeding for temporary guardianship of the person, evidence that a custodial parent has died or become incapacitated, and that the petitioner or proposed guardian is the nominee of the custodial parent, may constitute good cause for the court to order that this notice not be delivered.
(2)Notice of the hearing shall be personally delivered to the proposed conservatee, and notice of the hearing shall be delivered pursuant to Section 1215 on the persons required to be named in the petition for appointment of conservator. If the petition states that the petitioner and the proposed conservator have no prior relationship with the proposed conservatee and has not been nominated by a family member, friend, or other person with a relationship to the proposed conservatee, notice of hearing shall be delivered pursuant to Section 1215 on the public guardian of the county in which the petition is filed.
(3)A copy of the petition for temporary appointment shall be delivered pursuant to Section 1215 with the notice of hearing.
(f)If a temporary guardianship is granted ex parte and the hearing on the general guardianship petition is not to be held within 30 days of the granting of the temporary guardianship, the court shall set a hearing within 30 days to reconsider the temporary guardianship. Notice of the hearing for reconsideration of the temporary guardianship shall be provided pursuant to Section 1511, except that the court may for good cause shorten the time for the notice of the hearing.
(g)Visitation orders with the proposed ward granted before the filing of a petition for temporary guardianship shall remain in effect, unless for good cause the court orders otherwise.
(h)(1)If a temporary conservatorship is granted ex parte, and a petition to terminate the temporary conservatorship is filed more than 15 days before the first hearing on the general petition for appointment of conservator, the court shall set a hearing within 15 days of the filing of the petition for termination of the temporary conservatorship to reconsider the temporary conservatorship. Unless the court otherwise orders, notice of the hearing on the petition to terminate the temporary conservatorship shall be given at least 10 days before the hearing.
(2)If a petition to terminate the temporary conservatorship is filed within 15 days before the first hearing on the general petition for appointment of conservator, the court shall set the hearing at the same time that the hearing on the general petition is set. Unless the court otherwise orders, notice of the hearing on the petition to terminate the temporary conservatorship pursuant to this section shall be given at least five court days before the hearing.
(i)If the court suspends powers of the guardian or conservator under Section 2334 or 2654 or under any other provision of this division, the court may appoint a temporary guardian or conservator to exercise those powers until the powers are restored to the guardian or conservator or a new guardian or conservator is appointed.
(j)If for any reason a vacancy occurs in the office of guardian or conservator, the court, on a petition filed under subdivision (a) or on its own motion, may appoint a temporary guardian or conservator to exercise the powers of the guardian or conservator until a new guardian or conservator is appointed.
(k)On or before January 1, 2008, the Judicial Council shall adopt a rule of court that establishes uniform standards for good cause exceptions to the notice required by subdivision (e), limiting those exceptions to only cases when waiver of the notice is essential to protect the proposed conservatee or ward, or the estate of the proposed conservatee or ward, from substantial harm.
(l)A superior court shall not be required to perform any duties imposed pursuant to the amendments to this section enacted by Chapter 493 of the Statutes 2006 until the Legislature makes an appropriation identified for this purpose.
SEC. 43.Section 2352 of the Probate Code is amended to read:2352.(a)The guardian may establish the residence of the ward at any place within this state without the permission of the court. The guardian shall select the least restrictive appropriate residence that is available and necessary to meet the needs of the ward, and that is in the best interests of the ward.
(b)The conservator may establish the residence of the conservatee at any place within this state without the permission of the court. The conservator shall select the least restrictive appropriate residence, as described in Section 2352.5, that is available and necessary to meet the needs of the conservatee, and that is in the best interests of the conservatee.
(c)If permission of the court is first obtained, a guardian or conservator may establish the residence of a ward or conservatee at a place not within this state. Notice of the hearing on the petition to establish the residence of the ward or conservatee out of state, together with a copy of the petition, shall be given in the manner required by subdivision (a) of Section 1460 to all persons entitled to notice under subdivision (b) of Section 1511 or subdivision (b) of Section 1822.
(d)(1)An order under subdivision (c) relating to a ward shall require the guardian either to return the ward to this state, or to cause a guardianship proceeding or its equivalent to be commenced in the place of the new residence, when the ward has resided in the place of new residence for a period of four months or a longer or shorter period specified in the order.
(2)An order under subdivision (c) relating to a conservatee shall require the conservator to do one of the following when the conservatee has resided in the other state for a period of four months or a longer or shorter period specified in the order:
(A)Return the conservatee to this state.
(B)Petition for transfer of the conservatorship to the other state under Article 3 (commencing with Section 2001) of Chapter 8 of Part 3 and corresponding law of the other state.
(C)Cause a conservatorship proceeding or its equivalent to be commenced in the other state.
(e)(1)The guardian or conservator shall file a notice of change of residence with the court within 30 days of the date of the change. The guardian or conservator shall include in the notice of change of residence a declaration stating that the wards or conservatees change of residence is consistent with the standard described in subdivision (b).
(2)The guardian or conservator shall deliver pursuant to Section 1215 a copy of the notice to all persons entitled to notice under subdivision (b) of Section 1511 or subdivision (b) of Section 1822 and shall file proof of delivery of the notice with the court. The court may, for good cause, waive the delivery requirement pursuant to this paragraph in order to prevent harm to the conservatee or ward.
(3)If the guardian or conservator proposes to remove the ward or conservatee from his or her personal residence, except as provided by subdivision (c), the guardian or conservator shall deliver pursuant to Section 1215 a notice of his or her intention to change the residence of the ward or conservatee to all persons entitled to notice under subdivision (b) of Section 1511 and subdivision (b) of Section 1822. In the absence of an emergency, that notice shall be delivered at least 15 days before the proposed removal of the ward or conservatee from his or her personal residence. If the notice is delivered less than 15 days before the proposed removal of the ward or conservatee, the guardian or conservator shall set forth the basis for the emergency in the notice. The guardian or conservator shall file proof of delivery of that notice with the court.
(f)This section does not apply where the court has made an order under Section 2351 pursuant to which the conservatee retains the right to establish his or her own residence.
(g)As used in this section, guardian or conservator includes a proposed guardian or proposed conservator and ward or conservatee includes a proposed ward or proposed conservatee.
(h)This section does not apply to a person with developmental disabilities for whom the Director of Developmental Services or a regional center, established pursuant to Chapter 5 (commencing with Section 4620) of Division 4.5 of the Welfare and Institutions Code, acts as the conservator.
SEC. 44.Section 2357 of the Probate Code is amended to read:2357.(a)As used in this section:
(1)Guardian or conservator includes a temporary guardian of the person or a temporary conservator of the person.
(2)Ward or conservatee includes a person for whom a temporary guardian of the person or temporary conservator of the person has been appointed.
(b)If the ward or conservatee requires medical treatment for an existing or continuing medical condition which is not authorized to be performed upon the ward or conservatee under Section 2252, 2353, 2354, or 2355, and the ward or conservatee is unable to give an informed consent to this medical treatment, the guardian or conservator may petition the court under this section for an order authorizing the medical treatment and authorizing the guardian or conservator to consent on behalf of the ward or conservatee to the medical treatment.
(c)The petition shall state, or set forth by medical affidavit attached thereto, all of the following so far as is known to the petitioner at the time the petition is filed:
(1)The nature of the medical condition of the ward or conservatee which requires treatment.
(2)The recommended course of medical treatment which is considered to be medically appropriate.
(3)The threat to the health of the ward or conservatee if authorization to consent to the recommended course of treatment is delayed or denied by the court.
(4)The predictable or probable outcome of the recommended course of treatment.
(5)The medically available alternatives, if any, to the course of treatment recommended.
(6)The efforts made to obtain an informed consent from the ward or conservatee.
(7)The name and addresses, so far as they are known to the petitioner, of the persons specified in subdivision (c) of Section 1510 in a guardianship proceeding or subdivision (b) of Section 1821 in a conservatorship proceeding.
(d)Upon the filing of the petition, unless an attorney is already appointed the court shall appoint the public defender or private counsel under Section 1471, to consult with and represent the ward or conservatee at the hearing on the petition and, if that appointment is made, Section 1472 applies.
(e)Notice of the petition shall be given as follows:
(1)Not less than 15 days before the hearing, notice of the time and place of the hearing, and a copy of the petition shall be personally served on the ward, if 12 years of age or older, or the conservatee, and on the attorney for the ward or conservatee.
(2)Not less than 15 days before the hearing, notice of the time and place of the hearing, and a copy of the petition shall be delivered pursuant to Section 1215 to the following persons:
(A)The spouse or domestic partner, if any, of the proposed conservatee at the address stated in the petition.
(B)The relatives named in the petition at their addresses stated in the petition.
(f)For good cause, the court may shorten or waive notice of the hearing as provided by this section. In determining the period of notice to be required, the court shall take into account both of the following:
(1)The existing medical facts and circumstances set forth in the petition or in a medical affidavit attached to the petition or in a medical affidavit presented to the court.
(2)The desirability, where the condition of the ward or conservatee permits, of giving adequate notice to all interested persons.
(g)Notwithstanding subdivisions (e) and (f), the matter may be submitted for the determination of the court upon proper and sufficient medical affidavits or declarations if the attorney for the petitioner and the attorney for the ward or conservatee so stipulate and further stipulate that there remains no issue of fact to be determined.
(h)The court may make an order authorizing the recommended course of medical treatment of the ward or conservatee and authorizing the guardian or conservator to consent on behalf of the ward or conservatee to the recommended course of medical treatment for the ward or conservatee if the court determines from the evidence all of the following:
(1)The existing or continuing medical condition of the ward or conservatee requires the recommended course of medical treatment.
(2)If untreated, there is a probability that the condition will become life-endangering or result in a serious threat to the physical or mental health of the ward or conservatee.
(3)The ward or conservatee is unable to give an informed consent to the recommended course of treatment.
(i)Upon petition of the ward or conservatee or other interested person, the court may order that the guardian or conservator obtain or consent to, or obtain and consent to, specified medical treatment to be performed upon the ward or conservatee. Notice of the hearing on the petition under this subdivision shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1.
SEC. 45.Section 2361 of the Probate Code is amended to read:2361.A conservator shall provide notice of a conservatees death by delivering pursuant to Section 1215 a copy of the notice to all persons entitled to notice under Section 1460 and by filing a proof of delivery with the court, unless otherwise ordered by the court.
SEC. 46.Section 2610 of the Probate Code is amended to read:2610.(a)Within 90 days after appointment, or within any further time as the court for reasonable cause upon ex parte petition of the guardian or conservator may allow, the guardian or conservator shall file with the clerk of the court and deliver pursuant to Section 1215 to the conservatee and to the attorneys of record for the ward or conservatee, along with notice of how to file an objection, an inventory and appraisal of the estate, made as of the date of the appointment of the guardian or conservator. A copy of this inventory and appraisal, along with notice of how to file an objection, also shall be delivered to the conservatees spouse or registered domestic partner, the conservatees relatives in the first degree, and, if there are no such relatives, to the next closest relative, unless the court determines that the delivery will result in harm to the conservatee.
(b)The guardian or conservator shall take and subscribe to an oath that the inventory contains a true statement of all of the estate of the ward or conservatee of which the guardian or conservator has possession or knowledge. The oath shall be endorsed upon or annexed to the inventory.
(c)The property described in the inventory shall be appraised in the manner provided for the inventory and appraisal of estates of decedents. The guardian or conservator may appraise the assets that a personal representative could appraise under Section 8901.
(d)If a conservatorship is initiated pursuant to the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code), and no sale of the estate will occur:
(1)The inventory and appraisal required by subdivision (a) shall be filed within 90 days after appointment of the conservator.
(2)The property described in the inventory may be appraised by the conservator and need not be appraised by a probate referee.
(e)By January 1, 2008, the Judicial Council shall develop a form to effectuate the notice required in subdivision (a).
SEC. 47.Section 2611 of the Probate Code is amended to read:2611.If the ward or conservatee is or has been during the guardianship or conservatorship a patient in a state hospital under the jurisdiction of the State Department of State Hospitals or the State Department of Developmental Services, the guardian or conservator shall deliver pursuant to Section 1215 a copy of the inventory and appraisal filed under Section 2610 to the director of the appropriate department at the directors office in Sacramento not later than 15 days after the inventory and appraisal is filed with the court. Compliance with this section is not required if an unrevoked certificate described in subdivision (c) of Section 1461 is on file with the court with respect to the ward or conservatee.
SEC. 48.Section 2612 of the Probate Code is amended to read:2612.If a timely request is made, the clerk of court shall deliver pursuant to Section 1215 a copy of the inventory and appraisal filed under Section 2610 to the county assessor.
SEC. 49.Section 2614 of the Probate Code is amended to read:2614.(a)Within 30 days after the inventory and appraisal is filed, the guardian or conservator or any creditor or other interested person may file written objections to any or all appraisals. The clerk shall set the objections for hearing not less than 15 days after their filing.
(b)Notice of the hearing, together with a copy of the objections, shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1. If the appraisal was made by a probate referee, the person objecting shall also deliver pursuant to Section 1215 notice of the hearing and a copy of the objection to the probate referee at least 15 days before the time set for the hearing.
(c)The court shall determine the objections and may fix the true value of any asset to which objection has been filed. For the purpose of this subdivision, the court may cause an independent appraisal or appraisals to be made by at least one additional appraiser at the expense of the estate or, if the objecting party is not the guardian or conservator and the objection is rejected by the court, the court may assess the cost of any additional appraisal or appraisals against the objecting party.
SEC. 50.Section 2683 of the Probate Code is amended to read:2683.(a)At least 15 days before the hearing on the petition for appointment of a successor conservator, notice of the time and place of the hearing shall be given as provided in this section. The notice shall be accompanied by a copy of the petition.
(b)Notice shall be delivered pursuant to Section 1215 to the persons designated in Section 1460 and to the relatives named in the petition.
(c)If notice is required by Section 1461 to be given to the Director of State Hospitals or the Director of Developmental Services, notice shall be delivered pursuant to Section 1215 as required.
(d)If notice is required by Section 1461.5 to be given to the Veterans Administration, notice shall be delivered pursuant to Section 1215 as required.
SEC. 51.Section 2684 of the Probate Code is amended to read:2684.Unless the petition states that the conservatee will be present at the hearing, the court investigator shall do all of the following:
(a)Interview the conservatee personally.
(b)Inform the conservatee of the nature of the proceeding to appoint a successor conservator, the name of the person proposed as successor conservator, and the conservatees right to appear personally at the hearing, to object to the person proposed as successor conservator, to nominate a person to be appointed as successor conservator, to be represented by legal counsel if the conservatee so chooses, and to have legal counsel appointed by the court if unable to retain legal counsel.
(c)Determine whether the conservatee objects to the person proposed as successor conservator or prefers another person to be appointed.
(d)If the conservatee is not represented by legal counsel, determine whether the conservatee wishes to be represented by legal counsel and, if so, determine the name of an attorney the conservatee wishes to retain or whether the conservatee desires the court to appoint legal counsel.
(e)Determine whether the appointment of legal counsel would be helpful to the resolution of the matter or is necessary to protect the interests of the conservatee in any case where the conservatee does not plan to retain legal counsel and has not requested the appointment of legal counsel by the court.
(f)Report to the court in writing, at least five days before the hearing, concerning all of the foregoing, including the conservatees express communications concerning representation by legal counsel and whether the conservatee objects to the person proposed as successor conservator or prefers that some other person be appointed.
(g)Deliver pursuant to Section 1215, at least five days before the hearing, a copy of the report referred to in subdivision (f) to all of the following:
(1)The attorney, if any, for the petitioner.
(2)The attorney, if any, for the conservatee.
(3)Any other persons as the court orders.
SEC. 52.Section 2700 of the Probate Code is amended to read:2700.(a)At any time after the issuance of letters of guardianship or conservatorship, the ward, if over 14 years of age or the conservatee, the spouse of the ward or the spouse or domestic partner of the conservatee, any relative or creditor of the ward or conservatee, or any other interested person, in person or by attorney, may file with the court clerk a written request for special notice.
(b)The request for special notice shall be so entitled and shall set forth the name of the person and the address to which notices shall be delivered pursuant to Section 1215.
(c)Special notice may be requested of any one or more of the following matters:
(1)Petitions filed in the guardianship or conservatorship proceeding.
(2)Inventories and appraisals of property in the estate, including any supplemental inventories and appraisals.
(3)Accounts of the guardian or conservator.
(4)Proceedings for the final termination of the guardianship or conservatorship proceeding.
(d)Special notice may be requested of:
(1)Any one or more of the matters in subdivision (c) by describing the matter or matters.
(2)All the matters in subdivision (c) by referring generally to the matters described in subdivision (c) of Section 2700 of the Probate Code or by using words of similar meaning.
(e)A copy of the request shall be delivered pursuant to Section 1215 to the guardian or conservator or to the attorney for the guardian or conservator. If personally delivered, the request is effective when it is delivered. If mailed or electronically delivered, the request is effective when it is received.
(f)If the original of the request is filed with the court clerk, it shall be accompanied by a written admission or proof of service.
SEC. 53.Section 2702 of the Probate Code is amended to read:2702.(a) Unless the court makes an order dispensing with the notice, if a request has been made pursuant to this chapter for special notice of a hearing, the person filing the petition, account, or other paper shall give written notice pursuant to Section 1215 of the filing, together with a copy of the petition, account, or other paper, and the time and place set for the hearing, to the person named in the request at the address set forth in the request, at least 15 days before the time set for the hearing.
(b)If a request has been made pursuant to this chapter for special notice of the filing of an inventory and appraisal of the estate or of the filing of any other paper that does not require a hearing, the inventory and appraisal or other paper shall be delivered pursuant to Section 1215 not later than 15 days after the inventory and appraisal or other paper is filed with the court.
SEC. 54.Section 2804 of the Probate Code is amended to read:2804.At least 30 days before the hearing, the petitioner shall deliver pursuant to Section 1215 a notice of the time and place of the hearing and a copy of the petition to each person required to be listed in the petition at the address stated in the petition.
SEC. 55.Section 2808 of the Probate Code is amended to read:2808.(a)If the courts order provides for the transfer of all of the property of the estate to the foreign guardian or conservator, the court, upon settlement of the final account, shall order the guardianship of the estate or the conservatorship of the estate terminated upon the filing with the clerk of the court of a receipt for the property executed by the foreign guardian or conservator.
(b)Unless notice is waived, a copy of the final account of the guardian or conservator and of the petition for discharge, together with a notice of the hearing, shall be delivered pursuant to Section 1215 at least 30 days before the date of the hearing to all persons required to be listed in the petition for transfer, including the foreign guardian or conservator.
SEC. 56.Section 3088 of the Probate Code is amended to read:3088.(a)The court may order the spouse who has the management or control of community property to apply the income or principal, or both, of the community property to the support and maintenance of the conservatee, including care, treatment, and support of a conservatee who is a patient in a state hospital under the jurisdiction of the State Department of State Hospitals or the State Department of Developmental Services, as ordered by the court.
(b)In determining the amount ordered for support and maintenance, the court shall consider the following circumstances of the spouses:
(1)The earning capacity and needs of each spouse.
(2)The obligations and assets, including the separate property, of each spouse.
(3)The duration of the marriage.
(4)The age and health of the spouses.
(5)The standard of living of the spouses.
(6)Any other relevant factors which it considers just and equitable.
(c)At the request of any interested person, the court shall make appropriate findings with respect to the circumstances.
(d)The court may order the spouse who has the management or control of community property to make a specified monthly or other periodic payment to the conservator of the person of the conservatee or to any other person designated in the order. The court may order the spouse required to make the periodic payments to give reasonable security therefor.
(e)(1)The court may order the spouse required to make the periodic payments to assign, to the person designated in the order to receive the payments, that portion of the earnings of the spouse due or to be due in the future as will be sufficient to pay the amount ordered by the court for the support and maintenance of the conservatee. The order operates as an assignment and is binding upon any existing or future employer upon whom a copy of the order is served. The order shall be in the form of an earnings assignment order for support prescribed by the Judicial Council for use in family law proceedings. The employer may deduct the sum of one dollar and fifty cents ($1.50) for each payment made pursuant to the order. Any such assignment made pursuant to court order shall have priority as against any execution or other assignment unless otherwise ordered by the court or unless the other assignment is made pursuant to Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the Family Code. An employer shall not use any assignment authorized by this subdivision as grounds for the dismissal of that employee.
(2)As used in this subdivision, employer includes the United States government and any public entity as defined in Section 811.2 of the Government Code. This subdivision applies to the money and benefits described in Sections 704.110 and 704.113 of the Code of Civil Procedure to the extent that those moneys and benefits are subject to a wage assignment for support under Chapter 4 (commencing with Section 703.010) of Division 2 of Title 9 of Part 2 of the Code of Civil Procedure.
(f)The court retains jurisdiction to modify or to vacate an order made under this section where justice requires, except as to any amount that may have accrued before the date of the filing of the petition to modify or revoke the order. At the request of any interested person, the order of modification or revocation shall include findings of fact and may be made retroactive to the date of the filing of the petition to revoke or modify, or to any date subsequent thereto. At least 15 days before the hearing on the petition to modify or vacate the order, the petitioner shall deliver pursuant to Section 1215 a notice of the time and place of the hearing on the petition, accompanied by a copy of the petition, to the spouse who has the management or control of the community property. Notice shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1 to any other persons entitled to notice of the hearing under that chapter.
(g)In a proceeding for dissolution of the marriage or for legal separation, the court has jurisdiction to modify or vacate an order made under this section to the same extent as it may modify or vacate an order made in the proceeding for dissolution of the marriage or for legal separation.
SEC. 57.Section 3131 of the Probate Code is amended to read:3131.(a)At least 15 days before the hearing on the petition, the petitioner shall cause a notice of the time and place of the hearing and a copy of the petition to be served upon any nonpetitioning spouse not alleged to lack legal capacity for the proposed transaction.
(b)Service under subdivision (a) shall be made in the manner provided in Section 415.10 or 415.30 of the Code of Civil Procedure or in such other manner as may be authorized by the court. If the person to be served is outside this state, service may also be made in the manner provided in Section 415.40 of the Code of Civil Procedure.
(c)At least 15 days before the hearing on the petition, the petitioner shall deliver pursuant to Section 1215 a notice of the time and place of the hearing on the petition to those persons required to be named in the petition at the addresses set forth in the petition.
SEC. 58.Section 3206 of the Probate Code is amended to read:3206.(a)Not less than 15 days before the hearing, notice of the time and place of the hearing and a copy of the petition shall be personally served on the patient, the patients attorney, and the agent under the patients power of attorney for health care, if any.
(b)Not less than 15 days before the hearing, notice of the time and place of the hearing and a copy of the petition shall be delivered pursuant to Section 1215 to the following persons:
(1)The patients spouse, if any, at the address stated in the petition.
(2)The patients relatives named in the petition at their addresses stated in the petition.
(c)For good cause, the court may shorten or waive notice of the hearing as provided by this section. In determining the period of notice to be required, the court shall take into account both of the following:
(1)The existing medical facts and circumstances set forth in the petition or in a medical declaration attached to the petition or in a medical declaration presented to the court.
(2)The desirability, where the condition of the patient permits, of giving adequate notice to all interested persons.
SEC. 59.Section 3602 of the Probate Code is amended to read:3602.(a)If there is no guardianship of the estate of the minor or conservatorship of the estate of the person with a disability, the remaining balance of the money and other property, after payment of all expenses, costs, and fees as approved and allowed by the court under Section 3601, shall be paid, delivered, deposited, or invested as provided in Article 2 (commencing with Section 3610).
(b)Except as provided in subdivisions (c) and (d), if there is a guardianship of the estate of the minor or conservatorship of the estate of the person with a disability, the remaining balance of the money and other property, after payment of all expenses, costs, and fees as approved and allowed by the court under Section 3601, shall be paid or delivered to the guardian or conservator of the estate. Upon application of the guardian or conservator, the court making the order or giving the judgment referred to in Section 3600 or the court in which the guardianship or conservatorship proceeding is pending may, with or without notice, make an order that all or part of the money paid or to be paid to the guardian or conservator under this subdivision be deposited or invested as provided in Section 2456.
(c)Upon ex parte petition of the guardian or conservator or upon petition of any person interested in the guardianship or conservatorship estate, the court making the order or giving the judgment referred to in Section 3600 may for good cause shown order one or more of the following:
(1)That all or part of the remaining balance of money not become a part of the guardianship or conservatorship estate and instead be deposited in an insured account in a financial institution in this state, or in a single-premium deferred annuity, subject to withdrawal only upon authorization of the court.
(2)If there is a guardianship of the estate of the minor, that all or part of the remaining balance of money and other property not become a part of the guardianship estate and instead be transferred to a custodian for the benefit of the minor under the California Uniform Transfers to Minors Act, Part 9 (commencing with Section 3900).
(3)That all or part of the remaining balance of money and other property not become a part of the guardianship estate and, instead, be transferred to the trustee of a trust which is either created by, or approved of, in the order or judgment described in Section 3600. This trust shall be revocable by the minor upon attaining 18 years of age, and shall contain other terms and conditions, including, but not limited to, terms and conditions concerning trustees accounts and trustees bond, as the court determines to be necessary to protect the minors interests.
(d)Upon petition of the guardian, conservator, or any person interested in the guardianship or conservatorship estate, the court making the order or giving the judgment referred to in Section 3600 may order that all or part of the remaining balance of money not become a part of the guardianship or conservatorship estate and instead be paid to a special needs trust established under Section 3604 for the benefit of the minor or person with a disability.
(e)If the petition is by a person other than the guardian or conservator, notice of hearing on a petition under subdivision (c) shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1.
(f)Notice of the time and place of hearing on a petition under subdivision (d), and a copy of the petition, shall be delivered pursuant to Section 1215 to the State Director of Health Care Services, the Director of State Hospitals, and the Director of Developmental Services at the office of each director in Sacramento at least 15 days before the hearing.
SEC. 60.Section 3704 of the Probate Code is amended to read:3704.(a)Notice of the nature of the proceedings and the time and place of the hearing shall be given by the petitioner at least 15 days before the hearing date by all of the following means:
(1)By delivery pursuant to Section 1215, together with a copy of the petition, to all persons comprising the family of the absentee.
(2)By delivery by a method that would be sufficient for service of summons in a civil action, together with a copy of the petition, to the secretary concerned or to the head of the United States department or agency concerned.
(3)By publication pursuant to Section 6061 of the Government Code in a newspaper of general circulation in the county in which the proceedings will be held.
(b)If notice to an officer or agency of this state or of the United States is required under Section 1461 or 1822 upon petition for appointment of a conservator, notice shall be given of the petition under this chapter.
SEC. 61.Section 3801 of the Probate Code is amended to read:3801.(a)The petition shall be made upon 15 days notice, by delivery pursuant to Section 1215, to all of the following persons:
(1)The personal representative or other person in whose possession the property may be.
(2)Persons in this state, known to the petitioner, who are obligated to pay a debt, perform an obligation, or issue a security to the nonresident or the estate of the nonresident.
(b)The petition shall be made upon additional notice, if any, as the court may order.
SEC. 62.Section 3918 of the Probate Code is amended to read:3918.(a)A person nominated under Section 3903 or designated under Section 3909 as custodian may decline to serve by delivering a valid disclaimer under Part 8 (commencing with Section 260) of Division 2 to the person who made the nomination or to the transferor or the transferors legal representative. If the event giving rise to a transfer has not occurred and no substitute custodian able, willing, and eligible to serve was nominated under Section 3903, the person who made the nomination may nominate a substitute custodian under Section 3903; otherwise the transferor or the transferors legal representative shall designate a substitute custodian at the time of the transfer, in either case from among the persons eligible to serve as custodian for that kind of property under subdivision (a) of Section 3909. The custodian so designated has the rights of a successor custodian.
(b)A custodian at any time may designate a trust company or an adult other than a transferor under Section 3904 as successor custodian by executing and dating an instrument of designation before a subscribing witness other than the successor. If the instrument of designation does not contain or is not accompanied by the resignation of the custodian, the designation of the successor does not take effect until the custodian resigns, dies, becomes incapacitated, or is removed. The transferor may designate one or more persons as successor custodians to serve, in the designated order of priority, in case the custodian originally designated or a prior successor custodian is unable, declines, or is ineligible to serve or resigns, dies, becomes incapacitated, or is removed. The designation either (1) shall be made in the same transaction and by the same document by which the transfer is made or (2) shall be made by executing and dating a separate instrument of designation before a subscribing witness other than a successor as a part of the same transaction and contemporaneously with the execution of the document by which the transfer is made. The designation is made by setting forth the successor custodians name, followed in substance by the words: is designated [first, second, etc., where applicable] successor custodian. A successor custodian designated by the transferor may be a trust company or an adult other than a transferor under Section 3904. A successor custodian effectively designated by the transferor has priority over a successor custodian designated by a custodian.
(c)A custodian may resign at any time by delivering written notice to the minor if the minor has attained the age of 14 years and to the successor custodian and by delivering the custodial property to the successor custodian.
(d)If the transferor has not effectively designated a successor custodian, and a custodian is ineligible, dies, or becomes incapacitated without having effectively designated a successor and the minor has attained the age of 14 years, the minor may designate as successor custodian, in the manner prescribed in subdivision (b), an adult member of the minors family, a conservator of the minor, or a trust company. If the minor has not attained the age of 14 years or fails to act within 60 days after the ineligibility, death, or incapacity, the conservator of the minor becomes successor custodian. If the minor has no conservator or the conservator declines to act, the transferor, the legal representative of the transferor or of the custodian, an adult member of the minors family, or any other interested person may petition the court to designate a successor custodian.
(e)A custodian who declines to serve under subdivision (a) or resigns under subdivision (c), or the legal representative of a deceased or incapacitated custodian, as soon as practicable, shall put the custodial property and records in the possession and control of the successor custodian. The successor custodian by action may enforce the obligation to deliver custodial property and records and becomes responsible for each item as received.
(f)A transferor, the legal representative of a transferor, an adult member of the minors family, a guardian of the person of the minor, the conservator of the minor, or the minor if the minor has attained the age of 14 years, may petition the court to remove the custodian for cause and to designate a successor custodian other than a transferor under Section 3904 or to require the custodian to give appropriate bond.
(g)At least 15 days before the hearing on a petition under subdivision (d) or (f), the petitioner shall deliver notice pursuant to Section 1215 to each of the following persons:
(1)The minor.
(2)The parent or parents of the minor.
(3)The transferor.
(h)Upon consideration of the petition under subdivision (d) or (f), the court may grant the relief that the court finds to be in the best interests of the minor.
SEC. 63.Section 8100 of the Probate Code is amended to read:8100.The notice of hearing of a petition for administration of a decedents estate, whether delivered under Article 2 (commencing with Section 8110) or published under Article 3 (commencing with Section 8120), shall state substantially as follows:
NOTICE OF PETITION TO ADMINISTER |
To all heirs, beneficiaries, creditors, and contingent creditors of _________ and persons who may be otherwise interested in the will or estate, or both: A petition has been filed by _________ in the Superior Court of California, County of _________, requesting that _________ be appointed as personal representative to administer the estate of _________ [and for probate of the decedents will, which is available for examination in the court file]. [The petition requests authority to administer the estate under the Independent Administration of Estates Act. This will avoid the need to obtain court approval for many actions taken in connection with the estate. However, before taking certain actions, the personal representative will be required to give notice to interested persons unless they have waived notice or have consented to the proposed action. The petition will be granted unless good cause is shown why it should not be.] |
The petition is set for hearing in Dept. No. |
at(Address) on (Date of hearing)at(Time of hearing) . |
IF YOU OBJECT to the granting of the petition, you should appear at the hearing and state your objections or file written objections with the court before the hearing. Your appearance may be in person or by your attorney.
IF YOU ARE A CREDITOR or a contingent creditor of the deceased, you must file your claim with the court and mail a copy to the personal representative appointed by the court within the later of either (1) four months from the date of first issuance of letters to a general personal representative, as defined in subdivision (b) of Section 58 of the California Probate Code, or (2) 60 days from the date of delivery of the notice to you under Section 9052 of the California Probate Code.
YOU MAY EXAMINE the file kept by the court. If you are interested in the estate, you may request special notice of the filing of an inventory and appraisal of estate assets or of any petition or account as provided in Section 1250 of the California Probate Code.
(Name and address of petitioner or petitioners attorney) |
At least 15 days before the hearing of a petition for administration of a decedents estate, the petitioner shall deliver notice of the hearing pursuant to Section 1215 on all of the following persons:
(a)Each heir of the decedent, so far as known to or reasonably ascertainable by the petitioner.
(b)Each devisee, executor, and alternative executor named in any will being offered for probate, regardless of whether the devise or appointment is purportedly revoked in a subsequent instrument.
SEC. 65.Section 8111 of the Probate Code is amended to read:8111.If the decedents will involves or may involve a testamentary trust of property for charitable purposes other than a charitable trust with a designated trustee resident in this state, or involves or may involve a devise for charitable purposes without an identified devisee, notice of hearing accompanied by a copy of the petition and of the will shall be delivered pursuant to Section 1215 to the Attorney General as provided in Section 1209.
SEC. 66.Section 8200 of the Probate Code is amended to read:8200.(a)Unless a petition for probate of the will is earlier filed, the custodian of a will shall, within 30 days after having knowledge of the death of the testator, do both of the following:
(1)Deliver the will, personally or by registered or certified mail, to the clerk of the superior court of the county in which the estate of the decedent may be administered.
(2)Deliver a copy of the will pursuant to Section 1215 to the person named in the will as executor, if the persons whereabouts is known to the custodian, or if not, to a person named in the will as a beneficiary, if the persons whereabouts is known to the custodian.
(b)A custodian of a will who fails to comply with the requirements of this section shall be liable for all damages sustained by any person injured by the failure.
(c)The clerk shall release a copy of a will delivered under this section for attachment to a petition for probate of the will or otherwise on receipt of payment of the required fee and either a court order for production of the will or a certified copy of a death certificate of the decedent.
(d)The fee for delivering a will to the clerk of the superior court pursuant to paragraph (1) of subdivision (a) shall be as provided in Section 70626 of the Government Code. If an estate is commenced for the decedent named in the will, the fee for any will delivered pursuant to paragraph (1) of subdivision (a) shall be reimbursable from the estate as an expense of administration.
SEC. 67.Section 8203 of the Probate Code is amended to read:8203.If a will has been delivered to the clerk of the superior court in a county in which no proceeding is pending to administer the testators estate, that court may order the will transferred to the clerk of the superior court in a county in which such a proceeding is pending. A petition for the transfer may be presented and heard without notice, but shall not be granted without proof that a copy of the petition has been delivered pursuant to Section 1215 to the petitioner and any persons who have requested special notice in the proceeding in the court to which the will is to be transferred. The petition and order shall include the case number of the proceeding in the court to which transfer is prayed. Certified copies of the petition, any supporting documents, and the order shall be transmitted by the clerk along with the original will, and these copies shall be filed in the proceeding by the clerk of the recipient court.
SEC. 68.Section 8469 of the Probate Code is amended to read:8469.(a)For good cause, the court may allow the priority given by Section 8461 to a conservator or guardian of the estate of the decedent serving in that capacity at the time of death that has not filed a first account, or that is acting as guardian or conservator for another person, or both.
(b)If the petition for appointment as administrator requests the court to allow the priority permitted by subdivision (a), the petitioner shall, in addition to the notice otherwise required by statute, deliver notice of the hearing pursuant to Section 1215 to the public administrator.
SEC. 69.Section 8522 of the Probate Code is amended to read:8522.(a)If a vacancy occurs in the office of a personal representative and there are no other personal representatives, the court shall appoint a successor personal representative.
(b)Appointment of a successor personal representative shall be made on petition and notice shall be delivered to interested persons in the manner provided in Article 2 (commencing with Section 8110) of Chapter 2, and shall be subject to the same priority as for an original appointment of a personal representative. The personal representative of a deceased personal representative is not, as such, entitled to appointment as successor personal representative.
SEC. 70.Section 8803 of the Probate Code is amended to read:8803.On the filing of an inventory and appraisal or a supplemental inventory and appraisal, the personal representative shall, pursuant to Section 1252, deliver a copy to each person who has requested special notice.
SEC. 71.Section 8903 of the Probate Code is amended to read:8903.(a)The court may, for good cause, waive appraisal by a probate referee in the manner provided in this section.
(b)The personal representative may apply for a waiver together with the petition for appointment of the personal representative or together with another petition, or may apply for a waiver in a separate petition filed in the administration proceedings, but the application shall not be made later than the time the personal representative delivers the inventory to the probate referee, if a probate referee has been designated. A copy of the proposed inventory and appraisal and a statement that sets forth the good cause that justifies the waiver shall be attached to the petition.
(c)The hearing on the waiver shall be not sooner than 15 days after the petition is filed. Notice of the hearing on the petition, together with a copy of the petition and a copy of the proposed inventory and appraisal, shall be given as provided in Sections 1215 and 1220 to all of the following persons:
(1)Each person listed in Section 1220.
(2)Each known heir whose interest in the estate would be affected by the waiver.
(3)Each known devisee whose interest in the estate would be affected by the waiver.
(4)The Attorney General, at the office of the Attorney General in Sacramento, if any portion of the estate is to escheat to the state and its interest in the estate would be affected by the waiver.
(5)The probate referee, if a probate referee has been designated.
(d)A probate referee to whom notice is given under this section may oppose the waiver. If the opposition fails and the court determines the opposition was made without substantial justification, the court shall award litigation expenses, including reasonable attorneys fees, against the probate referee. If the opposition succeeds, the court may designate a different probate referee to appraise property in the estate.
(e)If the petition is granted, the inventory and appraisal attached to the petition shall be filed pursuant to Section 8800.
SEC. 72.Section 8906 of the Probate Code is amended to read:8906.(a)At any time before the hearing on the petition for final distribution of the estate, the personal representative or an interested person may file with the court a written objection to the appraisal.
(b)The clerk shall fix a time, not less than 15 days after the filing, for a hearing on the objection.
(c)The person objecting shall give notice of the hearing, together with a copy of the objection, as provided in Section 1220. If the appraisal was made by a probate referee, the person objecting shall also deliver notice of the hearing and a copy of the objection to the probate referee at least 15 days before the date set for the hearing.
(d)The person objecting to the appraisal has the burden of proof.
(e)Upon completion of the hearing, the court may make any orders that appear appropriate. If the court determines the objection was filed without reasonable cause or good faith, the court may order that the fees of the personal representative and attorney and any costs incurred for defending the appraisal be made a charge against the person filing the objection.
SEC. 73.Section 8924 of the Probate Code is amended to read:8924.(a)The court shall remove the designated probate referee in any of the following circumstances:
(1)The personal representative shows cause, including incompetence or undue delay in making the appraisal, that in the opinion of the court warrants removal of the probate referee. The showing shall be made at a hearing on petition of the personal representative. The personal representative shall deliver pursuant to Section 1215 notice of the hearing on the petition to the probate referee at least 15 days before the date set for the hearing.
(2)The personal representative has the right to remove the first probate referee who is designated by the court. Cause need not be shown for removal under this paragraph. The personal representative may exercise the right at any time before the personal representative delivers the inventory to the probate referee. The personal representative shall exercise the right by filing an affidavit or declaration under penalty of perjury with the court and delivering a copy to the probate referee pursuant to Section 1215. Thereupon, the court shall remove the probate referee without any further act or proof.
(3)Any other cause provided by statute.
(b)Upon removal of the probate referee, the court shall designate another probate referee in the manner prescribed in Section 8920.
SEC. 74.Section 9052 of the Probate Code is amended to read:9052.The notice shall be in substantially the following form:
NOTICE OF ADMINISTRATION OF | |
Notice to creditors: Administration of the estate of _________ (deceased) has been commenced by _________ (personal representative) in Estate No. _________ in the Superior Court of California, County of _________. You must file your claim with the court and deliver a copy pursuant to Section 1215 of the California Probate Code to the personal representative within the last to occur of four months after _________ (the date letters were first issued to a general personal representative, as defined in subdivision (b) of Section 58 of the California Probate Code), or 60 days after the date this notice was mailed to you or, in the case of personal delivery, 60 days after the date this notice was delivered to you,, or you must petition to file a late claim as provided in Section 9103 of the California Probate Code. Failure to file a claim with the court and serve a copy of the claim on the personal representative will, in most instances, invalidate your claim. A claim form may be obtained from the court clerk. For your protection, you are encouraged to file your claim by certified mail, with return receipt requested. | |
(Date of mailing this notice) | (Name and address of personal |
A claim form adopted by the Judicial Council shall inform the creditor that the claim must be filed with the court and a copy delivered pursuant to Section 1215 to the personal representative. The claim form shall include a proof of delivery of a copy of the claim to the personal representative, which may be completed by the creditor.
SEC. 76.Section 9732 of the Probate Code is amended to read:9732.(a)The court may order that money of the estate in possession of the personal representative be invested in any manner provided by the will if all of the following conditions are satisfied:
(1)The time for filing claims has expired.
(2)All debts, as defined in Section 11401, have been paid or are sufficiently secured by mortgage or otherwise, or there is sufficient cash in the estate aside from the money to be invested to pay all the debts, or the court is otherwise satisfied that all the debts will be paid.
(3)The estate is not in a condition to be finally distributed.
(b)To obtain an order under this section, the personal representative or any interested person shall file a petition showing the general condition of the estate and the types of investments that are proposed to be made.
(c)Notice of the hearing on the petition shall be delivered as provided in Section 1220. In addition, the petitioner shall cause notice of the hearing and a copy of the petition to be delivered pursuant to Section 1215 to all known devisees of property which is proposed to be invested. Where the property proposed to be invested is devised to a trust or trustee, notice of the hearing and a copy of the petition shall be delivered pursuant to Section 1215 to the trustee or, if the trustee has not yet accepted the trust, to the person named in the will as trustee. Delivery pursuant to this subdivision shall be to the persons last known address as provided in Section 1220.
(d)If no objection has been filed by an interested person, the court may make an order authorizing or directing the personal representative to invest such portion of the money of the estate as the court deems advisable in the types of investments proposed in the petition and authorized by the will. If there is no objection by an interested person and no substantial reason why some or all of the investment powers given by the will should not be exercised, the court shall make the order. The order may be for a limited period or until the administration of the estate is completed. Upon petition of the personal representative or any interested person, the order may be renewed, modified, or terminated at any time.
SEC. 77.Section 9762 of the Probate Code is amended to read:9762.(a)After authorization by order of court upon a showing that it would be to the advantage of the estate and in the best interest of the interested persons, the personal representative may continue as a general or a limited partner in any partnership in which the decedent was a general partner at the time of death. In its order, the court may specify any terms and conditions of the personal representatives participation as a partner that the court determines are to the advantage of the estate and in the best interest of the interested persons, but any terms and conditions that are inconsistent with the terms of any written partnership agreement are subject to the written consent of all of the surviving partners.
(b)If there is a written partnership agreement permitting the decedents personal representative to participate as a partner, the personal representative has all the rights, powers, duties, and obligations provided in the written partnership agreement, except as otherwise ordered by the court pursuant to subdivision (a).
(c)If there is not a written partnership agreement, the personal representative has the rights, powers, duties, and obligations that the court specifies in its order pursuant to subdivision (a).
(d)To obtain an order under this section, the personal representative or any interested person shall file a petition showing that the order requested would be to the advantage of the estate and in the best interest of the interested persons. Notice of the hearing on the petition shall be given as provided in Section 1220. In addition, unless the court otherwise orders, the petitioner, not less than 15 days before the hearing, shall cause notice of hearing and a copy of the petition to be delivered pursuant to Section 1215 to each of the surviving general partners at his or her last known address.
SEC. 78.Section 9783 of the Probate Code is amended to read:9783.A person described in Section 9782 may personally deliver or mail a written objection to the disposition or abandonment to the personal representative on or before the date specified in the notice as the date on or after which the property will be disposed of or abandoned. Subject to Section 9788, after receipt of the written objection, the personal representative shall not dispose of or abandon the property without authorization by order of the court obtained under Section 9611.
SEC. 79.Section 9787 of the Probate Code is amended to read:9787.(a)Except as provided in subdivision (b), a person described in Section 9782 who receives notice of the proposed disposition or abandonment as provided in Section 9782, waives the right to have the court later review the disposition or abandonment of the property unless the person does one of the following:
(1)Personally delivers or mails a written objection as provided in Section 9783.
(2)Serves a restraining order obtained under Section 9784 before whichever of the following is the later time:
(A)The date specified in the notice of proposed disposition or abandonment as the date on or after which the property will be disposed of or abandoned.
(B)The date the property has actually been disposed of or abandoned.
(b)Subject to Section 9785, the court may review the disposition or abandonment of the property upon the motion of a person described in subdivision (a) of Section 9782 who establishes that he or she did not actually receive notice of the proposed disposition or abandonment before the time to object expired.
SEC. 80.Section 10585 of the Probate Code is amended to read:10585.(a)The notice of proposed action shall state all of the following:
(1)The name, mailing address, and electronic address of the personal representative.
(2)The name, telephone number, and electronic address of a person who may be contacted for additional information.
(3)The action proposed to be taken, with a reasonably specific description of the action. If the proposed action involves the sale or exchange of real property, or the granting of an option to purchase real property, the notice of proposed action shall state the material terms of the transaction, including, if applicable, the sale price and the amount of, or method of calculating, any commission or compensation paid or to be paid to an agent or broker in connection with the transaction.
(4)The date on or after which the proposed action is to be taken.
(b)The notice of proposed action may be given using the most current Notice of Proposed Action form prescribed by the Judicial Council.
(c)If the most current form prescribed by the Judicial Council is not used to give notice of proposed action, the notice of proposed action shall satisfy all of the following requirements:
(1)The notice of proposed action shall be in substantially the same form as the form prescribed by the Judicial Council.
(2)The notice of proposed action shall contain the statements described in subdivision (a).
(3)The notice of proposed action shall contain a form for objecting to the proposed action in substantially the form set out in the Judicial Council form.
SEC. 81.Section 10586 of the Probate Code is amended to read:10586.The notice of proposed action shall be delivered pursuant to Section 1215 to each person required to be given notice of proposed action not less than 15 days before the date specified in the notice of proposed action on or after which the proposed action is to be taken. If mailed, the notice of proposed action shall be addressed to the person at the persons last known address.
SEC. 82.Section 10587 of the Probate Code is amended to read:10587.(a)Any person entitled to notice of proposed action under Section 10581 may object to the proposed action as provided in this section.
(b)The objection to the proposed action is made by delivering pursuant to Section 1215 a written objection to the proposed action to the personal representative at the address stated in the notice of proposed action. The person objecting to the proposed action either may use the Judicial Council form or may make the objection in any other writing that identifies the proposed action with reasonable certainty and indicates that the person objects to the taking of the proposed action.
(c)The personal representative is deemed to have notice of the objection to the proposed action if it is delivered or received at the address stated in the notice of proposed action before whichever of the following times is the later:
(1)The date specified in the notice of proposed action on or after which the proposed action is to be taken.
(2)The date the proposed action is actually taken.
SEC. 83.Section 11601 of the Probate Code is amended to read:11601.Notice of the hearing on the petition shall be given as provided in Section 1220 to all of the following persons:
(a)Each person listed in Section 1220.
(b)Each known heir whose interest in the estate would be affected by the petition.
(c)Each known devisee whose interest in the estate would be affected by the petition.
(d)The Attorney General, at the office of the Attorney General in Sacramento, if any portion of the estate is to escheat to the state and its interest in the estate would be affected by the petition.
(e)The Controller, if property is to be distributed to the state because there is no known beneficiary or if property is to be distributed to a beneficiary whose whereabouts is unknown. A copy of the latest account filed with the court shall be delivered to the Controller with the notice.
SEC. 84.Section 13200 of the Probate Code is amended to read:13200.(a)No sooner than six months from the death of a decedent, a person or persons claiming as successor of the decedent to a particular item of property that is real property may file in the superior court in the county in which the decedent was domiciled at the time of death, or if the decedent was not domiciled in this state at the time of death, then in any county in which real property of the decedent is located, an affidavit in the form prescribed by the Judicial Council pursuant to Section 1001 stating all of the following:
(1)The name of the decedent.
(2)The date and place of the decedents death.
(3)A legal description of the real property and the interest of the decedent therein.
(4)The name and address of each person serving as guardian or conservator of the estate of the decedent at the time of the decedents death, so far as known to the affiant.
(5)The gross value of all real property in the decedents estate located in California, as shown by the inventory and appraisal attached to this affidavit, excluding the real property described in Section 13050 of the California Probate Code, does not exceed fifty thousand dollars ($50,000).
(6)At least six months have elapsed since the death of the decedent as shown in a certified copy of decedents death certificate attached to this affidavit.
(7)Either of the following, as appropriate:
(A)No proceeding is now being or has been conducted in California for administration of the decedents estate.
(B)The decedents personal representative has consented in writing to use of the procedure provided by this chapter.
(8)Funeral expenses, expenses of last illness, and all unsecured debts of the decedent have been paid.
(9)The affiant is the successor of the decedent (as defined in Section 13006 of the Probate Code) and to the decedents interest in the described property, and no other person has a superior right to the interest of the decedent in the described property.
(10)The affiant declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
(b)For each person executing the affidavit, the affidavit shall contain a notary publics certificate of acknowledgment identifying the person.
(c)There shall be attached to the affidavit an inventory and appraisal of the decedents real property in this state, excluding the real property described in Section 13050. The inventory and appraisal of the real property shall be made as provided in Part 3 (commencing with Section 8800) of Division 7. The appraisal shall be made by a probate referee selected by the affiant from those probate referees appointed by the Controller under Section 400 to appraise property in the county where the real property is located.
(d)If the affiant claims under the decedents will and no estate proceeding is pending or has been conducted in California, a copy of the will shall be attached to the affidavit.
(e)A certified copy of the decedents death certificate shall be attached to the affidavit. If the decedents personal representative has consented to the use of the procedure provided by this chapter, a copy of the consent and of the personal representatives letters shall be attached to the affidavit.
(f)The affiant shall deliver pursuant to Section 1215 a copy of the affidavit and attachments to any person identified in paragraph (4) of subdivision (a).
SEC. 85.Section 13655 of the Probate Code is amended to read:13655.(a)If proceedings for the administration of the estate of the deceased spouse are pending at the time a petition is filed under this chapter, or if the proceedings are not pending and if the petition filed under this chapter is not filed with a petition for probate of the deceased spouses will or for administration of the estate of the deceased spouse, notice of the hearing on the petition filed under this chapter shall be given as provided in Section 1220 to all of the following persons:
(1)Each person listed in Section 1220 and each person named as executor in any will of the deceased spouse.
(2)All devisees and known heirs of the deceased spouse and, if the petitioner is the trustee of a trust that is a devisee under the will of the decedent, all persons interested in the trust, as determined in cases of future interests pursuant to paragraph (1), (2), or (3) of subdivision (a) of Section 15804.
(b)The notice specified in subdivision (a) shall also be delivered as provided in subdivision (a) to the Attorney General, addressed to the office of the Attorney General at Sacramento, if the petitioner bases the allegation that all or part of the estate of the deceased spouse is property passing to the surviving spouse upon the will of the deceased spouse and the will involves or may involve either of the following:
(1)A testamentary trust of property for charitable purposes other than a charitable trust with a designated trustee, resident in this state.
(2)A devise for a charitable purpose without an identified devisee or beneficiary.
SEC. 86.Section 15686 of the Probate Code is amended to read:15686.(a)As used in this section, trustees fee includes, but is not limited to, the trustees periodic base fee, rate of percentage compensation, minimum fee, hourly rate, and transaction charge, but does not include fees for extraordinary services.
(b)A trustee shall not charge an increased trustees fee for administration of a particular trust unless the trustee first gives at least 60 days written notice of that increased fee to all of the following persons:
(1)Each beneficiary who is entitled to an account under Section 16062.
(2)Each beneficiary who was given the last preceding account.
(3)Each beneficiary who has made a written request to the trustee for notice of an increased trustees fee and has given an address for receiving notice.
(c)If a beneficiary files a petition under Section 17200 for review of the increased trustees fee or for removal of the trustee and serves a copy of the petition on the trustee before the expiration of the 60-day period, the increased trustees fee does not take effect as to that trust until otherwise ordered by the court or the petition is dismissed.
SEC. 87.Section 16061.7 of the Probate Code is amended to read:16061.7.(a)A trustee shall serve a notification by the trustee as described in this section in the following events:
(1)When a revocable trust or any portion thereof becomes irrevocable because of the death of one or more of the settlors of the trust, or because, by the express terms of the trust, the trust becomes irrevocable within one year of the death of a settlor because of a contingency related to the death of one or more of the settlors of the trust.
(2)Whenever there is a change of trustee of an irrevocable trust.
(3)Whenever a power of appointment retained by a settlor is effective or lapses upon death of the settlor with respect to an inter vivos trust which was, or was purported to be, irrevocable upon its creation. This paragraph shall not apply to a charitable remainder trust. For purposes of this paragraph, charitable remainder trust means a charitable remainder annuity trust or charitable remainder unitrust as defined in Section 664(d) of the Internal Revenue Code.
(4)The duty to serve the notification by the trustee pursuant to this subdivision is the duty of the continuing or successor trustee, and any one cotrustee may serve the notification.
(b)The notification by the trustee required by subdivision (a) shall be served on each of the following:
(1)Each beneficiary of the irrevocable trust or irrevocable portion of the trust, subject to the limitations of Section 15804.
(2)Each heir of the deceased settlor, if the event that requires notification is the death of a settlor or irrevocability within one year of the death of the settlor of the trust by the express terms of the trust because of a contingency related to the death of a settlor.
(3)If the trust is a charitable trust subject to the supervision of the Attorney General, to the Attorney General.
(c)A trustee shall, for purposes of this section, rely upon any final judicial determination of heirship, known to the trustee, but the trustee shall have discretion to make a good faith determination by any reasonable means of the heirs of a deceased settlor in the absence of a final judicial determination of heirship known to the trustee.
(d)The trustee need not provide a copy of the notification by trustee to any beneficiary or heir (1) known to the trustee but who cannot be located by the trustee after reasonable diligence or (2) unknown to the trustee.
(e)The notification by trustee shall be served by any of the methods described in Section 1215 to the last known address.
(f)The notification by trustee shall be served not later than 60 days following the occurrence of the event requiring service of the notification by trustee, or 60 days after the trustee became aware of the existence of a person entitled to receive notification by trustee, if that person was not known to the trustee on the occurrence of the event requiring service of the notification. If there is a vacancy in the office of the trustee on the date of the occurrence of the event requiring service of the notification by trustee, or if that event causes a vacancy, then the 60-day period for service of the notification by trustee commences on the date the new trustee commences to serve as trustee.
(g)The notification by trustee shall contain the following information:
(1)The identity of the settlor or settlors of the trust and the date of execution of the trust instrument.
(2)The name, address, and telephone number of each trustee of the trust.
(3)The address of the physical location where the principal place of administration of the trust is located, pursuant to Section 17002.
(4)Any additional information that may be expressly required by the terms of the trust instrument.
(5)A notification that the recipient is entitled, upon reasonable request to the trustee, to receive from the trustee a true and complete copy of the terms of the trust.
(h)If the notification by the trustee is served because a revocable trust or any portion of it has become irrevocable because of the death of one or more settlors of the trust, or because, by the express terms of the trust, the trust becomes irrevocable within one year of the death of a settlor because of a contingency related to the death of one or more of the settlors of the trust, the notification by the trustee shall also include a warning, set out in a separate paragraph in not less than 10-point boldface type, or a reasonable equivalent thereof, that states as follows:
You may not bring an action to contest the trust more than 120 days from the date this notification by the trustee is served upon you or 60 days from the date on which a copy of the terms of the trust is delivered to you during that 120-day period, whichever is later.
(i)Any waiver by a settlor of the requirement of serving the notification by trustee required by this section is against public policy and shall be void.
(j)A trustee may serve a notification by trustee in the form required by this section on any person in addition to those on whom the notification by trustee is required to be served. A trustee is not liable to any person for serving or for not serving the notice on any person in addition to those on whom the notice is required to be served. A trustee is not required to serve a notification by trustee if the event that otherwise requires service of the notification by trustee occurs before January 1, 1998.
SEC. 88.Section 16061.8 of the Probate Code is amended to read:16061.8.No person upon whom the notification by the trustee is served pursuant to this chapter, whether the notice is served on him or her within or after the time period set forth in subdivision (f) of Section 16061.7, may bring an action to contest the trust more than 120 days from the date the notification by the trustee is served upon him or her, or 60 days from the day on which a copy of the terms of the trust is delivered pursuant to Section 1215 to him or her during that 120-day period, whichever is later.
SEC. 89.Section 16061.9 of the Probate Code is amended to read:16061.9.(a)A trustee who fails to serve the notification by trustee as required by Section 16061.7 on a beneficiary shall be responsible for all damages, attorneys fees, and costs caused by the failure unless the trustee makes a reasonably diligent effort to comply with that section.
(b)A trustee who fails to serve the notification by trustee as required by Section 16061.7 on an heir who is not a beneficiary and whose identity is known to the trustee shall be responsible for all damages caused to the heir by the failure unless the trustee shows that the trustee made a reasonably diligent effort to comply with that section. For purposes of this subdivision, reasonably diligent effort means that the trustee has delivered notice pursuant to Section 1215 to the heir at the heirs last address actually known to the trustee.
(c)A trustee, in exercising discretion with respect to the timing and nature of distributions of trust assets, may consider the fact that the period in which a beneficiary or heir could bring an action to contest the trust has not expired.
SEC. 90.Section 16336.6 of the Probate Code is amended to read:16336.6.Unless expressly prohibited by the governing instrument, a trustee may reconvert the trust from a unitrust or change the payout percentage of a unitrust.
(a)The trustee may make the reconversion or change in payout percentage without a court order if all of the following conditions are satisfied:
(1)At least three years have elapsed since the most recent conversion to a unitrust.
(2)The trustee determines that reconversion or change in payout percentage would enable the trustee to better comply with the provisions of subdivision (b) of Section 16335.
(3)One of the following notice requirements is satisfied:
(A)In the case of a proposed reconversion, the trustee gives written notice of the trustees intention to convert that complies with the requirements of Chapter 5 (commencing with Section 16500) and no beneficiary objects to the proposed action in a writing delivered pursuant to Section 1215 to the trustee within the period prescribed by subdivision (d) of Section 16502. The trustees notice shall include the information described in paragraphs (3) and (4) of subdivision (c) of Section 16336.4.
(B)In the case of a proposed change in payout percentage, the trustee gives written notice stating the new payout percentage that the trustee proposes to adopt, which notice shall comply with the requirements of Chapter 5 (commencing with Section 16500), and no beneficiary objects to the proposed action in a writing delivered pursuant to Section 1215 to the trustee within the period prescribed by subdivision (d) of Section 16502.
(b)The trustee may make the reconversion or change in payout percentage at any time pursuant to court order provided that: (1) the court determines that reconversion or change in payout percentage will enable the trustee to better comply with the provisions of subdivision (b) of Section 16335, and (2) in the case of a change in payout percentage, the new payout percentage is at least 3 percent and no greater than 5 percent. The court may enter an order pursuant to this subdivision upon the petition of the trustee or any beneficiary.
SEC. 91.Section 16501 of the Probate Code is amended to read:16501.(a)The trustee who elects to provide notice pursuant to this chapter shall deliver notice pursuant to Section 1215 of the proposed action to each of the following:
(1)A beneficiary who is receiving, or is entitled to receive, income under the trust, including a beneficiary who is entitled to receive income at the discretion of the trustee.
(2)A beneficiary who would receive a distribution of principal if the trust were terminated at the time the notice is given.
(b)Notice of proposed action is not required to be given to a person who consents in writing to the proposed action. The consent may be executed at any time before or after the proposed action is taken.
(c)A trustee is not required to provide a copy of the notice of proposed action to a beneficiary who is known to the trustee but who cannot be located by the trustee after reasonable diligence or who is unknown to the trustee.
(d)Notwithstanding any other provision of this chapter, the trustee may not use a notice of proposed action in any of the following actions:
(1)Allowance of the trustees compensation.
(2)Allowance of compensation of the attorney for the trustee.
(3)Settlement of accounts.
(4)Discharge of the trustee.
(5)Sale of property of the trust to the trustee or to the attorney for the trustee.
(6)Exchange of property of the trust for property of the trustee or for property of the attorney for the trustee.
(7)Grant of an option to purchase property of the trust to the trustee or to the attorney for the trustee.
(8)Allowance, payment, or compromise of a claim of the trustee, or the attorney for the trustee, against the trust.
(9)Compromise or settlement of a claim, action, or proceeding by the trust against the trustee or against the attorney for the trust.
(10)Extension, renewal, or modification of the terms of a debt or other obligation of the trustee, or the attorney for the trustee, owing to or in favor of the trust.
SEC. 92.Section 16502 of the Probate Code is amended to read:16502.The notice of proposed action shall state that it is given pursuant to this section and shall include all of the following:
(a)The name, mailing address, and electronic address of the trustee.
(b)The name, telephone number, and electronic address of a person who may be contacted for additional information.
(c)A description of the action proposed to be taken and an explanation of the reasons for the action.
(d)The time within which objections to the proposed action can be made, which shall be at least 45 days from the delivery or receipt of the notice of proposed action.
(e)The date on or after which the proposed action may be taken or is effective.
SEC. 93.Section 16503 of the Probate Code is amended to read:16503.(a)A beneficiary may object to the proposed action by delivering a written objection pursuant to Section 1215 to the trustee at the address stated in the notice of proposed action within the time period specified in the notice of proposed action.
(b)A trustee is not liable to a beneficiary for an action regarding a matter governed by this part if the trustee does not receive a written objection to the proposed action from a beneficiary within the applicable period and the other requirements of this section are satisfied. If no beneficiary entitled to notice objects under this section, the trustee is not liable to any current or future beneficiary with respect to the proposed action. This subdivision does not apply to a person who is a minor or an incompetent adult at the time of receiving the notice of proposed action unless the notice is served on a guardian or conservator of the estate of the person.
(c)If the trustee receives a written objection within the applicable period, either the trustee or a beneficiary may petition the court to have the proposed action taken as proposed, taken with modifications, or denied. In the proceeding, a beneficiary objecting to the proposed action has the burden of proving that the trustees proposed action should not be taken. A beneficiary who has not objected is not estopped from opposing the proposed action in the proceeding.
(d)If the trustee decides not to implement the proposed action, the trustee shall notify the beneficiaries of the decision not to take the action and the reasons for the decision, and the trustees decision not to implement the proposed action does not itself give rise to liability to any current or future beneficiary. A beneficiary may petition the court to have the action taken, and has the burden of proving that it should be taken.
SEC. 94.Section 17203 of the Probate Code is amended to read:17203.(a)At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of hearing to be delivered pursuant to Section 1215 to all of the following persons:
(1)All trustees.
(2)All beneficiaries, subject to Chapter 2 (commencing with Section 15800) of Part 3.
(3)The Attorney General, if the petition relates to a charitable trust subject to the jurisdiction of the Attorney General.
(b)At least 30 days before the time set for hearing on the petition, the petitioner shall cause notice of the hearing and a copy of the petition to be served in the manner provided in Chapter 4 (commencing with Section 413.10) of Title 5 of Part 2 of the Code of Civil Procedure on any person, other than a trustee or beneficiary, whose right, title, or interest would be affected by the petition and who does not receive notice pursuant to subdivision (a). The court may not shorten the time for giving notice under this subdivision.
(c)If a person to whom notice otherwise would be given has been deceased for at least 40 days, and no personal representative has been appointed for the estate of that person, and the deceased persons right, title, or interest has not passed to any other person pursuant to Division 8 (commencing with Section 13000) or otherwise, notice may instead be given to the following persons:
(1)Each heir and devisee of the decedent, and all persons named as executors of the will of the decedent, so far as known to the petitioner.
(2)Each person serving as guardian or conservator of the decedent at the time of the decedents death, so far as known to the petitioner.
SEC. 95.Section 17204 of the Probate Code is amended to read:17204.(a)If proceedings involving a trust are pending, a beneficiary of the trust may, in person or by attorney, file with the court clerk where the proceedings are pending a written request stating that the beneficiary desires special notice of the filing of petitions in the proceeding relating to any or all of the purposes described in Section 17200 and giving an address for receiving notice by mail. A copy of the request shall be delivered pursuant to Section 1215 to the trustee or the trustees attorney. If personally delivered, the request shall be effective when it is delivered. If mailed or electronically delivered, the request shall be effective when it is received. When the original of the request is filed with the court clerk, it shall be accompanied by a written admission or proof of service. A request for special notice may be modified or withdrawn in the same manner as provided for the making of the initial request.
(b)(1)An interested person may request special notice in the same manner as a beneficiary under subdivision (a), for the purpose set forth in paragraph (9) of subdivision (b) of Section 17200. The request for special notice shall be accompanied by a verified statement of the persons interest.
(2)For purposes set forth in paragraphs (2), (4) to (6), inclusive, (8), (12), (16), (20), and (21) of subdivision (b) of Section 17200, an interested person may petition the court for an order for special notice of proceedings involving a trust. The petition shall include a verified statement of the creditors interest and may be served on the trustee or the trustees attorney in a manner described in Section 1215. The petition may be made by ex parte application.
(3)For purposes of this subdivision, an interested person means only a creditor of a trust or, if the trust has become irrevocable upon the death of a trustor, a creditor of the trustor.
(4)This section does not confer standing on an interested person if standing does not otherwise exist.
(c)Except as provided in subdivision (d), after serving and filing a request and proof of service pursuant to subdivision (a) or paragraph (1) of subdivision (b), the beneficiary or the interested person is entitled to notice pursuant to Section 17203. If the petition of an interested person filed pursuant to paragraph (2) of subdivision (b) is granted by the court, the interested person is entitled to notice pursuant to Section 17203.
(d)A request for special notice made by a beneficiary whose right to notice is restricted by Section 15802 is not effective.
SEC. 96.Section 17205 of the Probate Code is amended to read:17205.If a trustee or beneficiary has served and filed either a notice of appearance, in person or by counsel, directed to the petitioner or the petitioners counsel in connection with a particular petition and proceeding or a written request for a copy of the petition, and has given an address to which notice or a copy of the petition may be delivered pursuant to Section 1215, the petitioner shall cause a copy of the petition to be delivered to that person within five days after service of the notice of appearance or receipt of the request.
SEC. 97.Section 17403 of the Probate Code is amended to read:17403.(a)At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of the time and place of the hearing to be delivered pursuant to Section 1215 to each of the persons named in the petition at their respective addresses as stated in the petition.
(b)Any person interested in the trust, as trustee, beneficiary, or otherwise, may appear and file written grounds in opposition to the petition.
SEC. 98.Section 17454 of the Probate Code is amended to read:17454.(a)At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of the time and place of the hearing to be delivered pursuant to Section 1215 to each of the persons named in the petition at their respective addresses as stated in the petition.
(b)Any person interested in the trust, as trustee, beneficiary, or otherwise, may appear and file written grounds in opposition to the petition.
SEC. 99.Section 19011 of the Probate Code is amended to read:19011.(a)The Judicial Council may prescribe the form and contents of the petition, notice, claim form, and allowance or rejection form to be used pursuant to this part. The allowance or rejection form may be part of the claim form.
(b)Any claim form adopted by the Judicial Council shall inform the creditor that the claim must be filed with the court and a copy delivered pursuant to Section 1215 to the trustee. The claim form shall include a proof of delivery of a copy of the claim to the trustee, which may be completed by the claimant.
SEC. 100.Section 19024 of the Probate Code is amended to read:19024.At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of the time and place of the hearing, together with a copy of the petition, to be delivered pursuant to Section 1215 to each of the following persons who is not a petitioner:
(a)All trustees of the trust and of any other trusts to which an allocation of liability may be approved by the court pursuant to the petition.
(b)All beneficiaries affected.
(c)The personal representative of the deceased settlors probate estate, if any is known to the trustee.
(d)The Attorney General, if the petition relates to a charitable trust subject to the jurisdiction of the Attorney General, unless the Attorney General waives notice.
SEC. 101.Section 19040 of the Probate Code is amended to read:19040.(a)Publication of notice pursuant to this section shall be for at least 15 days. Three publications in a newspaper published once a week or more often, with at least five days intervening between the first and last publication dates, not counting the first and last publication dates as part of the five-day period, are sufficient. Notice shall be published in a newspaper of general circulation in the city, county, or city and county in this state where the deceased settlor resided at the time of death, or if none, in the city, county, or city and county in this state wherein trust property was located at the time of the settlors death, or if none, in the city, county, or city and county in this state wherein the principal place of administration of the trust was located at the time of the settlors death. If there is no newspaper of general circulation published in the applicable city, county, or city and county, notice shall be published in a newspaper of general circulation published in this state nearest to the applicable city, county, or city and county seat, and which is circulated within the applicable city, county, or city and county. If there is no such newspaper, notice shall be given in written or printed form, posted at three of the most public places within the community. For purposes of this section, city means a charter city as defined in Section 34101 of the Government Code or a general law city as defined in Section 34102 of the Government Code.
(b)The caption of the notice, the deceased settlors name, and the name of
the trustee shall be in at least 8-point type, the text of the notice shall be in at least 7-point type, and the notice shall state substantially as follows:
NOTICE TO CREDITORS | |
# ____________ SUPERIOR COURT OF CALIFORNIA COUNTY OF _________ Notice is hereby given to the creditors and contingent creditors of the above-named decedent, that all persons having claims against the decedent are required to file them with the Superior Court, at _______, and deliver pursuant to Section 1215 of the California Probate Code a copy to _____, as trustee of the trust dated ____ wherein the decedent was the settlor, at _____, within the later of four months after ____ (the date of the first publication of notice to creditors) or, if notice is mailed or personally delivered to you, 60 days after the date this notice is mailed or personally delivered to you. A claim form may be obtained from the court clerk. For your protection, you are encouraged to file your claim by certified mail, with return receipt requested. | |
(name and address of trustee or attorney) |
(c)An affidavit showing due publication of notice shall be filed with the clerk upon completion of the publication. The affidavit shall contain a copy of the notice, and state the date of its first publication.
SEC. 102.Section 19052 of the Probate Code is amended to read:19052.The notice shall be in substantially the following form:
NOTICE TO CREDITORS
OF _____________
# ____________
SUPERIOR COURT OF CALIFORNIA
COUNTY OF _________
Notice is hereby given to the creditors and contingent creditors of the above-named decedent, that all persons having claims against the decedent are required to file them with the Superior Court, at _______, and deliver pursuant to Section 1215 of the California Probate Code a copy to ______, as trustee of the trust dated _____ wherein the decedent was the settlor, at _______, within the later of four months after _____ (the date of the first publication
of notice to creditors) or, if notice is mailed or personally delivered to you, 60 days after the date this notice is mailed or personally delivered to you, or you must petition to file a late claim as provided in Section 19103 of the Probate Code. A claim form may be obtained from the court clerk. For your protection, you are encouraged to file your claim by certified mail, with return receipt requested.
__________________________
(Date of mailing this
notice if applicable)
___________________________
(name and address of
trustee or attorney)
(a)A claim may be filed by the creditor or a person acting on behalf of the claimant.
(b)A claim shall be filed with the court and a copy shall be delivered to the trustee pursuant to Section 1215. Failure to deliver a copy to the trustee does not invalidate a properly filed claim, but any loss that results from the failure shall be borne by the creditor.
SEC. 104.Section 19153 of the Probate Code is amended to read:19153.The Judicial Council may adopt a claim form which shall inform the creditor that the claim must be filed with the court and a copy delivered to the trustee pursuant to Section 1215. Any such claim form shall include a proof of delivery of a copy of the claim to the trustee which may be completed by the creditor.
SEC. 105.Section 19323 of the Probate Code is amended to read:19323.(a)At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of the time and place of the hearing and a copy of the petition to be served on the surviving spouse in the manner provided in Chapter 4 (commencing with Section 413.10) of Title 5 of Part 2 of the Code of Civil Procedure.
(b)At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of the time and place of hearing, together with a copy of the petition, to be delivered pursuant to Section 1215 to each of the following persons who are not petitioners:
(1)All trustees of the trust and of any trusts to which an allocation of liability may be approved by the court pursuant to the petition.
(2)All beneficiaries affected.
(3)The personal representative of the deceased settlors probate estate, if any is known to the trustee.
(4)The Attorney General, if the petition relates to a charitable trust subject to the jurisdiction of the Attorney General, unless the Attorney General waives notice.
SEC. 106.Section 20122 of the Probate Code is amended to read:20122.Not less than 30 days before the hearing, the petitioner shall do both of the following:
(a)Cause notice of the hearing and a copy of the petition to be delivered pursuant to Section 1215 to the personal representative and to each person interested in the estate against whom prorated amounts may be charged pursuant to paragraph (1) of subdivision (a) of Section 20123.
(b)Cause a summons and a copy of the petition to be served on each person interested in the estate who may be directed to make payment of prorated amounts pursuant to paragraph (2) of subdivision (a) of Section 20123. The summons shall be in the form and shall be served in the manner prescribed in Title 5 (commencing with Section 410.10) of Part 2 of the Code of Civil Procedure.
SEC. 107.Section 20222 of the Probate Code is amended to read:20222.Not less than 30 days before the hearing the petitioner shall do both of the following:
(a)Cause notice of the hearing and a copy of the petition to be delivered pursuant to Section 1215 to the trustee and each transferee against whom prorated amounts may be charged pursuant to paragraph (1) of subdivision (a) of Section 20223.
(b)Cause a summons and a copy of the petition to be served on each transferee who may be directed to make payment of prorated amounts pursuant to paragraph (2) of subdivision (a) of Section 20223. The summons shall be in the form and shall be served in the manner prescribed in Title 5 (commencing with Section 410.10) of Part 2 of the Code of Civil Procedure.
SEC. 108.Section 212.5 is added to the Welfare and Institutions Code, to read:212.5.Unless otherwise provided by law, a document in a juvenile court matter may be filed and served electronically as prescribed by Section 1010.6 of the Code of Civil Procedure, under the following conditions:
(a)Electronic service is authorized only if the county and the court permit electronic service.
(b)Electronic service on a party or other person is permitted only if the party or other person consents to receive service electronically. has provided express consent to accept service electronically in that specific action by completing the appropriate Judicial Council form. A party or other person may subsequently withdraw its consent to electronic service. The Judicial Council shall create a form designed to implement this section. service by completing the appropriate Judicial Council form.
(c)Consent or the withdrawal of consent to receive electronic service may be filed with the court only by a party or other person entitled to service, or that persons attorney.
(d)Electronic service is not permitted on any party or person who is under 16 years of age.(d)Electronic service shall be provided in the following manner:
(1)Electronic service is not permitted on any party or person who is under 10 years of age.
(2)Electronic service is not permitted on any party or person who is between 10 years of age and 15 years of age without the express consent of the minor and the minors attorney.
(3)Electronic service shall be permitted on any party or person who is 16 to 18 years of age only if the minor, after consultation with his or her attorney, consents. By January 1, 2019, the Judicial Council shall develop a rule of court on the duties of the minors attorney during the required consultation.
(e)If the party or other person to be served is a minor who is 16 years of age or older, the following apply:(1)Electronic service shall be permitted only upon consent by the minor and the minors attorney. (2)(4)Electronic service of psychological or medical documentation related to a minor shall not be permitted.
(f)The(e)In the following matters, the party or other person shall be served by both electronic means and by other means specified by law if the document to be served is one of the following:
(1)A notice of hearing or an appellate advisement issued pursuant to subparagraph (A) of paragraph (3) of subdivision (l) of Section 366.26 for a hearing at which a social worker is recommending the termination of parental rights.
(2)A citation issued pursuant to Section 661.
(3)A notice of hearing pursuant to subdivision (d) of Section 777.
(g)(f)If the minor is an Indian child or the court has reason to know that an Indian child is involved, service shall be made pursuant to Section 224.2.
(h)(g)Electronic service and electronic filing shall be conducted in a manner that preserves and ensures the confidentiality of records by encryption.
(h)The requirements of this section shall be consistent with Section 1010.6 of the Code of Civil Procedure and rules of court adopted by the Judicial Council pursuant to that section.
SEC. 109.Section 248 of the Welfare and Institutions Code is amended to read:248.(a)A referee shall hear those cases that are assigned to him or her by the presiding judge of the juvenile court, with the same powers as a judge of the juvenile court, except that a referee shall not conduct any hearing to which the state or federal constitutional prohibitions against double jeopardy apply unless all of the parties thereto stipulate in writing that the referee may act in the capacity of a temporary judge. A referee shall promptly furnish to the presiding judge of the juvenile court and the minor, if the minor is 14 or more years of age or if younger has so requested, and shall serve upon the minors attorney of record and the minors parent or guardian or adult relative and the attorney of record for the minors parent or guardian or adult relative a written copy of his or her findings and order and shall also furnish to the minor, if the minor is 14 or more years of age or if younger has so requested, and to the parent or guardian or adult relative, with the findings and order, a written explanation of the right of those persons to seek review of the order by the juvenile court.
(b)Service, as provided in this section, shall be made as follows:
(1)If a minor, parent, or guardian is present in court at the time the findings and order are made, then the findings and order may be served in court on any minor, parent, or guardian who is present in court on that date and a written explanation of the right to seek review of the order as required pursuant to subdivision (a) shall be furnished at that time.
(2)If paragraph (1) is not applicable, service shall be made by mail or electronic service pursuant to Section 212.5, within the time period specified in Section 248.5, to the last known address of those persons or to the address designated by those persons appearing at the hearing before the referee and the documents served shall include, if applicable, the written explanation of the right to seek review of the order. If the parent or guardian does not have a last known address or electronic service address designated, service shall be to that party in care of his or her counsel.
SEC. 110.Section 248.5 of the Welfare and Institutions Code is amended to read:248.5.All written findings and orders of the court shall be served by the clerk of the court personally, by first-class mail, or by electronic service pursuant to Section 212.5, within three judicial days of their issuance on the petitioner, the minor or the minors counsel, the parent or the parents counsel, and the guardian or the guardians counsel.
SEC. 111.Section 290.1 of the Welfare and Institutions Code, as amended by Section 1 of Chapter 219 of the Statutes of 2015, is amended 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)Notice shall not be served electronically under this section.
(g)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. 112.Section 290.1 of the Welfare and Institutions Code, as added by Section 2 of Chapter 219 of the Statutes of 2015, is repealed.SEC. 113.Section 290.2 of the Welfare and Institutions Code, as amended by Section 309 of Chapter 86 of the Statutes of 2016, 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)Notice is not 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)Notice shall not be served electronically under this section.
(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. 114.Section 290.2 of the Welfare and Institutions Code, as amended by Section 310 of Chapter 86 of the Statutes of 2016, is repealed.SEC. 115.Section 291 of the Welfare and Institutions Code, as amended by Section 60 of Chapter 612 of the Statutes of 2016, 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, nonrelative extended family members, and resource family. 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 before 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 before 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, by first-class mail, or by electronic service pursuant to Section 212.5.
(3)If the child is not detained, the persons required to be noticed shall be noticed by personal service, by first-class mail, or by electronic service pursuant to Section 212.5, unless the person to be served is known to reside outside the county, in which case service shall be by first-class mail or by electronic service pursuant to Section 212.5.
(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. 116.Section 291 of the Welfare and Institutions Code, as amended by Section 61 of Chapter 612 of the Statutes of 2016, is repealed.SEC. 117.Section 292 of the Welfare and Institutions Code, as amended by Section 7 of Chapter 219 of the Statutes of 2015, 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 with return receipt requested, addressed to the last known address of the person to be noticed, or by electronic service pursuant to Section 212.5.
(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. 118.Section 292 of the Welfare and Institutions Code, as added by Section 8 of Chapter 219 of the Statutes of 2015, is repealed.SEC. 119.Section 293 of the Welfare and Institutions Code, as amended by Section 62 of Chapter 612 of the Statutes of 2016, 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, resource family, 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, by personal service, or by electronic service pursuant to Section 212.5.
(f)Notice to the current caregiver of the child, including a foster parent, a relative caregiver, a preadoptive parent, a nonrelative extended family member, a resource family, 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. 120.Section 293 of the Welfare and Institutions Code, as amended by Section 63 of Chapter 612 of the Statutes of 2016, is repealed.SEC. 121.Section 294 of the Welfare and Institutions Code, as amended by Section 64 of Chapter 612 of the Statutes of 2016, 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, nonrelative extended family members, or resource family. 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 service pursuant to Section 212.5, 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, placement with a fit and willing relative, or another planned permanent living arrangement, as appropriate, 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, placement with a fit and willing relative, or another planned permanent living arrangement, as appropriate, for the child. The court shall direct the parent to appear for the proceedings and then direct that the parent be notified thereafter only by first-class mail to the parents usual place of residence or business, or by electronic service pursuant to Section 212.5.
(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 served on the parent named in the notice by first-class mail at the place where the notice was delivered or by electronic service pursuant to Section 212.5.
(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, placement with a fit and willing relative, or another planned permanent living arrangement, as appropriate, service may be made by first-class mail to the parents usual place of residence of business or by electronic service pursuant to Section 212.5. In the case of an Indian child, if the recommendation of the probation officer or social worker is 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 or by electronic service pursuant to Section 212.5.
(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, placement with a fit and willing relative, or another planned permanent living arrangement, as appropriate, 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 or by electronic service pursuant to Section 212.5.
(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, placement with a fit and willing relative, or another planned permanent living arrangement, as appropriate, no further notice to the parent shall be required.
(h)Notice to all counsel of record shall be by first-class mail or by electronic service pursuant to Section 212.5.
(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)Notice of any hearing at which the county welfare department is recommending the termination of parental rights may only be served electronically if notice is also given by another means of service provided for in this section.
SEC. 122.Section 294 of the Welfare and Institutions Code, as amended by Section 65 of Chapter 612 of the Statutes of 2016, is repealed.SEC. 123.Section 295 of the Welfare and Institutions Code, as amended by Section 66 of Chapter 612 of the Statutes of 2016, 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, resource family, 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 or by electronic service pursuant to Section 212.5. 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 before 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. 124.Section 295 of the Welfare and Institutions Code, as amended by Section 67 of Chapter 612 of the Statutes of 2016, is repealed.SEC. 125.Section 297 of the Welfare and Institutions Code is amended to read:297.(a)A subsequent petition filed pursuant to Section 342 shall be noticed pursuant to Sections 290.1 and 290.2, except that service may be delivered by electronic service pursuant to Section 212.5.
(b)Upon the filing of a supplemental petition pursuant to Section 387, the clerk of the juvenile court shall immediately set the matter for hearing within 30 days of the date of the filing, and the social worker or probation officer shall cause notice thereof to be served upon the persons required by, and in the manner prescribed by, Sections 290.1, 290.2, and 291, except that service may be delivered by electronic service pursuant to Section 212.5.
(c)If a petition for modification has been filed pursuant to Section 388, and it appears that the best interest of the child may be promoted by the proposed change of the order, the recognition of a sibling relationship, or the termination of jurisdiction, the court shall order that a hearing be held and shall give prior notice, or cause prior notice to be given, to the social worker or probation officer and to the childs attorney of record, or if there is no attorney of record for the child, to the child, and his or her parent or parents or legal guardian or guardians in the manner prescribed by Section 291 unless a different manner is prescribed by the court.
(d)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.
(e)On and after January 1, 2012, if a petition for modification has been filed pursuant to subdivision (e) of Section 388 by a nonminor dependent, as described in subdivision (v) of Section 11400, no notice is required for a parent.
SEC. 126.Section 302 of the Welfare and Institutions Code is amended to read:302.(a)A juvenile court may assume jurisdiction over a child described in Section 300 regardless of whether the child was in the physical custody of both parents or was in the sole legal or physical custody of only one parent at the time that the events or conditions occurred that brought the child within the jurisdiction of the court.
(b)Unless their parental rights have been terminated, both parents shall be notified of all proceedings involving the child. In any case where the social worker is required to provide a parent or guardian with notice of a proceeding at which the social worker intends to present a report, the social worker shall also provide both parents, whether custodial or noncustodial, or any guardian, or the counsel for the parent or guardian a copy of the report prior to the hearing, by personal service, by first-class mail, or by electronic service pursuant to Section 212.5. The social worker shall not charge any fee for providing a copy of a report required by this subdivision. The social worker shall keep confidential the address of any parent who is known to be the victim of domestic violence.
(c)When a child is adjudged a dependent of the juvenile court, any issues regarding custodial rights between his or her parents shall be determined solely by the juvenile court, as specified in Sections 304, 361.2, and 362.4, so long as the child remains a dependent of the juvenile court.
(d)Any custody or visitation order issued by the juvenile court at the time the juvenile court terminates its jurisdiction pursuant to Section 362.4 regarding a child who has been previously adjudged to be a dependent child of the juvenile court shall be a final judgment and shall remain in effect after that jurisdiction is terminated. The order shall not be modified in a proceeding or action described in Section 3021 of the Family Code unless the court finds that there has been a significant change of circumstances since the juvenile court issued the order and modification of the order is in the best interests of the child.
SEC. 127.Section 316.1 of the Welfare and Institutions Code, as amended by Section 15 of Chapter 219 of the Statutes of 2015, is amended 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)Upon his or her appearance before the court, each party who consents to electronic service pursuant to Section 212.5 shall designate for the court his or her electronic service address. The court shall advise each party that the electronic service address will be used by the court and the social services agency for purposes of providing notice pursuant to Sections 291, 292, 293, 294, 295, 297, and 342, unless and until the party notifies the court or the social services agency of a new electronic service address in writing or unless the party withdraws consent to electronic service.
SEC. 128.Section 316.1 of the Welfare and Institutions Code, as added by Section 16 of Chapter 219 of the Statutes of 2015, is repealed.SEC. 129.Section 342 of the Welfare and Institutions Code is amended to read:342.(a)In any case in which a minor has been found to be a person described by Section 300 and the petitioner alleges new facts or circumstances, other than those under which the original petition was sustained, sufficient to state that the minor is a person described in Section 300, the petitioner shall file a subsequent petition. This section does not apply if the jurisdiction of the juvenile court has been terminated prior to the new allegations.
(b)Unless otherwise provided by law, all procedures and hearings required for an original petition are applicable to a subsequent petition filed under this section.
SEC. 130.Section 362.4 of the Welfare and Institutions Code is amended to read:362.4.(a)If the juvenile court terminates its jurisdiction over a minor who has been adjudged a dependent child of the juvenile court prior to the minors attainment of the age of 18 years, and proceedings for dissolution of marriage, for nullity of marriage, or for legal separation, of the minors parents, or proceedings to establish the paternity of the minor child brought under the Uniform Parentage Act, Part 3 (commencing with Section 7600) of Division 12 of the Family Code, are pending in the superior court of any county, or an order has been entered with regard to the custody of that minor, the juvenile court on its own motion, may issue a protective order as provided for in Section 213.5 or as defined in Section 6218 of the Family Code, and an order determining the custody of, or visitation with, the child.
(b)Any order issued pursuant to this section shall continue until modified or terminated by a subsequent order of the superior court. The order of the juvenile court shall be filed in the proceeding for nullity, dissolution, or legal separation, or in the proceeding to establish paternity, at the time the juvenile court terminates its jurisdiction over the minor, and shall become a part thereof.
(c)If no action is filed or pending relating to the custody of the minor in the superior court of any county, the juvenile court order may be used as the sole basis for opening a file in the superior court of the county in which the parent, who has been given custody, resides. The court may direct the parent or the clerk of the juvenile court to transmit the order to the clerk of the superior court of the county in which the order is to be filed. The clerk of the superior court shall, immediately upon receipt, open a file, without a filing fee, and assign a case number.
(d)The clerk of the superior court shall, upon the filing of any juvenile court custody order, send a copy of the order with the case number by first-class mail or by electronic means pursuant to Section 212.5 to the juvenile court and to the parents at the address listed on the order.
(e)The Judicial Council shall adopt forms for any custody or restraining order issued under this section. These form orders shall not be confidential.
SEC. 131.Section 364.05 of the Welfare and Institutions Code is amended to read:364.05.Notwithstanding Section 364, in a county of the first class, a copy of the report required pursuant to subdivision (b) of Section 364 shall be provided to all parties at least 10 calendar days before the hearing. This may be accomplished by electronically serving the report pursuant to Section 212.5 or by mailing the report at least 15 calendar days before the hearing to a party whose address is within the State of California, or at least 20 calendar days before the hearing to a party whose address is outside the State of California. The court shall grant a reasonable continuance, not to exceed 10 calendar days, upon request by any party or his or her counsel on the ground that the report was not provided at least 10 calendar days before the hearing as required by this section, unless the party or his or her counsel has expressly waived the requirement that the report be provided within the 10-day period or the court finds that the partys ability to proceed at the hearing is not prejudiced by the lack of timely service of the report. In making this determination, the court shall presume that a party is prejudiced by the lack of timely service of the report, and may find that the party is not prejudiced only by clear and convincing evidence to the contrary.
SEC. 132.Section 366.05 of the Welfare and Institutions Code is amended to read:366.05.Notwithstanding subdivision (c) of Section 366.21, in a county of the first class, any supplemental report filed in connection with a status review hearing held pursuant to subdivision (a) of Section 366 shall be provided to the parent or legal guardian and to counsel for the child at least 10 calendar days before the hearing. This may be accomplished by electronically serving the report pursuant to Section 212.5 or by mailing the report at least 15 calendar days before the hearing to a party whose address is within the State of California, or at least 20 calendar days before the hearing to a party whose address is outside the State of California. The court shall grant a reasonable continuance, not to exceed 10 calendar days, upon request by any party or his or her counsel on the ground that the report was not provided at least 10 calendar days before the hearing as required by this section, unless the party or his or her counsel has expressly waived the requirement that the report be provided within the 10-day period or the court finds that the partys ability to proceed at the hearing is not prejudiced by the lack of timely service of the report. In making this determination, the court shall presume that a party is prejudiced by the lack of timely service of the report, and may find that the party is not prejudiced only by clear and convincing evidence to the contrary.
SEC. 133.Section 366.21 of the Welfare and Institutions Code is amended to read:366.21.(a)Every hearing conducted by the juvenile court reviewing the status of a dependent child shall be placed on the appearance calendar. The court shall advise all persons present at the hearing of the date of the future hearing and of their right to be present and represented by counsel.
(b)Except as provided in Sections 294 and 295, notice of the hearing shall be provided pursuant to Section 293.
(c)At least 10 calendar days before the hearing, the social worker shall file a supplemental report with the court regarding the services provided or offered to the parent or legal guardian to enable him or her to assume custody and the efforts made to achieve legal permanence for the child if efforts to reunify fail, including, but not limited to, efforts to maintain relationships between a child who is 10 years of age or older and has been in out-of-home placement for six months or longer and individuals who are important to the child, consistent with the childs best interests; the progress made; and, where relevant, the prognosis for return of the child to the physical custody of his or her parent or legal guardian; and shall make his or her recommendation for disposition. If the child is a member of a sibling group described in subparagraph (C) of paragraph (1) of subdivision (a) of Section 361.5, the report and recommendation may also take into account those factors described in subdivision (e) relating to the childs sibling group. If the recommendation is not to return the child to a parent or legal guardian, the report shall specify why the return of the child would be detrimental to the child. The social worker shall provide the parent or legal guardian, counsel for the child, and any court-appointed child advocate with a copy of the report, including his or her recommendation for disposition, at least 10 calendar days before the hearing. The report may be served pursuant to Section 212.5. In the case of a child removed from the physical custody of his or her parent or legal guardian, the social worker shall, at least 10 calendar days before the hearing, provide a summary of his or her recommendation for disposition to any foster parents, relative caregivers, and certified foster parents who have been approved for adoption by the State Department of Social Services when it is acting as an adoption agency or by a county adoption agency, community care facility, or foster family agency having the physical custody of the child. The social worker shall include a copy of the Judicial Council Caregiver Information Form (JV-290) with the summary of his or her recommendation to the childs foster parents, relative caregivers, or foster parents approved for adoption, in the caregivers primary language when available, along with information on how to file the form with the court. The form and summary of the recommendation may be served electronically pursuant to Section 212.5.
(d)Prior to any hearing involving a child in the physical custody of a community care facility or a foster family agency that may result in the return of the child to the physical custody of his or her parent or legal guardian, or in adoption or the creation of a legal guardianship, or in the case of an Indian child, in consultation with the childs tribe, tribal customary adoption, the facility or agency shall file with the court a report, or a Judicial Council Caregiver Information Form (JV-290), containing its recommendation for disposition. Prior to the hearing involving a child in the physical custody of a foster parent, a relative caregiver, or a certified foster parent who has been approved for adoption by the State Department of Social Services when it is acting as an adoption agency or by a county adoption agency, the foster parent, relative caregiver, or the certified foster parent who has been approved for adoption by the State Department of Social Services when it is acting as an adoption agency or by a county adoption agency, may file with the court a report containing his or her recommendation for disposition. The court shall consider the report and recommendation filed pursuant to this subdivision prior to determining any disposition.
(e)(1)At the review hearing held six months after the initial dispositional hearing, but no later than 12 months after the date the child entered foster care as determined in Section 361.49, whichever occurs earlier, after considering the admissible and relevant evidence, the court shall order the return of the child to the physical custody of his or her parent or legal guardian unless the court finds, by a preponderance of the evidence, that the return of the child to his or her parent or legal guardian would create a substantial risk of detriment to the safety, protection, or physical or emotional well-being of the child. The social worker shall have the burden of establishing that detriment. At the hearing, the court shall consider the criminal history, obtained pursuant to paragraph (1) of subdivision (f) of Section 16504.5, of the parent or legal guardian subsequent to the childs removal to the extent that the criminal record is substantially related to the welfare of the child or the parents or guardians ability to exercise custody and control regarding his or her child, provided the parent or legal guardian agreed to submit fingerprint images to obtain criminal history information as part of the case plan. The court shall also consider whether the child can be returned to the custody of his or her parent who is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with his or her parent. The fact that the parent is enrolled in a certified substance abuse treatment facility shall not be, for that reason alone, prima facie evidence of detriment. The failure of the parent or legal guardian to participate regularly and make substantive progress in court-ordered treatment programs shall be prima facie evidence that return would be detrimental. In making its determination, the court shall review and consider the social workers report and recommendations and the report and recommendations of any child advocate appointed pursuant to Section 356.5; and shall consider the efforts or progress, or both, demonstrated by the parent or legal guardian and the extent to which he or she availed himself or herself of services provided, taking into account the particular barriers to a minor parent or a nonminor dependent parent, or an incarcerated, institutionalized, detained, or deported parents or legal guardians access to those court-mandated services and ability to maintain contact with his or her child.
(2)Regardless of whether the child is returned to a parent or legal guardian, the court shall specify the factual basis for its conclusion that the return would be detrimental or would not be detrimental. The court also shall make appropriate findings pursuant to subdivision (a) of Section 366; and, when relevant, shall order any additional services reasonably believed to facilitate the return of the child to the custody of his or her parent or legal guardian. The court shall also inform the parent or legal guardian that if the child cannot be returned home by the 12-month permanency hearing, a proceeding pursuant to Section 366.26 may be instituted. This section does not apply in a case in which, pursuant to Section 361.5, the court has ordered that reunification services shall not be provided.
(3)If the child was under three years of age on the date of the initial removal, or is a member of a sibling group described in subparagraph (C) of paragraph (1) of subdivision (a) of Section 361.5, and the court finds by clear and convincing evidence that the parent failed to participate regularly and make substantive progress in a court-ordered treatment plan, the court may schedule a hearing pursuant to Section 366.26 within 120 days. If, however, the court finds there is a substantial probability that the child, who was under three years of age on the date of initial removal or is a member of a sibling group described in subparagraph (C) of paragraph (1) of subdivision (a) of Section 361.5, may be returned to his or her parent or legal guardian within six months or that reasonable services have not been provided, the court shall continue the case to the 12-month permanency hearing.
(4)For the purpose of placing and maintaining a sibling group together in a permanent home, the court, in making its determination to schedule a hearing pursuant to Section 366.26 for some or all members of a sibling group, as described in subparagraph (C) of paragraph (1) of subdivision (a) of Section 361.5, shall review and consider the social workers report and recommendations. Factors the report shall address, and the court shall consider, may include, but need not be limited to, whether the sibling group was removed from parental care as a group, the closeness and strength of the sibling bond, the ages of the siblings, the appropriateness of maintaining the sibling group together, the detriment to the child if sibling ties are not maintained, the likelihood of finding a permanent home for the sibling group, whether the sibling group is currently placed together in a preadoptive home or has a concurrent plan goal of legal permanency in the same home, the wishes of each child whose age and physical and emotional condition permits a meaningful response, and the best interests of each child in the sibling group. The court shall specify the factual basis for its finding that it is in the best interests of each child to schedule a hearing pursuant to Section 366.26 within 120 days for some or all of the members of the sibling group.
(5)If the child was removed initially under subdivision (g) of Section 300 and the court finds by clear and convincing evidence that the whereabouts of the parent are still unknown, or the parent has failed to contact and visit the child, the court may schedule a hearing pursuant to Section 366.26 within 120 days. The court shall take into account any particular barriers to a parents ability to maintain contact with his or her child due to the parents incarceration, institutionalization, detention by the United States Department of Homeland Security, or deportation. If the court finds by clear and convincing evidence that the parent has been convicted of a felony indicating parental unfitness, the court may schedule a hearing pursuant to Section 366.26 within 120 days.
(6)If the child had been placed under court supervision with a previously noncustodial parent pursuant to Section 361.2, the court shall determine whether supervision is still necessary. The court may terminate supervision and transfer permanent custody to that parent, as provided for by paragraph (1) of subdivision (b) of Section 361.2.
(7)In all other cases, the court shall direct that any reunification services previously ordered shall continue to be offered to the parent or legal guardian pursuant to the time periods set forth in subdivision (a) of Section 361.5, provided that the court may modify the terms and conditions of those services.
(8)If the child is not returned to his or her parent or legal guardian, the court shall determine whether reasonable services that were designed to aid the parent or legal guardian in overcoming the problems that led to the initial removal and the continued custody of the child have been provided or offered to the parent or legal guardian. The court shall order that those services be initiated, continued, or terminated.
(f)(1)The permanency hearing shall be held no later than 12 months after the date the child entered foster care, as that date is determined pursuant to Section 361.49. At the permanency hearing, the court shall determine the permanent plan for the child, which shall include a determination of whether the child will be returned to the childs home and, if so, when, within the time limits of subdivision (a) of Section 361.5. After considering the relevant and admissible evidence, the court shall order the return of the child to the physical custody of his or her parent or legal guardian unless the court finds, by a preponderance of the evidence, that the return of the child to his or her parent or legal guardian would create a substantial risk of detriment to the safety, protection, or physical or emotional well-being of the child. The social worker shall have the burden of establishing that detriment.
(A)At the permanency hearing, the court shall consider the criminal history, obtained pursuant to paragraph (1) of subdivision (f) of Section 16504.5, of the parent or legal guardian subsequent to the childs removal to the extent that the criminal record is substantially related to the welfare of the child or the parents or legal guardians ability to exercise custody and control regarding his or her child, provided that the parent or legal guardian agreed to submit fingerprint images to obtain criminal history information as part of the case plan. The court shall also determine whether reasonable services that were designed to aid the parent or legal guardian to overcome the problems that led to the initial removal and continued custody of the child have been provided or offered to the parent or legal guardian.
(B)The court shall also consider whether the child can be returned to the custody of his or her parent who is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with his or her parent. The fact that the parent is enrolled in a certified substance abuse treatment facility shall not be, for that reason alone, prima facie evidence of detriment. The failure of the parent or legal guardian to participate regularly and make substantive progress in court-ordered treatment programs shall be prima facie evidence that return would be detrimental.
(C)In making its determination, the court shall review and consider the social workers report and recommendations and the report and recommendations of any child advocate appointed pursuant to Section 356.5, shall consider the efforts or progress, or both, demonstrated by the parent or legal guardian and the extent to which he or she availed himself or herself of services provided, taking into account the particular barriers to a minor parent or a nonminor dependent parent, or an incarcerated, institutionalized, detained, or deported parents or legal guardians access to those court-mandated services and ability to maintain contact with his or her child, and shall make appropriate findings pursuant to subdivision (a) of Section 366.
(D)For each youth 16 years of age and older, the court shall also determine whether services have been made available to assist him or her in making the transition from foster care to successful adulthood.
(2)Regardless of whether the child is returned to his or her parent or legal guardian, the court shall specify the factual basis for its decision. If the child is not returned to a parent or legal guardian, the court shall specify the factual basis for its conclusion that the return would be detrimental. The court also shall make a finding pursuant to subdivision (a) of Section 366. If the child is not returned to his or her parent or legal guardian, the court shall consider, and state for the record, in-state and out-of-state placement options. If the child is placed out of the state, the court shall make a determination whether the out-of-state placement continues to be appropriate and in the best interests of the child.
(g)If the time period in which the court-ordered services were provided has met or exceeded the time period set forth in subparagraph (A), (B), or (C) of paragraph (1) of subdivision (a) of Section 361.5, as appropriate, and a child is not returned to the custody of a parent or legal guardian at the permanency hearing held pursuant to subdivision (f), the court shall do one of the following:
(1)Continue the case for up to six months for a permanency review hearing, provided that the hearing shall occur within 18 months of the date the child was originally taken from the physical custody of his or her parent or legal guardian. The court shall continue the case only if it finds that there is a substantial probability that the child will be returned to the physical custody of his or her parent or legal guardian and safely maintained in the home within the extended period of time or that reasonable services have not been provided to the parent or legal guardian. For purposes of this section, in order to find a substantial probability that the child will be returned to the physical custody of his or her parent or legal guardian and safely maintained in the home within the extended period of time, the court shall be required to find all of the following:
(A)That the parent or legal guardian has consistently and regularly contacted and visited with the child.
(B)That the parent or legal guardian has made significant progress in resolving problems that led to the childs removal from the home.
(C)The parent or legal guardian has demonstrated the capacity and ability both to complete the objectives of his or her treatment plan and to provide for the childs safety, protection, physical and emotional well-being, and special needs.
(i)For purposes of this subdivision, the courts decision to continue the case based on a finding or substantial probability that the child will be returned to the physical custody of his or her parent or legal guardian is a compelling reason for determining that a hearing held pursuant to Section 366.26 is not in the best interests of the child.
(ii)The court shall inform the parent or legal guardian that if the child cannot be returned home by the next permanency review hearing, a proceeding pursuant to Section 366.26 may be instituted. The court shall not order that a hearing pursuant to Section 366.26 be held unless there is clear and convincing evidence that reasonable services have been provided or offered to the parent or legal guardian.
(2)Continue the case for up to six months for a permanency review hearing, provided that the hearing shall occur within 18 months of the date the child was originally taken from the physical custody of his or her parent or legal guardian, if the parent has been arrested and issued an immigration hold, detained by the United States Department of Homeland Security, or deported to his or her country of origin, and the court determines either that there is a substantial probability that the child will be returned to the physical custody of his or her parent or legal guardian and safely maintained in the home within the extended period of time or that reasonable services have not been provided to the parent or legal guardian.
(3)For purposes of paragraph (2), in order to find a substantial probability that the child will be returned to the physical custody of his or her parent or legal guardian and safely maintained in the home within the extended period of time, the court shall find all of the following:
(A)The parent or legal guardian has consistently and regularly contacted and visited with the child, taking into account any particular barriers to a parents ability to maintain contact with his or her child due to the parents arrest and receipt of an immigration hold, detention by the United States Department of Homeland Security, or deportation.
(B)The parent or legal guardian has made significant progress in resolving the problems that led to the childs removal from the home.
(C)The parent or legal guardian has demonstrated the capacity or ability both to complete the objectives of his or her treatment plan and to provide for the childs safety, protection, physical and emotional well-being, and special needs.
(4)Order that a hearing be held within 120 days, pursuant to Section 366.26, but only if the court does not continue the case to the permanency planning review hearing and there is clear and convincing evidence that reasonable services have been provided or offered to the parents or legal guardians. On and after January 1, 2012, a hearing pursuant to Section 366.26 shall not be ordered if the child is a nonminor dependent, unless the nonminor dependent is an Indian child and tribal customary adoption is recommended as the permanent plan.
(5)Order that the child remain in foster care, but only if the court finds by clear and convincing evidence, based upon the evidence already presented to it, including a recommendation by the State Department of Social Services when it is acting as an adoption agency or by a county adoption agency, that there is a compelling reason for determining that a hearing held pursuant to Section 366.26 is not in the best interests of the child because the child is not a proper subject for adoption and has no one willing to accept legal guardianship as of the hearing date. For purposes of this section, a recommendation by the State Department of Social Services when it is acting as an adoption agency or by a county adoption agency that adoption is not in the best interests of the child shall constitute a compelling reason for the courts determination. That recommendation shall be based on the present circumstances of the child and shall not preclude a different recommendation at a later date if the childs circumstances change. On and after January 1, 2012, the nonminor dependents legal status as an adult is in and of itself a compelling reason not to hold a hearing pursuant to Section 366.26. The court may order that a nonminor dependent who otherwise is eligible pursuant to Section 11403 remain in a planned, permanent living arrangement.
(A)The court shall make factual findings identifying any barriers to achieving the permanent plan as of the hearing date. When the child is under 16 years of age, the court shall order a permanent plan of return home, adoption, tribal customary adoption in the case of an Indian child, legal guardianship, or placement with a fit and willing relative, as appropriate. When the child is 16 years of age or older, or is a nonminor dependent, and no other permanent plan is appropriate at the time of the hearing, the court may order another planned permanent living arrangement, as described in paragraph (2) of subdivision (i) of Section 16501.
(B)If the court orders that a child who is 10 years of age or older remain in foster care, the court shall determine whether the agency has made reasonable efforts to maintain the childs relationships with individuals other than the childs siblings who are important to the child, consistent with the childs best interests, and may make any appropriate order to ensure that those relationships are maintained.
(C)If the child is not returned to his or her parent or legal guardian, the court shall consider, and state for the record, in-state and out-of-state options for permanent placement. If the child is placed out of the state, the court shall make a determination whether the out-of-state placement continues to be appropriate and in the best interests of the child.
(h)In any case in which the court orders that a hearing pursuant to Section 366.26 shall be held, it shall also order the termination of reunification services to the parent or legal guardian. The court shall continue to permit the parent or legal guardian to visit the child pending the hearing unless it finds that visitation would be detrimental to the child. The court shall make any other appropriate orders to enable the child to maintain relationships with individuals, other than the childs siblings, who are important to the child, consistent with the childs best interests. When the court orders a termination of reunification services to the parent or legal guardian, it shall also order that the childs caregiver receive the childs birth certificate in accordance with Sections 16010.4 and 16010.5. Additionally, when the court orders a termination of reunification services to the parent or legal guardian, it shall order, when appropriate, that a child who is 16 years of age or older receive his or her birth certificate.
(i)(1)Whenever a court orders that a hearing pursuant to Section 366.26, including, when, in consultation with the childs tribe, tribal customary adoption is recommended, shall be held, it shall direct the agency supervising the child and the county adoption agency, or the State Department of Social Services when it is acting as an adoption agency, to prepare an assessment that shall include:
(A)Current search efforts for an absent parent or parents or legal guardians.
(B)A review of the amount of and nature of any contact between the child and his or her parents or legal guardians and other members of his or her extended family since the time of placement. Although the extended family of each child shall be reviewed on a case-by-case basis, extended family for the purpose of this subparagraph shall include, but not be limited to, the childs siblings, grandparents, aunts, and uncles.
(C)An evaluation of the childs medical, developmental, scholastic, mental, and emotional status.
(D)A preliminary assessment of the eligibility and commitment of any identified prospective adoptive parent or legal guardian, including the prospective tribal customary adoptive parent, particularly the caretaker, to include a social history including screening for criminal records and prior referrals for child abuse or neglect, the capability to meet the childs needs, and the understanding of the legal and financial rights and responsibilities of adoption and guardianship. If a proposed guardian is a relative of the minor, the assessment shall also consider, but need not be limited to, all of the factors specified in subdivision (a) of Section 361.3 and in Section 361.4.
(E)The relationship of the child to any identified prospective adoptive parent or legal guardian, the duration and character of the relationship, the degree of attachment of the child to the prospective relative guardian or adoptive parent, the relatives or adoptive parents strong commitment to caring permanently for the child, the motivation for seeking adoption or guardianship, a statement from the child concerning placement and the adoption or guardianship, and whether the child, if over 12 years of age, has been consulted about the proposed relative guardianship arrangements, unless the childs age or physical, emotional, or other condition precludes his or her meaningful response, and if so, a description of the condition.
(F)A description of efforts to be made to identify a prospective adoptive parent or legal guardian, including, but not limited to, child-specific recruitment and listing on an adoption exchange within the state or out of the state.
(G)An analysis of the likelihood that the child will be adopted if parental rights are terminated.
(H)In the case of an Indian child, in addition to subparagraphs (A) to (G), inclusive, an assessment of the likelihood that the child will be adopted, when, in consultation with the childs tribe, a tribal customary adoption, as defined in Section 366.24, is recommended. If tribal customary adoption is recommended, the assessment shall include an analysis of both of the following:
(i)Whether tribal customary adoption would or would not be detrimental to the Indian child and the reasons for reaching that conclusion.
(ii)Whether the Indian child cannot or should not be returned to the home of the Indian parent or Indian custodian and the reasons for reaching that conclusion.
(2)(A)A relative caregivers preference for legal guardianship over adoption, if it is due to circumstances that do not include an unwillingness to accept legal or financial responsibility for the child, shall not constitute the sole basis for recommending removal of the child from the relative caregiver for purposes of adoptive placement.
(B)Regardless of his or her immigration status, a relative caregiver shall be given information regarding the permanency options of guardianship and adoption, including the long-term benefits and consequences of each option, prior to establishing legal guardianship or pursuing adoption. If the proposed permanent plan is guardianship with an approved relative caregiver for a minor eligible for aid under the Kin-GAP Program, as provided for in Article 4.7 (commencing with Section 11385) of Chapter 2 of Part 3 of Division 9, the relative caregiver shall be informed about the terms and conditions of the negotiated agreement pursuant to Section 11387 and shall agree to its execution prior to the hearing held pursuant to Section 366.26. A copy of the executed negotiated agreement shall be attached to the assessment.
(j)If, at any hearing held pursuant to Section 366.26, a guardianship is established for the minor with an approved relative caregiver, and juvenile court dependency is subsequently dismissed, the minor shall be eligible for aid under the Kin-GAP Program, as provided for in Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385), as applicable, of Chapter 2 of Part 3 of Division 9.
(k)As used in this section, relative means an adult who is related to the minor by blood, adoption, or affinity within the fifth degree of kinship, including stepparents, stepsiblings, and all relatives whose status is preceded by the words great, great-great, or grand, or the spouse of any of those persons even if the marriage was terminated by death or dissolution. If the proposed permanent plan is guardianship with an approved relative caregiver for a minor eligible for aid under the Kin-GAP Program, as provided for in Article 4.7 (commencing with Section 11385) of Chapter 2 of Part 3 of Division 9, relative as used in this section has the same meaning as relative as defined in subdivision (c) of Section 11391.
(l)For purposes of this section, evidence of any of the following circumstances shall not, in and of itself, be deemed a failure to provide or offer reasonable services:
(1)The child has been placed with a foster family that is eligible to adopt a child, or has been placed in a preadoptive home.
(2)The case plan includes services to make and finalize a permanent placement for the child if efforts to reunify fail.
(3)Services to make and finalize a permanent placement for the child, if efforts to reunify fail, are provided concurrently with services to reunify the family.
SEC. 134.Section 366.26 of the Welfare and Institutions Code is amended to read:366.26.(a)This section applies to children who are adjudged dependent children of the juvenile court pursuant to subdivision (d) of Section 360. The procedures specified herein are the exclusive procedures for conducting these hearings; Part 2 (commencing with Section 3020) of Division 8 of the Family Code is not applicable to these proceedings. Section 8616.5 of the Family Code is applicable and available to all dependent children meeting the requirements of that section, if the postadoption contact agreement has been entered into voluntarily. For children who are adjudged dependent children of the juvenile court pursuant to subdivision (d) of Section 360, this section, and Sections 8604, 8605, 8606, and 8700 of the Family Code and Chapter 5 (commencing with Section 7660) of Part 3 of Division 12 of the Family Code specify the exclusive procedures for permanently terminating parental rights with regard to, or establishing legal guardianship of, the child while the child is a dependent child of the juvenile court.
(b)At the hearing, which shall be held in juvenile court for all children who are dependents of the juvenile court, the court, in order to provide stable, permanent homes for these children, shall review the report as specified in Section 361.5, 366.21, 366.22, or 366.25, shall indicate that the court has read and considered it, shall receive other evidence that the parties may present, and then shall make findings and orders in the following order of preference:
(1)Terminate the rights of the parent or parents and order that the child be placed for adoption and, upon the filing of a petition for adoption in the juvenile court, order that a hearing be set. The court shall proceed with the adoption after the appellate rights of the natural parents have been exhausted.
(2)Order, without termination of parental rights, the plan of tribal customary adoption, as described in Section 366.24, through tribal custom, traditions, or law of the Indian childs tribe, and upon the court affording the tribal customary adoption order full faith and credit at the continued selection and implementation hearing, order that a hearing be set pursuant to paragraph (2) of subdivision (e).
(3)Appoint a relative or relatives with whom the child is currently residing as legal guardian or guardians for the child, and order that letters of guardianship issue.
(4)On making a finding under paragraph (3) of subdivision (c), identify adoption or tribal customary adoption as the permanent placement goal and order that efforts be made to locate an appropriate adoptive family for the child within a period not to exceed 180 days.
(5)Appoint a nonrelative legal guardian for the child and order that letters of guardianship issue.
(6)Order that the child be permanently placed with a fit and willing relative, subject to the periodic review of the juvenile court under Section 366.3.
(7)Order that the child remain in foster care, subject to the conditions described in paragraph (4) of subdivision (c) and the periodic review of the juvenile court under Section 366.3.
In choosing among the above alternatives the court shall proceed pursuant to subdivision (c).
(c)(1)If the court determines, based on the assessment provided as ordered under subdivision (i) of Section 366.21, subdivision (b) of Section 366.22, or subdivision (b) of Section 366.25, and any other relevant evidence, by a clear and convincing standard, that it is likely the child will be adopted, the court shall terminate parental rights and order the child placed for adoption. The fact that the child is not yet placed in a preadoptive home nor with a relative or foster family who is prepared to adopt the child, shall not constitute a basis for the court to conclude that it is not likely the child will be adopted. A finding under subdivision (b) or paragraph (1) of subdivision (e) of Section 361.5 that reunification services shall not be offered, under subdivision (e) of Section 366.21 that the whereabouts of a parent have been unknown for six months or that the parent has failed to visit or contact the child for six months, or that the parent has been convicted of a felony indicating parental unfitness, or, under Section 366.21 or 366.22, that the court has continued to remove the child from the custody of the parent or guardian and has terminated reunification services, shall constitute a sufficient basis for termination of parental rights. Under these circumstances, the court shall terminate parental rights unless either of the following applies:
(A)The child is living with a relative who is unable or unwilling to adopt the child because of circumstances that do not include an unwillingness to accept legal or financial responsibility for the child, but who is willing and capable of providing the child with a stable and permanent environment through legal guardianship, and the removal of the child from the custody of his or her relative would be detrimental to the emotional well-being of the child. For purposes of an Indian child, relative shall include an extended family member, as defined in the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1903(2)).
(B)The court finds a compelling reason for determining that termination would be detrimental to the child due to one or more of the following circumstances:
(i)The parents have maintained regular visitation and contact with the child and the child would benefit from continuing the relationship.
(ii)A child 12 years of age or older objects to termination of parental rights.
(iii)The child is placed in a residential treatment facility, adoption is unlikely or undesirable, and continuation of parental rights will not prevent finding the child a permanent family placement if the parents cannot resume custody when residential care is no longer needed.
(iv)The child is living with a foster parent or Indian custodian who is unable or unwilling to adopt the child because of exceptional circumstances, that do not include an unwillingness to accept legal or financial responsibility for the child, but who is willing and capable of providing the child with a stable and permanent environment and the removal of the child from the physical custody of his or her foster parent or Indian custodian would be detrimental to the emotional well-being of the child. This clause does not apply to any child who is either (I) under six years of age or (II) a member of a sibling group where at least one child is under six years of age and the siblings are, or should be, permanently placed together.
(v)There would be substantial interference with a childs sibling relationship, taking into consideration the nature and extent of the relationship, including, but not limited to, whether the child was raised with a sibling in the same home, whether the child shared significant common experiences or has existing close and strong bonds with a sibling, and whether ongoing contact is in the childs best interest, including the childs long-term emotional interest, as compared to the benefit of legal permanence through adoption.
(vi)The child is an Indian child and there is a compelling reason for determining that termination of parental rights would not be in the best interest of the child, including, but not limited to:
(I)Termination of parental rights would substantially interfere with the childs connection to his or her tribal community or the childs tribal membership rights.
(II)The childs tribe has identified guardianship, foster care with a fit and willing relative, tribal customary adoption, or another planned permanent living arrangement for the child.
(III)The child is a nonminor dependent, and the nonminor and the nonminors tribe have identified tribal customary adoption for the nonminor.
(C)For purposes of subparagraph (B), in the case of tribal customary adoptions, Section 366.24 shall apply.
(D)If the court finds that termination of parental rights would be detrimental to the child pursuant to clause (i), (ii), (iii), (iv), (v), or (vi), it shall state its reasons in writing or on the record.
(2)The court shall not terminate parental rights if:
(A)At each hearing at which the court was required to consider reasonable efforts or services, the court has found that reasonable efforts were not made or that reasonable services were not offered or provided.
(B)In the case of an Indian child:
(i)At the hearing terminating parental rights, the court has found that active efforts were not made as required in Section 361.7.
(ii)The court does not make a determination at the hearing terminating parental rights, supported by evidence beyond a reasonable doubt, including testimony of one or more qualified expert witnesses as defined in Section 224.6, that the continued custody of the child by the parent is likely to result in serious emotional or physical damage to the child.
(iii)The court has ordered tribal customary adoption pursuant to Section 366.24.
(3)If the court finds that termination of parental rights would not be detrimental to the child pursuant to paragraph (1) and that the child has a probability for adoption but is difficult to place for adoption and there is no identified or available prospective adoptive parent, the court may identify adoption as the permanent placement goal and, without terminating parental rights, order that efforts be made to locate an appropriate adoptive family for the child, within the state or out of the state, within a period not to exceed 180 days. During this 180-day period, the public agency responsible for seeking adoptive parents for each child shall, to the extent possible, ask each child who is 10 years of age or older to identify any individuals, other than the childs siblings, who are important to the child, in order to identify potential adoptive parents. The public agency may ask any other child to provide that information, as appropriate. During the 180-day period, the public agency shall, to the extent possible, contact other private and public adoption agencies regarding the availability of the child for adoption. During the 180-day period, the public agency shall conduct the search for adoptive parents in the same manner as prescribed for children in Sections 8708 and 8709 of the Family Code. At the expiration of this period, another hearing shall be held and the court shall proceed pursuant to paragraph (1), (2), (3), (5), or (6) of subdivision (b). For purposes of this section, a child may only be found to be difficult to place for adoption if there is no identified or available prospective adoptive parent for the child because of the childs membership in a sibling group, or the presence of a diagnosed medical, physical, or mental handicap, or the child is seven years of age or older.
(4)(A)If the court finds that adoption of the child or termination of parental rights is not in the best interest of the child, because one of the conditions in clause (i), (ii), (iii), (iv), (v), or (vi) of subparagraph (B) of paragraph (1) or in paragraph (2) applies, the court shall order that the present caretakers or other appropriate persons shall become legal guardians of the child, or, in the case of an Indian child, consider a tribal customary adoption pursuant to Section 366.24. Legal guardianship shall be considered before continuing the child in foster care under any other permanent plan, if it is in the best interests of the child and if a suitable guardian can be found. If the child continues in foster care, the court shall make factual findings identifying any barriers to achieving adoption, tribal customary adoption in the case of an Indian child, legal guardianship, or placement with a fit and willing relative as of the date of the hearing. A child who is 10 years of age or older, shall be asked to identify any individuals, other than the childs siblings, who are important to the child, in order to identify potential guardians or, in the case of an Indian child, prospective tribal customary adoptive parents. The agency may ask any other child to provide that information, as appropriate.
(B)(i)If the child is living with an approved relative who is willing and capable of providing a stable and permanent environment, but not willing to become a legal guardian as of the hearing date, the court shall order a permanent plan of placement with a fit and willing relative, and the child shall not be removed from the home if the court finds the removal would be seriously detrimental to the emotional well-being of the child because the child has substantial psychological ties to the relative caretaker.
(ii)If the child is living with a nonrelative caregiver who is willing and capable of providing a stable and permanent environment, but not willing to become a legal guardian as of the hearing date, the court shall order that the child remain in foster care with a permanent plan of return home, adoption, legal guardianship, or placement with a fit and willing relative, as appropriate. If the child is 16 years of age or older, or a nonminor dependent, and no other permanent plan is appropriate at the time of the hearing, the court may order another planned permanent living arrangement, as described in paragraph (2) of subdivision (i) of Section 16501. Regardless of the age of the child, the child shall not be removed from the home if the court finds the removal would be seriously detrimental to the emotional well-being of the child because the child has substantial psychological ties to the caregiver.
(iii)If the child is living in a group home or, on or after January 1, 2017, a short-term residential therapeutic program, the court shall order that the child remain in foster care with a permanent plan of return home, adoption, tribal customary adoption in the case of an Indian child, legal guardianship, or placement with a fit and willing relative, as appropriate. If the child is 16 years of age or older, or a nonminor dependent, and no other permanent plan is appropriate at the time of the hearing, the court may order another planned permanent living arrangement, as described in paragraph (2) of subdivision (i) of Section 16501.
(C)The court shall also make an order for visitation with the parents or guardians unless the court finds by a preponderance of the evidence that the visitation would be detrimental to the physical or emotional well-being of the child.
(5)If the court finds that the child should not be placed for adoption, that legal guardianship shall not be established, that placement with a fit and willing relative is not appropriate as of the hearing date, and that there are no suitable foster parents except certified family homes or resource families of a foster family agency available to provide the child with a stable and permanent environment, the court may order the care, custody, and control of the child transferred from the county welfare department to a licensed foster family agency. The court shall consider the written recommendation of the county welfare director regarding the suitability of the transfer. The transfer shall be subject to further court orders.
The licensed foster family agency shall place the child in a suitable licensed or certified family home that has been certified by the agency as meeting licensing standards or with a resource family approved by the agency. The licensed foster family agency shall be responsible for supporting the child and providing appropriate services to the child, including those services ordered by the court. Responsibility for the support of the child shall not, in and of itself, create liability on the part of the foster family agency to third persons injured by the child. Those children whose care, custody, and control are transferred to a foster family agency shall not be eligible for foster care maintenance payments or child welfare services, except for emergency response services pursuant to Section 16504.
(d)The proceeding for the appointment of a guardian for a child who is a dependent of the juvenile court shall be in the juvenile court. If the court finds pursuant to this section that legal guardianship is the appropriate permanent plan, it shall appoint the legal guardian and issue letters of guardianship. The assessment prepared pursuant to subdivision (g) of Section 361.5, subdivision (i) of Section 366.21, subdivision (b) of Section 366.22, and subdivision (b) of Section 366.25 shall be read and considered by the court prior to the appointment, and this shall be reflected in the minutes of the court. The person preparing the assessment may be called and examined by any party to the proceeding.
(e)(1)The proceeding for the adoption of a child who is a dependent of the juvenile court shall be in the juvenile court if the court finds pursuant to this section that adoption is the appropriate permanent plan and the petition for adoption is filed in the juvenile court. Upon the filing of a petition for adoption, the juvenile court shall order that an adoption hearing be set. The court shall proceed with the adoption after the appellate rights of the natural parents have been exhausted. The full report required by Section 8715 of the Family Code shall be read and considered by the court prior to the adoption and this shall be reflected in the minutes of the court. The person preparing the report may be called and examined by any party to the proceeding. It is the intent of the Legislature, pursuant to this subdivision, to give potential adoptive parents the option of filing in the juvenile court the petition for the adoption of a child who is a dependent of the juvenile court. Nothing in this section is intended to prevent the filing of a petition for adoption in any other court as permitted by law, instead of in the juvenile court.
(2)In the case of an Indian child, if the Indian childs tribe has elected a permanent plan of tribal customary adoption, the court, upon receiving the tribal customary adoption order will afford the tribal customary adoption order full faith and credit to the same extent that the court would afford full faith and credit to the public acts, records, judicial proceedings, and judgments of any other entity. Upon a determination that the tribal customary adoption order may be afforded full faith and credit, consistent with Section 224.5, the court shall thereafter order a hearing to finalize the adoption be set upon the filing of the adoption petition. The prospective tribal customary adoptive parents and the child who is the subject of the tribal customary adoption petition shall appear before the court for the finalization hearing. The court shall thereafter issue an order of adoption pursuant to Section 366.24.
(3)If a child who is the subject of a finalized tribal customary adoption shows evidence of a developmental disability or mental illness as a result of conditions existing before the tribal customary adoption to the extent that the child cannot be relinquished to a licensed adoption agency on the grounds that the child is considered unadoptable, and of which condition the tribal customary adoptive parent or parents had no knowledge or notice before the entry of the tribal customary adoption order, a petition setting forth those facts may be filed by the tribal customary adoptive parent or parents with the juvenile court that granted the tribal customary adoption petition. If these facts are proved to the satisfaction of the juvenile court, it may make an order setting aside the tribal customary adoption order. The set-aside petition shall be filed within five years of the issuance of the tribal customary adoption order. The court clerk shall immediately notify the childs tribe and the department in Sacramento of the petition within 60 days after the notice of filing of the petition. The department shall file a full report with the court and shall appear before the court for the purpose of representing the child. Whenever a final decree of tribal customary adoption has been vacated or set aside, the child shall be returned to the custody of the county in which the proceeding for tribal customary adoption was finalized. The biological parent or parents of the child may petition for return of custody. The disposition of the child after the court has entered an order to set aside a tribal customary adoption shall include consultation with the childs tribe.
(f)At the beginning of any proceeding pursuant to this section, if the child or the parents are not being represented by previously retained or appointed counsel, the court shall proceed as follows:
(1)In accordance with subdivision (c) of Section 317, if a child before the court is without counsel, the court shall appoint counsel unless the court finds that the child would not benefit from the appointment of counsel. The court shall state on the record its reasons for that finding.
(2)If a parent appears without counsel and is unable to afford counsel, the court shall appoint counsel for the parent, unless this representation is knowingly and intelligently waived. The same counsel shall not be appointed to represent both the child and his or her parent. The public defender or private counsel may be appointed as counsel for the parent.
(3)Private counsel appointed under this section shall receive a reasonable sum for compensation and expenses, the amount of which shall be determined by the court. The amount shall be paid by the real parties in interest, other than the child, in any proportions the court deems just. However, if the court finds that any of the real parties in interest are unable to afford counsel, the amount shall be paid out of the general fund of the county.
(g)The court may continue the proceeding for a period of time not to exceed 30 days as necessary to appoint counsel, and to enable counsel to become acquainted with the case.
(h)(1)At all proceedings under this section, the court shall consider the wishes of the child and shall act in the best interests of the child.
(2)In accordance with Section 349, the child shall be present in court if the child or the childs counsel so requests or the court so orders. If the child is 10 years of age or older and is not present at a hearing held pursuant to this section, the court shall determine whether the minor was properly notified of his or her right to attend the hearing and inquire as to the reason why the child is not present.
(3)(A)The testimony of the child may be taken in chambers and outside the presence of the childs parent or parents, if the childs parent or parents are represented by counsel, the counsel is present, and any of the following circumstances exist:
(i)The court determines that testimony in chambers is necessary to ensure truthful testimony.
(ii)The child is likely to be intimidated by a formal courtroom setting.
(iii)The child is afraid to testify in front of his or her parent or parents.
(B)After testimony in chambers, the parent or parents of the child may elect to have the court reporter read back the testimony or have the testimony summarized by counsel for the parent or parents.
(C)The testimony of a child also may be taken in chambers and outside the presence of the guardian or guardians of a child under the circumstances specified in this subdivision.
(i)(1)Any order of the court permanently terminating parental rights under this section shall be conclusive and binding upon the child, upon the parent or parents and, upon all other persons who have been served with citation by publication or otherwise as provided in this chapter. After making the order, the juvenile court shall have no power to set aside, change, or modify it, except as provided in paragraph (2), but nothing in this section shall be construed to limit the right to appeal the order.
(2)A tribal customary adoption order evidencing that the Indian child has been the subject of a tribal customary adoption shall be afforded full faith and credit and shall have the same force and effect as an order of adoption authorized by this section. The rights and obligations of the parties as to the matters determined by the Indian childs tribe shall be binding on all parties. A court shall not order compliance with the order absent a finding that the party seeking the enforcement participated, or attempted to participate, in good faith, in family mediation services of the court or dispute resolution through the tribe regarding the conflict, prior to the filing of the enforcement action.
(3)A child who has not been adopted after the passage of at least three years from the date the court terminated parental rights and for whom the court has determined that adoption is no longer the permanent plan may petition the juvenile court to reinstate parental rights pursuant to the procedure prescribed by Section 388. The child may file the petition prior to the expiration of this three-year period if the State Department of Social Services, county adoption agency, or licensed adoption agency that is responsible for custody and supervision of the child as described in subdivision (j) and the child stipulate that the child is no longer likely to be adopted. A child over 12 years of age shall sign the petition in the absence of a showing of good cause as to why the child could not do so. If it appears that the best interests of the child may be promoted by reinstatement of parental rights, the court shall order that a hearing be held and shall give prior notice, or cause prior notice to be given, to the social worker or probation officer and to the childs attorney of record, or, if there is no attorney of record for the child, to the child, and the childs tribe, if applicable, by means prescribed by subdivision (c) of Section 297. The court shall order the child or the social worker or probation officer to give prior notice of the hearing to the childs former parent or parents whose parental rights were terminated in the manner prescribed by subdivision (f) of Section 294 where the recommendation is adoption. The juvenile court shall grant the petition if it finds by clear and convincing evidence that the child is no longer likely to be adopted and that reinstatement of parental rights is in the childs best interest. If the court reinstates parental rights over a child who is under 12 years of age and for whom the new permanent plan will not be reunification with a parent or legal guardian, the court shall specify the factual basis for its findings that it is in the best interest of the child to reinstate parental rights. This subdivision is intended to be retroactive and applies to any child who is under the jurisdiction of the juvenile court at the time of the hearing regardless of the date parental rights were terminated.
(j)If the court, by order or judgment, declares the child free from the custody and control of both parents, or one parent if the other does not have custody and control, or declares the child eligible for tribal customary adoption, the court shall at the same time order the child referred to the State Department of Social Services, county adoption agency, or licensed adoption agency for adoptive placement by the agency. However, except in the case of a tribal customary adoption where there is no termination of parental rights, a petition for adoption may not be granted until the appellate rights of the natural parents have been exhausted. The State Department of Social Services, county adoption agency, or licensed adoption agency shall be responsible for the custody and supervision of the child and shall be entitled to the exclusive care and control of the child at all times until a petition for adoption or tribal customary adoption is granted, except as specified in subdivision (n). With the consent of the agency, the court may appoint a guardian of the child, who shall serve until the child is adopted.
(k)(1)Notwithstanding any other law, the application of any person who, as a relative caretaker or foster parent, has cared for a dependent child for whom the court has approved a permanent plan for adoption, or who has been freed for adoption, shall be given preference with respect to that child over all other applications for adoptive placement if the agency making the placement determines that the child has substantial emotional ties to the relative caretaker or foster parent and removal from the relative caretaker or foster parent would be seriously detrimental to the childs emotional well-being.
(2)As used in this subdivision, preference means that the application shall be processed and, if satisfactory, the family study shall be completed before the processing of the application of any other person for the adoptive placement of the child.
(l)(1)An order by the court that a hearing pursuant to this section be held is not appealable at any time unless all of the following apply:
(A)A petition for extraordinary writ review was filed in a timely manner.
(B)The petition substantively addressed the specific issues to be challenged and supported that challenge by an adequate record.
(C)The petition for extraordinary writ review was summarily denied or otherwise not decided on the merits.
(2)Failure to file a petition for extraordinary writ review within the period specified by rule, to substantively address the specific issues challenged, or to support that challenge by an adequate record shall preclude subsequent review by appeal of the findings and orders made pursuant to this section.
(3)The Judicial Council shall adopt rules of court, effective January 1, 1995, to ensure all of the following:
(A)A trial court, after issuance of an order directing a hearing pursuant to this section be held, shall advise all parties of the requirement of filing a petition for extraordinary writ review as set forth in this subdivision in order to preserve any right to appeal in these issues.
(i)If a party is present at the time of the making of the order, the notice shall be made orally to the party.
(ii)If the party is not present at the time of making the order, the notice shall be made by the clerk of the court by first-class mail to the last known address of a party or by electronic service pursuant to Section 212.5. If the notice is for a hearing at which the social worker will recommend the termination of parental rights, the notice may be electronically served pursuant to Section 212.5, but only in addition to service of the notice by first-class mail.
(B)The prompt transmittal of the records from the trial court to the appellate court.
(C)That adequate time requirements for counsel and court personnel exist to implement the objective of this subdivision.
(D)That the parent or guardian, or their trial counsel or other counsel, is charged with the responsibility of filing a petition for extraordinary writ relief pursuant to this subdivision.
(4)The intent of this subdivision is to do both of the following:
(A)Make every reasonable attempt to achieve a substantive and meritorious review by the appellate court within the time specified in Sections 366.21, 366.22, and 366.25 for holding a hearing pursuant to this section.
(B)Encourage the appellate court to determine all writ petitions filed pursuant to this subdivision on their merits.
(5)This subdivision shall only apply to cases in which an order to set a hearing pursuant to this section is issued on or after January 1, 1995.
(m)Except for subdivision (j), this section shall also apply to minors adjudged wards pursuant to Section 727.31.
(n)(1)Notwithstanding Section 8704 of the Family Code or any other law, the court, at a hearing held pursuant to this section or anytime thereafter, may designate a current caretaker as a prospective adoptive parent if the child has lived with the caretaker for at least six months, the caretaker currently expresses a commitment to adopt the child, and the caretaker has taken at least one step to facilitate the adoption process. In determining whether to make that designation, the court may take into consideration whether the caretaker is listed in the preliminary assessment prepared by the county department in accordance with subdivision (i) of Section 366.21 as an appropriate person to be considered as an adoptive parent for the child and the recommendation of the State Department of Social Services, county adoption agency, or licensed adoption agency.
(2)For purposes of this subdivision, steps to facilitate the adoption process include, but are not limited to, the following:
(A)Applying for an adoption homestudy.
(B)Cooperating with an adoption homestudy.
(C)Being designated by the court or the adoption agency as the adoptive family.
(D)Requesting de facto parent status.
(E)Signing an adoptive placement agreement.
(F)Engaging in discussions regarding a postadoption contact agreement.
(G)Working to overcome any impediments that have been identified by the State Department of Social Services, county adoption agency, or licensed adoption agency.
(H)Attending classes required of prospective adoptive parents.
(3)Prior to a change in placement and as soon as possible after a decision is made to remove a child from the home of a designated prospective adoptive parent, the agency shall notify the court, the designated prospective adoptive parent or the current caretaker, if that caretaker would have met the threshold criteria to be designated as a prospective adoptive parent pursuant to paragraph (1) on the date of service of this notice, the childs attorney, and the child, if the child is 10 years of age or older, of the proposal in the manner described in Section 16010.6.
(A)Within five court days or seven calendar days, whichever is longer, of the date of notification, the child, the childs attorney, or the designated prospective adoptive parent may file a petition with the court objecting to the proposal to remove the child, or the court, upon its own motion, may set a hearing regarding the proposal. The court may, for good cause, extend the filing period. A caretaker who would have met the threshold criteria to be designated as a prospective adoptive parent pursuant to paragraph (1) on the date of service of the notice of proposed removal of the child may file, together with the petition under this subparagraph, a petition for an order designating the caretaker as a prospective adoptive parent for purposes of this subdivision.
(B)A hearing ordered pursuant to this paragraph shall be held as soon as possible and not later than five court days after the petition is filed with the court or the court sets a hearing upon its own motion, unless the court for good cause is unable to set the matter for hearing five court days after the petition is filed, in which case the court shall set the matter for hearing as soon as possible. At the hearing, the court shall determine whether the caretaker has met the threshold criteria to be designated as a prospective adoptive parent pursuant to paragraph (1), and whether the proposed removal of the child from the home of the designated prospective adoptive parent is in the childs best interest, and the child may not be removed from the home of the designated prospective adoptive parent unless the court finds that removal is in the childs best interest. If the court determines that the caretaker did not meet the threshold criteria to be designated as a prospective adoptive parent on the date of service of the notice of proposed removal of the child, the petition objecting to the proposed removal filed by the caretaker shall be dismissed. If the caretaker was designated as a prospective adoptive parent prior to this hearing, the court shall inquire into any progress made by the caretaker towards the adoption of the child since the caretaker was designated as a prospective adoptive parent.
(C)A determination by the court that the caretaker is a designated prospective adoptive parent pursuant to paragraph (1) or subparagraph (B) does not make the caretaker a party to the dependency proceeding nor does it confer on the caretaker any standing to object to any other action of the department, county adoption agency, or licensed adoption agency, unless the caretaker has been declared a de facto parent by the court prior to the notice of removal served pursuant to paragraph (3).
(D)If a petition objecting to the proposal to remove the child is not filed, and the court, upon its own motion, does not set a hearing, the child may be removed from the home of the designated prospective adoptive parent without a hearing.
(4)Notwithstanding paragraph (3), if the State Department of Social Services, county adoption agency, or licensed adoption agency determines that the child must be removed from the home of the caretaker who is or may be a designated prospective adoptive parent immediately, due to a risk of physical or emotional harm, the agency may remove the child from that home and is not required to provide notice prior to the removal. However, as soon as possible and not longer than two court days after the removal, the agency shall notify the court, the caretaker who is or may be a designated prospective adoptive parent, the childs attorney, and the child, if the child is 10 years of age or older, of the removal. Within five court days or seven calendar days, whichever is longer, of the date of notification of the removal, the child, the childs attorney, or the caretaker who is or may be a designated prospective adoptive parent may petition for, or the court on its own motion may set, a noticed hearing pursuant to paragraph (3). The court may, for good cause, extend the filing period.
(5)Except as provided in subdivision (b) of Section 366.28, an order by the court issued after a hearing pursuant to this subdivision shall not be appealable.
(6)Nothing in this section shall preclude a county child protective services agency from fully investigating and responding to alleged abuse or neglect of a child pursuant to Section 11165.5 of the Penal Code.
(7)The Judicial Council shall prepare forms to facilitate the filing of the petitions described in this subdivision, which shall become effective on January 1, 2006.
SEC. 135.Section 387 of the Welfare and Institutions Code is amended to read:387.(a)An order changing or modifying a previous order by removing a child from the physical custody of a parent, guardian, relative, or friend and directing placement in a foster home, or commitment to a private or county institution, shall be made only after noticed hearing upon a supplemental petition.
(b)The supplemental petition shall be filed by the social worker in the original matter and shall contain a concise statement of facts sufficient to support the conclusion that the previous disposition has not been effective in the rehabilitation or protection of the child or, in the case of a placement with a relative, sufficient to show that the placement is not appropriate in view of the criteria in Section 361.3.
(c)Notwithstanding subdivision (a), dependency jurisdiction shall be resumed for a child as to whom dependency jurisdiction has been suspended pursuant to Section 366.5 if the jurisdiction established pursuant to Section 601 or 602 is terminated and if, after the issuance of a joint assessment pursuant to Section 366.5, the court determines that the courts dependency jurisdiction should be resumed.
(d)Upon the filing of the supplemental petition, the clerk of the juvenile court shall immediately set the same for hearing within 30 days, and the social worker shall cause notice thereof to be served upon the persons and in the manner prescribed by Sections 290.1 and 291, except that service under this subdivision may be delivered by electronic service pursuant to Section 212.5.
(e)An order for the detention of the child pending adjudication of the petition may be made only after a hearing is conducted pursuant to Article 7 (commencing with Section 305).
SEC. 136.Section 607.2 of the Welfare and Institutions Code is amended to read:607.2.(a)(1)On and after January 1, 2012, the court shall hold a hearing prior to terminating jurisdiction over a ward who satisfies any of the following criteria:
(A)Is a minor subject to an order for foster care placement described in Section 11402 as a ward who has not previously been subject to the jurisdiction of the court as a result of a petition filed pursuant to Section 325.
(B)Is a nonminor who was subject to an order for foster care placement described in Section 11402 as a ward on the day he or she attained 18 years of age.
(C)Is a ward who was subject to an order for foster care placement described in Section 11402 as a dependent of the court at the time the court adjudged the child to be a ward of the court under Section 725.
(2)The notice of hearing under this subdivision may be served electronically pursuant to Section 212.5.
(b)At a hearing during which termination of jurisdiction over a ward described in subdivision (a) is being considered, the court shall take one of the following actions:
(1)Modify its jurisdiction from delinquency jurisdiction to transition jurisdiction, if the court finds the ward is a person described in Section 450.
(2)(A)For a ward who was not previously subject to the jurisdiction of the court as a result of a petition filed pursuant to Section 325, order the probation department or the wards attorney to submit an application to the child welfare services department pursuant to Section 329 to declare the minor a dependent of the court and modify the courts jurisdiction from delinquency jurisdiction to dependency jurisdiction, if the court finds all of the following:
(i)The ward is a minor.
(ii)The ward does not come within the description in Section 450, but jurisdiction as a ward may no longer be required.
(iii)The ward appears to come within the description of Section 300 and cannot be returned home safely.
(B)The court shall set a hearing within 20 judicial days of the date of the order described in subparagraph (A) to review the child welfare services departments decision and may either affirm its decision not to file a petition pursuant to Section 300 or order the child welfare services department to file a petition pursuant to Section 300. The notice of hearing under this subparagraph may be served electronically pursuant to Section 212.5.
(3)Vacate the order terminating jurisdiction over the minor as a dependent of the court, resume jurisdiction pursuant to Section 300 based on the prior petition filed pursuant to Section 325, and terminate the courts jurisdiction over the minor as a ward, if the minor was subject to an order for foster care placement described in Section 11402 as a dependent of the court at the time the court adjudged the minor to be a ward and assumed jurisdiction over the minor under Section 725.
(4)Continue its delinquency jurisdiction over a ward pursuant to Section 303 as a nonminor dependent, as defined in subdivision (v) of Section 11400, who is eligible to remain in foster care pursuant to Section 11403, if the ward is a nonminor and the court did not modify its jurisdiction as described in Section 450, unless the court finds that after reasonable and documented efforts, the ward cannot be located or does not wish to become a nonminor dependent. In making this finding and prior to entering an order terminating its delinquency jurisdiction, the court shall ensure that the ward has had an opportunity to confer with his or her counsel and has been informed of his or her options, including the right to reenter foster care placement by completing a voluntary reentry agreement as described in subdivision (z) of Section 11400 and to file a petition pursuant to subdivision (e) of Section 388 for the court to assume or resume transition jurisdiction over him or her pursuant to Section 450. The fact that a ward declines to be a nonminor dependent does not restrict the authority of the court to maintain delinquency jurisdiction pursuant to Section 607.
(5)Continue its delinquency jurisdiction.
(6)Terminate its delinquency jurisdiction if the ward does not come within the provisions of paragraphs (1) to (4), inclusive.
(c)If the court modifies jurisdiction, its order shall comply with the requirements of subdivision (f) of Section 241.1.
(d)This section shall not be construed as changing the requirements of Section 727.2 or 727.3 with respect to reunification of minors with their families or the establishment of an alternative permanent plan for minors for whom reunification is not pursued.
SEC. 137.Section 630 of the Welfare and Institutions Code is amended to read:630.(a)If the probation officer determines that the minor shall be retained in custody, he or she shall immediately proceed in accordance with Article 16 (commencing with Section 650) to cause the filing of a petition pursuant to Section 656 with the clerk of the juvenile court who shall set the matter for hearing on the detention calendar. Immediately upon filing the petition with the clerk of the juvenile court, if the minor is alleged to be a person described in Section 601 or 602, the probation officer or the prosecuting attorney shall serve the minor with a copy of the petition and notify him or her of the time and place of the detention hearing. The probation officer or the prosecuting attorney shall notify each parent or each guardian of the minor of the time and place of the hearing if the whereabouts of each parent or guardian can be ascertained by due diligence. Notice pursuant to this subdivision may be given orally and shall not be delivered electronically.
(b)In a hearing conducted pursuant to this section, the minor has a privilege against self-incrimination and has a right to confrontation by, and cross-examination of, any person examined by the court as provided in Section 635.
SEC. 138.Section 658 of the Welfare and Institutions Code is amended to read:658.(a)Except as provided in subdivision (b), upon the filing of the petition, the clerk of the juvenile court shall issue a notice, to which shall be attached a copy of the petition, and he or she shall cause the same to be served upon the minor, if the minor is eight or more years of age, and upon each of the persons described in subdivision (e) of Section 656 whose residence addresses are set forth in the petition and thereafter before the hearing upon all persons whose residence addresses become known to the clerk. If the court has ordered the care, custody, and control of the minor to be under the supervision of the probation officer for foster care placement pursuant to subdivision (a) of Section 727, the clerk shall also issue a copy of that notice to any foster parents, preadoptive parents, legal guardians or relatives providing care to the minor. The clerk shall issue a copy of the petition, to the minors attorney and to 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. Service under this subdivision may be by electronic service pursuant to Section 212.5, except that electronic service is not authorized if the minor is detained and those persons entitled to notice are not present at the initial detention hearing.
(b)Upon the filing of a supplemental petition where the minor has been declared a ward of the court or a probationer under Section 602 in the original matter, the clerk of the juvenile court shall issue a notice, to which shall be attached a copy of the petition, and he or she shall cause the notice to be served upon the minor, if the minor is eight or more years of age, and upon each of the persons described in subdivision (e) of Section 656 whose residence addresses are set forth in the supplemental petition and thereafter known to the clerk. The clerk shall issue a copy of the supplemental petition to the minors attorney, and to the district attorney if the probation officer is the petitioner, or, to the probation officer if the district attorney is the petitioner, containing the time, date, and place of the hearing. If the court has ordered the care, custody, and control of the minor to be under the supervision of the probation officer for foster care placement pursuant to subdivision (a) of Section 727, the clerk shall also issue a copy of that notice to any foster parents, preadoptive parents, legal guardians, or relatives providing care to the minor. Service under this subdivision may be by electronic service pursuant to Section 212.5.
SEC. 139.Section 660 of the Welfare and Institutions Code is amended to read:660.(a)Except as provided in subdivision (b), if the minor is detained, the clerk of the juvenile court shall cause the notice and copy of the petition to be served on all persons required to receive that notice and copy of the petition pursuant to subdivision (e) of Section 656 and Section 658, either personally or by certified mail with request for return receipt, as soon as possible after filing of the petition and at least five days before the time set for hearing, unless the hearing is set less than five days from the filing of the petition, in which case, the notice and copy of the petition shall be served at least 24 hours before the time set for hearing. Service under this subdivision shall not be made by electronic service.
(b)If the minor is detained, and all persons entitled to notice pursuant to subdivision (e) of Section 656 and Section 658 were present at the detention hearing, the clerk of the juvenile court shall cause the notice and copy of the petition to be served on all persons required to receive the notice and copy of the petition, by personal service, by first-class mail, or by electronic service pursuant to Section 212.5, as soon as possible after the filing of the petition and at least five days before the time set for hearing, unless the hearing is set less than five days from the filing of the petition, in which case the notice and copy of the petition shall be served at least 24 hours before the time set for the hearing. Service under this subdivision may be by electronic service pursuant to Section 212.5 except that electronic service is not authorized if the minor is detained and those persons entitled to notice are not present at the detention hearing.
(c)If the minor is not detained, the clerk of the juvenile court shall cause the notice and copy of the petition to be served on all persons required to receive the notice and copy of the petition, by personal service, by first-class mail, or by electronic service pursuant to Section 212.5 at least 10 days before the time set for hearing. If that person is known to reside outside of the county, the clerk of the juvenile court shall serve the notice and copy of the petition, by first-class mail or by electronic service pursuant to Section 212.5, 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 shall in no way result in arrest or detention. In the instance of failure to appear after notice by first-class mail or by electronic service pursuant to Section 212.5, the court shall direct that the notice and copy of the petition is to be personally served on all persons required to receive the notice and a copy of the petition. However, if the whereabouts of the minor are unknown, personal service of the notice and a copy of the petition is not required and a warrant for the arrest of the minor may be issued pursuant to Section 663. 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 or electronic service. 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)For purposes of this section, service on the minors attorney shall constitute service on the minors parent or legal guardian.
SEC. 140.Section 661 of the Welfare and Institutions Code is amended to read:661.(a)In addition to the notice provided in Sections 658 and 659, the juvenile court may issue a citation directing any parent, guardian, or foster parent of the person concerning whom a petition has been filed to appear at the time and place set for any hearing or financial evaluation under the provisions of this chapter, including a hearing under the provisions of Section 257, and directing any person having custody or control of the minor concerning whom the petition has been filed to bring the minor with him or her.
(b)The notice shall in addition state that a parent, guardian, or foster parent may be required to participate in a counseling or education program with the minor concerning whom the petition has been filed.
(c)If the proceeding is one alleging that the minor comes within the provisions of Section 601, the notice shall in addition contain notice to the parent, guardian, or other person having control or charge of the minor that failure to comply with the compulsory school attendance laws is an infraction, which may be charged and prosecuted before the juvenile court judge sitting as a superior court judge. In those cases, the notice shall also include notice that the parent, guardian, or other person having control or charge of the minor has the right to a hearing on the infraction before a judge different than the judge who has heard or is to hear the proceeding pursuant to Section 601. The notice shall also explain the provisions of Section 170.6 of the Code of Civil Procedure.
(d)Personal service of the citation shall be made at least 24 hours before the time stated therein for the appearance. The citation may also be electronically served pursuant to Section 212.5, but only in addition to service by other forms of service required by law.
SEC. 141.Section 727.4 of the Welfare and Institutions Code is amended to read:727.4.(a)(1)Notice of any hearing pursuant to Section 727, 727.2, or 727.3 shall be served by the probation officer to the minor, the minors parent or guardian, any adult provider of care to the minor including, but not limited to, foster parents, relative caregivers, preadoptive parents, resource family, community care facility, or foster family agency, and to the counsel of record if the counsel of record was not present at the time that the hearing was set by the court, by first-class mail addressed to the last known address of the person to be notified, by personal service on those persons, or by electronic service pursuant to Section 212.5, not earlier than 30 days nor later than 15 days preceding the date of the hearing. The notice shall contain a statement regarding the nature of the status review or permanency planning hearing and any change in the custody or status of the minor being recommended by the probation department. The notice shall also include a statement informing the foster parents, relative caregivers, or preadoptive parents that he or she may attend all hearings or may submit any information he or she deems relevant to the court in writing. The foster parents, relative caregiver, and preadoptive parents are entitled to notice and opportunity to be heard but need not be made parties to the proceedings. Proof of notice shall be filed with the court.
(2)If the court or probation officer knows or has reason to know that the minor is or may be an Indian child, any notice sent under this section shall comply with the requirements of Section 224.2.
(b)At least 10 calendar days before each status review and permanency planning hearing, after the hearing during which the court orders that the care, custody, and control of the minor to be under the supervision of the probation officer for placement pursuant to subdivision (a) of Section 727, the probation officer shall file a social study report with the court, pursuant to the requirements listed in Section 706.5.
(c)The probation department shall inform the minor, the minors parent or guardian, and all counsel of record that a copy of the social study prepared for the hearing will be available 10 days before the hearing and may be obtained from the probation officer.
(d)As used in Article 15 (commencing with Section 625) to Article 18 (commencing with Section 725), inclusive:
(1)Foster care means residential care provided in any of the settings described in Section 11402 or 11402.01.
(2)At risk of entering foster care means that conditions within a minors family may necessitate his or her entry into foster care unless those conditions are resolved.
(3)Preadoptive parent means a licensed foster parent who has been approved for adoption by the State Department of Social Services when it is acting as an adoption agency or by a licensed adoption agency.
(4)Date of entry into foster care means the date that is 60 days after the date on which the minor was removed from his or her home, unless one of the exceptions below applies:
(A)If the minor is detained pending foster care placement, and remains detained for more than 60 days, then the date of entry into foster care means the date the court adjudges the minor a ward and orders the minor placed in foster care under the supervision of the probation officer.
(B)If, before the minor is placed in foster care, the minor is committed to a ranch, camp, school, or other institution pending placement, and remains in that facility for more than 60 days, then the date of entry into foster care is the date the minor is physically placed in foster care.
(C)If at the time the wardship petition was filed, the minor was a dependent of the juvenile court and in out-of-home placement, then the date of entry into foster care is the earlier of the date the juvenile court made a finding of abuse or neglect, or 60 days after the date on which the child was removed from his or her home.
(5)Reasonable efforts means:
(A)Efforts made to prevent or eliminate the need for removing the minor from the minors home.
(B)Efforts to make it possible for the minor to return home, including, but not limited to, case management, counseling, parenting training, mentoring programs, vocational training, educational services, substance abuse treatment, transportation, and therapeutic day services.
(C)Efforts to complete whatever steps are necessary to finalize a permanent plan for the minor.
(D)In child custody proceedings involving an Indian child, reasonable efforts shall also include active efforts as defined in Section 361.7.
(6)Relative means an adult who is related to the minor by blood, adoption, or affinity within the fifth degree of kinship including stepparents, stepsiblings, and all relatives whose status is preceded by the words great, great-great, grand, or the spouse of any of these persons even if the marriage was terminated by death or dissolution. Relative shall also include an extended family member as defined in the federal Indian Child Welfare Act (25 U.S.C. Sec. 1903(2)).
(7)Hearing means a noticed proceeding with findings and orders that are made on a case-by-case basis, heard by either of the following:
(A)A judicial officer, in a courtroom, recorded by a court reporter.
(B)An administrative panel, provided that the hearing is a status review hearing and that the administrative panel meets the following conditions:
(i)The administrative review shall be open to participation by the minor and parents or legal guardians and all those persons entitled to notice under subdivision (a).
(ii)The minor and his or her parents or legal guardians receive proper notice as required in subdivision (a).
(iii)The administrative review panel is composed of persons appointed by the presiding judge of the juvenile court, the membership of which shall include at least one person who is not responsible for the case management of, or delivery of services to, the minor or the parents who are the subjects of the review.
(iv)The findings of the administrative review panel shall be submitted to the juvenile court for the courts approval and shall become part of the official court record.
SEC. 142.Section 728 of the Welfare and Institutions Code is amended to read:728.(a)The juvenile court may terminate or modify a guardianship of the person of a minor previously established under the Probate Code, or appoint a coguardian or successor guardian of the person of the minor, if the minor is the subject of a petition filed under Section 300, 601, or 602. If the probation officer supervising the minor provides information to the court regarding the minors present circumstances and makes a recommendation to the court regarding a motion to terminate or modify a guardianship established in any county under the Probate Code, or to appoint a coguardian or successor guardian, of the person of a minor who is before the juvenile court under a petition filed under Section 300, 601, or 602, the court shall order the appropriate county department, or the district attorney or county counsel, to file the recommended motion. The motion may also be made by the guardian or the minors attorney. The hearing on the motion may be held simultaneously with any regularly scheduled hearing held in proceedings to declare the minor a dependent child or ward of the court, or at any subsequent hearing concerning the dependent child or ward. Notice requirements of Section 294 shall apply to the proceedings in juvenile court under this subdivision.
(b)If the juvenile court decides to terminate or modify a guardianship previously established under the Probate Code pursuant to subdivision (a), the juvenile court shall provide notice of that decision to the court in which the guardianship was originally established. The clerk of the superior court, upon receipt of the notice, shall file the notice with other documents and records of the pending proceeding and deliver by first-class mail or by electronic service pursuant to Section 1215 of the Probate Code a copy of the notice to all parties of record in the superior court.
(c)If, at any time during the period a minor under the age of 18 years is a ward of the juvenile court, the probation officer supervising the minor recommends to the court that the court establish a guardianship of the person of the minor and appoint a specific adult to act as guardian, or on the motion of the minors attorney, or on the order of the court that a guardianship shall be established as the minors permanent plan pursuant to paragraph (4) of subdivision (b) of Section 727.3, the court shall set a hearing to consider the recommendation or motion and shall order the clerk to notice the minors parents and relatives as required in Section 294. If the motion is not made by the minors attorney, the court may appoint the district attorney or county counsel to prosecute the action.
(d)The procedures for appointment of a guardian shall be conducted exclusively pursuant to Section 366.26, except that subdivision (j) of Section 366.26 shall not apply.
(e)Upon the appointment of a guardian pursuant to subdivision (d), the court may continue wardship and conditions of probation, or may terminate the wardship of the minor.
(f)Notwithstanding Section 1601 of the Probate Code, the proceedings to modify or terminate a guardianship granted under this section shall be held in the juvenile court unless the termination is due to the emancipation or adoption of the minor.
(g)The Judicial Council shall develop rules of court and adopt appropriate forms for the findings and orders under this section.
SEC. 143.Section 777 of the Welfare and Institutions Code is amended to read:777.An order changing or modifying a previous order by removing a minor from the physical custody of a parent, guardian, relative, or friend and directing placement in a foster home, or commitment to a private institution or commitment to a county institution, or an order changing or modifying a previous order by directing commitment to the Youth Authority shall be made only after a noticed hearing.
(a)The notice shall be made as follows:
(1)By the probation officer where a minor has been declared a ward of the court or a probationer under Section 601 in the original matter and shall contain a concise statement of facts sufficient to support the conclusion that the minor has violated an order of the court.
(2)By the probation officer or the prosecuting attorney if the minor is a court ward or probationer under Section 602 in the original matter and the notice alleges a violation of a condition of probation not amounting to a crime. The notice shall contain a concise statement of facts sufficient to support this conclusion.
(3)Where the probation officer is the petitioner pursuant to paragraph (2), prior to the attachment of jeopardy at the time of the jurisdictional hearing the prosecuting attorney may make a motion to dismiss the notice and may request that the matter be referred to the probation officer for whatever action the prosecuting or probation officer may deem appropriate.
(b)Upon the filing of such notice, the clerk of the juvenile court shall immediately set the same for hearing within 30 days, and the probation officer shall cause notice of it to be served upon the persons and in the manner prescribed by Sections 658 and 660. Service under this subdivision may be by electronic service pursuant to Section 212.5.
(c)The facts alleged in the notice shall be established by a preponderance of the evidence at a hearing to change, modify, or set aside a previous order. The court may admit and consider reliable hearsay evidence at the hearing to the same extent that such evidence would be admissible in an adult probation revocation hearing, pursuant to the decision in People v. Brown, 215 Cal.App.3d (1989) and any other relevant provision of law.
(d)An order for the detention of the minor pending adjudication of the alleged violation may be made only after a hearing is conducted pursuant to Article 15 (commencing with Section 625) of this chapter. Service under this subdivision may be by electronic service pursuant to Section 212.5, but only in addition to other forms of service required by law.
SEC. 144.Section 778 of the Welfare and Institutions Code is amended to read:778.(a)(1)Any parent or other person having an interest in a child who is a ward of the juvenile court or the child himself or herself through a properly appointed guardian may, upon grounds of change of circumstance or new evidence, petition the court in the same action in which the child was found to be a ward of the juvenile court for a hearing to change, modify, or set aside any order of court previously made or to terminate the jurisdiction of the court. The petition shall be verified and, if made by a person other than the child, shall state the petitioners relationship to or interest in the child and shall set forth in concise language any change of circumstance or new evidence which are alleged to require such change of order or termination of jurisdiction.
(2)If it appears that the best interests of the child may be promoted by the proposed change of order or termination of jurisdiction, the court shall order that a hearing be held and shall give prior notice, or cause prior notice to be given, to such persons and by such means as prescribed by Sections 776 and 779, by electronic service pursuant to Section 212.5, and, in such instances as the means of giving notice is not prescribed by such sections, then by such means as the court prescribes.
(b)(1)Any person, including a ward, a transition dependent, or a nonminor dependent of the juvenile court, may petition the court to assert a relationship as a sibling related by blood, adoption, or affinity through a common legal or biological parent to a child who is, or is the subject of a petition for adjudication as, a ward of the juvenile court, and may request visitation with the ward, placement with or near the ward, or consideration when determining or implementing a case plan or permanent plan for the ward.
(2)A ward, transition dependent, or nonminor dependent of the juvenile court may petition the court to assert a relationship as a sibling related by blood, adoption, or affinity through a common legal or biological parent to a child who is in the physical custody of a common legal or biological parent, and may request visitation with the nondependent sibling in parental custody.
(3)Pursuant to subdivision (b) of Section 16002, a request for sibling visitation may be granted unless it is determined by the court that sibling visitation is contrary to the safety and well-being of any of the siblings.
(4)The court may appoint a guardian ad litem to file the petition for a ward asserting a sibling relationship pursuant to this subdivision if the court determines that the appointment is necessary for the best interests of the ward. The petition shall be verified and shall set forth the following:
(A)Through which parent he or she is related to the sibling.
(B)Whether he or she is related to the sibling by blood, adoption, or affinity.
(C)The request or order that the petitioner is seeking.
(D)Why that request or order is in the best interest of the ward.
SEC. 145.Section 779 of the Welfare and Institutions Code is amended to read:779.The court committing a ward to the Youth Authority may thereafter change, modify, or set aside the order of commitment. Ten days notice of the hearing of the application therefor shall be served upon the Director of the Youth Authority. In changing, modifying, or setting aside the order of commitment, the court shall give due consideration to the effect thereof upon the discipline and parole system of the Youth Authority or of the correctional school in which the ward may have been placed by the Youth Authority. Except as provided in this section, nothing in this chapter shall be deemed to interfere with the system of parole and discharge now or hereafter established by law, or by rule of the Youth Authority, for the parole and discharge of wards of the juvenile court committed to the Youth Authority, or with the management of any school, institution, or facility under the jurisdiction of the Youth Authority. Except as provided in this section, this chapter does not interfere with the system of transfer between institutions and facilities under the jurisdiction of the Youth Authority. This section does not limit the authority of the court to change, modify, or set aside an order of commitment after a noticed hearing and upon a showing of good cause that the Youth Authority is unable to, or failing to, provide treatment consistent with Section 734.
However, before any inmate of a correctional school may be transferred to a state hospital, he or she shall first be returned to a court of competent jurisdiction and, after hearing, may be committed to a state hospital for the insane in accordance with law.
SEC. 146.Section 785 of the Welfare and Institutions Code is amended to read:785.(a)Where a minor is a ward of the juvenile court, the wardship did not result in the minors commitment to the Youth Authority, and the minor is found not to be a fit and proper subject to be dealt with under the juvenile court law with respect to a subsequent allegation of criminal conduct, any parent or other person having an interest in the minor, or the minor, through a properly appointed guardian, the prosecuting attorney, or probation officer, may petition the court in the same action in which the minor was found to be a ward of the juvenile court for a hearing for an order to terminate or modify the jurisdiction of the juvenile court. The court shall order that a hearing be held and shall give prior notice, or cause prior notice to be given, to those persons and by the means prescribed by Sections 776 and 779, by electronic service pursuant to Section 212.5, or where the means of giving notice is not prescribed by those sections, then by such means as the court prescribes.
(b)The petition shall be verified and shall state why jurisdiction should be terminated or modified in concise language.
(c)In determining whether or not the wardship shall terminate or be modified, the court shall be guided by the policies set forth in Section 202.
(d)In addition to its authority under this chapter, the Judicial Council shall adopt rules providing criteria for the consideration of the juvenile court in determining whether or not to terminate or modify jurisdiction pursuant to this section.
SEC. 147.Section 903.45 of the Welfare and Institutions Code is amended to read:903.45.(a)The board of supervisors may designate a county financial evaluation officer pursuant to Section 27750 of the Government Code to make financial evaluations of liability for reimbursement pursuant to Sections 207.2, 903, 903.1, 903.2, 903.25, 903.3, and 903.5, and other reimbursable costs allowed by law, as set forth in this section.
(b)In a county where a board of supervisors has designated a county financial evaluation officer, the juvenile court shall, at the close of the disposition hearing, order any person liable for the cost of support, pursuant to Section 903, the cost of legal services as provided for in Section 903.1, probation costs as provided for in Section 903.2, or any other reimbursable costs allowed under this code, to appear before the county financial evaluation officer for a financial evaluation of his or her ability to pay those costs. If the responsible person is not present at the disposition hearing, the court shall cite him or her to appear for a financial evaluation. In the case of a parent, guardian, or other person assessed for the costs of transport, food, shelter, or care of a minor under Section 207.2 or 903.25, the juvenile court shall, upon request of the county probation department, order the appearance of the parent, guardian, or other person before the county financial evaluation officer for a financial evaluation of his or her ability to pay the costs assessed.
If the county financial evaluation officer determines that a person so responsible has the ability to pay all or part of the costs, the county financial evaluation officer shall petition the court for an order requiring the person to pay that sum to the county or court, depending on which entity incurred the expense. If the parent or guardian is liable for costs for legal services pursuant to Section 903.1, the parent or guardian has been reunified with the child pursuant to a court order, and the county financial evaluation officer determines that repayment of the costs would harm the ability of the parent or guardian to support the child, then the county financial evaluation officer shall not petition the court for an order of repayment, and the court shall not make that order. In addition, if the parent or guardian is currently receiving reunification services, and the court finds, or the county financial officer determines, that repayment by the parent or guardian will pose a barrier to reunification with the child because it will limit the ability of the parent or guardian to comply with the requirements of the reunification plan or compromise the parents or guardians current or future ability to meet the financial needs of the child, or in any case in which the court finds that the repayment would be unjust under the circumstances of the case, then the county financial evaluation officer shall not petition the court for an order of repayment, and the court shall not order repayment by the parent or guardian. In evaluating a persons ability to pay under this section, the county financial evaluation officer and the court shall take into consideration the familys income, the necessary obligations of the family, and the number of persons dependent upon this income. A person appearing for a financial evaluation has the right to dispute the county financial evaluation officers determination, in which case he or she is entitled to a hearing before the juvenile court. The county financial evaluation officer, at the time of the financial evaluation, shall advise the person of his or her right to a hearing and of his or her rights pursuant to subdivision (c).
At the hearing, a person responsible for costs is entitled to have, but shall not be limited to, the opportunity to be heard in person, to present witnesses and other documentary evidence, to confront and cross-examine adverse witnesses, to disclosure of the evidence against him or her, and to receive a written statement of the findings of the court. The person has the right to be represented by counsel, and, if the person is unable to afford counsel, the right to appointed counsel. If the court determines that the person has the ability to pay all or part of the costs, including the costs of any counsel appointed to represent the person at the hearing, the court shall set the amount to be reimbursed and order him or her to pay that sum to the county or court, depending on which entity incurred the expense, in a manner in which the court believes reasonable and compatible with the persons financial ability.
If the person, after having been ordered to appear before the county financial evaluation officer, has been given proper notice and fails to appear as ordered, the county financial evaluation officer shall recommend to the court that the person be ordered to pay the full amount of the costs. Proper notice to the person shall contain all of the following:
(1)That the person has a right to a statement of the costs as soon as it is available.
(2)The persons procedural rights under Section 27755 of the Government Code.
(3)The time limit within which the persons appearance is required.
(4)A warning that if the person fails to appear before the county financial evaluation officer, the officer will recommend that the court order the person to pay the costs in full.
If the county financial evaluation officer determines that the person has the ability to pay all or a portion of these costs, with or without terms, and the person concurs in this determination and agrees to the terms of payment, the county financial evaluation officer, upon his or her written evaluation and the persons written agreement, shall petition the court for an order requiring the person to pay that sum to the county or the court in a manner that is reasonable and compatible with the persons financial ability. This order may be granted without further notice to the person, provided that a copy of the order is served on the person by mail or by electronic means pursuant to Section 212.5.
However, if the county financial evaluation officer cannot reach an agreement with the person with respect to either the liability for the costs, the amount of the costs, the persons ability to pay the costs, or the terms of payment, the matter shall be deemed in dispute and referred by the county financial evaluation officer back to the court for a hearing.
(c)At any time prior to the satisfaction of a judgment entered pursuant to this section, a person against whom the judgment was entered may petition the rendering court to modify or vacate the judgment on the basis of a change in circumstances relating to his or her ability to pay the judgment.
(d)Execution may be issued on the order in the same manner as on a judgment in a civil action, including any balance remaining unpaid at the termination of the courts jurisdiction over the minor.
SEC. 148.Section 5362 of the Welfare and Institutions Code is amended to read:5362.(a)The clerk of the superior court shall notify each conservator, his or her conservatee and the person in charge of the facility in which the person resides, and the conservatees attorney, at least 60 days before the termination of the one-year period. If the conservator is a private party, the clerk of the superior court shall also notify the mental health director and the county officer providing conservatorship investigation pursuant to Section 5355, at least 60 days before the termination of the one-year period. Notification shall be delivered pursuant to Section 1215 of the Probate Code. The notification shall be in substantially the following form:
In the Superior Court of the State of California | |
The people of the State of California | No.____ |
Concerning | Notice of Termination |
of Conservatorship | |
The people of the State of California to : | |
(conservatee, conservatees attorney, conservator, and professional person in charge of the facility in which the conservatee resides, county mental health director, and county officer providing conservatorship investigation.) | |
The one-year conservatorship established for ____ pursuant to
Welfare and Institutions Code Section ____ on ____ will
terminate on ____. If the conservator, ____, wishes to
reestablish conservatorship for another year he or she must petition
the court by ____. Subject to a request for a court hearing by jury
trial the judge may, on his or her own motion, accept or reject the
conservators petition.
If the conservator petitions to reestablish conservatorship the
conservatee, the professional person in charge of the facility in which
he or she resides, the conservatees attorney, and, if the conservator
is a private party, the county mental health director and the county
officer providing conservatorship investigation shall be notified. If
any of them request it, there shall be a court hearing or a jury trial,
whichever is requested, on the issue of whether the conservatee is
still gravely disabled and in need of conservatorship. If the private
conservator does not petition for reappointment, the county officer
providing conservatorship investigation may recommend another
conservator. Such a petition shall be considered a petition for
reappointment as
conservator.
Clerk of the Superior Court by Deputy |
(b)Subject to a request for a court hearing or jury trial, the judge may, on his or her own motion, accept or reject the conservators petition.
If the conservator does not petition to reestablish conservatorship at or before the termination of the one-year period, the court shall issue a decree terminating conservatorship. The decree shall be delivered to the conservator and his or her conservatee pursuant to Section 1215 of the Probate Code and shall be accompanied by a statement of California law as set forth in Section 5368.
(a)In any contested action or special proceeding other than a small claims action or an action or proceeding in which a prevailing party is not represented by counsel, the party submitting an order or judgment for entry shall prepare and serve, by personal delivery or by mail, a copy of the notice of entry of judgment to all parties who have appeared in the action or proceeding and shall file with the court the original notice of entry of judgment together with the proof of service. This subdivision does not apply in a proceeding for dissolution of marriage, for nullity of marriage, or for legal separation.
(b)Promptly upon entry of judgment in a contested action or special proceeding in which a prevailing party is not represented by counsel, the clerk of the court shall mail serve notice of entry of judgment to all parties who have appeared in the action or special proceeding and shall execute a certificate of such mailing service and place it in the courts file in the cause.
(c)For purposes of this section, judgment includes any judgment, decree, or signed order from which an appeal lies.
(d)Upon order of the court in any action or special proceeding, the clerk shall mail serve notice of entry of any judgment or ruling, whether or not appealable.
(e)The Judicial Council shall, by January 1, 1999, adopt a rule of court for the purposes of providing shall provide by rule of court that, upon entry of judgment in a contested action or special proceeding in which a state statute or regulation has been declared unconstitutional by the court, the Attorney General is promptly notified of the judgment and that a certificate of that mailing service is placed in the courts file in the cause.
SEC. 2.Section 1010.6 of the Code of Civil Procedure is amended to read:1010.6.(a)A document may be served electronically in an action filed with the court as provided in this section, in accordance with rules adopted pursuant to subdivision (e).
(1)For purposes of this section:
(A)Electronic service means service of a document, on a party or other person, by either electronic transmission or electronic notification. Electronic service may be performed directly by a party, party or other person, by an agent of a party, party or other person, including the partys or other persons attorney, or through an electronic filing service provider.
(B)Electronic transmission means the transmission of a document by electronic means to the electronic service address at or through which a party or other person has authorized electronic service.
(C)Electronic notification means the notification of the party or other person that a document is served by sending an electronic message to the electronic address at or through which the party or other person has authorized electronic service, specifying the exact name of the document served, and providing a hyperlink at which the served document may be viewed and downloaded.
(2)If a document may be served by mail, express mail, overnight delivery, or facsimile transmission, electronic service of the document is authorized when a party or other person has agreed to accept service electronically in that action. action or when a court has ordered electronic service on a represented party or other represented person under subdivision (c) or (d).
(3)In any action in which a party or other person has agreed to accept electronic service under paragraph (2), or in which the court has ordered electronic service on a represented party or other represented person under subdivision (c) or (d), the court may electronically serve any document issued by the court that is not required to be personally served in the same manner that parties electronically serve documents. The electronic service of documents by the court shall have the same legal effect as service by mail, except as provided in paragraph (4).
(4)(A)Electronic service of a document is complete at the time of the electronic transmission of the document or at the time that the electronic notification of service of the document is sent. However, any period of notice, or any right or duty to do any act or make any response within any period or on a date certain after the service of the document, which time period or date is prescribed by statute or rule of court, shall be extended after service by electronic means by two court days, but the extension shall not apply to extend the time for filing any of the following:
(i)A notice of intention to move for new trial.
(ii)A notice of intention to move to vacate judgment under Section 663a.
(iii)A notice of appeal.
(B)This extension applies in the absence of a specific exception provided by any other statute or rule of court.
(5)Any document that is served electronically between 12:00 a.m. and 11:59:59 p.m. on a court day shall be deemed served on that court day. Any document that is served electronically on a noncourt day shall be deemed served on the next court day.
(b)A trial court may adopt local rules permitting electronic filing of documents, subject to rules adopted pursuant to subdivision (e) and the following conditions:
(1)A document that is filed electronically shall have the same legal effect as an original paper document.
(2)(A)When a document to be filed requires the signature, signature of any person, not under penalty of perjury, of an attorney or a self-represented party, the document shall be deemed to have been signed by that attorney or self-represented party if filed electronically. the person who filed the document electronically.
(B)When a document to be filed requires the signature, under penalty of perjury, of any person, the document shall be deemed to have been signed by that person if filed electronically and if a either of the following conditions is satisfied:
(i)The person has signed a printed form of the document has been signed by that person before or on the same day as, the date of filing. The attorney or other person filing the document represents, by the act of filing, that the declarant has complied with this section. The attorney or other person filing the document shall maintain the printed form of the document bearing the original signature until final disposition of the case, as defined in subdivision (c) of Section 68151 of the Government Code, and make it available for review and copying upon the request of the court or any party to the action or proceeding in which it is filed.
(ii)The person has signed the document using a computer or other technology in accordance with procedures, standards, and guidelines established by the Judicial Council pursuant to this section.
(3)Any document that is electronically filed with the court after the close of business on any day shall be deemed to have been filed received electronically by the court between 12:00 a.m. and 11:59:59 p.m. on a court day shall be deemed filed on that court day. Any document that is received electronically on a noncourt day shall be deemed filed on the next court day. Close of business, as used in this paragraph, means 5 p.m. or the time at which the court will not accept filing at the courts filing counter, whichever is earlier.
(4)The court receiving a document filed electronically shall issue a confirmation that the document has been received and filed. The confirmation shall serve as proof that the document has been filed.
(5)Upon electronic filing of a complaint, petition, or other document that must be served with a summons, a trial court, upon request of the party filing the action, shall issue a summons with the court seal and the case number. The court shall keep the summons in its records and may electronically transmit a copy of the summons to the requesting party. Personal service of a printed form of the electronic summons shall have the same legal effect as personal service of an original summons. If a trial court plans to electronically transmit a summons to the party filing a complaint, the court shall immediately, upon receipt of the complaint, notify the attorney or party that a summons will be electronically transmitted to the electronic address given by the person filing the complaint.
(6)The court shall permit a party or attorney to file an application for waiver of court fees and costs, in lieu of requiring the payment of the filing fee, as part of the process involving the electronic filing of a document. The court shall consider and determine the application in accordance with Article 6 (commencing with Section 68630) of Chapter 2 of Title 8 of the Government Code and shall not require the party or attorney to submit any documentation other than that set forth in Article 6 (commencing with Section 68630) of Chapter 2 of Title 8 of the Government Code. Nothing in this section shall require the court to waive a filing fee that is not otherwise waivable.
(7)A fee, if any, charged by the court, an electronic filing manager, or an electronic filing service provider to process a payment for filing fees and other court fees shall not exceed the costs incurred in processing the payment.
(c)If a trial court adopts rules conforming to subdivision (b), it may provide by order that all parties to an action file and serve documents electronically in a class action, a consolidated action, a group of actions, a coordinated action, or an action that is deemed complex under Judicial Council rules, provided that the trial courts order does not cause undue hardship or significant prejudice to any party in the action.
(d)(1)Notwithstanding subdivision (b), the Orange County Superior Court may, by local rule and until July 1, 2014, establish a pilot project to require parties to specified civil actions to electronically file and serve documents, subject to the requirements set forth in paragraphs (1), (2), (4), (5), and (6) of subdivision (b), rules adopted pursuant to subdivision (e), and the following conditions:(d)A superior court may, by local rule, require electronic filing and service in civil actions, subject to the requirements and conditions stated in subdivision (b), the rules adopted by the Judicial Council under subdivision (f), and the following conditions:
(A)(1)The court shall have the ability to maintain the official court record in electronic format for all cases where electronic filing is required.
(B)(2)The court and the parties shall have access to more than one electronic filing service provider capable of electronically filing documents with the court or to electronic filing access directly through the court. The court may charge fees of no more than the actual cost of the electronic filing and service of the documents. Any fees charged by an electronic filing service provider shall be reasonable. The court, an electronic filing manager, or an electronic filing service provider shall waive any fees charged if the court deems a waiver appropriate, including in instances where a party has received a fee waiver.
(C)(3)The court shall have a procedure for the filing of nonelectronic documents in order to prevent the program from causing undue hardship or significant prejudice to any party in an action, including, but not limited to, unrepresented parties.
(D)A court that elects to require electronic filing pursuant to this subdivision may permit documents to be filed electronically until 12 a.m. of the day after the court date that the filing is due, and the filing shall be considered timely. However, if same day service of a document is required, the document shall be electronically filed by 5 p.m. on the court date that the filing is due. Ex parte documents shall be electronically filed on the same date and within the same time period as would be required for the filing of a hard copy of the ex parte documents at the clerks window in the participating county. Documents filed on or after 12 a.m., or filed upon a noncourt day, will be deemed filed on the soonest court day following the filing.(2)If a pilot project is established pursuant to paragraph (1), the Judicial Council shall conduct an evaluation of the pilot project and report to the Legislature, on or before December 31, 2013, on the results of the evaluation. The evaluation shall review, among other things, the cost of the program to participants, cost-effectiveness for the court, effect on unrepresented parties and parties with fee waivers, and ease of use for participants.(4)Unrepresented persons are exempt from mandatory electronic filing and service.
(e)The Judicial Council shall adopt uniform rules for the electronic filing and service of documents in the trial courts of the state, which shall include statewide policies on vendor contracts, privacy, and access to public records, and rules relating to the integrity of electronic service. These rules shall conform to the conditions set forth in this section, as amended from time to time.
(f)The Judicial Council shall, on or before July 1, 2014, shall adopt uniform rules to permit the mandatory electronic filing and service of documents for specified civil actions in the trial courts of the state, which shall be informed by any study performed pursuant to paragraph (2) of subdivision (d) and which shall include statewide policies on vendor contracts, privacy, access to public records, unrepresented parties, parties with fee waivers, hardships, reasonable exceptions to electronic filing, and rules relating to the integrity of electronic service. These rules shall conform to the conditions set forth in this section, as amended from time to time.
(g)(1)Upon the adoption of uniform rules by the Judicial Council for mandatory electronic filing and service of documents for specified civil actions in the trial courts of the state, as specified in subdivision (f), a superior court may, by local rule, require mandatory electronic filing, pursuant to paragraph (2).(2)A superior court that elects to adopt mandatory electronic filing shall do so pursuant to the requirements and conditions set forth in this section, including, but not limited to, paragraphs (1), (2), (4), (5), (6), and (7) of subdivision (b), and subparagraphs (A), (B), and (C) of paragraph (1) of subdivision (d), and pursuant to the rules adopted by the Judicial Council, as specified in subdivision (f).SEC. 3.Section 1011 of the Code of Civil Procedure is amended to read:1011.The service may be personal, by delivery to the party or attorney on whom the service is required to be made, or it may be as follows:
(a)If upon an attorney, service may be made at the attorneys office, by leaving the notice or other papers in an envelope or package clearly labeled to identify the attorney being served, with a receptionist or with a person having charge thereof. When If there is no person in the office with whom the notice or papers may be left for purposes of this subdivision at the time service is to be effected, service may be made by leaving them between the hours of nine in the morning and five in the afternoon, in a conspicuous place in the office, or, if the attorneys office is not open so as to admit of that service, then service may be made by leaving the notice or papers at the attorneys residence, with some person of not less than 18 years of age, if the attorneys residence is in the same county with his or her office, and, if the attorneys residence is not known or is not in the same county with his or her office, or being in the same county it is not open, or a person 18 years of age or older cannot be found at the attorneys residence, then service may be made by putting the notice or papers, enclosed in a sealed envelope, into the post office or a mail box, subpost office, substation, or mail chute or other like facility regularly maintained by the Government of the United States directed to the attorney at his or her office, if known and otherwise to the attorneys residence, if known. If neither the attorneys office nor residence is known, service may be made by delivering the notice or papers to the address of the attorney or party of record as designated on the court papers, or by delivering the notice or papers to the clerk of the court, for the attorney.
(b)If upon a party, service shall be made in the manner specifically provided in particular cases, or, if no specific provision is made, service may be made by leaving the notice or other paper at the partys residence, between the hours of eight in the morning and six in the evening, with some person of not less than 18 years of age. If If, at the time of attempted service between those hours hours, a person 18 years of age or older cannot be found at the partys residence, the notice or papers may be served by mail. If the partys residence is not known, then service may be made by delivering the notice or papers to the clerk of the court, for that party.
(c)Electronic service shall be permitted pursuant to Section 1010.6 and under the rules on electronic service in the California Rules of Court.
SEC. 4.Section 1013b is added to the Code of Civil Procedure, to read:1013b.(a)Proof of electronic service may be made by any of the methods:
(1)An affidavit setting forth the exact title of the document served and filed in the cause, showing the name and residence or business address of the person making the service, showing that he or she is a resident of or employed in the county where the filing occurs, and that he or she is over the age of 18 years.
(2)A certificate setting forth the exact title of the document served and filed in the cause, showing the name and business address of the person making the service, and showing that he or she is an active member of the State Bar of California.
(3)An affidavit setting forth the exact title of the document served and filed in the cause, showing (A) the name and residence or business address of the person making the service, (B) that he or she is a resident of, or employed in, the county where the filing occurs, (C) that he or she is over the age of 18 years, (D) that he or she is readily familiar with the business practice for filing electronically, and (E) that the document would be electronically filed that same day in the ordinary course of business following ordinary business practices.
(4)In case of service by the clerk of a court of record, a certificate by that clerk setting forth the exact title of the document served and filed in the cause, showing the name of the clerk and the name of the court of which he or she is the clerk.
(b)Proof of electronic service shall include all of the following:
(1)The electronic service address and the residence or business address of the person making the service.
(2)The date of electronic service.
(3)The name and electronic service address of the person served.
(4)A statement that the document was served electronically.
(c)Proof of electronic service shall be signed as provided in subparagraph (B) of paragraph (2) of subdivision (b) of Section 1010.6.
(d)Proof of electronic service may be in electronic form and may be filed electronically with the court.
SEC. 5.Section 690.5 is added to the Penal Code, to read:690.5.(a)Subdivisions (a) and (b) of Section 1010.6 of the Code of Civil Procedure, pertaining to the permissive filing and service of documents, are applicable to criminal actions, except as otherwise provided in Section 959.1 or any other provision of this code.
(b)The Judicial Council shall adopt uniform rules for the electronic filing and service of documents in criminal cases in the trial courts of this state.
SEC. 6.Section 331 of the Probate Code is amended to read:331.(a)This section applies only to a safe deposit box in a financial institution held by the decedent in the decedents sole name, or held by the decedent and others where all are deceased. Nothing in this section affects the rights of a surviving coholder.
(b)A person who has a key to the safe deposit box may, before letters have been issued, obtain access to the safe deposit box only for the purposes specified in this section by providing the financial institution with both of the following:
(1)Proof of the decedents death. Proof shall be provided by a certified copy of the decedents death certificate or by a written statement of death from the coroner, treating physician, or hospital or institution where the decedent died.
(2)Reasonable proof of the identity of the person seeking access. Reasonable proof of identity is provided for the purpose of this paragraph if the requirements of Section 13104 are satisfied.
(c)The financial institution has no duty to inquire into the truth of any statement, declaration, certificate, affidavit, or document offered as proof of the decedents death or proof of identity of the person seeking access.
(d)When If the person seeking access has satisfied the requirements of subdivision (b), the financial institution shall do all of the following:
(1)Keep a record of the identity of the person.
(2)Permit the person to open the safe deposit box under the supervision of an officer or employee of the financial institution, and to make an inventory of its contents.
(3)Make a photocopy of all wills and trust instruments removed from the safe deposit box, and keep the photocopy in the safe deposit box until the contents of the box are removed by the personal representative of the estate or other legally authorized person. The financial institution may charge the person given access a reasonable fee for photocopying.
(4)Permit the person given access to remove instructions for the disposition of the decedents remains, and, after a photocopy is made, to remove the wills and trust instruments.
(e)The person given access shall deliver all wills found in the safe deposit box to the clerk of the superior court and mail or deliver a copy pursuant to Section 1215 to the person named in the will as executor or beneficiary as provided in Section 8200.
(f)Except as provided in subdivision (d), the person given access shall not remove any of the contents of the decedents safe deposit box.
SEC. 7.Section 366 of the Probate Code is amended to read:366.Notice of a hearing under this part shall be mailed delivered pursuant to Section 1215 at least 15 days before the hearing to each fiduciary and consultant consultant, and to the following persons:
(a)In the case of a trust, to each known beneficiary, subject to the provisions of Chapter 2 (commencing with Section 15800) of Part 3 of Division 9.
(b)In the case of a decedents estate, as provided in Section 1220 1220, to both of the following:
(1)Each known heir whose interest in the estate would be affected by the proceedings.
(2)Each known devisee whose interest in the estate would be affected by the proceedings.
(c)In the case of a guardianship or conservatorship estate, as provided in Section 1460.
(d)In other cases, to any additional interested persons required by the court to receive notice.
SEC. 8.Section 453 of the Probate Code is amended to read:453.(a)On petition of a person required to appear before the probate referee pursuant to this chapter, the court may make a protective order to protect the person from annoyance, embarrassment, or oppression. The petitioner shall mail deliver pursuant to Section 1215 notice of the hearing on the petition to the probate referee and to the personal representative, guardian, conservator, or other fiduciary at least 15 days before the date set for the hearing. Any subpoena issued by the probate referee is stayed during the pendency of the petition.
(b)On petition of the probate referee, the court may make an order to show cause why a person who is required, but fails, to appear before the probate referee pursuant to this chapter, should not be compelled to do so. The probate referee shall mail deliver pursuant to Section 1215 notice of the hearing on the petition to the person at least 15 days before the date set for the hearing.
SEC. 9.Section 711 of the Probate Code is amended to read:711.If a document deposited with an attorney is lost or destroyed, the attorney shall give notice of the loss or destruction to the depositor by one of the following methods:
(a)By mailing delivering pursuant to Section 1215 the notice to the depositors last known address.
(b)By the method most likely to give the depositor actual notice.
SEC. 10.Section 715 of the Probate Code is amended to read:715.An attorney may give written notice to a depositor, and obtain written acknowledgment from the depositor, in the following form:
NOTICE AND ACKNOWLEDGMENT |
To: | (Name of depositor) |
(Address) |
(City, state, and ZIP) |
(Electronic address) |
I have accepted your will or other estate planning document for safekeeping. I must use ordinary care for preservation of the document.
You must keep me advised of any change in your address addresses shown above. If you do not and I cannot return this document to you when necessary, I will no longer be required to use ordinary care for preservation of the document, and I may transfer it to another attorney, or I may transfer it to the clerk of the superior court of the county of your last known domicile, and give notice of the transfer to the State Bar of California.
(Signature of attorney) |
(Address of attorney) |
(City, state, ZIP) |
(Electronic address) |
My address addresses shown above is are correct. I understand that I must keep you advised of any change in this address. these addresses.
Dated: |
(Signature of depositor) |
(a)An attorney may terminate a deposit under this section if the attorney has mailed notice delivered notice pursuant to Section 1215 to reclaim the document to the depositors last known address and the depositor has failed to reclaim the document within 90 days after the mailing. delivery.
(b)Subject to subdivision (f), an attorney may terminate a deposit under this section by transferring the document to another attorney. All documents transferred under this subdivision shall be transferred to the same attorney.
(c)Subject to subdivision (f), if an attorney is deceased, lacks legal capacity, or is no longer an active member of the State Bar, a deposit may be terminated under this section by transferring the document to the clerk of the superior court of the county of the depositors last known domicile. The attorney shall advise the clerk that the document is being transferred pursuant to Section 732. this section.
(d)An attorney may not accept a fee or compensation from a transferee for transferring a document under this section. An attorney may charge a fee for receiving a document under this section.
(e)Transfer of a document by an attorney under this section is not a waiver or breach of any privilege or confidentiality associated with the document, and is not a violation of the rules of professional conduct. If the document is privileged under Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code, the document remains privileged after the transfer.
(f)If the document is a will and the attorney has actual notice that the depositor has died, the attorney may terminate a deposit only as provided in Section 734.
SEC. 12.Section 733 of the Probate Code is amended to read:733.(a)An attorney transferring one or more documents under Section 732 shall mail notice deliver notice pursuant to Section 1215 of the transfer to the State Bar of California. The notice shall contain all of the following information:
(1)The name of the depositor.
(2)The date of the transfer.
(3)The name, address, and State Bar number of the transferring attorney.
(4)Whether any documents are transferred to an attorney, and the name, address, and State Bar number of the attorney to whom the documents are transferred.
(5)Whether any documents are transferred to a superior court clerk.
(b)The State Bar shall record only one notice of transfer for each transferring attorney. The State Bar shall prescribe the form for the notice of transfer. On request by any person, the State Bar shall give that person information in the notice of transfer. At its sole election, the State Bar may give the information orally or in writing.
SEC. 13.Section 1050 of the Probate Code is amended to read:1050.The judgment roll in a proceeding under this code consists of the following papers, where applicable:
(a)In all cases:
(1)The petition, application, report, or account that initiates a particular proceeding.
(2)Any order directing notice of the hearing to be given.
(3)Any notice of the hearing, and any order to show cause made in the proceeding, with the affidavits showing publication, posting, mailing, or personal or delivery pursuant to Section 1215 of the notice or order as may be required by law or court order.
(4)Any citation, in case no answer or written opposition is filed by a party entitled, by law or court order, to notice of the proceeding by citation, with the affidavit or proof of service and, if service of the citation is made by publication, the affidavit of publication and the order directing publication.
(5)Any finding of the court or referee in the proceeding.
(6)The order or statement of decision made in the proceeding.
(7)Any letters (as letters, as defined in Section 52). 52.
(b)If an answer, demurrer, written opposition, or counter petition is filed in a proceeding:
(1)Pleadings and papers in the nature of pleadings.
(2)Any orders striking out a pleading in whole or in part.
(3)Any order made on demurrer, or relating to a change of parties, in the proceeding.
(4)The verdict of the jury, if any.
(c)If the proceeding is for the probate of a will, the will.
(d)If the proceeding is a contest of a will, for the revocation of the probate of a will, or for a preliminary or final distribution of the estate under a will:
(1)The will.
(2)The order admitting the will to probate.
(e)If the proceeding is for the settlement of the final account of a personal representative or for the final distribution of an estate, the affidavit showing publication of notice to creditors.
SEC. 14.Section 1209 of the Probate Code is amended to read:1209.(a)Where If notice is required to be given to the State of California, the notice shall be given to the Attorney General.
(b)Where If notice is required to be given to the Attorney General, the notice shall be mailed delivered pursuant to Section 1215 to the Attorney General at the office of the Attorney General at Sacramento, California.
SEC. 15.Section 1212 of the Probate Code is amended to read:1212.Unless the court dispenses with the notice, if the address of the person to whom a notice or other paper is required to be mailed or delivered pursuant to Section 1215 is not known, notice shall be given as the court may require in the manner provided in Section 413.30 of the Code of Civil Procedure.
SEC. 16.Section 1213 of the Probate Code is amended to read:1213.(a)The following persons shall mail deliver pursuant to Section 1215 a notice, as described in Section 1211, to a surety who has filed a court bond in a proceeding:
(1)A person who files a petition to surcharge.
(2)A person who files an objection to an account.
(3)A person who files a petition to suspend or remove a guardian, conservator, or personal representative.
(4)An attorney who files a motion to withdraw from representation of a guardian, conservator, or personal representative.
(b)Within five days after entry of an order to suspend or remove a guardian, conservator, or personal representative, the person who filed a petition to suspend or remove a guardian or, if the order to suspend or remove a guardian, conservator, or personal representative was issued upon a motion by the court, the court, shall notify pursuant to Section 1215 the surety who has filed a court bond of the order by first-class mail, postage prepaid. order.
(c)The notice required by this section shall be mailed delivered pursuant to Section 1215 to the address addressee listed on the surety bond.
(d)Notwithstanding subdivisions (a) and (b), notice is not required to a surety pursuant to this section if the surety bond is for a guardian, conservator, or personal representative who is not the subject of the petition, motion, or order described in this section.
SEC. 17.Section 1214 of the Probate Code is amended to read:1214.If a notice or other paper is required or permitted to be mailed, delivered, served, or otherwise given served or delivered pursuant to Section 1215 to a person who is represented by an attorney of record, the notice or other paper shall also be mailed delivered pursuant to Section 1215 to this attorney, unless otherwise specified in a request for special notice.
SEC. 18.Section 1215 of the Probate Code is amended to read:1215.Unless otherwise expressly provided: provided, a notice or other paper that is required or permitted to be delivered to a person shall be delivered pursuant to one of the following methods:
(a)If a notice or other paper is required or permitted to be mailed to a person, the notice or other paper shall be mailed as provided in this section or personally delivered as provided in Section 1216.(a)Delivery by mail.
(b)The(1)A notice or other paper shall be sent by: delivered by mail as follows:
(1)First-class(A)By first-class mail if the persons address is within the United States. First-class mail includes certified, registered, and express mail.
(2)Airmail(B)By international mail if the persons address is not within the United States. International mail includes first-class mail international, priority mail international, priority mail express international, and global express guaranteed.
(c)(2)The notice or other paper shall be deposited for collection in the United States mail, in a sealed envelope, with postage paid, addressed to the person to whom it is mailed.
(d)(3)Subject to Section 1212, the notice or other paper shall be addressed to the person at the persons place of business or place of residence.
(e)When the notice or other paper is deposited in the mail, mailing is complete(4)Delivery by mail is complete when the notice or other paper is deposited in the mail and the period of notice is not extended.
(b)Personal delivery.
(1)A notice or other paper may be delivered personally to that person.
(2)Personal delivery is complete when the notice or other paper is delivered personally to the person who is to receive it.
(c)Electronic delivery.
(1)A notice or other paper may be delivered by electronic means if the person to receive notice has consented to receive electronic delivery in the proceeding before the court and has provided an electronic address.
(2)Electronic delivery is complete when the notice or other paper is sent and the period of notice is not extended. If notice is required to be sent by certified or registered mail, electronic delivery is complete when the person receiving notice sends an electronic receipt and the receipt is received by the sender.
SEC. 19.Section 1216 of the Probate Code is repealed.1216.(a)If a notice or other paper is required or permitted to be mailed to a person, it may be delivered personally to that person. Personal delivery as provided in this section satisfies a provision that requires or permits a notice or other paper to be mailed.(b)Personal delivery pursuant to this section is complete when the notice or other paper is delivered personally to the person who is to receive it.SEC. 20.Section 1217 of the Probate Code is amended to read:1217.If a notice or other paper is required to be served or otherwise given and no other manner of giving the notice or other paper is specified by statute, the notice or other paper shall be mailed or personally delivered as provided in this chapter. pursuant to Section 1215.
SEC. 21.Section 1220 of the Probate Code is amended to read:1220.(a)When If notice of hearing is required to be given as provided in this section:
(1)At least 15 days before the time set for the hearing, the petitioner or the person filing the report, account, or other paper shall cause notice of the time and place of the hearing to be mailed delivered pursuant to Section 1215 to the persons required to be given notice.
(2)Unless the statute requiring notice specifies the persons to be given notice, notice shall be mailed delivered pursuant to Section 1215 to all of the following:
(A)The personal representative.
(B)All persons who have requested special notice in the estate proceeding pursuant to Section 1250.
(3)Subject to Section 1212, the notice shall be addressed delivered pursuant to Section 1215 to the person required to be given notice at the persons place of business or business, place of residence. residence, or electronic address.
(b)Subject to subdivision (c), nothing in this section excuses does not excuse compliance with the requirements for notice to a person who has requested special notice pursuant to Chapter 6 (commencing with Section 1250).
(c)The court for good cause may dispense with the notice otherwise required to be given to a person as provided in this section.
SEC. 22.Section 1250 of the Probate Code is amended to read:1250.(a)At any time after the issuance of letters in a proceeding under this code for the administration of a decedents estate, any person interested in the estate, whether as devisee, heir, creditor, beneficiary under a trust, or as otherwise interested, may in person or by attorney, file with the court clerk a written request for special notice.
(b)The request for special notice shall be so entitled and shall set forth the name of the person and the address to which notices shall be sent. delivered pursuant to Section 1215.
(c)Special notice may be requested of one or more of the following matters:
(1)Petitions filed in the administration proceeding.
(2)Inventories and appraisals of property in the estate, including any supplemental inventories and appraisals.
(3)Objections to an appraisal.
(4)Accounts of a personal representative.
(5)Reports of status of administration.
(d)Special notice may be requested of any matter in subdivision (c) by describing it, or of all the matters in subdivision (c) by referring generally to the matters described in subdivision (c) of Section 1250 of the Probate Code or by using words of similar meaning.
(e)A copy of the request shall be personally delivered or mailed pursuant to Section 1215 to the personal representative or to the attorney for the personal representative. If personally delivered, the request is effective when it is delivered. If mailed, mailed or electronically delivered, the request is effective when it is received.
(f)When If the original of the request is filed with the court clerk, it shall be accompanied by a written admission or proof of service.
SEC. 23.Section 1252 of the Probate Code is amended to read:1252.(a)Unless the court makes an order dispensing with the notice, if a request has been made pursuant to Section 1250 for special notice of a hearing, the person filing the petition, report, account, or other paper shall give written notice of the filing, together with a copy of the petition, report, account, or other paper, and the time and place set for the hearing, by mail by delivering the documents pursuant to Section 1215 to the person named in the request at the address set forth in the request, at least 15 days before the time set for the hearing.
(b)If a request has been made pursuant to Section 1250 for special notice of the filing of an inventory and appraisal of the estate or of the filing of any other paper that does not require a hearing, the inventory and appraisal or other paper shall be mailed delivered pursuant to Section 1215 not later than 15 days after the inventory and appraisal or other paper is filed with the court.
SEC. 24.Section 1265 of the Probate Code is amended and renumbered to read:1265.1266.Proof of notice, however given, may be made by evidence presented at the hearing.
SEC. 25.Section 1265 is added to the Probate Code, to read:1265.Proof of electronic delivery may be made in the manner prescribed in Section 1013b of the Code of Civil Procedure.
SEC. 26.Section 1460 of the Probate Code is amended to read:1460.(a)Subject to Sections 1202 and 1203, if notice of hearing is required under this division but the applicable provision does not fix the manner of giving notice of hearing, the notice of the time and place of the hearing shall be given at least 15 days before the day of the hearing as provided in this section.
(b)Subject to subdivision (e), the petitioner, who includes includes, for the purposes of this section section, a person filing a petition, report, or account, shall cause the notice of hearing to be mailed delivered pursuant to Section 1215, to each of the following persons:
(1)The guardian or conservator.
(2)The ward or the conservatee.
(3)The spouse of the ward or conservatee, if the ward or conservatee has a spouse, or the domestic partner of the conservatee, if the conservatee has a domestic partner.
(4)Any person who has requested special notice of the matter, as provided in Section 2700.
(5)For any hearing on a petition to terminate a guardianship, to accept the resignation of, or to remove the guardian, the persons described in subdivision (c) of Section 1510.
(6)For any hearing on a petition to terminate a conservatorship, to accept the resignation of, or to remove the conservator, the persons described in subdivision (b) of Section 1821.
(c)The clerk of the court shall cause the notice of the hearing to be posted as provided in Section 1230 if the posting is required by subdivision (c) of Section 2543.
(d)Except as provided in subdivision (e), nothing in this section excuses does not excuse compliance with the requirements for notice to a person who has requested special notice pursuant to Chapter 10 (commencing with Section 2700) of Part 4.
(e)The court court, for good cause cause, may dispense with the notice otherwise required to be given to a person as provided in this section.
SEC. 27.Section 1461 of the Probate Code is amended to read:1461.(a)As used in this section, director means:
(1)The Director of State Hospitals when the state hospital referred to in subdivision (b) is under the jurisdiction of the State Department of State Hospitals.
(2)The Director of Developmental Services when the state hospital referred to in subdivision (b) is under the jurisdiction of the State Department of Developmental Services.
(b)Notice of the time and place of hearing on the petition, report, or account, and a copy of the petition, report, or account, shall be mailed delivered pursuant to Section 1215 to the director at the directors office in Sacramento Sacramento or to the electronic address designated by the director for receipt of notice pursuant to this code, at least 15 days before the hearing if both of the following conditions exist:
(1)The ward or conservatee is or has been during the guardianship or conservatorship proceeding a patient in, or on leave from, a state hospital under the jurisdiction of the State Department of State Hospitals or the State Department of Developmental Services.
(2)The petition, report, or account is filed under any one or more of the following provisions: Section 1510, 1820, 1861, 2212, 2403, 2421, 2422, or 2423; Article 7 (commencing with Section 2540) of Chapter 6 of Part 4; Section 2580, 2592, or 2620; Chapter 9.5 (commencing with Section 2670) of Part 4; Section 3080 or 3088; or Chapter 3 (commencing with Section 3100) of Part 6. Notice under this section is not required in the case of an account pursuant to Section 2620 if the total guardianship or conservatorship assets are less than one thousand five hundred dollars ($1,500) and the gross annual income, exclusive of any public assistance income, is less than six thousand dollars ($6,000), and the ward or conservatee is not a patient in, or on leave or on outpatient status from, a state hospital at the time of the filing of the petition.
(c)If the ward or conservatee has been discharged from the state hospital, the director, upon ascertaining the facts, may file with the court a certificate stating that the ward or conservatee is not indebted to the state and waive the giving of further notices under this section. Upon the filing of the certificate of the director, compliance with this section thereafter is not required unless the certificate is revoked by the director and notice of the revocation is filed with the court.
(d)The statute of limitations does not run against any claim of the State Department of State Hospitals or the State Department of Developmental Services against the estate of the ward or conservatee for board, care, maintenance, or transportation with respect to an account that is settled without giving the notice required by this section.
SEC. 28.Section 1461.4 of the Probate Code is amended to read:1461.4.(a)The petitioner shall mail or personally serve deliver pursuant to Section 1215 a notice of the hearing and a copy of the petition to the director of the regional center for the developmentally disabled at least 30 days before the day of the hearing on a petition for appointment in any case in which all of the following conditions exist:
(1)The proposed ward or conservatee has developmental disabilities.
(2)The proposed guardian or conservator is not the natural parent of the proposed ward or conservatee.
(3)The proposed guardian or conservator is a provider of board and care, treatment, habilitation, or other services to persons with developmental disabilities or is a spouse or employee of a provider.
(4)The proposed guardian or conservator is not a public entity.
(b)The regional center shall file a written report and recommendation with the court regarding the suitability of the petitioners to meet the needs of the proposed ward or conservatee in any case described in subdivision (a).
SEC. 29.Section 1461.5 of the Probate Code is amended to read:1461.5.Notice of the time and place of hearing on a petition, report, or account, and a notice of the filing of an inventory, together with a copy of the petition, report, inventory, or account, shall be mailed delivered pursuant to Section 1215 to the office of the Veterans Administration having jurisdiction over the area in which the court is located at least 15 days before the hearing, or within 15 days after the inventory is filed, if both of the following conditions exist:
(a)The guardianship or conservatorship estate consists or will consist wholly or in part of any of the following:
(1)Money received from the Veterans Administration.
(2)Revenue or profit from such money or from property acquired wholly or in part from such money.
(3)Property acquired wholly or in part with such money or from such property.
(b)The petition, report, inventory, or account is filed under any one or more of the following provisions: Section 1510, 1601, 1820, 1861, 1874, 2422, or 2423; Article 7 (commencing with Section 2540) of Chapter 6 of Part 4; Section 2570, 2571, 2580, 2592, 2610, 2613, or 2620; Chapter 8 (commencing with Section 2640) of Part 4; Chapter 9.5 (commencing with Section 2670) of Part 4; Section 3080 or 3088; or Chapter 3 (commencing with Section 3100) of Part 6.
SEC. 30.Section 1511 of the Probate Code is amended to read:1511.(a)Except as provided in subdivisions (f) and (g), at least 15 days before the hearing on the petition for the appointment of a guardian, notice of the time and place of the hearing shall be given as provided in subdivisions (b), (c), (d), and (e) of this section. The notice shall be accompanied by a copy of the petition. The court may shall not shorten the time for giving the notice of hearing under this section.
(b)Notice shall be served in the manner provided in Section 415.10 or 415.30 of the Code of Civil Procedure, or in any manner authorized by the court, on all of the following persons:
(1)The proposed ward if 12 years of age or older.
(2)Any person having legal custody of the proposed ward, or serving as guardian of the estate of the proposed ward.
(3)The parents of the proposed ward.
(4)Any person nominated as a guardian for the proposed ward under Section 1500 or 1501.
(c)Notice shall be given by mail sent delivered pursuant to Section 1215 to their the addresses stated in the petition, or in any manner authorized by the court, to all of the following:
(1)The spouse named in the petition.
(2)The relatives named in the petition, except that if the petition is for the appointment of a guardian of the estate only the court may dispense with the giving of notice to any one or more or all of the relatives.
(3)The person having the care of the proposed ward if other than the person having legal custody of the proposed ward.
(d)If notice is required by Section 1461 or Section 1542 to be given to the Director of State Hospitals or the Director of Developmental Services or the Director of Social Services, notice shall be mailed delivered pursuant to Section 1215 as so required.
(e)If the petition states that the proposed ward is receiving or is entitled to receive benefits from the Veterans Administration, notice shall be mailed delivered pursuant to Section 1215 to the office of the Veterans Administration referred to in Section 1461.5.
(f)Unless the court orders otherwise, notice shall not be given to any of the following:
(1)The parents or other relatives of a proposed ward who has been relinquished to a licensed adoption agency.
(2)The parents of a proposed ward who has been judicially declared free from their custody and control.
(g)Notice need not be given to any person if the court so orders upon a determination of either of the following:
(1)The person cannot with reasonable diligence be given the notice.
(2)The giving of the notice would be contrary to the interest of justice.
(h)Before the appointment of a guardian is made, proof shall be made to the court that each person entitled to notice under this section either:
(1)Has been given notice as required by this section.
(2)Has not been given notice as required by this section because the person cannot with reasonable diligence be given the notice or because the giving of notice to that person would be contrary to the interest of justice.
(i)If notice is required by Section 1460.2 to be given to an Indian custodian or tribe, notice shall be mailed as so required.
SEC. 31.Section 1513.2 of the Probate Code is amended to read:1513.2.(a)To the extent resources are available, the court shall implement procedures, as described in this section, to ensure that every guardian annually completes and returns to the court a status report, including the statement described in subdivision (b). A guardian who willfully submits any material information required by the form which he or she knows to be false shall be guilty of a misdemeanor. Not later than one month prior to before the date the status report is required to be returned, the clerk of the court shall mail deliver a notice pursuant to Section 1215 to the guardian by first-class mail a notice informing the guardian that he or she is required to complete and return the status report to the court. The clerk shall enclose with the letter a blank status report form for the guardian to complete and return by mail. return. If the status report is not completed and returned as required, or if the court finds, after a status report has been completed and returned, that further information is needed, the court shall attempt to obtain the information required in the report from the guardian or other sources. If the court is unable to obtain this information within 30 days after the date the status report is due, the court shall either order the guardian to make himself or herself available to the investigator for purposes of investigation of the guardianship, or to show cause why the guardian should not be removed.
(b)The Judicial Council shall develop a form for the status report. The form shall include the following statement: A guardian who willfully submits any material information required by this form which he or she knows to be false is guilty of a misdemeanor. The form shall request information the Judicial Council deems necessary to determine the status of the guardianship, including, but not limited to, the following:
(1)The guardians present address. address and electronic address.
(2)The name and birth date of the child under guardianship.
(3)The name of the school in which the child is enrolled, if any.
(4)If the child is not in the guardians home, the name, relationship, address, electronic address, and telephone number of the person or persons with whom the child resides.
(5)If the child is not in the guardians home, why the child was moved.
(c)The report authorized by this section is confidential and shall only be made available to persons who have been served in the proceedings or their attorneys. The clerk of the court shall implement procedures for the limitation of the report exclusively to persons entitled to its receipt.
(d)The Judicial Council shall report to the Legislature no later than December 31, 2004, regarding the costs and benefits of utilizing the annual status report.SEC. 32.Section 1516 of the Probate Code is amended to read:1516.(a)In each case involving a petition for guardianship of the person, the petitioner shall mail deliver pursuant to Section 1215 a notice of the hearing and a copy of the petition, at least 15 days prior to before the hearing, to the local agency designated by the board of supervisors to investigate guardianships for the court. The local social services agency providing child protection services shall screen the name of the guardian for prior referrals of neglect or abuse of minors. The results of this screening shall be provided to the court.
(b)This section does not apply to guardianships resulting from a permanency plan for a dependent child pursuant to Section 366.25 of the Welfare and Institutions Code.
SEC. 33.Section 1542 of the Probate Code is amended to read:1542.In each case involving a petition for guardianship of the person, the petitioner shall mail deliver pursuant to Section 1215 a notice of the hearing and a copy of the petition, at least 15 days prior to before the hearing, to the Director of Social Services at the directors office in Sacramento and to the local agency designated by the board of supervisors to investigate guardianships for the court.
SEC. 34.Section 1822 of the Probate Code is amended to read:1822.(a)At least 15 days before the hearing on the petition for appointment of a conservator, notice of the time and place of the hearing shall be given as provided in this section. The notice shall be accompanied by a copy of the petition. The court may shall not shorten the time for giving the notice of hearing under this section.
(b)Notice shall be mailed delivered pursuant to Section 1215 to the following persons:
(1)The spouse, if any, or registered domestic partner, if any, of the proposed conservatee at the address stated in the petition.
(2)The relatives named in the petition at their addresses stated in the petition.
(c)If notice is required by Section 1461 to be given to the Director of State Hospitals or the Director of Developmental Services, notice shall be mailed delivered pursuant to Section 1215 as so required.
(d)If the petition states that the proposed conservatee is receiving or is entitled to receive benefits from the Veterans Administration, notice shall be mailed to the Office of the Veterans Administration referred to in Section 1461.5.
(e)If the proposed conservatee is a person with developmental disabilities, at least 30 days before the day of the hearing on the petition, the petitioner shall mail deliver pursuant to Section 1215 a notice of the hearing and a copy of the petition to the regional center identified in Section 1827.5.
(f) If the petition states that the petitioner and the proposed conservator have no prior relationship with the proposed conservatee and are not nominated by a family member, friend, or other person with a relationship to the proposed conservatee, notice shall be mailed delivered pursuant to Section 1215 to the public guardian of the county in which the petition is filed.
SEC. 35.Section 1826 of the Probate Code is amended to read:1826.(a)Regardless of whether the proposed conservatee attends the hearing, the court investigator shall do all of the following:
(1)Conduct the following interviews:
(A)The proposed conservatee personally.
(B)All petitioners and all proposed conservators who are not petitioners.
(C)The proposed conservatees spouse or registered domestic partner and relatives within the first degree. If the proposed conservatee does not have a spouse, registered domestic partner, or relatives within the first degree, to the greatest extent possible, the proposed conservatees relatives within the second degree.
(D)To the greatest extent practical and taking into account the proposed conservatees wishes, the proposed conservatees relatives within the second degree not required to be interviewed under subparagraph (C), neighbors, and, if known, close friends.
(2)Inform the proposed conservatee of the contents of the citation, of the nature, purpose, and effect of the proceeding, and of the right of the proposed conservatee to oppose the proceeding, to attend the hearing, to have the matter of the establishment of the conservatorship tried by jury, to be represented by legal counsel if the proposed conservatee so chooses, and to have legal counsel appointed by the court if unable to retain legal counsel.
(3)Determine if it appears that the proposed conservatee is unable to attend the hearing and, if able to attend, whether the proposed conservatee is willing to attend the hearing.
(4)Review the allegations of the petition as to why the appointment of the conservator is required and, in making his or her determination, do the following:
(A)Refer to the supplemental information form submitted by the petitioner and consider the facts set forth in the form that address each of the categories specified in paragraphs (1) to (5), inclusive, of subdivision (a) of Section 1821.
(B)Consider, to the extent practicable, whether he or she believes the proposed conservatee suffers from any of the mental function deficits listed in subdivision (a) of Section 811 that significantly impairs the proposed conservatees ability to understand and appreciate the consequences of his or her actions in connection with any of the functions described in subdivision (a) or (b) of Section 1801 and identify the observations that support that belief.
(5)Determine if the proposed conservatee wishes to contest the establishment of the conservatorship.
(6)Determine if the proposed conservatee objects to the proposed conservator or prefers another person to act as conservator.
(7)Determine if the proposed conservatee wishes to be represented by legal counsel and, if so, whether the proposed conservatee has retained legal counsel and, if not, the name of an attorney the proposed conservatee wishes to retain.
(8)(A)Determine if the proposed conservatee is incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and may be disqualified from voting pursuant to Section 2208 of the Elections Code.
(B)The proposed conservatee shall not be disqualified from voting on the basis that he or she does, or would need to do, any of the following to complete an affidavit of voter registration:
(i)Signs the affidavit of voter registration with a mark or a cross pursuant to subdivision (b) of Section 2150 of the Elections Code.
(ii)Signs the affidavit of voter registration by means of a signature stamp pursuant to Section 354.5 of the Elections Code.
(iii)Completes the affidavit of voter registration with the assistance of another person pursuant to subdivision (d) of Section 2150 of the Elections Code.
(iv)Completes the affidavit of voter registration with reasonable accommodations.
(9)If the proposed conservatee has not retained legal counsel, determine if the proposed conservatee desires the court to appoint legal counsel.
(10)Determine if the appointment of legal counsel would be helpful to the resolution of the matter or is necessary to protect the interests of the proposed conservatee in a case where the proposed conservatee does not plan to retain legal counsel and has not requested the appointment of legal counsel by the court.
(11)Report to the court in writing, at least five days before the hearing, concerning all of the foregoing, including the proposed conservatees express communications concerning both of the following:
(A)Representation by legal counsel.
(B)If the proposed conservatee is not willing to attend the hearing, does not wish to contest the establishment of the conservatorship, and does not object to the proposed conservator or prefers that another person act as conservator.
(12)Mail, Deliver pursuant to Section 1215, at least five days before the hearing, a copy of the report referred to in paragraph (11) to all of the following:
(A)The attorney, if any, for the petitioner.
(B)The attorney, if any, for the proposed conservatee.
(C)The proposed conservatee.
(D)The spouse, registered domestic partner, and relatives within the first degree of the proposed conservatee who are required to be named in the petition for appointment of the conservator, unless the court determines that the mailing delivery will harm the conservatee.
(E)Any other persons as the court orders.
(b)The court investigator has discretion to release the report required by this section to the public conservator, interested public agencies, and the long-term care ombudsman.
(c)The report required by this section is confidential and shall be made available only to parties, persons described in paragraph (12) of subdivision (a), persons given notice of the petition who have requested this report or who have appeared in the proceedings, their attorneys, and the court. The court has discretion at any other time to release the report, if it would serve the interests of the conservatee. The clerk of the court shall provide for the limitation of the report exclusively to persons entitled to its receipt.
(d)This section does not apply to a proposed conservatee who has personally executed the petition for conservatorship, or a proposed conservatee who has nominated his or her own conservator, if he or she attends the hearing.
(e)If the court investigator has performed an investigation within the preceding six months and furnished a report thereon to the court, the court may order, upon good cause shown, that another investigation is not necessary or that a more limited investigation may be performed.
(f)An investigation by the court investigator related to a temporary conservatorship also may be a part of the investigation for the general petition for conservatorship, but the court investigator shall make a second visit to the proposed conservatee and the report required by this section shall include the effect of the temporary conservatorship on the proposed conservatee.
(g)The Judicial Council shall, on or before January 1, 2009, adopt rules of court and Judicial Council forms as necessary to implement an expedited procedure to authorize, by court order, a proposed conservatees health care provider to disclose confidential medical information about the proposed conservatee to a court investigator pursuant to federal medical information privacy regulations promulgated under the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191).
(h)A superior court shall not be required to perform any duties imposed pursuant to the amendments to this section enacted by Chapter 493 of the Statutes of 2006 until the Legislature makes an appropriation identified for this purpose.
SEC. 36.Section 1827.5 of the Probate Code is amended to read:1827.5.(a)In the case of any proceeding to establish a limited conservatorship for a person with developmental disabilities, within 30 days after the filing of a petition for limited conservatorship, a proposed limited conservatee, with his or her consent, shall be assessed at a regional center as provided in Chapter 5 (commencing with Section 4620) of Division 4.5 of the Welfare and Institutions Code. The regional center shall submit a written report of its findings and recommendations to the court.
(b)In the case of any proceeding to establish a general conservatorship for a person with developmental disabilities, the regional center, with the consent of the proposed conservatee, may prepare an assessment as provided in Chapter 5 (commencing with Section 4620) of Division 4.5 of the Welfare and Institutions Code. If an assessment is prepared, the regional center shall submit its findings and recommendations to the court.
(c)A (1)A report prepared under subdivision (a) or (b) shall include a description of the specific areas, nature, and degree of disability of the proposed conservatee or proposed limited conservatee. The findings and recommendations of the regional center are not binding upon the court.
In(2)In a proceeding where the petitioner is a provider of board and care, treatment, habilitation, or other services to persons with developmental disabilities or a spouse or employee of a provider, is not the natural parent of the proposed conservatee or proposed limited conservatee, and is not a public entity, the regional center shall include a recommendation in its report concerning the suitability of the petitioners to meet the needs of the proposed conservatee or proposed limited conservatee.
(d)At least five days before the hearing on the petition, the regional center shall mail deliver pursuant to Section 1215 a copy of the report referred to described in subdivision (a) to all of the following:
(1)The proposed limited conservatee.
(2)The attorney, if any, for the proposed limited conservatee.
(3)If the petitioner is not the proposed limited conservatee, the attorney for the petitioner or the petitioner if the petitioner does not have an attorney.
(4)Such Any other persons as the court orders.
(e)The report referred to in subdivisions (a) and (b) shall be confidential and shall be made available only to parties listed in subdivision (d) unless the court, in its discretion, determines that the release of the report would serve the interests of the conservatee who is developmentally disabled. The clerk of the court shall make provision for limiting limit disclosure of the report exclusively to persons entitled thereto under this section.
SEC. 37.Section 1830 of the Probate Code is amended to read:1830.(a)The order appointing the conservator shall contain, among other things, the names, addresses, and telephone numbers of:
(1)The conservator.
(2)The conservatees attorney, if any.
(3)The court investigator, if any.
(b)In the case of a limited conservator for a developmentally disabled adult, any order the court may make issues shall include the findings of the court specified in Section 1828.5. The order shall specify the powers granted to and duties imposed upon the limited conservator, which powers and duties may shall not exceed the powers and duties applicable to a conservator under this code. The order shall also specify all of the following:
(1)The properties of the limited conservatee to which the limited conservator is entitled to possession and management, giving a description of the properties that will be sufficient to identify them.
(2)The debts, rentals, wages, or other claims due to the limited conservatee which the limited conservator is entitled to collect, or file suit with respect to, if necessary, and thereafter to possess and manage.
(3)The contractual or other obligations which the limited conservator may incur on behalf of the limited conservatee.
(4)The claims against the limited conservatee which the limited conservator may pay, compromise, or defend, if necessary.
(5)Any other powers, limitations, or duties with respect to the care of the limited conservatee or the management of the property specified in this subdivision by the limited conservator which the court shall specifically and expressly grant.
(c) An information notice of the rights of conservatees shall be attached to the order. The conservator shall mail deliver pursuant to Section 1215 the order and the attached information notice to the conservatee and the conservatees relatives, as set forth in subdivision (b) of Section 1821, within 30 days of the issuance of the order. By January 1, 2008, the Judicial Council shall develop the notice required by this subdivision.
SEC. 38.Section 1842 of the Probate Code is amended to read:1842.In addition to the persons and entities to whom notice of hearing is required under Section 1822 or 2002, if the proposed conservatee is an absentee, a copy of the petition and notice of the time and place of the hearing shall be mailed delivered pursuant to Section 1215 at least 15 days before the hearing to the secretary concerned or to the head of the United States department or agency concerned, as the case may be. In such that case, notice shall also be published pursuant to Section 6061 of the Government Code in a newspaper of general circulation in the county in which the hearing will be held.
SEC. 39.Section 1847 of the Probate Code is amended to read:1847.In addition to the persons and entities to whom notice of hearing is required under Section 1822 or 2002, if the proposed conservatee is a person who is missing and whose whereabouts is unknown:
(a)A copy of the petition for appointment of a conservator and notice of the time and place of the hearing on the petition shall be mailed delivered pursuant to Section 1215 at least 15 days before the hearing to the proposed conservatee at the last known address of the proposed conservatee.
(b)Notice of the time and place of the hearing shall also be published pursuant to Section 6061 of the Government Code in a newspaper of general circulation in the county in which the proposed conservatee was last known to reside if the proposed conservatees last known address is in this state.
(c)Pursuant to Section 1202, the court may require that further or additional notice of the hearing be given.
SEC. 40.Section 1851 of the Probate Code is amended to read:1851.(a)(1)If court review is required pursuant to Section 1850, the court investigator shall, without prior notice to the conservator except as ordered by the court for necessity or to prevent harm to the conservatee, visit the conservatee. The court investigator shall inform the conservatee personally that the conservatee is under a conservatorship and shall give the name of the conservator to the conservatee. The court investigator shall determine all of the following:
(A)If the conservatee wishes to petition the court for termination of the conservatorship.
(B)If the conservatee is still in need of the conservatorship.
(C)If the conservator is acting in the best interests of the conservatee. In determining if the conservator is acting in the best interests of the conservatee, the court investigators evaluation shall include an examination of the conservatees placement, the quality of care, including physical and mental treatment, and the conservatees finances. To the extent practicable, the investigator shall review the accounting with a conservatee who has sufficient capacity. To the greatest extent possible, the court investigator shall interview individuals set forth in paragraph (1) of subdivision (a) of Section 1826, in order to determine if the conservator is acting in the best interests of the conservatee.
(D)(i)If the conservatee is incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process and may be disqualified from voting pursuant to Section 2208 or 2209 of the Elections Code.
(ii)The conservatee shall not be disqualified from voting on the basis that he or she does, or would need to do, any of the following to complete an affidavit of voter registration:
(I)Signs the affidavit of voter registration with a mark or a cross pursuant to subdivision (b) of Section 2150 of the Elections Code.
(II)Signs the affidavit of voter registration by means of a signature stamp pursuant to Section 354.5 of the Elections Code.
(III)Completes the affidavit of voter registration with the assistance of another person pursuant to subdivision (d) of Section 2150 of the Elections Code.
(IV)Completes the affidavit of voter registration with reasonable accommodations.
(2)If the court has made an order under Chapter 4 (commencing with Section 1870), the court investigator shall determine if the present condition of the conservatee is such that the terms of the order should be modified or the order revoked.
(3)Upon request of the court investigator, the conservator shall make available to the court investigator during the investigation for inspection and copying all books and records, including receipts and any expenditures, of the conservatorship.
(b)(1)The findings of the court investigator, including the facts upon which the findings are based, shall be certified in writing to the court not less than 15 days before the date of review. A copy of the report shall be mailed delivered pursuant to Section 1215 to the conservator and to the attorneys of record for the conservator and conservatee at the same time it is certified to the court. A copy of the report, modified as set forth in paragraph (2), also shall be mailed delivered pursuant to Section 1215 to the conservatees spouse or registered domestic partner, the conservatees relatives in the first degree, and if there are no such relatives, to the next closest relative, unless the court determines that the mailing delivery will harm the conservatee.
(2)Confidential medical information and confidential information from the California Law Enforcement Telecommunications System shall be in a separate attachment to the report and shall not be provided in copies sent to the conservatees spouse or registered domestic partner, the conservatees relatives in the first degree, and if there are no such relatives, to the next closest relative.
(c)In the case of a limited conservatee, the court investigator shall recommend continuing or terminating the limited conservatorship.
(d)The court investigator may personally visit the conservator and other persons as may be necessary to determine if the conservator is acting in the best interests of the conservatee.
(e)The report required by this section shall be confidential and shall be made available only to parties, persons described in subdivision (b), persons given notice of the petition who have requested the report or who have appeared in the proceeding, their attorneys, and the court. The court shall have discretion at any other time to release the report if it would serve the interests of the conservatee. The clerk of the court shall limit disclosure of the report exclusively to persons entitled to the report under this section.
(f)A superior court is not required to perform any duties imposed pursuant to the amendments to this section enacted by Chapter 493 of the Statutes of 2006 until the Legislature makes an appropriation identified for this purpose.
SEC. 41.Section 2214 of the Probate Code is amended to read:2214.Notice of the hearing shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1. In addition, the petitioner shall mail deliver pursuant to Section 1215 a notice of the time and place of the hearing and a copy of the petition to all persons required to be listed in the petition at least 15 days before the date set for the hearing.
SEC. 42.Section 2250 of the Probate Code is amended to read:2250.(a)On or after the filing of a petition for appointment of a guardian or conservator, any person entitled to petition for appointment of the guardian or conservator may file a petition for appointment of:
(1)A temporary guardian of the person or estate, or both.
(2)A temporary conservator of the person or estate, or both.
(b)The petition shall state facts which that establish good cause for appointment of the temporary guardian or temporary conservator. The court, upon that petition or other showing as it may require, may appoint a temporary guardian of the person or estate, or both, or a temporary conservator of the person or estate, or both, to serve pending the final determination of the court upon the petition for the appointment of the guardian or conservator.
(c)If the petitioner, proposed guardian, or proposed conservator is a professional fiduciary, as described in Section 2340, who is required to be licensed under the Professional Fiduciaries Act (Chapter 6 (commencing with Section 6500) of Division 3 of the Business and Professions Code), the petition for appointment of a temporary guardian or temporary conservator shall include the following:
(1)The petitioners, proposed guardians, or proposed conservators proposed hourly fee schedule or another statement of his or her proposed compensation from the estate of the proposed ward or proposed conservatee for services performed as a guardian or conservator. The petitioners, proposed guardians, or proposed conservators provision of a proposed hourly fee schedule or another statement of his or her proposed compensation, as required by this paragraph, shall not preclude a court from later reducing the petitioners, proposed guardians, or proposed conservators fees or other compensation.
(2)Unless a petition for appointment of a guardian or conservator that contains the statements required by this paragraph is filed together with a petition for appointment of a temporary guardian or temporary conservator, both of the following:
(A)A statement of the petitioners, proposed guardians, or proposed conservators registration or license information.
(B)A statement explaining who engaged the petitioner, proposed guardian, or proposed conservator or how the petitioner, proposed guardian, or proposed conservator was engaged to file the petition for appointment of a temporary guardian or temporary conservator or to agree to accept the appointment as temporary guardian or temporary conservator and what prior relationship the petitioner, proposed guardian, or proposed conservator had with the proposed ward or proposed conservatee or the proposed wards or proposed conservatees family or friends.
(d)If the petition is filed by a party other than the proposed conservatee, the petition shall include a declaration of due diligence showing both of the following:
(1)Either the efforts to find the proposed conservatees relatives named in the petition for appointment of a general conservator or why it was not feasible to contact any of them.
(2)Either the preferences of the proposed conservatee concerning the appointment of a temporary conservator and the appointment of the proposed temporary conservator or why it was not feasible to ascertain those preferences.
(e)Unless the court for good cause otherwise orders, at least five court days before the hearing on the petition, notice of the hearing shall be given as follows:
(1)Notice of the hearing shall be personally delivered to the proposed ward if he or she is 12 years of age or older, to the parent or parents of the proposed ward, and to any person having a valid visitation order with the proposed ward that was effective at the time of the filing of the petition. Notice of the hearing shall not be delivered to the proposed ward if he or she is under 12 years of age. In a proceeding for temporary guardianship of the person, evidence that a custodial parent has died or become incapacitated, and that the petitioner or proposed guardian is the nominee of the custodial parent, may constitute good cause for the court to order that this notice not be delivered.
(2)Notice of the hearing shall be personally delivered to the proposed conservatee, and notice of the hearing shall be served delivered pursuant to Section 1215 on the persons required to be named in the petition for appointment of conservator. If the petition states that the petitioner and the proposed conservator have no prior relationship with the proposed conservatee and has not been nominated by a family member, friend, or other person with a relationship to the proposed conservatee, notice of hearing shall be served delivered pursuant to Section 1215 on the public guardian of the county in which the petition is filed.
(3)A copy of the petition for temporary appointment shall be served delivered pursuant to Section 1215 with the notice of hearing.
(f)If a temporary guardianship is granted ex parte and the hearing on the general guardianship petition is not to be held within 30 days of the granting of the temporary guardianship, the court shall set a hearing within 30 days to reconsider the temporary guardianship. Notice of the hearing for reconsideration of the temporary guardianship shall be provided pursuant to Section 1511, except that the court may for good cause shorten the time for the notice of the hearing.
(g)Visitation orders with the proposed ward granted prior to before the filing of a petition for temporary guardianship shall remain in effect, unless for good cause the court orders otherwise.
(h)(1)If a temporary conservatorship is granted ex parte, and a petition to terminate the temporary conservatorship is filed more than 15 days before the first hearing on the general petition for appointment of conservator, the court shall set a hearing within 15 days of the filing of the petition for termination of the temporary conservatorship to reconsider the temporary conservatorship. Unless the court otherwise orders, notice of the hearing on the petition to terminate the temporary conservatorship shall be given at least 10 days prior to before the hearing.
(2)If a petition to terminate the temporary conservatorship is filed within 15 days before the first hearing on the general petition for appointment of conservator, the court shall set the hearing at the same time that the hearing on the general petition is set. Unless the court otherwise orders, notice of the hearing on the petition to terminate the temporary conservatorship pursuant to this section shall be given at least five court days prior to before the hearing.
(i)If the court suspends powers of the guardian or conservator under Section 2334 or 2654 or under any other provision of this division, the court may appoint a temporary guardian or conservator to exercise those powers until the powers are restored to the guardian or conservator or a new guardian or conservator is appointed.
(j)If for any reason a vacancy occurs in the office of guardian or conservator, the court, on a petition filed under subdivision (a) or on its own motion, may appoint a temporary guardian or conservator to exercise the powers of the guardian or conservator until a new guardian or conservator is appointed.
(k)On or before January 1, 2008, the Judicial Council shall adopt a rule of court that establishes uniform standards for good cause exceptions to the notice required by subdivision (e), limiting those exceptions to only cases when waiver of the notice is essential to protect the proposed conservatee or ward, or the estate of the proposed conservatee or ward, from substantial harm.
(l)A superior court shall not be required to perform any duties imposed pursuant to the amendments to this section enacted by Chapter 493 of the Statutes 2006 until the Legislature makes an appropriation identified for this purpose.
SEC. 43.Section 2352 of the Probate Code is amended to read:2352.(a)The guardian may establish the residence of the ward at any place within this state without the permission of the court. The guardian shall select the least restrictive appropriate residence that is available and necessary to meet the needs of the ward, and that is in the best interests of the ward.
(b)The conservator may establish the residence of the conservatee at any place within this state without the permission of the court. The conservator shall select the least restrictive appropriate residence, as described in Section 2352.5, that is available and necessary to meet the needs of the conservatee, and that is in the best interests of the conservatee.
(c)If permission of the court is first obtained, a guardian or conservator may establish the residence of a ward or conservatee at a place not within this state. Notice of the hearing on the petition to establish the residence of the ward or conservatee out of state, together with a copy of the petition, shall be given in the manner required by subdivision (a) of Section 1460 to all persons entitled to notice under subdivision (b) of Section 1511 or subdivision (b) of Section 1822.
(d)(1)An order under subdivision (c) relating to a ward shall require the guardian either to return the ward to this state, or to cause a guardianship proceeding or its equivalent to be commenced in the place of the new residence, when the ward has resided in the place of new residence for a period of four months or a longer or shorter period specified in the order.
(2)An order under subdivision (c) relating to a conservatee shall require the conservator to do one of the following when the conservatee has resided in the other state for a period of four months or a longer or shorter period specified in the order:
(A)Return the conservatee to this state.
(B)Petition for transfer of the conservatorship to the other state under Article 3 (commencing with Section 2001) of Chapter 8 of Part 3 and corresponding law of the other state.
(C)Cause a conservatorship proceeding or its equivalent to be commenced in the other state.
(e)(1)The guardian or conservator shall file a notice of change of residence with the court within 30 days of the date of the change. The guardian or conservator shall include in the notice of change of residence a declaration stating that the wards or conservatees change of residence is consistent with the standard described in subdivision (b).
(2)The guardian or conservator shall mail deliver pursuant to Section 1215 a copy of the notice to all persons entitled to notice under subdivision (b) of Section 1511 or subdivision (b) of Section 1822 and shall file proof of service delivery of the notice with the court. The court may, for good cause, waive the mailing delivery requirement pursuant to this paragraph in order to prevent harm to the conservatee or ward.
(3)If the guardian or conservator proposes to remove the ward or conservatee from his or her personal residence, except as provided by subdivision (c), the guardian or conservator shall mail deliver pursuant to Section 1215 a notice of his or her intention to change the residence of the ward or conservatee to all persons entitled to notice under subdivision (b) of Section 1511 and subdivision (b) of Section 1822. In the absence of an emergency, that notice shall be mailed delivered at least 15 days before the proposed removal of the ward or conservatee from his or her personal residence. If the notice is served delivered less than 15 days prior to before the proposed removal of the ward or conservatee, the guardian or conservator shall set forth the basis for the emergency in the notice. The guardian or conservator shall file proof of service delivery of that notice with the court.
(f)This section does not apply where the court has made an order under Section 2351 pursuant to which the conservatee retains the right to establish his or her own residence.
(g)As used in this section, guardian or conservator includes a proposed guardian or proposed conservator and ward or conservatee includes a proposed ward or proposed conservatee.
(h)This section does not apply to a person with developmental disabilities for whom the Director of Developmental Services or a regional center, established pursuant to Chapter 5 (commencing with Section 4620) of Division 4.5 of the Welfare and Institutions Code, acts as the conservator.
SEC. 44.Section 2357 of the Probate Code is amended to read:2357.(a)As used in this section:
(1)Guardian or conservator includes a temporary guardian of the person or a temporary conservator of the person.
(2)Ward or conservatee includes a person for whom a temporary guardian of the person or temporary conservator of the person has been appointed.
(b)If the ward or conservatee requires medical treatment for an existing or continuing medical condition which is not authorized to be performed upon the ward or conservatee under Section 2252, 2353, 2354, or 2355, and the ward or conservatee is unable to give an informed consent to this medical treatment, the guardian or conservator may petition the court under this section for an order authorizing the medical treatment and authorizing the guardian or conservator to consent on behalf of the ward or conservatee to the medical treatment.
(c)The petition shall state, or set forth by medical affidavit attached thereto, all of the following so far as is known to the petitioner at the time the petition is filed:
(1)The nature of the medical condition of the ward or conservatee which requires treatment.
(2)The recommended course of medical treatment which is considered to be medically appropriate.
(3)The threat to the health of the ward or conservatee if authorization to consent to the recommended course of treatment is delayed or denied by the court.
(4)The predictable or probable outcome of the recommended course of treatment.
(5)The medically available alternatives, if any, to the course of treatment recommended.
(6)The efforts made to obtain an informed consent from the ward or conservatee.
(7)The name and addresses, so far as they are known to the petitioner, of the persons specified in subdivision (c) of Section 1510 in a guardianship proceeding or subdivision (b) of Section 1821 in a conservatorship proceeding.
(d)Upon the filing of the petition, unless an attorney is already appointed the court shall appoint the public defender or private counsel under Section 1471, to consult with and represent the ward or conservatee at the hearing on the petition and, if that appointment is made, Section 1472 applies.
(e)Notice of the petition shall be given as follows:
(1)Not less than 15 days before the hearing, notice of the time and place of the hearing, and a copy of the petition shall be personally served on the ward, if 12 years of age or older, or the conservatee, and on the attorney for the ward or conservatee.
(2)Not less than 15 days before the hearing, notice of the time and place of the hearing, and a copy of the petition shall be mailed delivered pursuant to Section 1215 to the following persons:
(A)The spouse or domestic partner, if any, of the proposed conservatee at the address stated in the petition.
(B)The relatives named in the petition at their addresses stated in the petition.
(f)For good cause, the court may shorten or waive notice of the hearing as provided by this section. In determining the period of notice to be required, the court shall take into account both of the following:
(1)The existing medical facts and circumstances set forth in the petition or in a medical affidavit attached to the petition or in a medical affidavit presented to the court.
(2)The desirability, where the condition of the ward or conservatee permits, of giving adequate notice to all interested persons.
(g)Notwithstanding subdivisions (e) and (f), the matter may be submitted for the determination of the court upon proper and sufficient medical affidavits or declarations if the attorney for the petitioner and the attorney for the ward or conservatee so stipulate and further stipulate that there remains no issue of fact to be determined.
(h)The court may make an order authorizing the recommended course of medical treatment of the ward or conservatee and authorizing the guardian or conservator to consent on behalf of the ward or conservatee to the recommended course of medical treatment for the ward or conservatee if the court determines from the evidence all of the following:
(1)The existing or continuing medical condition of the ward or conservatee requires the recommended course of medical treatment.
(2)If untreated, there is a probability that the condition will become life-endangering or result in a serious threat to the physical or mental health of the ward or conservatee.
(3)The ward or conservatee is unable to give an informed consent to the recommended course of treatment.
(i)Upon petition of the ward or conservatee or other interested person, the court may order that the guardian or conservator obtain or consent to, or obtain and consent to, specified medical treatment to be performed upon the ward or conservatee. Notice of the hearing on the petition under this subdivision shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1.
SEC. 45.Section 2361 of the Probate Code is amended to read:2361.A conservator shall provide notice of a conservatees death by mailing delivering pursuant to Section 1215 a copy of the notice to all persons entitled to notice under Section 1460 and by filing a proof of service delivery with the court, unless otherwise ordered by the court.
SEC. 46.Section 2610 of the Probate Code is amended to read:2610.(a)Within 90 days after appointment, or within any further time as the court for reasonable cause upon ex parte petition of the guardian or conservator may allow, the guardian or conservator shall file with the clerk of the court and mail deliver pursuant to Section 1215 to the conservatee and to the attorneys of record for the ward or conservatee, along with notice of how to file an objection, an inventory and appraisal of the estate, made as of the date of the appointment of the guardian or conservator. A copy of this inventory and appraisal, along with notice of how to file an objection, also shall be mailed delivered to the conservatees spouse or registered domestic partner, the conservatees relatives in the first degree, and, if there are no such relatives, to the next closest relative, unless the court determines that the mailing delivery will result in harm to the conservatee.
(b)The guardian or conservator shall take and subscribe to an oath that the inventory contains a true statement of all of the estate of the ward or conservatee of which the guardian or conservator has possession or knowledge. The oath shall be endorsed upon or annexed to the inventory.
(c)The property described in the inventory shall be appraised in the manner provided for the inventory and appraisal of estates of decedents. The guardian or conservator may appraise the assets that a personal representative could appraise under Section 8901.
(d)If a conservatorship is initiated pursuant to the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code), and no sale of the estate will occur:
(1)The inventory and appraisal required by subdivision (a) shall be filed within 90 days after appointment of the conservator.
(2)The property described in the inventory may be appraised by the conservator and need not be appraised by a probate referee.
(e)By January 1, 2008, the Judicial Council shall develop a form to effectuate the notice required in subdivision (a).
SEC. 47.Section 2611 of the Probate Code is amended to read:2611.If the ward or conservatee is or has been during the guardianship or conservatorship a patient in a state hospital under the jurisdiction of the State Department of State Hospitals or the State Department of Developmental Services, the guardian or conservator shall mail deliver pursuant to Section 1215 a copy of the inventory and appraisal filed under Section 2610 to the director of the appropriate department at the directors office in Sacramento not later than 15 days after the inventory and appraisal is filed with the court. Compliance with this section is not required if an unrevoked certificate described in subdivision (c) of Section 1461 is on file with the court with respect to the ward or conservatee.
SEC. 48.Section 2612 of the Probate Code is amended to read:2612.If a timely request is made, the clerk of court shall mail deliver pursuant to Section 1215 a copy of the inventory and appraisal filed under Section 2610 to the county assessor.
SEC. 49.Section 2614 of the Probate Code is amended to read:2614.(a)Within 30 days after the inventory and appraisal is filed, the guardian or conservator or any creditor or other interested person may file written objections to any or all appraisals. The clerk shall set the objections for hearing not less than 15 days after their filing.
(b)Notice of the hearing, together with a copy of the objections, shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1. If the appraisal was made by a probate referee, the person objecting shall also mail deliver pursuant to Section 1215 notice of the hearing and a copy of the objection to the probate referee at least 15 days before the time set for the hearing.
(c)The court shall determine the objections and may fix the true value of any asset to which objection has been filed. For the purpose of this subdivision, the court may cause an independent appraisal or appraisals to be made by at least one additional appraiser at the expense of the estate or, if the objecting party is not the guardian or conservator and the objection is rejected by the court, the court may assess the cost of any such additional appraisal or appraisals against the objecting party.
SEC. 50.Section 2683 of the Probate Code is amended to read:2683.(a)At least 15 days before the hearing on the petition for appointment of a successor conservator, notice of the time and place of the hearing shall be given as provided in this section. The notice shall be accompanied by a copy of the petition.
(b)Notice shall be mailed delivered pursuant to Section 1215 to the persons designated in Section 1460 and to the relatives named in the petition.
(c)If notice is required by Section 1461 to be given to the Director of State Hospitals or the Director of Developmental Services, notice shall be mailed delivered pursuant to Section 1215 as so required.
(d)If notice is required by Section 1461.5 to be given to the Veterans Administration, notice shall be mailed delivered pursuant to Section 1215 as so required.
SEC. 51.Section 2684 of the Probate Code is amended to read:2684.Unless the petition states that the conservatee will be present at the hearing, the court investigator shall do all of the following:
(a)Interview the conservatee personally.
(b)Inform the conservatee of the nature of the proceeding to appoint a successor conservator, the name of the person proposed as successor conservator, and the conservatees right to appear personally at the hearing, to object to the person proposed as successor conservator, to nominate a person to be appointed as successor conservator, to be represented by legal counsel if the conservatee so chooses, and to have legal counsel appointed by the court if unable to retain legal counsel.
(c)Determine whether the conservatee objects to the person proposed as successor conservator or prefers another person to be appointed.
(d)If the conservatee is not represented by legal counsel, determine whether the conservatee wishes to be represented by legal counsel and, if so, determine the name of an attorney the conservatee wishes to retain or whether the conservatee desires the court to appoint legal counsel.
(e)Determine whether the appointment of legal counsel would be helpful to the resolution of the matter or is necessary to protect the interests of the conservatee in any case where the conservatee does not plan to retain legal counsel and has not requested the appointment of legal counsel by the court.
(f)Report to the court in writing, at least five days before the hearing, concerning all of the foregoing, including the conservatees express communications concerning representation by legal counsel and whether the conservatee objects to the person proposed as successor conservator or prefers that some other person be appointed.
(g)Mail, Deliver pursuant to Section 1215, at least five days before the hearing, a copy of the report referred to in subdivision (f) to all of the following:
(1)The attorney, if any, for the petitioner.
(2)The attorney, if any, for the conservatee.
(3)Such Any other persons as the court orders.
SEC. 52.Section 2700 of the Probate Code is amended to read:2700.(a)At any time after the issuance of letters of guardianship or conservatorship, the ward, if over 14 years of age or the conservatee, the spouse of the ward or the spouse or domestic partner of the conservatee, any relative or creditor of the ward or conservatee, or any other interested person, in person or by attorney, may file with the court clerk a written request for special notice.
(b)The request for special notice shall be so entitled and shall set forth the name of the person and the address to which notices shall be sent. delivered pursuant to Section 1215.
(c)Special notice may be requested of any one or more of the following matters:
(1)Petitions filed in the guardianship or conservatorship proceeding.
(2)Inventories and appraisals of property in the estate, including any supplemental inventories and appraisals.
(3)Accounts of the guardian or conservator.
(4)Proceedings for the final termination of the guardianship or conservatorship proceeding.
(d)Special notice may be requested of:
(1)Any one or more of the matters in subdivision (c) by describing the matter or matters.
(2)All the matters in subdivision (c) by referring generally to the matters described in subdivision (c) of Section 2700 of the Probate Code or by using words of similar meaning.
(e)A copy of the request shall be personally delivered or mailed delivered pursuant to Section 1215 to the guardian or conservator or to the attorney for the guardian or conservator. If personally delivered, the request is effective when it is delivered. If mailed, mailed or electronically delivered, the request is effective when it is received.
(f)When If the original of the request is filed with the court clerk, it shall be accompanied by a written admission or proof of service.
SEC. 53.Section 2702 of the Probate Code is amended to read:2702.(a) Unless the court makes an order dispensing with the notice, if a request has been made pursuant to this chapter for special notice of a hearing, the person filing the petition, account, or other paper shall give written notice pursuant to Section 1215 of the filing, together with a copy of the petition, account, or other paper, and the time and place set for the hearing, by mail to the person named in the request at the address set forth in the request, at least 15 days before the time set for the hearing.
(b)If a request has been made pursuant to this chapter for special notice of the filing of an inventory and appraisal of the estate or of the filing of any other paper that does not require a hearing, the inventory and appraisal or other paper shall be mailed delivered pursuant to Section 1215 not later than 15 days after the inventory and appraisal or other paper is filed with the court.
SEC. 54.Section 2804 of the Probate Code is amended to read:2804.At least 30 days before the hearing, the petitioner shall mail deliver pursuant to Section 1215 a notice of the time and place of the hearing and a copy of the petition to each person required to be listed in the petition at the address stated in the petition.
SEC. 55.Section 2808 of the Probate Code is amended to read:2808.(a)If the courts order provides for the transfer of all of the property of the estate to the foreign guardian or conservator, the court, upon settlement of the final account, shall order the guardianship of the estate or the conservatorship of the estate terminated upon the filing with the clerk of the court of a receipt for the property executed by the foreign guardian or conservator.
(b)Unless notice is waived, a copy of the final account of the guardian or conservator and of the petition for discharge, together with a notice of the hearing thereon, hearing, shall be mailed delivered pursuant to Section 1215 at least 30 days before the date of the hearing to all persons required to be listed in the petition for transfer, including the foreign guardian or conservator.
SEC. 56.Section 3088 of the Probate Code is amended to read:3088.(a)The court may order the spouse who has the management or control of community property to apply the income or principal, or both, of the community property to the support and maintenance of the conservatee, including care, treatment, and support of a conservatee who is a patient in a state hospital under the jurisdiction of the State Department of State Hospitals or the State Department of Developmental Services, as ordered by the court.
(b)In determining the amount ordered for support and maintenance, the court shall consider the following circumstances of the spouses:
(1)The earning capacity and needs of each spouse.
(2)The obligations and assets, including the separate property, of each spouse.
(3)The duration of the marriage.
(4)The age and health of the spouses.
(5)The standard of living of the spouses.
(6)Any other relevant factors which it considers just and equitable.
(c)At the request of any interested person, the court shall make appropriate findings with respect to the circumstances.
(d)The court may order the spouse who has the management or control of community property to make a specified monthly or other periodic payment to the conservator of the person of the conservatee or to any other person designated in the order. The court may order the spouse required to make the periodic payments to give reasonable security therefor.
(e)(1)The court may order the spouse required to make the periodic payments to assign, to the person designated in the order to receive the payments, that portion of the earnings of the spouse due or to be due in the future as will be sufficient to pay the amount ordered by the court for the support and maintenance of the conservatee. The order operates as an assignment and is binding upon any existing or future employer upon whom a copy of the order is served. The order shall be in the form of an earnings assignment order for support prescribed by the Judicial Council for use in family law proceedings. The employer may deduct the sum of one dollar and fifty cents ($1.50) for each payment made pursuant to the order. Any such assignment made pursuant to court order shall have priority as against any execution or other assignment unless otherwise ordered by the court or unless the other assignment is made pursuant to Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the Family Code. No An employer shall not use any assignment authorized by this subdivision as grounds for the dismissal of that employee.
(2)As used in this subdivision, employer includes the United States government and any public entity as defined in Section 811.2 of the Government Code. This subdivision applies to the money and benefits described in Sections 704.110 and 704.113 of the Code of Civil Procedure to the extent that those moneys and benefits are subject to a wage assignment for support under Chapter 4 (commencing with Section 703.010) of Division 2 of Title 9 of Part 2 of the Code of Civil Procedure.
(f)The court retains jurisdiction to modify or to vacate an order made under this section where justice requires, except as to any amount that may have accrued prior to before the date of the filing of the petition to modify or revoke the order. At the request of any interested person, the order of modification or revocation shall include findings of fact and may be made retroactive to the date of the filing of the petition to revoke or modify, or to any date subsequent thereto. At least 15 days before the hearing on the petition to modify or vacate the order, the petitioner shall mail deliver pursuant to Section 1215 a notice of the time and place of the hearing on the petition, accompanied by a copy of the petition, to the spouse who has the management or control of the community property. Notice shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1 to any other persons entitled to notice of the hearing under that chapter.
(g)In a proceeding for dissolution of the marriage or for legal separation, the court has jurisdiction to modify or vacate an order made under this section to the same extent as it may modify or vacate an order made in the proceeding for dissolution of the marriage or for legal separation.
SEC. 57.Section 3131 of the Probate Code is amended to read:3131.(a)At least 15 days before the hearing on the petition, the petitioner shall cause a notice of the time and place of the hearing and a copy of the petition to be served upon any nonpetitioning spouse not alleged to lack legal capacity for the proposed transaction.
(b)Service under subdivision (a) shall be made in the manner provided in Section 415.10 or 415.30 of the Code of Civil Procedure or in such other manner as may be authorized by the court. If the person to be served is outside this state, service may also be made in the manner provided in Section 415.40 of the Code of Civil Procedure.
(c)At least 15 days before the hearing on the petition, the petitioner shall mail deliver pursuant to Section 1215 a notice of the time and place of the hearing on the petition to those persons required to be named in the petition at the addresses set forth in the petition.
SEC. 58.Section 3206 of the Probate Code is amended to read:3206.(a)Not less than 15 days before the hearing, notice of the time and place of the hearing and a copy of the petition shall be personally served on the patient, the patients attorney, and the agent under the patients power of attorney for health care, if any.
(b)Not less than 15 days before the hearing, notice of the time and place of the hearing and a copy of the petition shall be mailed delivered pursuant to Section 1215 to the following persons:
(1)The patients spouse, if any, at the address stated in the petition.
(2)The patients relatives named in the petition at their addresses stated in the petition.
(c)For good cause, the court may shorten or waive notice of the hearing as provided by this section. In determining the period of notice to be required, the court shall take into account both of the following:
(1)The existing medical facts and circumstances set forth in the petition or in a medical declaration attached to the petition or in a medical declaration presented to the court.
(2)The desirability, where the condition of the patient permits, of giving adequate notice to all interested persons.
SEC. 59.Section 3602 of the Probate Code is amended to read:3602.(a)If there is no guardianship of the estate of the minor or conservatorship of the estate of the person with a disability, the remaining balance of the money and other property, after payment of all expenses, costs, and fees as approved and allowed by the court under Section 3601, shall be paid, delivered, deposited, or invested as provided in Article 2 (commencing with Section 3610).
(b)Except as provided in subdivisions (c) and (d), if there is a guardianship of the estate of the minor or conservatorship of the estate of the person with a disability, the remaining balance of the money and other property, after payment of all expenses, costs, and fees as approved and allowed by the court under Section 3601, shall be paid or delivered to the guardian or conservator of the estate. Upon application of the guardian or conservator, the court making the order or giving the judgment referred to in Section 3600 or the court in which the guardianship or conservatorship proceeding is pending may, with or without notice, make an order that all or part of the money paid or to be paid to the guardian or conservator under this subdivision be deposited or invested as provided in Section 2456.
(c)Upon ex parte petition of the guardian or conservator or upon petition of any person interested in the guardianship or conservatorship estate, the court making the order or giving the judgment referred to in Section 3600 may for good cause shown order one or more of the following:
(1)That all or part of the remaining balance of money not become a part of the guardianship or conservatorship estate and instead be deposited in an insured account in a financial institution in this state, or in a single-premium deferred annuity, subject to withdrawal only upon authorization of the court.
(2)If there is a guardianship of the estate of the minor, that all or part of the remaining balance of money and other property not become a part of the guardianship estate and instead be transferred to a custodian for the benefit of the minor under the California Uniform Transfers to Minors Act, Part 9 (commencing with Section 3900).
(3)That all or part of the remaining balance of money and other property not become a part of the guardianship estate and, instead, be transferred to the trustee of a trust which is either created by, or approved of, in the order or judgment described in Section 3600. This trust shall be revocable by the minor upon attaining 18 years of age, and shall contain other terms and conditions, including, but not limited to, terms and conditions concerning trustees accounts and trustees bond, as the court determines to be necessary to protect the minors interests.
(d)Upon petition of the guardian, conservator, or any person interested in the guardianship or conservatorship estate, the court making the order or giving the judgment referred to in Section 3600 may order that all or part of the remaining balance of money not become a part of the guardianship or conservatorship estate and instead be paid to a special needs trust established under Section 3604 for the benefit of the minor or person with a disability.
(e)If the petition is by a person other than the guardian or conservator, notice of hearing on a petition under subdivision (c) shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1.
(f)Notice of the time and place of hearing on a petition under subdivision (d), and a copy of the petition, shall be mailed delivered pursuant to Section 1215 to the State Director of Health Care Services, the Director of State Hospitals, and the Director of Developmental Services at the office of each director in Sacramento at least 15 days before the hearing.
SEC. 60.Section 3704 of the Probate Code is amended to read:3704.(a)Notice of the nature of the proceedings and the time and place of the hearing shall be given by the petitioner at least 15 days before the hearing date by all of the following means:
(1)By mail, delivery pursuant to Section 1215, together with a copy of the petition, to all persons comprising the family of the absentee.
(2)By delivery by a method that would be sufficient for service of summons in a civil action, together with a copy of the petition, to the secretary concerned or to the head of the United States department or agency concerned.
(3)By publication pursuant to Section 6061 of the Government Code in a newspaper of general circulation in the county in which the proceedings will be held.
(b)Whenever If notice to an officer or agency of this state or of the United States would be is required under Section 1461 or Section 1822 upon petition for appointment of a conservator, like notice shall be given of the petition under this chapter.
SEC. 61.Section 3801 of the Probate Code is amended to read:3801.(a)The petition shall be made upon 15 days notice, by mail or personal delivery, delivery pursuant to Section 1215, to all of the following persons:
(1)The personal representative or other person in whose possession the property may be.
(2)Persons in this state, known to the petitioner, who are obligated to pay a debt, perform an obligation, or issue a security to the nonresident or the estate of the nonresident.
(b)The petition shall be made upon such additional notice, if any, as the court may order.
SEC. 62.Section 3918 of the Probate Code is amended to read:3918.(a)A person nominated under Section 3903 or designated under Section 3909 as custodian may decline to serve by delivering a valid disclaimer under Part 8 (commencing with Section 260) of Division 2 to the person who made the nomination or to the transferor or the transferors legal representative. If the event giving rise to a transfer has not occurred and no substitute custodian able, willing, and eligible to serve was nominated under Section 3903, the person who made the nomination may nominate a substitute custodian under Section 3903; otherwise the transferor or the transferors legal representative shall designate a substitute custodian at the time of the transfer, in either case from among the persons eligible to serve as custodian for that kind of property under subdivision (a) of Section 3909. The custodian so designated has the rights of a successor custodian.
(b)A custodian at any time may designate a trust company or an adult other than a transferor under Section 3904 as successor custodian by executing and dating an instrument of designation before a subscribing witness other than the successor. If the instrument of designation does not contain or is not accompanied by the resignation of the custodian, the designation of the successor does not take effect until the custodian resigns, dies, becomes incapacitated, or is removed. The transferor may designate one or more persons as successor custodians to serve, in the designated order of priority, in case the custodian originally designated or a prior successor custodian is unable, declines, or is ineligible to serve or resigns, dies, becomes incapacitated, or is removed. The designation either (1) shall be made in the same transaction and by the same document by which the transfer is made or (2) shall be made by executing and dating a separate instrument of designation before a subscribing witness other than a successor as a part of the same transaction and contemporaneously with the execution of the document by which the transfer is made. The designation is made by setting forth the successor custodians name, followed in substance by the words: is designated [first, second, etc., where applicable] successor custodian. A successor custodian designated by the transferor may be a trust company or an adult other than a transferor under Section 3904. A successor custodian effectively designated by the transferor has priority over a successor custodian designated by a custodian.
(c)A custodian may resign at any time by delivering written notice to the minor if the minor has attained the age of 14 years and to the successor custodian and by delivering the custodial property to the successor custodian.
(d)If the transferor has not effectively designated a successor custodian, and a custodian is ineligible, dies, or becomes incapacitated without having effectively designated a successor and the minor has attained the age of 14 years, the minor may designate as successor custodian, in the manner prescribed in subdivision (b), an adult member of the minors family, a conservator of the minor, or a trust company. If the minor has not attained the age of 14 years or fails to act within 60 days after the ineligibility, death, or incapacity, the conservator of the minor becomes successor custodian. If the minor has no conservator or the conservator declines to act, the transferor, the legal representative of the transferor or of the custodian, an adult member of the minors family, or any other interested person may petition the court to designate a successor custodian.
(e)A custodian who declines to serve under subdivision (a) or resigns under subdivision (c), or the legal representative of a deceased or incapacitated custodian, as soon as practicable, shall put the custodial property and records in the possession and control of the successor custodian. The successor custodian by action may enforce the obligation to deliver custodial property and records and becomes responsible for each item as received.
(f)A transferor, the legal representative of a transferor, an adult member of the minors family, a guardian of the person of the minor, the conservator of the minor, or the minor if the minor has attained the age of 14 years, may petition the court to remove the custodian for cause and to designate a successor custodian other than a transferor under Section 3904 or to require the custodian to give appropriate bond.
(g)At least 15 days before the hearing on a petition under subdivision (d) or (f), the petitioner shall serve deliver notice by mail or personal delivery on pursuant to Section 1215 to each of the following persons:
(1)The minor.
(2)The parent or parents of the minor.
(3)The transferor.
(h)Upon consideration of the petition under subdivision (d) or (f), the court may grant the relief that the court finds to be in the best interests of the minor.
SEC. 63.Section 8100 of the Probate Code is amended to read:8100.The notice of hearing of a petition for administration of a decedents estate, whether served delivered under Article 2 (commencing with Section 8110) or published under Article 3 (commencing with Section 8120), shall state substantially as follows:
NOTICE OF PETITION TO ADMINISTER |
To all heirs, beneficiaries, creditors, and contingent creditors of _________ and persons who may be otherwise interested in the will or estate, or both: A petition has been filed by _________ in the Superior Court of California, County of _________, requesting that _________ be appointed as personal representative to administer the estate of _________ [and for probate of the decedents will, which is available for examination in the court file]. [The petition requests authority to administer the estate under the Independent Administration of Estates Act. This will avoid the need to obtain court approval for many actions taken in connection with the estate. However, before taking certain actions, the personal representative will be required to give notice to interested persons unless they have waived notice or have consented to the proposed action. The petition will be granted unless good cause is shown why it should not be.] |
The petition is set for hearing in Dept. No. |
at(Address) on (Date of hearing)at(Time of hearing) . |
IF YOU OBJECT to the granting of the petition, you should appear at the hearing and state your objections or file written objections with the court before the hearing. Your appearance may be in person or by your attorney.
IF YOU ARE A CREDITOR or a contingent creditor of the deceased, you must file your claim with the court and mail a copy to the personal representative appointed by the court within the later of either (1) four months from the date of first issuance of letters to a general personal representative, as defined in subdivision (b) of Section 58 of the California Probate Code, or (2) 60 days from the date of mailing or personal delivery of the notice to you under Section 9052 of the California Probate Code.
YOU MAY EXAMINE the file kept by the court. If you are interested in the estate, you may request special notice of the filing of an inventory and appraisal of estate assets or of any petition or account as provided in Section 1250 of the California Probate Code.
(Name and address of petitioner or petitioners attorney) |
At least 15 days before the hearing of a petition for administration of a decedents estate, the petitioner shall serve deliver notice of the hearing by mail or personal delivery pursuant to Section 1215 on all of the following persons:
(a)Each heir of the decedent, so far as known to or reasonably ascertainable by the petitioner.
(b)Each devisee, executor, and alternative executor named in any will being offered for probate, regardless of whether the devise or appointment is purportedly revoked in a subsequent instrument.
SEC. 65.Section 8111 of the Probate Code is amended to read:8111.If the decedents will involves or may involve a testamentary trust of property for charitable purposes other than a charitable trust with a designated trustee resident in this state, or involves or may involve a devise for charitable purposes without an identified devisee, notice of hearing accompanied by a copy of the petition and of the will shall be served on delivered pursuant to Section 1215 to the Attorney General as provided in Section 1209.
SEC. 66.Section 8200 of the Probate Code is amended to read:8200.(a)Unless a petition for probate of the will is earlier filed, the custodian of a will shall, within 30 days after having knowledge of the death of the testator, do both of the following:
(1)Deliver the will will, personally or by registered or certified mail, to the clerk of the superior court of the county in which the estate of the decedent may be administered.
(2)Mail Deliver a copy of the will pursuant to Section 1215 to the person named in the will as executor, if the persons whereabouts is known to the custodian, or if not, to a person named in the will as a beneficiary, if the persons whereabouts is known to the custodian.
(b)A custodian of a will who fails to comply with the requirements of this section shall be liable for all damages sustained by any person injured by the failure.
(c)The clerk shall release a copy of a will delivered under this section for attachment to a petition for probate of the will or otherwise on receipt of payment of the required fee and either a court order for production of the will or a certified copy of a death certificate of the decedent.
(d)The fee for delivering a will to the clerk of the superior court pursuant to paragraph (1) of subdivision (a) shall be as provided in Section 70626 of the Government Code. If an estate is commenced for the decedent named in the will, the fee for any will delivered pursuant to paragraph (1) of subdivision (a) shall be reimbursable from the estate as an expense of administration.
SEC. 67.Section 8203 of the Probate Code is amended to read:8203.If a will has been delivered to the clerk of the superior court in a county in which no proceeding is pending to administer the testators estate, that court may order the will transferred to the clerk of the superior court in a county in which such a proceeding is pending. A petition for the transfer may be presented and heard without notice, but shall not be granted without proof that a copy of the petition has been mailed delivered pursuant to Section 1215 to the petitioner and any persons who have requested special notice in the proceeding in the court to which the will is to be transferred. The petition and order shall include the case number of the proceeding in the court to which transfer is prayed. Certified copies of the petition, any supporting documents, and the order shall be transmitted by the clerk along with the original will, and these copies shall be filed in the proceeding by the clerk of the recipient court.
SEC. 68.Section 8469 of the Probate Code is amended to read:8469.(a)For good cause, the court may allow the priority given by Section 8461 to a conservator or guardian of the estate of the decedent serving in that capacity at the time of death that has not filed a first account, or that is acting as guardian or conservator for another person, or both.
(b)If the petition for appointment as administrator requests the court to allow the priority permitted by subdivision (a), the petitioner shall, in addition to the notice otherwise required by statute, serve deliver notice of the hearing by mail or personal delivery on pursuant to Section 1215 to the public administrator.
SEC. 69.Section 8522 of the Probate Code is amended to read:8522.(a)If a vacancy occurs in the office of a personal representative and there are no other personal representatives, the court shall appoint a successor personal representative.
(b)Appointment of a successor personal representative shall be made on petition and service of notice on shall be delivered to interested persons in the manner provided in Article 2 (commencing with Section 8110) of Chapter 2, and shall be subject to the same priority as for an original appointment of a personal representative. The personal representative of a deceased personal representative is not, as such, entitled to appointment as successor personal representative.
SEC. 70.Section 8803 of the Probate Code is amended to read:8803.On the filing of an inventory and appraisal or a supplemental inventory and appraisal, the personal representative shall, pursuant to Section 1252, mail deliver a copy to each person who has requested special notice.
SEC. 71.Section 8903 of the Probate Code is amended to read:8903.(a)The court may, for good cause, waive appraisal by a probate referee in the manner provided in this section.
(b)The personal representative may apply for a waiver together with the petition for appointment of the personal representative or together with another petition, or may apply for a waiver in a separate petition filed in the administration proceedings, but the application may shall not be made later than the time the personal representative delivers the inventory to the probate referee, if a probate referee has been designated. A copy of the proposed inventory and appraisal and a statement that sets forth the good cause that justifies the waiver shall be attached to the petition.
(c)The hearing on the waiver shall be not sooner than 15 days after the petition is filed. Notice of the hearing on the petition, together with a copy of the petition and a copy of the proposed inventory and appraisal, shall be given as provided in Section Sections 1215 and 1220 to all of the following persons:
(1)Each person listed in Section 1220.
(2)Each known heir whose interest in the estate would be affected by the waiver.
(3)Each known devisee whose interest in the estate would be affected by the waiver.
(4)The Attorney General, at the office of the Attorney General in Sacramento, if any portion of the estate is to escheat to the state and its interest in the estate would be affected by the waiver.
(5)The probate referee, if a probate referee has been designated.
(d)A probate referee to whom notice is given under this section may oppose the waiver. If the opposition fails and the court determines the opposition was made without substantial justification, the court shall award litigation expenses, including reasonable attorneys fees, against the probate referee. If the opposition succeeds, the court may designate a different probate referee to appraise property in the estate.
(e)If the petition is granted, the inventory and appraisal attached to the petition shall be filed pursuant to Section 8800.
SEC. 72.Section 8906 of the Probate Code is amended to read:8906.(a)At any time before the hearing on the petition for final distribution of the estate, the personal representative or an interested person may file with the court a written objection to the appraisal.
(b)The clerk shall fix a time, not less than 15 days after the filing, for a hearing on the objection.
(c)The person objecting shall give notice of the hearing, together with a copy of the objection, as provided in Section 1220. If the appraisal was made by a probate referee, the person objecting shall also mail deliver notice of the hearing and a copy of the objection to the probate referee at least 15 days before the date set for the hearing.
(d)The person objecting to the appraisal has the burden of proof.
(e)Upon completion of the hearing, the court may make any orders that appear appropriate. If the court determines the objection was filed without reasonable cause or good faith, the court may order that the fees of the personal representative and attorney and any costs incurred for defending the appraisal be made a charge against the person filing the objection.
SEC. 73.Section 8924 of the Probate Code is amended to read:8924.(a)The court shall remove the designated probate referee in any of the following circumstances:
(1)The personal representative shows cause, including incompetence or undue delay in making the appraisal, that in the opinion of the court warrants removal of the probate referee. The showing shall be made at a hearing on petition of the personal representative. The personal representative shall mail deliver pursuant to Section 1215 notice of the hearing on the petition to the probate referee at least 15 days before the date set for the hearing.
(2)The personal representative has the right to remove the first probate referee who is designated by the court. No cause Cause need not be shown for removal under this paragraph. The personal representative may exercise the right at any time before the personal representative delivers the inventory to the probate referee. The personal representative shall exercise the right by filing an affidavit or declaration under penalty of perjury with the court and mailing delivering a copy to the probate referee. referee pursuant to Section 1215. Thereupon, the court shall remove the probate referee without any further act or proof.
(3)Any other cause provided by statute.
(b)Upon removal of the probate referee, the court shall designate another probate referee in the manner prescribed in Section 8920.
SEC. 74.Section 9052 of the Probate Code is amended to read:9052.The notice shall be in substantially the following form:
NOTICE OF ADMINISTRATION OF | |
Notice to creditors: Administration of the estate of _________ (deceased) has been commenced by _________ (personal representative) in Estate No. _________ in the Superior Court of California, County of _________. You must file your claim with the court and mail or deliver a copy pursuant to Section 1215 of the California Probate Code to the personal representative within the last to occur of four months after _________ (the date letters were first issued to a general personal representative, as defined in subdivision (b) of Section 58 of the California Probate Code), or 60 days after the date this notice was mailed to you or, in the case of personal delivery, 60 days after the date this notice was delivered to you,, or you must petition to file a late claim as provided in Section 9103 of the California Probate Code. Failure to file a claim with the court and serve a copy of the claim on the personal representative will, in most instances, invalidate your claim. A claim form may be obtained from the court clerk. For your protection, you are encouraged to file your claim by certified mail, with return receipt requested. | |
(Date of mailing this notice) | (Name and address of personal |
A claim form adopted by the Judicial Council shall inform the creditor that the claim must be filed with the court and a copy mailed or delivered pursuant to Section 1215 to the personal representative. The claim form shall include a proof of mailing or delivery of a copy of the claim to the personal representative, which may be completed by the creditor.
SEC. 76.Section 9732 of the Probate Code is amended to read:9732.(a)The court may order that money of the estate in possession of the personal representative be invested in any manner provided by the will if all of the following conditions are satisfied:
(1)The time for filing claims has expired.
(2)All debts (as debts, as defined in Section 11401) 11401, have been paid or are sufficiently secured by mortgage or otherwise, or there is sufficient cash in the estate aside from the money to be invested to pay all the debts, or the court is otherwise satisfied that all the debts will be paid.
(3)The estate is not in a condition to be finally distributed.
(b)To obtain an order under this section, the personal representative or any interested person shall file a petition showing the general condition of the estate and the types of investments that are proposed to be made.
(c)Notice of the hearing on the petition shall be given delivered as provided in Section 1220. In addition, the petitioner shall cause notice of the hearing and a copy of the petition to be mailed delivered pursuant to Section 1215 to all known devisees of property which is proposed to be invested. Where the property proposed to be invested is devised to a trust or trustee, notice of the hearing and a copy of the petition shall be mailed delivered pursuant to Section 1215 to the trustee or, if the trustee has not yet accepted the trust, to the person named in the will as trustee. Mailing Delivery pursuant to this subdivision shall be to the persons last known address as provided in Section 1220.
(d)If no objection has been filed by an interested person, the court may make an order authorizing or directing the personal representative to invest such portion of the money of the estate as the court deems advisable in the types of investments proposed in the petition and authorized by the will. If there is no objection by an interested person and no substantial reason why some or all of the investment powers given by the will should not be exercised, the court shall make the order. The order may be for a limited period or until the administration of the estate is completed. Upon petition of the personal representative or any interested person, the order may be renewed, modified, or terminated at any time.
SEC. 77.Section 9762 of the Probate Code is amended to read:9762.(a)After authorization by order of court upon a showing that it would be to the advantage of the estate and in the best interest of the interested persons, the personal representative may continue as a general or a limited partner in any partnership in which the decedent was a general partner at the time of death. In its order, the court may specify any terms and conditions of the personal representatives participation as a partner that the court determines are to the advantage of the estate and in the best interest of the interested persons, but any terms and conditions that are inconsistent with the terms of any written partnership agreement are subject to the written consent of all of the surviving partners.
(b)If there is a written partnership agreement permitting the decedents personal representative to participate as a partner, the personal representative has all the rights, powers, duties, and obligations provided in the written partnership agreement, except as otherwise ordered by the court pursuant to subdivision (a).
(c)If there is not a written partnership agreement, the personal representative has the rights, powers, duties, and obligations that the court specifies in its order pursuant to subdivision (a).
(d)To obtain an order under this section, the personal representative or any interested person shall file a petition showing that the order requested would be to the advantage of the estate and in the best interest of the interested persons. Notice of the hearing on the petition shall be given as provided in Section 1220. In addition, unless the court otherwise orders, the petitioner, not less than 15 days before the hearing, shall cause notice of hearing and a copy of the petition to be mailed delivered pursuant to Section 1215 to each of the surviving general partners at his or her last known address.
SEC. 78.Section 9783 of the Probate Code is amended to read:9783.A person described in Section 9782 may personally deliver or mail a written objection to the disposition or abandonment to the personal representative on or before the date specified in the notice as the date on or after which the property will be disposed of or abandoned. Subject to Section 9788, after receipt of the written objection, the personal representative shall not dispose of or abandon the property without authorization by order of the court obtained under Section 9611.
SEC. 79.Section 9787 of the Probate Code is amended to read:9787.(a)Except as provided in subdivision (b), a person described in Section 9782 who receives notice of the proposed disposition or abandonment as provided in Section 9782, waives the right to have the court later review the disposition or abandonment of the property unless the person does one of the following:
(1)Delivers Personally delivers or mails a written objection as provided in Section 9783.
(2)Serves a restraining order obtained under Section 9784 before whichever of the following is the later time:
(A)The date specified in the notice of proposed disposition or abandonment as the date on or after which the property will be disposed of or abandoned.
(B)The date the property has actually been disposed of or abandoned.
(b)Subject to Section 9785, the court may review the disposition or abandonment of the property upon the motion of a person described in subdivision (a) of Section 9782 who establishes that he or she did not actually receive notice of the proposed disposition or abandonment before the time to object expired.
SEC. 80.Section 10585 of the Probate Code is amended to read:10585.(a)The notice of proposed action shall state all of the following:
(1)The name and name, mailing address address, and electronic address of the personal representative.
(2)The person and name, telephone number to call to get number, and electronic address of a person who may be contacted for additional information.
(3)The action proposed to be taken, with a reasonably specific description of the action. Where If the proposed action involves the sale or exchange of real property, or the granting of an option to purchase real property, the notice of proposed action shall state the material terms of the transaction, including, if applicable, the sale price and the amount of, or method of calculating, any commission or compensation paid or to be paid to an agent or broker in connection with the transaction.
(4)The date on or after which the proposed action is to be taken.
(b)The notice of proposed action may be given using the most current Notice of Proposed Action form prescribed by the Judicial Council.
(c)If the most current form prescribed by the Judicial Council is not used to give notice of proposed action, the notice of proposed action shall satisfy all of the following requirements:
(1)The notice of proposed action shall be in substantially the same form as the form prescribed by the Judicial Council.
(2)The notice of proposed action shall contain the statements described in subdivision (a).
(3)The notice of proposed action shall contain a form for objecting to the proposed action in substantially the form set out in the Judicial Council form.
SEC. 81.Section 10586 of the Probate Code is amended to read:10586.The notice of proposed action shall be mailed or personally delivered pursuant to Section 1215 to each person required to be given notice of proposed action not less than 15 days before the date specified in the notice of proposed action on or after which the proposed action is to be taken. If mailed, the notice of proposed action shall be addressed to the person at the persons last known address. Sections 1215 and 1216 apply to the mailing or delivery of the notice of proposed action.
SEC. 82.Section 10587 of the Probate Code is amended to read:10587.(a)Any person entitled to notice of proposed action under Section 10581 may object to the proposed action as provided in this section.
(b)The objection to the proposed action is made by delivering or mailing pursuant to Section 1215 a written objection to the proposed action to the personal representative at the address stated in the notice of proposed action. The person objecting to the proposed action either may use the Judicial Council form or may make the objection in any other writing that identifies the proposed action with reasonable certainty and indicates that the person objects to the taking of the proposed action.
(c)The personal representative is deemed to have notice of the objection to the proposed action if it is delivered or received at the address stated in the notice of proposed action before whichever of the following times is the later:
(1)The date specified in the notice of proposed action on or after which the proposed action is to be taken.
(2)The date the proposed action is actually taken.
SEC. 83.Section 11601 of the Probate Code is amended to read:11601.Notice of the hearing on the petition shall be given as provided in Section 1220 to all of the following persons:
(a)Each person listed in Section 1220.
(b)Each known heir whose interest in the estate would be affected by the petition.
(c)Each known devisee whose interest in the estate would be affected by the petition.
(d)The Attorney General, at the office of the Attorney General in Sacramento, if any portion of the estate is to escheat to the state and its interest in the estate would be affected by the petition.
(e)The Controller, if property is to be distributed to the state because there is no known beneficiary or if property is to be distributed to a beneficiary whose whereabouts is unknown. A copy of the latest account filed with the court shall be served on delivered to the Controller with the notice.
SEC. 84.Section 13200 of the Probate Code is amended to read:13200.(a)No sooner than six months from the death of a decedent, a person or persons claiming as successor of the decedent to a particular item of property that is real property may file in the superior court in the county in which the decedent was domiciled at the time of death, or if the decedent was not domiciled in this state at the time of death, then in any county in which real property of the decedent is located, an affidavit in the form prescribed by the Judicial Council pursuant to Section 1001 stating all of the following:
(1)The name of the decedent.
(2)The date and place of the decedents death.
(3)A legal description of the real property and the interest of the decedent therein.
(4)The name and address of each person serving as guardian or conservator of the estate of the decedent at the time of the decedents death, so far as known to the affiant.
(5)The gross value of all real property in the decedents estate located in California, as shown by the inventory and appraisal attached to this affidavit, excluding the real property described in Section 13050 of the California Probate Code, does not exceed fifty thousand dollars ($50,000).
(6)At least six months have elapsed since the death of the decedent as shown in a certified copy of decedents death certificate attached to this affidavit.
(7)Either of the following, as appropriate:
(A)No proceeding is now being or has been conducted in California for administration of the decedents estate.
(B)The decedents personal representative has consented in writing to use of the procedure provided by this chapter.
(8)Funeral expenses, expenses of last illness, and all unsecured debts of the decedent have been paid.
(9)The affiant is the successor of the decedent (as defined in Section 13006 of the Probate Code) and to the decedents interest in the described property, and no other person has a superior right to the interest of the decedent in the described property.
(10)The affiant declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
(b)For each person executing the affidavit, the affidavit shall contain a notary publics certificate of acknowledgment identifying the person.
(c)There shall be attached to the affidavit an inventory and appraisal of the decedents real property in this state, excluding the real property described in Section 13050. The inventory and appraisal of the real property shall be made as provided in Part 3 (commencing with Section 8800) of Division 7. The appraisal shall be made by a probate referee selected by the affiant from those probate referees appointed by the Controller under Section 400 to appraise property in the county where the real property is located.
(d)If the affiant claims under the decedents will and no estate proceeding is pending or has been conducted in California, a copy of the will shall be attached to the affidavit.
(e)A certified copy of the decedents death certificate shall be attached to the affidavit. If the decedents personal representative has consented to the use of the procedure provided by this chapter, a copy of the consent and of the personal representatives letters shall be attached to the affidavit.
(f)The affiant shall mail deliver pursuant to Section 1215 a copy of the affidavit and attachments to any person identified in paragraph (4) of subdivision (a).
SEC. 85.Section 13655 of the Probate Code is amended to read:13655.(a)If proceedings for the administration of the estate of the deceased spouse are pending at the time a petition is filed under this chapter, or if the proceedings are not pending and if the petition filed under this chapter is not filed with a petition for probate of the deceased spouses will or for administration of the estate of the deceased spouse, notice of the hearing on the petition filed under this chapter shall be given as provided in Section 1220 to all of the following persons:
(1)Each person listed in Section 1220 and each person named as executor in any will of the deceased spouse.
(2)All devisees and known heirs of the deceased spouse and, if the petitioner is the trustee of a trust that is a devisee under the will of the decedent, all persons interested in the trust, as determined in cases of future interests pursuant to paragraph (1), (2), or (3) of subdivision (a) of Section 15804.
(b)The notice specified in subdivision (a) shall also be mailed delivered as provided in subdivision (a) to the Attorney General, addressed to the office of the Attorney General at Sacramento, if the petitioner bases the allegation that all or part of the estate of the deceased spouse is property passing to the surviving spouse upon the will of the deceased spouse and the will involves or may involve either of the following:
(1)A testamentary trust of property for charitable purposes other than a charitable trust with a designated trustee, resident in this state.
(2)A devise for a charitable purpose without an identified devisee or beneficiary.
SEC. 86.Section 15686 of the Probate Code is amended to read:15686.(a)As used in this section, trustees fee includes, but is not limited to, the trustees periodic base fee, rate of percentage compensation, minimum fee, hourly rate, and transaction charge, but does not include fees for extraordinary services.
(b)A trustee may shall not charge an increased trustees fee for administration of a particular trust unless the trustee first gives at least 60 days written notice of that increased fee to all of the following persons:
(1)Each beneficiary who is entitled to an account under Section 16062.
(2)Each beneficiary who was given the last preceding account.
(3)Each beneficiary who has made a written request to the trustee for notice of an increased trustees fee and has given an address for receiving notice by mail. notice.
(c)If a beneficiary files a petition under Section 17200 for review of the increased trustees fee or for removal of the trustee and serves a copy of the petition on the trustee before the expiration of the 60-day period, the increased trustees fee does not take effect as to that trust until otherwise ordered by the court or the petition is dismissed.
SEC. 87.Section 16061.7 of the Probate Code is amended to read:16061.7.(a)A trustee shall serve a notification by the trustee as described in this section in the following events:
(1)When a revocable trust or any portion thereof becomes irrevocable because of the death of one or more of the settlors of the trust, or because, by the express terms of the trust, the trust becomes irrevocable within one year of the death of a settlor because of a contingency related to the death of one or more of the settlors of the trust.
(2)Whenever there is a change of trustee of an irrevocable trust.
(3)Whenever a power of appointment retained by a settlor is effective or lapses upon death of the settlor with respect to an inter vivos trust which was, or was purported to be, irrevocable upon its creation. This paragraph shall not apply to a charitable remainder trust. For purposes of this paragraph, charitable remainder trust means a charitable remainder annuity trust or charitable remainder unitrust as defined in Section 664(d) of the Internal Revenue Code.
(4)The duty to serve the notification by the trustee pursuant to this subdivision is the duty of the continuing or successor trustee, and any one cotrustee may serve the notification.
(b)The notification by the trustee required by subdivision (a) shall be served on each of the following:
(1)Each beneficiary of the irrevocable trust or irrevocable portion of the trust, subject to the limitations of Section 15804.
(2)Each heir of the deceased settlor, if the event that requires notification is the death of a settlor or irrevocability within one year of the death of the settlor of the trust by the express terms of the trust because of a contingency related to the death of a settlor.
(3)If the trust is a charitable trust subject to the supervision of the Attorney General, to the Attorney General.
(c)A trustee shall, for purposes of this section, rely upon any final judicial determination of heirship, known to the trustee, but the trustee shall have discretion to make a good faith determination by any reasonable means of the heirs of a deceased settlor in the absence of a final judicial determination of heirship known to the trustee.
(d)The trustee need not provide a copy of the notification by trustee to any beneficiary or heir (1) known to the trustee but who cannot be located by the trustee after reasonable diligence or (2) unknown to the trustee.
(e)The notification by trustee shall be served by mail any of the methods described in Section 1215 to the last known address, pursuant to Section 1215, or by personal delivery. address.
(f)The notification by trustee shall be served not later than 60 days following the occurrence of the event requiring service of the notification by trustee, or 60 days after the trustee became aware of the existence of a person entitled to receive notification by trustee, if that person was not known to the trustee on the occurrence of the event requiring service of the notification. If there is a vacancy in the office of the trustee on the date of the occurrence of the event requiring service of the notification by trustee, or if that event causes a vacancy, then the 60-day period for service of the notification by trustee commences on the date the new trustee commences to serve as trustee.
(g)The notification by trustee shall contain the following information:
(1)The identity of the settlor or settlors of the trust and the date of execution of the trust instrument.
(2)The name, mailing address address, and telephone number of each trustee of the trust.
(3)The address of the physical location where the principal place of administration of the trust is located, pursuant to Section 17002.
(4)Any additional information that may be expressly required by the terms of the trust instrument.
(5)A notification that the recipient is entitled, upon reasonable request to the trustee, to receive from the trustee a true and complete copy of the terms of the trust.
(h)If the notification by the trustee is served because a revocable trust or any portion of it has become irrevocable because of the death of one or more settlors of the trust, or because, by the express terms of the trust, the trust becomes irrevocable within one year of the death of a settlor because of a contingency related to the death of one or more of the settlors of the trust, the notification by the trustee shall also include a warning, set out in a separate paragraph in not less than 10-point boldface type, or a reasonable equivalent thereof, that states as follows:
You may not bring an action to contest the trust more than 120 days from the date this notification by the trustee is served upon you or 60 days from the date on which a copy of the terms of the trust is mailed or personally delivered to you during that 120-day period, whichever is later.
(i)Any waiver by a settlor of the requirement of serving the notification by trustee required by this section is against public policy and shall be void.
(j)A trustee may serve a notification by trustee in the form required by this section on any person in addition to those on whom the notification by trustee is required to be served. A trustee is not liable to any person for serving or for not serving the notice on any person in addition to those on whom the notice is required to be served. A trustee is not required to serve a notification by trustee if the event that otherwise requires service of the notification by trustee occurs before January 1, 1998.
SEC. 88.Section 16061.8 of the Probate Code is amended to read:16061.8.No person upon whom the notification by the trustee is served pursuant to this chapter, whether the notice is served on him or her within or after the time period set forth in subdivision (f) of Section 16061.7, may bring an action to contest the trust more than 120 days from the date the notification by the trustee is served upon him or her, or 60 days from the day on which a copy of the terms of the trust is mailed or personally delivered pursuant to Section 1215 to him or her during that 120-day period, whichever is later.
SEC. 89.Section 16061.9 of the Probate Code is amended to read:16061.9.(a)A trustee who fails to serve the notification by trustee as required by Section 16061.7 on a beneficiary shall be responsible for all damages, attorneys fees, and costs caused by the failure unless the trustee makes a reasonably diligent effort to comply with that section.
(b)A trustee who fails to serve the notification by trustee as required by Section 16061.7 on an heir who is not a beneficiary and whose identity is known to the trustee shall be responsible for all damages caused to the heir by the failure unless the trustee shows that the trustee made a reasonably diligent effort to comply with that section. For purposes of this subdivision, reasonably diligent effort means that the trustee has sent delivered notice by first-class mail pursuant to Section 1215 to the heir at the heirs last mailing address actually known to the trustee.
(c)A trustee, in exercising discretion with respect to the timing and nature of distributions of trust assets, may consider the fact that the period in which a beneficiary or heir could bring an action to contest the trust has not expired.
SEC. 90.Section 16336.6 of the Probate Code is amended to read:16336.6.Unless expressly prohibited by the governing instrument, a trustee may reconvert the trust from a unitrust or change the payout percentage of a unitrust.
(a)The trustee may make the reconversion or change in payout percentage without a court order if all of the following conditions are satisfied:
(1)At least three years have elapsed since the most recent conversion to a unitrust.
(2)The trustee determines that reconversion or change in payout percentage would enable the trustee to better comply with the provisions of subdivision (b) of Section 16335.
(3)One of the following notice requirements is satisfied:
(A)In the case of a proposed reconversion, the trustee gives written notice of the trustees intention to convert that complies with the requirements of Chapter 5 (commencing with Section 16500) and no beneficiary objects to the proposed action in a writing delivered pursuant to Section 1215 to the trustee within the period prescribed by subdivision (d) of Section 16502. The trustees notice shall include the information described in subdivision paragraphs (3) and (4) of subdivision (c) of Section 16336.4.
(B)In the case of a proposed change in payout percentage, the trustee gives written notice stating the new payout percentage that the trustee proposes to adopt, which notice shall comply with the requirements of Chapter 5 (commencing with Section 16500), and no beneficiary objects to the proposed action in a writing delivered pursuant to Section 1215 to the trustee within the period prescribed by subdivision (d) of Section 16502.
(b)The trustee may make the reconversion or change in payout percentage at any time pursuant to court order provided that: (1) the court determines that reconversion or change in payout percentage will enable the trustee to better comply with the provisions of subdivision (b) of Section 16335, and (2) in the case of a change in payout percentage, the new payout percentage is at least 3 percent and no greater than 5 percent. The court may enter an order pursuant to this subdivision upon the petition of the trustee or any beneficiary.
SEC. 91.Section 16501 of the Probate Code is amended to read:16501.(a)The trustee who elects to provide notice pursuant to this chapter shall mail deliver notice pursuant to Section 1215 of the proposed action to each of the following:
(1)A beneficiary who is receiving, or is entitled to receive, income under the trust, including a beneficiary who is entitled to receive income at the discretion of the trustee.
(2)A beneficiary who would receive a distribution of principal if the trust were terminated at the time the notice is given.
(b)Notice of proposed action is not required to be given to a person who consents in writing to the proposed action. The consent may be executed at any time before or after the proposed action is taken.
(c)A trustee is not required to provide a copy of the notice of proposed action to a beneficiary who is known to the trustee but who cannot be located by the trustee after reasonable diligence or who is unknown to the trustee.
(d)Notwithstanding any other provision of this chapter, the trustee may not use a notice of proposed action in any of the following actions:
(1)Allowance of the trustees compensation.
(2)Allowance of compensation of the attorney for the trustee.
(3)Settlement of accounts.
(4)Discharge of the trustee.
(5)Sale of property of the trust to the trustee or to the attorney for the trustee.
(6)Exchange of property of the trust for property of the trustee or for property of the attorney for the trustee.
(7)Grant of an option to purchase property of the trust to the trustee or to the attorney for the trustee.
(8)Allowance, payment, or compromise of a claim of the trustee, or the attorney for the trustee, against the trust.
(9)Compromise or settlement of a claim, action, or proceeding by the trust against the trustee or against the attorney for the trust.
(10)Extension, renewal, or modification of the terms of a debt or other obligation of the trustee, or the attorney for the trustee, owing to or in favor of the trust.
SEC. 92.Section 16502 of the Probate Code is amended to read:16502.The notice of proposed action shall state that it is given pursuant to this section and shall include all of the following:
(a)The name and name, mailing address address, and electronic address of the trustee.
(b)The name and name, telephone number number, and electronic address of a person who may be contacted for additional information.
(c)A description of the action proposed to be taken and an explanation of the reasons for the action.
(d)The time within which objections to the proposed action can be made, which shall be at least 45 days from the mailing delivery or receipt of the notice of proposed action.
(e)The date on or after which the proposed action may be taken or is effective.
SEC. 93.Section 16503 of the Probate Code is amended to read:16503.(a)A beneficiary may object to the proposed action by mailing delivering a written objection pursuant to Section 1215 to the trustee at the address stated in the notice of proposed action within the time period specified in the notice of proposed action.
(b)A trustee is not liable to a beneficiary for an action regarding a matter governed by this part if the trustee does not receive a written objection to the proposed action from a beneficiary within the applicable period and the other requirements of this section are satisfied. If no beneficiary entitled to notice objects under this section, the trustee is not liable to any current or future beneficiary with respect to the proposed action. This subdivision does not apply to a person who is a minor or an incompetent adult at the time of receiving the notice of proposed action unless the notice is served on a guardian or conservator of the estate of the person.
(c)If the trustee receives a written objection within the applicable period, either the trustee or a beneficiary may petition the court to have the proposed action taken as proposed, taken with modifications, or denied. In the proceeding, a beneficiary objecting to the proposed action has the burden of proving that the trustees proposed action should not be taken. A beneficiary who has not objected is not estopped from opposing the proposed action in the proceeding.
(d)If the trustee decides not to implement the proposed action, the trustee shall notify the beneficiaries of the decision not to take the action and the reasons for the decision, and the trustees decision not to implement the proposed action does not itself give rise to liability to any current or future beneficiary. A beneficiary may petition the court to have the action taken, and has the burden of proving that it should be taken.
SEC. 94.Section 17203 of the Probate Code is amended to read:17203.(a)At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of hearing to be mailed delivered pursuant to Section 1215 to all of the following persons:
(1)All trustees.
(2)All beneficiaries, subject to Chapter 2 (commencing with Section 15800) of Part 3.
(3)The Attorney General, if the petition relates to a charitable trust subject to the jurisdiction of the Attorney General.
(b)At least 30 days before the time set for hearing on the petition, the petitioner shall cause notice of the hearing and a copy of the petition to be served in the manner provided in Chapter 4 (commencing with Section 413.10) of Title 5 of Part 2 of the Code of Civil Procedure on any person, other than a trustee or beneficiary, whose right, title, or interest would be affected by the petition and who does not receive notice pursuant to subdivision (a). The court may not shorten the time for giving notice under this subdivision.
(c)If a person to whom notice otherwise would be given has been deceased for at least 40 days, and no personal representative has been appointed for the estate of that person, and the deceased persons right, title, or interest has not passed to any other person pursuant to Division 8 (commencing with Section 13000) or otherwise, notice may instead be given to the following persons:
(1)Each heir and devisee of the decedent, and all persons named as executors of the will of the decedent, so far as known to the petitioner.
(2)Each person serving as guardian or conservator of the decedent at the time of the decedents death, so far as known to the petitioner.
SEC. 95.Section 17204 of the Probate Code is amended to read:17204.(a)If proceedings involving a trust are pending, a beneficiary of the trust may, in person or by attorney, file with the court clerk where the proceedings are pending a written request stating that the beneficiary desires special notice of the filing of petitions in the proceeding relating to any or all of the purposes described in Section 17200 and giving an address for receiving notice by mail. A copy of the request shall be personally delivered or mailed pursuant to Section 1215 to the trustee or the trustees attorney. If personally delivered, the request is shall be effective when it is delivered. If mailed, mailed or electronically delivered, the request is shall be effective when it is received. When the original of the request is filed with the court clerk, it shall be accompanied by a written admission or proof of service. A request for special notice may be modified or withdrawn in the same manner as provided for the making of the initial request.
(b)(1)An interested person may request special notice in the same manner as a beneficiary under subdivision (a), for the purpose set forth in paragraph (9) of subdivision (b) of Section 17200. The request for special notice shall be accompanied by a verified statement of the persons interest.
(2)For purposes set forth in paragraphs (2), (4) to (6), inclusive, (8), (12), (16), (20), and (21) of subdivision (b) of Section 17200, an interested person may petition the court for an order for special notice of proceedings involving a trust. The petition shall include a verified statement of the creditors interest and may be served on the trustee or the trustees attorney by personal delivery or in the a manner required by described in Section 1215. The petition may be made by ex parte application.
(3)For purposes of this subdivision, an interested person means only a creditor of a trust or, if the trust has become irrevocable upon the death of a trustor, a creditor of the trustor.
(4)This section does not confer standing on an interested person if standing does not otherwise exist.
(c)Except as provided in subdivision (d), after serving and filing a request and proof of service pursuant to subdivision (a) or paragraph (1) of subdivision (b), the beneficiary or the interested person is entitled to notice pursuant to Section 17203. If the petition of an interested person filed pursuant to paragraph (2) of subdivision (b) is granted by the court, the interested person is entitled to notice pursuant to Section 17203.
(d)A request for special notice made by a beneficiary whose right to notice is restricted by Section 15802 is not effective.
SEC. 96.Section 17205 of the Probate Code is amended to read:17205.If a trustee or beneficiary has served and filed either a notice of appearance, in person or by counsel, directed to the petitioner or the petitioners counsel in connection with a particular petition and proceeding or a written request for a copy of the petition, and has given an address to which notice or a copy of the petition may be mailed or delivered, delivered pursuant to Section 1215, the petitioner shall cause a copy of the petition to be mailed delivered to that person within five days after service of the notice of appearance or receipt of the request.
SEC. 97.Section 17403 of the Probate Code is amended to read:17403.(a)At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of the time and place of the hearing to be mailed delivered pursuant to Section 1215 to each of the persons named in the petition at their respective addresses as stated in the petition.
(b)Any person interested in the trust, as trustee, beneficiary, or otherwise, may appear and file written grounds in opposition to the petition.
SEC. 98.Section 17454 of the Probate Code is amended to read:17454.(a)At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of the time and place of the hearing to be mailed delivered pursuant to Section 1215 to each of the persons named in the petition at their respective addresses as stated in the petition.
(b)Any person interested in the trust, as trustee, beneficiary, or otherwise, may appear and file written grounds in opposition to the petition.
SEC. 99.Section 19011 of the Probate Code is amended to read:19011.(a)The Judicial Council may prescribe the form and contents of the petition, notice, claim form, and allowance or rejection form to be used pursuant to this part. The allowance or rejection form may be part of the claim form.
(b)Any claim form adopted by the Judicial Council shall inform the creditor that the claim must be filed with the court and a copy mailed or delivered pursuant to Section 1215 to the trustee. The claim form shall include a proof of mailing or delivery of a copy of the claim to the trustee, which may be completed by the claimant.
SEC. 100.Section 19024 of the Probate Code is amended to read:19024.At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of the time and place of the hearing, together with a copy of the petition, to be mailed delivered pursuant to Section 1215 to each of the following persons who is not a petitioner:
(a)All trustees of the trust and of any other trusts to which an allocation of liability may be approved by the court pursuant to the petition.
(b)All beneficiaries affected.
(c)The personal representative of the deceased settlors probate estate, if any is known to the trustee.
(d)The Attorney General, if the petition relates to a charitable trust subject to the jurisdiction of the Attorney General, unless the Attorney General waives notice.
SEC. 101.Section 19040 of the Probate Code is amended to read:19040.(a)Publication of notice pursuant to this section shall be for at least 15 days. Three publications in a newspaper published once a week or more often, with at least five days intervening between the first and last publication dates, not counting the first and last publication dates as part of the five-day period, are sufficient. Notice shall be published in a newspaper of general circulation in the city, county, or city and county in this state where the deceased settlor resided at the time of death, or if none, in the city, county, or city and county in this state wherein trust property was located at the time of the settlors death, or if none, in the city, county, or city and county in this state wherein the principal place of administration of the trust was located at the time of the settlors death. If there is no newspaper of general circulation published in the applicable city, county, or city and county, notice shall be published in a newspaper of general circulation published in this state nearest to the applicable city, county, or city and county seat, and which is circulated within the applicable city, county, or city and county. If there is no such newspaper, notice shall be given in written or printed form, posted at three of the most public places within the community. For purposes of this section, city means a charter city as defined in Section 34101 of the Government Code or a general law city as defined in Section 34102 of the Government Code.
(b)The caption of the notice, the deceased settlors name, and the name of the trustee shall be in at least 8-point type, the text of the notice shall be in at least 7-point type, and the notice shall state substantially as follows:
NOTICE TO CREDITORS | |
# ____________ SUPERIOR COURT OF CALIFORNIA COUNTY OF _________ Notice is hereby given to the creditors and contingent creditors of the above-named decedent, that all persons having claims against the decedent are required to file them with the Superior Court, at _______, and mail deliver pursuant to Section 1215 of the California Probate Code a copy to _____, as trustee of the trust dated ____ wherein the decedent was the settlor, at _____, within the later of four months after ____ (the date of the first publication of notice to creditors) or, if notice is mailed or personally delivered to you, 60 days after the date this notice is mailed or personally delivered to you. A claim form may be obtained from the court clerk. For your protection, you are encouraged to file your claim by certified mail, with return receipt requested. | |
(name and address of trustee or attorney) |
(c)An affidavit showing due publication of notice shall be filed with the clerk upon completion of the publication. The affidavit shall contain a copy of the notice, and state the date of its first publication.
SEC. 102.Section 19052 of the Probate Code is amended to read:19052.The notice shall be in substantially the following form:
NOTICE TO CREDITORS
OF _____________
# ____________
SUPERIOR COURT OF CALIFORNIA
COUNTY OF _________
Notice is hereby given to the creditors and contingent creditors of the above-named decedent, that all persons having claims against the decedent are required to file them with the Superior Court, at _______, and mail or deliver pursuant to Section 1215 of the California Probate Code a copy to ______, as trustee of the trust dated _____ wherein the decedent was the settlor, at
_______, within the later of four months after _____ (the date of the first publication of notice to creditors) or, if notice is mailed or personally delivered to you, 60 days after the date this notice is mailed or personally delivered to you, or you must petition to file a late claim as provided in Section 19103 of the Probate Code. A claim form may be obtained from the court clerk. For your protection, you are encouraged to file your claim by certified mail, with return receipt requested.
__________________________
(Date of mailing this
notice if applicable)
___________________________
(name and address of
trustee or attorney)
(a)A claim may be filed by the creditor or a person acting on behalf of the claimant.
(b)A claim shall be filed with the court and a copy shall be mailed delivered to the trustee. trustee pursuant to Section 1215. Failure to mail deliver a copy to the trustee does not invalidate a properly filed claim, but any loss that results from the failure shall be borne by the creditor.
SEC. 104.Section 19153 of the Probate Code is amended to read:19153.The Judicial Council may adopt a claim form which shall inform the creditor that the claim must be filed with the court and a copy mailed or delivered to the trustee. trustee pursuant to Section 1215. Any such claim form shall include a proof of mailing or delivery of a copy of the claim to the trustee which may be completed by the creditor.
SEC. 105.Section 19323 of the Probate Code is amended to read:19323.(a)At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of the time and place of the hearing and a copy of the petition to be served on the surviving spouse in the manner provided in Chapter 4 (commencing with Section 413.10) of Title 5 of Part 2 of the Code of Civil Procedure.
(b)At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of the time and place of hearing, together with a copy of the petition, to be mailed delivered pursuant to Section 1215 to each of the following persons who are not petitioners:
(1)All trustees of the trust and of any trusts to which an allocation of liability may be approved by the court pursuant to the petition.
(2)All beneficiaries affected.
(3)The personal representative of the deceased settlors probate estate, if any is known to the trustee.
(4)The Attorney General, if the petition relates to a charitable trust subject to the jurisdiction of the Attorney General, unless the Attorney General waives notice.
SEC. 106.Section 20122 of the Probate Code is amended to read:20122.Not less than 30 days before the hearing, the petitioner shall do both of the following:
(a)Cause notice of the hearing and a copy of the petition to be mailed delivered pursuant to Section 1215 to the personal representative and to each person interested in the estate against whom prorated amounts may be charged pursuant to paragraph (1) of subdivision (a) of Section 20123.
(b)Cause a summons and a copy of the petition to be served on each person interested in the estate who may be directed to make payment of prorated amounts pursuant to paragraph (2) of subdivision (a) of Section 20123. The summons shall be in the form and shall be served in the manner prescribed in Title 5 (commencing with Section 410.10) of Part 2 of the Code of Civil Procedure.
SEC. 107.Section 20222 of the Probate Code is amended to read:20222.Not less than 30 days before the hearing the petitioner shall do both of the following:
(a)Cause notice of the hearing and a copy of the petition to be mailed delivered pursuant to Section 1215 to the trustee and each transferee against whom prorated amounts may be charged pursuant to paragraph (1) of subdivision (a) of Section 20223.
(b)Cause a summons and a copy of the petition to be served on each transferee who may be directed to make payment of prorated amounts pursuant to paragraph (2) of subdivision (a) of Section 20223. The summons shall be in the form and shall be served in the manner prescribed in Title 5 (commencing with Section 410.10) of Part 2 of the Code of Civil Procedure.
SEC. 108.Section 212.5 is added to the Welfare and Institutions Code, to read:212.5.Unless otherwise provided by law, a document in a juvenile court matter may be filed and served electronically as prescribed by Section 1010.6 of the Code of Civil Procedure, under the following conditions:
(a)Electronic service is authorized only if the county and the court permit electronic service.
(b)Electronic service on a party or other person is permitted only if the party or other person consents to receive service electronically. A party or other person may subsequently withdraw its consent to electronic service. The Judicial Council shall create a form designed to implement this section.
(c)Consent or the withdrawal of consent to receive electronic service may be filed with the court only by a party or other person entitled to service, or that persons attorney.
(d)Electronic service is not permitted on any party or person who is under 16 years of age.
(e)If the party or other person to be served is a minor who is 16 years of age or older, the following apply:
(1)Electronic service shall be permitted only upon consent by the minor and the minors attorney.
(2)Electronic service of psychological or medical documentation related to a minor shall not be permitted.
(f)The party or other person shall be served by electronic means and by other means specified by law if the document to be served is one of the following:
(1)A notice of hearing or an appellate advisement issued pursuant to subparagraph (A) of paragraph (3) of subdivision (l) of Section 366.26 for a hearing at which a social worker is recommending the termination of parental rights.
(2)A citation issued pursuant to Section 661.
(3)A notice of hearing pursuant to subdivision (d) of Section 777.
(g)If the minor is an Indian child or the court has reason to know that an Indian child is involved, service shall be made pursuant to Section 224.2.
(h)Electronic service and electronic filing shall be conducted in a manner that preserves and ensures the confidentiality of records by encryption.
SEC. 109.Section 248 of the Welfare and Institutions Code is amended to read:248.(a)A referee shall hear those cases that are assigned to him or her by the presiding judge of the juvenile court, with the same powers as a judge of the juvenile court, except that a referee shall not conduct any hearing to which the state or federal constitutional prohibitions against double jeopardy apply unless all of the parties thereto stipulate in writing that the referee may act in the capacity of a temporary judge. A referee shall promptly furnish to the presiding judge of the juvenile court and the minor, if the minor is 14 or more years of age or if younger has so requested, and shall serve upon the minors attorney of record and the minors parent or guardian or adult relative and the attorney of record for the minors parent or guardian or adult relative a written copy of his or her findings and order and shall also furnish to the minor, if the minor is 14 or more years of age or if younger has so requested, and to the parent or guardian or adult relative, with the findings and order, a written explanation of the right of those persons to seek review of the order by the juvenile court.
(b)Service, as provided in this section, shall be made as follows:
(1)If a minor, parent, or guardian is present in court at the time the findings and order are made, then the findings and order may be served in court on any minor, parent, or guardian who is present in court on that date and a written explanation of the right to seek review of the order as required pursuant to subdivision (a) shall be furnished at that time.
(2)If paragraph (1) is not applicable, service shall be made by mail, mail or electronic service pursuant to Section 212.5, within the time period specified in Section 248.5, to the last known address of those persons or to the address designated by those persons appearing at the hearing before the referee and the mailing documents served shall include, if applicable, the written explanation of the right to seek review of the order. If the parent or guardian does not have a last known address or electronic service address designated, then service by mail shall be to that party in care of his or her counsel.
SEC. 110.Section 248.5 of the Welfare and Institutions Code is amended to read:248.5.All written findings and orders of the court shall be served by the clerk of the court personally or personally, by first-class mail mail, or by electronic service pursuant to Section 212.5, within three judicial days of their issuance on the petitioner, the minor or the minors counsel, the parent or the parents counsel, and the guardian or the guardians counsel.
SEC. 111.Section 290.1 of the Welfare and Institutions Code, as amended by Section 1 of Chapter 219 of the Statutes of 2015, is amended 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. 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)Notice shall not be served electronically under this section.
(f)(g)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. 112.Section 290.1 of the Welfare and Institutions Code, as added by Section 2 of Chapter 219 of the Statutes of 2015, is repealed.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. 113.Section 290.2 of the Welfare and Institutions Code, as amended by Section 309 of Chapter 86 of the Statutes of 2016, 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)Notice is not 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 subdivision (e), (f), or (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.(3)Notice shall not be served electronically under this section.
(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. 114.Section 290.2 of the Welfare and Institutions Code, as amended by Section 310 of Chapter 86 of the Statutes of 2016, is repealed.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)Notice is not 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. 115.Section 291 of the Welfare and Institutions Code, as amended by Section 60 of Chapter 612 of the Statutes of 2016, 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, nonrelative extended family members, and resource family. 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 before 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 before 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 service, by first-class mail. mail, or by electronic service pursuant to Section 212.5.
(3)If the child is not detained, the persons required to be noticed shall be noticed by personal service or service, by first-class mail, or by electronic service pursuant to Section 212.5, unless the person to be served is known to reside outside the county, in which case service shall be by first-class mail. mail or by electronic service pursuant to Section 212.5.
(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. 116.Section 291 of the Welfare and Institutions Code, as amended by Section 61 of Chapter 612 of the Statutes of 2016, is repealed.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, nonrelative extended family members, and resource family. 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. 117.Section 292 of the Welfare and Institutions Code, as amended by Section 7 of Chapter 219 of the Statutes of 2015, 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, mail with 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. noticed, or by electronic service pursuant to Section 212.5.
(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. 118.Section 292 of the Welfare and Institutions Code, as added by Section 8 of Chapter 219 of the Statutes of 2015, is repealed.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. 119.Section 293 of the Welfare and Institutions Code, as amended by Section 62 of Chapter 612 of the Statutes of 2016, 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, resource family, 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 noticed, 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. service, or by electronic service pursuant to Section 212.5.
(f)Notice to the current caregiver of the child, including a foster parent, a relative caregiver, a preadoptive parent, a nonrelative extended family member, a resource family, 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. 120.Section 293 of the Welfare and Institutions Code, as amended by Section 63 of Chapter 612 of the Statutes of 2016, is repealed.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, resource family, 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, a nonrelative extended family member, a resource family, 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. 121.Section 294 of the Welfare and Institutions Code, as amended by Section 64 of Chapter 612 of the Statutes of 2016, 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, nonrelative extended family members, or resource family. 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, by electronic service pursuant to Section 212.5, 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, placement with a fit and willing relative, or another planned permanent living arrangement, as appropriate, 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, placement with a fit and willing relative, or another planned permanent living arrangement, as appropriate, for the child. The court shall direct the parent to appear for the proceedings and then direct that the parent be notified thereafter only 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. business, or by electronic service pursuant to Section 212.5.
(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 served on the parent named in the notice by first-class mail at the place where the notice was delivered. delivered or by electronic service pursuant to Section 212.5.
(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, placement with a fit and willing relative, or another planned permanent living arrangement, as appropriate, or, in service may be made by first-class mail to the parents usual place of residence of business or by electronic service pursuant to Section 212.5. In the case of an Indian child, if the recommendation of the probation officer or social worker is 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. mail or by electronic service pursuant to Section 212.5.
(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, placement with a fit and willing relative, or another planned permanent living arrangement, as appropriate, 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. mail or by electronic service pursuant to Section 212.5.
(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, placement with a fit and willing relative, or another planned permanent living arrangement, as appropriate, 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.(h)Notice to all counsel of record shall be by first-class mail or by electronic service pursuant to Section 212.5.
(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 Notice of any hearing at which the county welfare department is recommending the termination of parental rights may only be served by electronic mail electronically if supplemental and in addition to the other forms of notice notice is also given by another means of service 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. 122.Section 294 of the Welfare and Institutions Code, as amended by Section 65 of Chapter 612 of the Statutes of 2016, is repealed.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, nonrelative extended family members, or resource family. 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, placement with a fit and willing relative, or another planned permanent living arrangement, as appropriate, 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, placement with a fit and willing relative, or another planned permanent living arrangement, as appropriate, 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, placement with a fit and willing relative, or another planned permanent living arrangement, as appropriate, 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, placement with a fit and willing relative, or another planned permanent living arrangement, as appropriate, 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, placement with a fit and willing relative, or another planned permanent living arrangement, as appropriate, 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. 123.Section 295 of the Welfare and Institutions Code, as amended by Section 66 of Chapter 612 of the Statutes of 2016, 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, resource family, 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. notice or by electronic service pursuant to Section 212.5. 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 before 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. 124.Section 295 of the Welfare and Institutions Code, as amended by Section 67 of Chapter 612 of the Statutes of 2016, is repealed.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, resource family, 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. 125.Section 297 of the Welfare and Institutions Code is amended to read:297.(a)Notice required for an initial petition filed pursuant to Section 300 is applicable to a subsequent petition filed pursuant to Section 342.297.(a)A subsequent petition filed pursuant to Section 342 shall be noticed pursuant to Sections 290.1 and 290.2, except that service may be delivered by electronic service pursuant to Section 212.5.
(b)Upon the filing of a supplemental petition pursuant to Section 387, the clerk of the juvenile court shall immediately set the matter for hearing within 30 days of the date of the filing, and the social worker or probation officer shall cause notice thereof to be served upon the persons required by, and in the manner prescribed by, Sections 290.1, 290.2, and 291. 291, except that service may be delivered by electronic service pursuant to Section 212.5.
(c)If a petition for modification has been filed pursuant to Section 388, and it appears that the best interest of the child may be promoted by the proposed change of the order, the recognition of a sibling relationship, or the termination of jurisdiction, the court shall order that a hearing be held and shall give prior notice, or cause prior notice to be given, to the social worker or probation officer and to the childs attorney of record, or if there is no attorney of record for the child, to the child, and his or her parent or parents or legal guardian or guardians in the manner prescribed by Section 291 unless a different manner is prescribed by the court.
(d)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.
(e)On and after January 1, 2012, if a petition for modification has been filed pursuant to subdivision (e) of Section 388 by a nonminor dependent, as described in subdivision (v) of Section 11400, no notice is required for a parent.
SEC. 126.Section 302 of the Welfare and Institutions Code is amended to read:302.(a)A juvenile court may assume jurisdiction over a child described in Section 300 regardless of whether the child was in the physical custody of both parents or was in the sole legal or physical custody of only one parent at the time that the events or conditions occurred that brought the child within the jurisdiction of the court.
(b)Unless their parental rights have been terminated, both parents shall be notified of all proceedings involving the child. In any case where the social worker is required to provide a parent or guardian with notice of a proceeding at which the social worker intends to present a report, the social worker shall also provide both parents, whether custodial or noncustodial, or any guardian, or the counsel for the parent or guardian a copy of the report prior to the hearing, either personally or by personal service, by first-class mail. mail, or by electronic service pursuant to Section 212.5. The social worker shall not charge any fee for providing a copy of a report required by this subdivision. The social worker shall keep confidential the address of any parent who is known to be the victim of domestic violence.
(c)When a child is adjudged a dependent of the juvenile court, any issues regarding custodial rights between his or her parents shall be determined solely by the juvenile court, as specified in Sections 304, 361.2, and 362.4, so long as the child remains a dependent of the juvenile court.
(d)Any custody or visitation order issued by the juvenile court at the time the juvenile court terminates its jurisdiction pursuant to Section 362.4 regarding a child who has been previously adjudged to be a dependent child of the juvenile court shall be a final judgment and shall remain in effect after that jurisdiction is terminated. The order shall not be modified in a proceeding or action described in Section 3021 of the Family Code unless the court finds that there has been a significant change of circumstances since the juvenile court issued the order and modification of the order is in the best interests of the child.
SEC. 127.Section 316.1 of the Welfare and Institutions Code, as amended by Section 15 of Chapter 219 of the Statutes of 2015, 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(b)Upon his or her appearance before the court, each party who consents to electronic service by electronic mail pursuant to Section 212.5 shall designate for the court his or her electronic mail service address. The court shall advise each party that the electronic mail service 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, 297, and 342, unless and until the party notifies the court or the social services agency of a new electronic mail service address in writing. writing or unless the party withdraws consent to electronic service.
(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. 128.Section 316.1 of the Welfare and Institutions Code, as added by Section 16 of Chapter 219 of the Statutes of 2015, is repealed.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.SEC. 129.Section 342 of the Welfare and Institutions Code is amended to read:342.(a)In any case in which a minor has been found to be a person described by Section 300 and the petitioner alleges new facts or circumstances, other than those under which the original petition was sustained, sufficient to state that the minor is a person described in Section 300, the petitioner shall file a subsequent petition. This section does not apply if the jurisdiction of the juvenile court has been terminated prior to the new allegations.
All(b)Unless otherwise provided by law, all procedures and hearings required for an original petition are applicable to a subsequent petition filed under this section.
SEC. 130.Section 362.4 of the Welfare and Institutions Code is amended to read:362.4.When (a)If the juvenile court terminates its jurisdiction over a minor who has been adjudged a dependent child of the juvenile court prior to the minors attainment of the age of 18 years, and proceedings for dissolution of marriage, for nullity of marriage, or for legal separation, of the minors parents, or proceedings to establish the paternity of the minor child brought under the Uniform Parentage Act, Part 3 (commencing with Section 7600) of Division 12 of the Family Code, are pending in the superior court of any county, or an order has been entered with regard to the custody of that minor, the juvenile court on its own motion, may issue a protective order as provided for in Section 213.5 or as defined in Section 6218 of the Family Code, and an order determining the custody of, or visitation with, the child.
Any(b)Any order issued pursuant to this section shall continue until modified or terminated by a subsequent order of the superior court. The order of the juvenile court shall be filed in the proceeding for nullity, dissolution, or legal separation, or in the proceeding to establish paternity, at the time the juvenile court terminates its jurisdiction over the minor, and shall become a part thereof.
If(c)If no action is filed or pending relating to the custody of the minor in the superior court of any county, the juvenile court order may be used as the sole basis for opening a file in the superior court of the county in which the parent, who has been given custody, resides. The court may direct the parent or the clerk of the juvenile court to transmit the order to the clerk of the superior court of the county in which the order is to be filed. The clerk of the superior court shall, immediately upon receipt, open a file, without a filing fee, and assign a case number.
The(d)The clerk of the superior court shall, upon the filing of any juvenile court custody order, send a copy of the order with the case number by first-class mail a copy of the order with the case number or by electronic means pursuant to Section 212.5 to the juvenile court and to the parents at the address listed on the order.
The(e)The Judicial Council shall adopt forms for any custody or restraining order issued under this section. These form orders shall not be confidential.
SEC. 131.Section 364.05 of the Welfare and Institutions Code is amended to read:364.05.Notwithstanding Section 364, in a county of the first class, a copy of the report required pursuant to subdivision (b) of Section 364 shall be provided to all parties at least 10 calendar days prior to before the hearing. This may be accomplished by mailing the report electronically serving the report pursuant to Section 212.5 or by mailing the report at least 15 calendar days prior to before the hearing to a party whose address is within the State of California, or at least 20 calendar days prior to before the hearing to a party whose address is outside the State of California. The court shall grant a reasonable continuance, not to exceed 10 calendar days, upon request by any party or his or her counsel on the ground that the report was not provided at least 10 calendar days prior to before the hearing as required by this section, unless the party or his or her counsel has expressly waived the requirement that the report be provided within the 10-day period or the court finds that the partys ability to proceed at the hearing is not prejudiced by the lack of timely service of the report. In making this determination, the court shall presume that a party is prejudiced by the lack of timely service of the report, and may find that the party is not prejudiced only by clear and convincing evidence to the contrary.
SEC. 132.Section 366.05 of the Welfare and Institutions Code is amended to read:366.05.Notwithstanding subdivision (c) of Section 366.21, in a county of the first class, any supplemental report filed in connection with a status review hearing held pursuant to subdivision (a) of Section 366 shall be provided to the parent or legal guardian and to counsel for the child at least 10 calendar days prior to before the hearing. This may be accomplished by mailing the report electronically serving the report pursuant to Section 212.5 or by mailing the report at least 15 calendar days prior to before the hearing to a party whose address is within the State of California, or at least 20 calendar days prior to before the hearing to a party whose address is outside the State of California. The court shall grant a reasonable continuance, not to exceed 10 calendar days, upon request by any party or his or her counsel on the ground that the report was not provided at least 10 calendar days prior to before the hearing as required by this section, unless the party or his or her counsel has expressly waived the requirement that the report be provided within the 10-day period or the court finds that the partys ability to proceed at the hearing is not prejudiced by the lack of timely service of the report. In making this determination, the court shall presume that a party is prejudiced by the lack of timely service of the report, and may find that the party is not prejudiced only by clear and convincing evidence to the contrary.
SEC. 133.Section 366.21 of the Welfare and Institutions Code is amended to read:366.21.(a)Every hearing conducted by the juvenile court reviewing the status of a dependent child shall be placed on the appearance calendar. The court shall advise all persons present at the hearing of the date of the future hearing and of their right to be present and represented by counsel.
(b)Except as provided in Sections 294 and 295, notice of the hearing shall be provided pursuant to Section 293.
(c)At least 10 calendar days prior to before the hearing, the social worker shall file a supplemental report with the court regarding the services provided or offered to the parent or legal guardian to enable him or her to assume custody and the efforts made to achieve legal permanence for the child if efforts to reunify fail, including, but not limited to, efforts to maintain relationships between a child who is 10 years of age or older and has been in out-of-home placement for six months or longer and individuals who are important to the child, consistent with the childs best interests; the progress made; and, where relevant, the prognosis for return of the child to the physical custody of his or her parent or legal guardian; and shall make his or her recommendation for disposition. If the child is a member of a sibling group described in subparagraph (C) of paragraph (1) of subdivision (a) of Section 361.5, the report and recommendation may also take into account those factors described in subdivision (e) relating to the childs sibling group. If the recommendation is not to return the child to a parent or legal guardian, the report shall specify why the return of the child would be detrimental to the child. The social worker shall provide the parent or legal guardian, counsel for the child, and any court-appointed child advocate with a copy of the report, including his or her recommendation for disposition, at least 10 calendar days prior to before the hearing. The report may be served pursuant to Section 212.5. In the case of a child removed from the physical custody of his or her parent or legal guardian, the social worker shall, at least 10 calendar days prior to before the hearing, provide a summary of his or her recommendation for disposition to any foster parents, relative caregivers, and certified foster parents who have been approved for adoption by the State Department of Social Services when it is acting as an adoption agency or by a county adoption agency, community care facility, or foster family agency having the physical custody of the child. The social worker shall include a copy of the Judicial Council Caregiver Information Form (JV-290) with the summary of recommendations his or her recommendation to the childs foster parents, relative caregivers, or foster parents approved for adoption, in the caregivers primary language when available, along with information on how to file the form with the court. The form and summary of the recommendation may be served electronically pursuant to Section 212.5.
(d)Prior to any hearing involving a child in the physical custody of a community care facility or a foster family agency that may result in the return of the child to the physical custody of his or her parent or legal guardian, or in adoption or the creation of a legal guardianship, or in the case of an Indian child, in consultation with the childs tribe, tribal customary adoption, the facility or agency shall file with the court a report, or a Judicial Council Caregiver Information Form (JV-290), containing its recommendation for disposition. Prior to the hearing involving a child in the physical custody of a foster parent, a relative caregiver, or a certified foster parent who has been approved for adoption by the State Department of Social Services when it is acting as an adoption agency or by a county adoption agency, the foster parent, relative caregiver, or the certified foster parent who has been approved for adoption by the State Department of Social Services when it is acting as an adoption agency or by a county adoption agency, may file with the court a report containing his or her recommendation for disposition. The court shall consider the report and recommendation filed pursuant to this subdivision prior to determining any disposition.
(e)(1)At the review hearing held six months after the initial dispositional hearing, but no later than 12 months after the date the child entered foster care as determined in Section 361.49, whichever occurs earlier, after considering the admissible and relevant evidence, the court shall order the return of the child to the physical custody of his or her parent or legal guardian unless the court finds, by a preponderance of the evidence, that the return of the child to his or her parent or legal guardian would create a substantial risk of detriment to the safety, protection, or physical or emotional well-being of the child. The social worker shall have the burden of establishing that detriment. At the hearing, the court shall consider the criminal history, obtained pursuant to paragraph (1) of subdivision (f) of Section 16504.5, of the parent or legal guardian subsequent to the childs removal to the extent that the criminal record is substantially related to the welfare of the child or the parents or guardians ability to exercise custody and control regarding his or her child, provided the parent or legal guardian agreed to submit fingerprint images to obtain criminal history information as part of the case plan. The court shall also consider whether the child can be returned to the custody of his or her parent who is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with his or her parent. The fact that the parent is enrolled in a certified substance abuse treatment facility shall not be, for that reason alone, prima facie evidence of detriment. The failure of the parent or legal guardian to participate regularly and make substantive progress in court-ordered treatment programs shall be prima facie evidence that return would be detrimental. In making its determination, the court shall review and consider the social workers report and recommendations and the report and recommendations of any child advocate appointed pursuant to Section 356.5; and shall consider the efforts or progress, or both, demonstrated by the parent or legal guardian and the extent to which he or she availed himself or herself of services provided, taking into account the particular barriers to a minor parent or a nonminor dependent parent, or an incarcerated, institutionalized, detained, or deported parents or legal guardians access to those court-mandated services and ability to maintain contact with his or her child.
(2)Regardless of whether the child is returned to a parent or legal guardian, the court shall specify the factual basis for its conclusion that the return would be detrimental or would not be detrimental. The court also shall make appropriate findings pursuant to subdivision (a) of Section 366; and, when relevant, shall order any additional services reasonably believed to facilitate the return of the child to the custody of his or her parent or legal guardian. The court shall also inform the parent or legal guardian that if the child cannot be returned home by the 12-month permanency hearing, a proceeding pursuant to Section 366.26 may be instituted. This section does not apply in a case in which, pursuant to Section 361.5, the court has ordered that reunification services shall not be provided.
(3)If the child was under three years of age on the date of the initial removal, or is a member of a sibling group described in subparagraph (C) of paragraph (1) of subdivision (a) of Section 361.5, and the court finds by clear and convincing evidence that the parent failed to participate regularly and make substantive progress in a court-ordered treatment plan, the court may schedule a hearing pursuant to Section 366.26 within 120 days. If, however, the court finds there is a substantial probability that the child, who was under three years of age on the date of initial removal or is a member of a sibling group described in subparagraph (C) of paragraph (1) of subdivision (a) of Section 361.5, may be returned to his or her parent or legal guardian within six months or that reasonable services have not been provided, the court shall continue the case to the 12-month permanency hearing.
(4)For the purpose of placing and maintaining a sibling group together in a permanent home, the court, in making its determination to schedule a hearing pursuant to Section 366.26 for some or all members of a sibling group, as described in subparagraph (C) of paragraph (1) of subdivision (a) of Section 361.5, shall review and consider the social workers report and recommendations. Factors the report shall address, and the court shall consider, may include, but need not be limited to, whether the sibling group was removed from parental care as a group, the closeness and strength of the sibling bond, the ages of the siblings, the appropriateness of maintaining the sibling group together, the detriment to the child if sibling ties are not maintained, the likelihood of finding a permanent home for the sibling group, whether the sibling group is currently placed together in a preadoptive home or has a concurrent plan goal of legal permanency in the same home, the wishes of each child whose age and physical and emotional condition permits a meaningful response, and the best interests of each child in the sibling group. The court shall specify the factual basis for its finding that it is in the best interests of each child to schedule a hearing pursuant to Section 366.26 within 120 days for some or all of the members of the sibling group.
(5)If the child was removed initially under subdivision (g) of Section 300 and the court finds by clear and convincing evidence that the whereabouts of the parent are still unknown, or the parent has failed to contact and visit the child, the court may schedule a hearing pursuant to Section 366.26 within 120 days. The court shall take into account any particular barriers to a parents ability to maintain contact with his or her child due to the parents incarceration, institutionalization, detention by the United States Department of Homeland Security, or deportation. If the court finds by clear and convincing evidence that the parent has been convicted of a felony indicating parental unfitness, the court may schedule a hearing pursuant to Section 366.26 within 120 days.
(6)If the child had been placed under court supervision with a previously noncustodial parent pursuant to Section 361.2, the court shall determine whether supervision is still necessary. The court may terminate supervision and transfer permanent custody to that parent, as provided for by paragraph (1) of subdivision (b) of Section 361.2.
(7)In all other cases, the court shall direct that any reunification services previously ordered shall continue to be offered to the parent or legal guardian pursuant to the time periods set forth in subdivision (a) of Section 361.5, provided that the court may modify the terms and conditions of those services.
(8)If the child is not returned to his or her parent or legal guardian, the court shall determine whether reasonable services that were designed to aid the parent or legal guardian in overcoming the problems that led to the initial removal and the continued custody of the child have been provided or offered to the parent or legal guardian. The court shall order that those services be initiated, continued, or terminated.
(f)(1)The permanency hearing shall be held no later than 12 months after the date the child entered foster care, as that date is determined pursuant to Section 361.49. At the permanency hearing, the court shall determine the permanent plan for the child, which shall include a determination of whether the child will be returned to the childs home and, if so, when, within the time limits of subdivision (a) of Section 361.5. After considering the relevant and admissible evidence, the court shall order the return of the child to the physical custody of his or her parent or legal guardian unless the court finds, by a preponderance of the evidence, that the return of the child to his or her parent or legal guardian would create a substantial risk of detriment to the safety, protection, or physical or emotional well-being of the child. The social worker shall have the burden of establishing that detriment.
(A)At the permanency hearing, the court shall consider the criminal history, obtained pursuant to paragraph (1) of subdivision (f) of Section 16504.5, of the parent or legal guardian subsequent to the childs removal to the extent that the criminal record is substantially related to the welfare of the child or the parents or legal guardians ability to exercise custody and control regarding his or her child, provided that the parent or legal guardian agreed to submit fingerprint images to obtain criminal history information as part of the case plan. The court shall also determine whether reasonable services that were designed to aid the parent or legal guardian to overcome the problems that led to the initial removal and continued custody of the child have been provided or offered to the parent or legal guardian.
(B)The court shall also consider whether the child can be returned to the custody of his or her parent who is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with his or her parent. The fact that the parent is enrolled in a certified substance abuse treatment facility shall not be, for that reason alone, prima facie evidence of detriment. The failure of the parent or legal guardian to participate regularly and make substantive progress in court-ordered treatment programs shall be prima facie evidence that return would be detrimental.
(C)In making its determination, the court shall review and consider the social workers report and recommendations and the report and recommendations of any child advocate appointed pursuant to Section 356.5, shall consider the efforts or progress, or both, demonstrated by the parent or legal guardian and the extent to which he or she availed himself or herself of services provided, taking into account the particular barriers to a minor parent or a nonminor dependent parent, or an incarcerated, institutionalized, detained, or deported parents or legal guardians access to those court-mandated services and ability to maintain contact with his or her child, and shall make appropriate findings pursuant to subdivision (a) of Section 366.
(D)For each youth 16 years of age and older, the court shall also determine whether services have been made available to assist him or her in making the transition from foster care to successful adulthood.
(2)Regardless of whether the child is returned to his or her parent or legal guardian, the court shall specify the factual basis for its decision. If the child is not returned to a parent or legal guardian, the court shall specify the factual basis for its conclusion that the return would be detrimental. The court also shall make a finding pursuant to subdivision (a) of Section 366. If the child is not returned to his or her parent or legal guardian, the court shall consider, and state for the record, in-state and out-of-state placement options. If the child is placed out of the state, the court shall make a determination whether the out-of-state placement continues to be appropriate and in the best interests of the child.
(g)If the time period in which the court-ordered services were provided has met or exceeded the time period set forth in subparagraph (A), (B), or (C) of paragraph (1) of subdivision (a) of Section 361.5, as appropriate, and a child is not returned to the custody of a parent or legal guardian at the permanency hearing held pursuant to subdivision (f), the court shall do one of the following:
(1)Continue the case for up to six months for a permanency review hearing, provided that the hearing shall occur within 18 months of the date the child was originally taken from the physical custody of his or her parent or legal guardian. The court shall continue the case only if it finds that there is a substantial probability that the child will be returned to the physical custody of his or her parent or legal guardian and safely maintained in the home within the extended period of time or that reasonable services have not been provided to the parent or legal guardian. For the purposes of this section, in order to find a substantial probability that the child will be returned to the physical custody of his or her parent or legal guardian and safely maintained in the home within the extended period of time, the court shall be required to find all of the following:
(A)That the parent or legal guardian has consistently and regularly contacted and visited with the child.
(B)That the parent or legal guardian has made significant progress in resolving problems that led to the childs removal from the home.
(C)The parent or legal guardian has demonstrated the capacity and ability both to complete the objectives of his or her treatment plan and to provide for the childs safety, protection, physical and emotional well-being, and special needs.
(i)For purposes of this subdivision, the courts decision to continue the case based on a finding or substantial probability that the child will be returned to the physical custody of his or her parent or legal guardian is a compelling reason for determining that a hearing held pursuant to Section 366.26 is not in the best interests of the child.
(ii)The court shall inform the parent or legal guardian that if the child cannot be returned home by the next permanency review hearing, a proceeding pursuant to Section 366.26 may be instituted. The court shall not order that a hearing pursuant to Section 366.26 be held unless there is clear and convincing evidence that reasonable services have been provided or offered to the parent or legal guardian.
(2)Continue the case for up to six months for a permanency review hearing, provided that the hearing shall occur within 18 months of the date the child was originally taken from the physical custody of his or her parent or legal guardian, if the parent has been arrested and issued an immigration hold, detained by the United States Department of Homeland Security, or deported to his or her country of origin, and the court determines either that there is a substantial probability that the child will be returned to the physical custody of his or her parent or legal guardian and safely maintained in the home within the extended period of time or that reasonable services have not been provided to the parent or legal guardian.
(3)For purposes of paragraph (2), in order to find a substantial probability that the child will be returned to the physical custody of his or her parent or legal guardian and safely maintained in the home within the extended period of time, the court shall find all of the following:
(A)The parent or legal guardian has consistently and regularly contacted and visited with the child, taking into account any particular barriers to a parents ability to maintain contact with his or her child due to the parents arrest and receipt of an immigration hold, detention by the United States Department of Homeland Security, or deportation.
(B)The parent or legal guardian has made significant progress in resolving the problems that led to the childs removal from the home.
(C)The parent or legal guardian has demonstrated the capacity or ability both to complete the objectives of his or her treatment plan and to provide for the childs safety, protection, physical and emotional well-being, and special needs.
(4)Order that a hearing be held within 120 days, pursuant to Section 366.26, but only if the court does not continue the case to the permanency planning review hearing and there is clear and convincing evidence that reasonable services have been provided or offered to the parents or legal guardians. On and after January 1, 2012, a hearing pursuant to Section 366.26 shall not be ordered if the child is a nonminor dependent, unless the nonminor dependent is an Indian child and tribal customary adoption is recommended as the permanent plan.
(5)Order that the child remain in foster care, but only if the court finds by clear and convincing evidence, based upon the evidence already presented to it, including a recommendation by the State Department of Social Services when it is acting as an adoption agency or by a county adoption agency, that there is a compelling reason for determining that a hearing held pursuant to Section 366.26 is not in the best interests of the child because the child is not a proper subject for adoption and has no one willing to accept legal guardianship as of the hearing date. For purposes of this section, a recommendation by the State Department of Social Services when it is acting as an adoption agency or by a county adoption agency that adoption is not in the best interests of the child shall constitute a compelling reason for the courts determination. That recommendation shall be based on the present circumstances of the child and shall not preclude a different recommendation at a later date if the childs circumstances change. On and after January 1, 2012, the nonminor dependents legal status as an adult is in and of itself a compelling reason not to hold a hearing pursuant to Section 366.26. The court may order that a nonminor dependent who otherwise is eligible pursuant to Section 11403 remain in a planned, permanent living arrangement.
(A)The court shall make factual findings identifying any barriers to achieving the permanent plan as of the hearing date. When the child is under 16 years of age, the court shall order a permanent plan of return home, adoption, tribal customary adoption in the case of an Indian child, legal guardianship, or placement with a fit and willing relative, as appropriate. When the child is 16 years of age or older, or is a nonminor dependent, and no other permanent plan is appropriate at the time of the hearing, the court may order another planned permanent living arrangement, as described in paragraph (2) of subdivision (i) of Section 16501.
(B)If the court orders that a child who is 10 years of age or older remain in foster care, the court shall determine whether the agency has made reasonable efforts to maintain the childs relationships with individuals other than the childs siblings who are important to the child, consistent with the childs best interests, and may make any appropriate order to ensure that those relationships are maintained.
(C)If the child is not returned to his or her parent or legal guardian, the court shall consider, and state for the record, in-state and out-of-state options for permanent placement. If the child is placed out of the state, the court shall make a determination whether the out-of-state placement continues to be appropriate and in the best interests of the child.
(h)In any case in which the court orders that a hearing pursuant to Section 366.26 shall be held, it shall also order the termination of reunification services to the parent or legal guardian. The court shall continue to permit the parent or legal guardian to visit the child pending the hearing unless it finds that visitation would be detrimental to the child. The court shall make any other appropriate orders to enable the child to maintain relationships with individuals, other than the childs siblings, who are important to the child, consistent with the childs best interests. When the court orders a termination of reunification services to the parent or legal guardian, it shall also order that the childs caregiver receive the childs birth certificate in accordance with Sections 16010.4 and 16010.5. Additionally, when the court orders a termination of reunification services to the parent or legal guardian, it shall order, when appropriate, that a child who is 16 years of age or older receive his or her birth certificate.
(i)(1)Whenever a court orders that a hearing pursuant to Section 366.26, including, when, in consultation with the childs tribe, tribal customary adoption is recommended, shall be held, it shall direct the agency supervising the child and the county adoption agency, or the State Department of Social Services when it is acting as an adoption agency, to prepare an assessment that shall include:
(A)Current search efforts for an absent parent or parents or legal guardians.
(B)A review of the amount of and nature of any contact between the child and his or her parents or legal guardians and other members of his or her extended family since the time of placement. Although the extended family of each child shall be reviewed on a case-by-case basis, extended family for the purpose of this subparagraph shall include, but not be limited to, the childs siblings, grandparents, aunts, and uncles.
(C)An evaluation of the childs medical, developmental, scholastic, mental, and emotional status.
(D)A preliminary assessment of the eligibility and commitment of any identified prospective adoptive parent or legal guardian, including the prospective tribal customary adoptive parent, particularly the caretaker, to include a social history including screening for criminal records and prior referrals for child abuse or neglect, the capability to meet the childs needs, and the understanding of the legal and financial rights and responsibilities of adoption and guardianship. If a proposed guardian is a relative of the minor, the assessment shall also consider, but need not be limited to, all of the factors specified in subdivision (a) of Section 361.3 and in Section 361.4.
(E)The relationship of the child to any identified prospective adoptive parent or legal guardian, the duration and character of the relationship, the degree of attachment of the child to the prospective relative guardian or adoptive parent, the relatives or adoptive parents strong commitment to caring permanently for the child, the motivation for seeking adoption or guardianship, a statement from the child concerning placement and the adoption or guardianship, and whether the child, if over 12 years of age, has been consulted about the proposed relative guardianship arrangements, unless the childs age or physical, emotional, or other condition precludes his or her meaningful response, and if so, a description of the condition.
(F)A description of efforts to be made to identify a prospective adoptive parent or legal guardian, including, but not limited to, child-specific recruitment and listing on an adoption exchange within the state or out of the state.
(G)An analysis of the likelihood that the child will be adopted if parental rights are terminated.
(H)In the case of an Indian child, in addition to subparagraphs (A) to (G), inclusive, an assessment of the likelihood that the child will be adopted, when, in consultation with the childs tribe, a tribal customary adoption, as defined in Section 366.24, is recommended. If tribal customary adoption is recommended, the assessment shall include an analysis of both of the following:
(i)Whether tribal customary adoption would or would not be detrimental to the Indian child and the reasons for reaching that conclusion.
(ii)Whether the Indian child cannot or should not be returned to the home of the Indian parent or Indian custodian and the reasons for reaching that conclusion.
(2)(A)A relative caregivers preference for legal guardianship over adoption, if it is due to circumstances that do not include an unwillingness to accept legal or financial responsibility for the child, shall not constitute the sole basis for recommending removal of the child from the relative caregiver for purposes of adoptive placement.
(B)Regardless of his or her immigration status, a relative caregiver shall be given information regarding the permanency options of guardianship and adoption, including the long-term benefits and consequences of each option, prior to establishing legal guardianship or pursuing adoption. If the proposed permanent plan is guardianship with an approved relative caregiver for a minor eligible for aid under the Kin-GAP Program, as provided for in Article 4.7 (commencing with Section 11385) of Chapter 2 of Part 3 of Division 9, the relative caregiver shall be informed about the terms and conditions of the negotiated agreement pursuant to Section 11387 and shall agree to its execution prior to the hearing held pursuant to Section 366.26. A copy of the executed negotiated agreement shall be attached to the assessment.
(j)If, at any hearing held pursuant to Section 366.26, a guardianship is established for the minor with an approved relative caregiver, and juvenile court dependency is subsequently dismissed, the minor shall be eligible for aid under the Kin-GAP Program, as provided for in Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385), as applicable, of Chapter 2 of Part 3 of Division 9.
(k)As used in this section, relative means an adult who is related to the minor by blood, adoption, or affinity within the fifth degree of kinship, including stepparents, stepsiblings, and all relatives whose status is preceded by the words great, great-great, or grand, or the spouse of any of those persons even if the marriage was terminated by death or dissolution. If the proposed permanent plan is guardianship with an approved relative caregiver for a minor eligible for aid under the Kin-GAP Program, as provided for in Article 4.7 (commencing with Section 11385) of Chapter 2 of Part 3 of Division 9, relative as used in this section has the same meaning as relative as defined in subdivision (c) of Section 11391.
(l)For purposes of this section, evidence of any of the following circumstances shall not, in and of itself, be deemed a failure to provide or offer reasonable services:
(1)The child has been placed with a foster family that is eligible to adopt a child, or has been placed in a preadoptive home.
(2)The case plan includes services to make and finalize a permanent placement for the child if efforts to reunify fail.
(3)Services to make and finalize a permanent placement for the child, if efforts to reunify fail, are provided concurrently with services to reunify the family.
SEC. 134.Section 366.26 of the Welfare and Institutions Code is amended to read:366.26.(a)This section applies to children who are adjudged dependent children of the juvenile court pursuant to subdivision (d) of Section 360. The procedures specified herein are the exclusive procedures for conducting these hearings; Part 2 (commencing with Section 3020) of Division 8 of the Family Code is not applicable to these proceedings. Section 8616.5 of the Family Code is applicable and available to all dependent children meeting the requirements of that section, if the postadoption contact agreement has been entered into voluntarily. For children who are adjudged dependent children of the juvenile court pursuant to subdivision (d) of Section 360, this section section, and Sections 8604, 8605, 8606, and 8700 of the Family Code and Chapter 5 (commencing with Section 7660) of Part 3 of Division 12 of the Family Code specify the exclusive procedures for permanently terminating parental rights with regard to, or establishing legal guardianship of, the child while the child is a dependent child of the juvenile court.
(b)At the hearing, which shall be held in juvenile court for all children who are dependents of the juvenile court, the court, in order to provide stable, permanent homes for these children, shall review the report as specified in Section 361.5, 366.21, 366.22, or 366.25, shall indicate that the court has read and considered it, shall receive other evidence that the parties may present, and then shall make findings and orders in the following order of preference:
(1)Terminate the rights of the parent or parents and order that the child be placed for adoption and, upon the filing of a petition for adoption in the juvenile court, order that a hearing be set. The court shall proceed with the adoption after the appellate rights of the natural parents have been exhausted.
(2)Order, without termination of parental rights, the plan of tribal customary adoption, as described in Section 366.24, through tribal custom, traditions, or law of the Indian childs tribe, and upon the court affording the tribal customary adoption order full faith and credit at the continued selection and implementation hearing, order that a hearing be set pursuant to paragraph (2) of subdivision (e).
(3)Appoint a relative or relatives with whom the child is currently residing as legal guardian or guardians for the child, and order that letters of guardianship issue.
(4)On making a finding under paragraph (3) of subdivision (c), identify adoption or tribal customary adoption as the permanent placement goal and order that efforts be made to locate an appropriate adoptive family for the child within a period not to exceed 180 days.
(5)Appoint a nonrelative legal guardian for the child and order that letters of guardianship issue.
(6)Order that the child be permanently placed with a fit and willing relative, subject to the periodic review of the juvenile court under Section 366.3.
(7)Order that the child remain in foster care, subject to the conditions described in paragraph (4) of subdivision (c) and the periodic review of the juvenile court under Section 366.3.
In choosing among the above alternatives the court shall proceed pursuant to subdivision (c).
(c)(1)If the court determines, based on the assessment provided as ordered under subdivision (i) of Section 366.21, subdivision (b) of Section 366.22, or subdivision (b) of Section 366.25, and any other relevant evidence, by a clear and convincing standard, that it is likely the child will be adopted, the court shall terminate parental rights and order the child placed for adoption. The fact that the child is not yet placed in a preadoptive home nor with a relative or foster family who is prepared to adopt the child, shall not constitute a basis for the court to conclude that it is not likely the child will be adopted. A finding under subdivision (b) or paragraph (1) of subdivision (e) of Section 361.5 that reunification services shall not be offered, under subdivision (e) of Section 366.21 that the whereabouts of a parent have been unknown for six months or that the parent has failed to visit or contact the child for six months, or that the parent has been convicted of a felony indicating parental unfitness, or, under Section 366.21 or 366.22, that the court has continued to remove the child from the custody of the parent or guardian and has terminated reunification services, shall constitute a sufficient basis for termination of parental rights. Under these circumstances, the court shall terminate parental rights unless either of the following applies:
(A)The child is living with a relative who is unable or unwilling to adopt the child because of circumstances that do not include an unwillingness to accept legal or financial responsibility for the child, but who is willing and capable of providing the child with a stable and permanent environment through legal guardianship, and the removal of the child from the custody of his or her relative would be detrimental to the emotional well-being of the child. For purposes of an Indian child, relative shall include an extended family member, as defined in the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1903(2)).
(B)The court finds a compelling reason for determining that termination would be detrimental to the child due to one or more of the following circumstances:
(i)The parents have maintained regular visitation and contact with the child and the child would benefit from continuing the relationship.
(ii)A child 12 years of age or older objects to termination of parental rights.
(iii)The child is placed in a residential treatment facility, adoption is unlikely or undesirable, and continuation of parental rights will not prevent finding the child a permanent family placement if the parents cannot resume custody when residential care is no longer needed.
(iv)The child is living with a foster parent or Indian custodian who is unable or unwilling to adopt the child because of exceptional circumstances, that do not include an unwillingness to accept legal or financial responsibility for the child, but who is willing and capable of providing the child with a stable and permanent environment and the removal of the child from the physical custody of his or her foster parent or Indian custodian would be detrimental to the emotional well-being of the child. This clause does not apply to any child who is either (I) under six years of age or (II) a member of a sibling group where at least one child is under six years of age and the siblings are, or should be, permanently placed together.
(v)There would be substantial interference with a childs sibling relationship, taking into consideration the nature and extent of the relationship, including, but not limited to, whether the child was raised with a sibling in the same home, whether the child shared significant common experiences or has existing close and strong bonds with a sibling, and whether ongoing contact is in the childs best interest, including the childs long-term emotional interest, as compared to the benefit of legal permanence through adoption.
(vi)The child is an Indian child and there is a compelling reason for determining that termination of parental rights would not be in the best interest of the child, including, but not limited to:
(I)Termination of parental rights would substantially interfere with the childs connection to his or her tribal community or the childs tribal membership rights.
(II)The childs tribe has identified guardianship, foster care with a fit and willing relative, tribal customary adoption, or another planned permanent living arrangement for the child.
(III)The child is a nonminor dependent, and the nonminor and the nonminors tribe have identified tribal customary adoption for the nonminor.
(C)For purposes of subparagraph (B), in the case of tribal customary adoptions, Section 366.24 shall apply.
(D)If the court finds that termination of parental rights would be detrimental to the child pursuant to clause (i), (ii), (iii), (iv), (v), or (vi), it shall state its reasons in writing or on the record.
(2)The court shall not terminate parental rights if:
(A)At each hearing at which the court was required to consider reasonable efforts or services, the court has found that reasonable efforts were not made or that reasonable services were not offered or provided.
(B)In the case of an Indian child:
(i)At the hearing terminating parental rights, the court has found that active efforts were not made as required in Section 361.7.
(ii)The court does not make a determination at the hearing terminating parental rights, supported by evidence beyond a reasonable doubt, including testimony of one or more qualified expert witnesses as defined in Section 224.6, that the continued custody of the child by the parent is likely to result in serious emotional or physical damage to the child.
(iii)The court has ordered tribal customary adoption pursuant to Section 366.24.
(3)If the court finds that termination of parental rights would not be detrimental to the child pursuant to paragraph (1) and that the child has a probability for adoption but is difficult to place for adoption and there is no identified or available prospective adoptive parent, the court may identify adoption as the permanent placement goal and, without terminating parental rights, order that efforts be made to locate an appropriate adoptive family for the child, within the state or out of the state, within a period not to exceed 180 days. During this 180-day period, the public agency responsible for seeking adoptive parents for each child shall, to the extent possible, ask each child who is 10 years of age or older to identify any individuals, other than the childs siblings, who are important to the child, in order to identify potential adoptive parents. The public agency may ask any other child to provide that information, as appropriate. During the 180-day period, the public agency shall, to the extent possible, contact other private and public adoption agencies regarding the availability of the child for adoption. During the 180-day period, the public agency shall conduct the search for adoptive parents in the same manner as prescribed for children in Sections 8708 and 8709 of the Family Code. At the expiration of this period, another hearing shall be held and the court shall proceed pursuant to paragraph (1), (2), (3), (5), or (6) of subdivision (b). For purposes of this section, a child may only be found to be difficult to place for adoption if there is no identified or available prospective adoptive parent for the child because of the childs membership in a sibling group, or the presence of a diagnosed medical, physical, or mental handicap, or the child is seven years of age or older.
(4)(A)If the court finds that adoption of the child or termination of parental rights is not in the best interest of the child, because one of the conditions in clause (i), (ii), (iii), (iv), (v), or (vi) of subparagraph (B) of paragraph (1) or in paragraph (2) applies, the court shall order that the present caretakers or other appropriate persons shall become legal guardians of the child, or, in the case of an Indian child, consider a tribal customary adoption pursuant to Section 366.24. Legal guardianship shall be considered before continuing the child in foster care under any other permanent plan, if it is in the best interests of the child and if a suitable guardian can be found. If the child continues in foster care, the court shall make factual findings identifying any barriers to achieving adoption, tribal customary adoption in the case of an Indian child, legal guardianship, or placement with a fit and willing relative as of the date of the hearing. A child who is 10 years of age or older, shall be asked to identify any individuals, other than the childs siblings, who are important to the child, in order to identify potential guardians or, in the case of an Indian child, prospective tribal customary adoptive parents. The agency may ask any other child to provide that information, as appropriate.
(B)(i)If the child is living with an approved relative who is willing and capable of providing a stable and permanent environment, but not willing to become a legal guardian as of the hearing date, the court shall order a permanent plan of placement with a fit and willing relative, and the child shall not be removed from the home if the court finds the removal would be seriously detrimental to the emotional well-being of the child because the child has substantial psychological ties to the relative caretaker.
(ii)If the child is living with a nonrelative caregiver who is willing and capable of providing a stable and permanent environment, but not willing to become a legal guardian as of the hearing date, the court shall order that the child remain in foster care with a permanent plan of return home, adoption, legal guardianship, or placement with a fit and willing relative, as appropriate. If the child is 16 years of age or older, or a nonminor dependent, and no other permanent plan is appropriate at the time of the hearing, the court may order another planned permanent living arrangement, as described in paragraph (2) of subdivision (i) of Section 16501. Regardless of the age of the child, the child shall not be removed from the home if the court finds the removal would be seriously detrimental to the emotional well-being of the child because the child has substantial psychological ties to the caregiver.
(iii)If the child is living in a group home or, on or after January 1, 2017, a short-term residential therapeutic program, the court shall order that the child remain in foster care with a permanent plan of return home, adoption, tribal customary adoption in the case of an Indian child, legal guardianship, or placement with a fit and willing relative, as appropriate. If the child is 16 years of age or older, or a nonminor dependent, and no other permanent plan is appropriate at the time of the hearing, the court may order another planned permanent living arrangement, as described in paragraph (2) of subdivision (i) of Section 16501.
(C)The court shall also make an order for visitation with the parents or guardians unless the court finds by a preponderance of the evidence that the visitation would be detrimental to the physical or emotional well-being of the child.
(5)If the court finds that the child should not be placed for adoption, that legal guardianship shall not be established, that placement with a fit and willing relative is not appropriate as of the hearing date, and that there are no suitable foster parents except certified family homes or resource families of a foster family agency available to provide the child with a stable and permanent environment, the court may order the care, custody, and control of the child transferred from the county welfare department to a licensed foster family agency. The court shall consider the written recommendation of the county welfare director regarding the suitability of the transfer. The transfer shall be subject to further court orders.
The licensed foster family agency shall place the child in a suitable licensed or certified family home that has been certified by the agency as meeting licensing standards or with a resource family approved by the agency. The licensed foster family agency shall be responsible for supporting the child and providing appropriate services to the child, including those services ordered by the court. Responsibility for the support of the child shall not, in and of itself, create liability on the part of the foster family agency to third persons injured by the child. Those children whose care, custody, and control are transferred to a foster family agency shall not be eligible for foster care maintenance payments or child welfare services, except for emergency response services pursuant to Section 16504.
(d)The proceeding for the appointment of a guardian for a child who is a dependent of the juvenile court shall be in the juvenile court. If the court finds pursuant to this section that legal guardianship is the appropriate permanent plan, it shall appoint the legal guardian and issue letters of guardianship. The assessment prepared pursuant to subdivision (g) of Section 361.5, subdivision (i) of Section 366.21, subdivision (b) of Section 366.22, and subdivision (b) of Section 366.25 shall be read and considered by the court prior to the appointment, and this shall be reflected in the minutes of the court. The person preparing the assessment may be called and examined by any party to the proceeding.
(e)(1)The proceeding for the adoption of a child who is a dependent of the juvenile court shall be in the juvenile court if the court finds pursuant to this section that adoption is the appropriate permanent plan and the petition for adoption is filed in the juvenile court. Upon the filing of a petition for adoption, the juvenile court shall order that an adoption hearing be set. The court shall proceed with the adoption after the appellate rights of the natural parents have been exhausted. The full report required by Section 8715 of the Family Code shall be read and considered by the court prior to the adoption and this shall be reflected in the minutes of the court. The person preparing the report may be called and examined by any party to the proceeding. It is the intent of the Legislature, pursuant to this subdivision, to give potential adoptive parents the option of filing in the juvenile court the petition for the adoption of a child who is a dependent of the juvenile court. Nothing in this section is intended to prevent the filing of a petition for adoption in any other court as permitted by law, instead of in the juvenile court.
(2)In the case of an Indian child, if the Indian childs tribe has elected a permanent plan of tribal customary adoption, the court, upon receiving the tribal customary adoption order will afford the tribal customary adoption order full faith and credit to the same extent that the court would afford full faith and credit to the public acts, records, judicial proceedings, and judgments of any other entity. Upon a determination that the tribal customary adoption order may be afforded full faith and credit, consistent with Section 224.5, the court shall thereafter order a hearing to finalize the adoption be set upon the filing of the adoption petition. The prospective tribal customary adoptive parents and the child who is the subject of the tribal customary adoption petition shall appear before the court for the finalization hearing. The court shall thereafter issue an order of adoption pursuant to Section 366.24.
(3)If a child who is the subject of a finalized tribal customary adoption shows evidence of a developmental disability or mental illness as a result of conditions existing before the tribal customary adoption to the extent that the child cannot be relinquished to a licensed adoption agency on the grounds that the child is considered unadoptable, and of which condition the tribal customary adoptive parent or parents had no knowledge or notice before the entry of the tribal customary adoption order, a petition setting forth those facts may be filed by the tribal customary adoptive parent or parents with the juvenile court that granted the tribal customary adoption petition. If these facts are proved to the satisfaction of the juvenile court, it may make an order setting aside the tribal customary adoption order. The set-aside petition shall be filed within five years of the issuance of the tribal customary adoption order. The court clerk shall immediately notify the childs tribe and the department in Sacramento of the petition within 60 days after the notice of filing of the petition. The department shall file a full report with the court and shall appear before the court for the purpose of representing the child. Whenever a final decree of tribal customary adoption has been vacated or set aside, the child shall be returned to the custody of the county in which the proceeding for tribal customary adoption was finalized. The biological parent or parents of the child may petition for return of custody. The disposition of the child after the court has entered an order to set aside a tribal customary adoption shall include consultation with the childs tribe.
(f)At the beginning of any proceeding pursuant to this section, if the child or the parents are not being represented by previously retained or appointed counsel, the court shall proceed as follows:
(1)In accordance with subdivision (c) of Section 317, if a child before the court is without counsel, the court shall appoint counsel unless the court finds that the child would not benefit from the appointment of counsel. The court shall state on the record its reasons for that finding.
(2)If a parent appears without counsel and is unable to afford counsel, the court shall appoint counsel for the parent, unless this representation is knowingly and intelligently waived. The same counsel shall not be appointed to represent both the child and his or her parent. The public defender or private counsel may be appointed as counsel for the parent.
(3)Private counsel appointed under this section shall receive a reasonable sum for compensation and expenses, the amount of which shall be determined by the court. The amount shall be paid by the real parties in interest, other than the child, in any proportions the court deems just. However, if the court finds that any of the real parties in interest are unable to afford counsel, the amount shall be paid out of the general fund of the county.
(g)The court may continue the proceeding for a period of time not to exceed 30 days as necessary to appoint counsel, and to enable counsel to become acquainted with the case.
(h)(1)At all proceedings under this section, the court shall consider the wishes of the child and shall act in the best interests of the child.
(2)In accordance with Section 349, the child shall be present in court if the child or the childs counsel so requests or the court so orders. If the child is 10 years of age or older and is not present at a hearing held pursuant to this section, the court shall determine whether the minor was properly notified of his or her right to attend the hearing and inquire as to the reason why the child is not present.
(3)(A)The testimony of the child may be taken in chambers and outside the presence of the childs parent or parents, if the childs parent or parents are represented by counsel, the counsel is present, and any of the following circumstances exist:
(i)The court determines that testimony in chambers is necessary to ensure truthful testimony.
(ii)The child is likely to be intimidated by a formal courtroom setting.
(iii)The child is afraid to testify in front of his or her parent or parents.
(B)After testimony in chambers, the parent or parents of the child may elect to have the court reporter read back the testimony or have the testimony summarized by counsel for the parent or parents.
(C)The testimony of a child also may be taken in chambers and outside the presence of the guardian or guardians of a child under the circumstances specified in this subdivision.
(i)(1)Any order of the court permanently terminating parental rights under this section shall be conclusive and binding upon the child, upon the parent or parents and, upon all other persons who have been served with citation by publication or otherwise as provided in this chapter. After making the order, the juvenile court shall have no power to set aside, change, or modify it, except as provided in paragraph (2), but nothing in this section shall be construed to limit the right to appeal the order.
(2)A tribal customary adoption order evidencing that the Indian child has been the subject of a tribal customary adoption shall be afforded full faith and credit and shall have the same force and effect as an order of adoption authorized by this section. The rights and obligations of the parties as to the matters determined by the Indian childs tribe shall be binding on all parties. A court shall not order compliance with the order absent a finding that the party seeking the enforcement participated, or attempted to participate, in good faith, in family mediation services of the court or dispute resolution through the tribe regarding the conflict, prior to the filing of the enforcement action.
(3)A child who has not been adopted after the passage of at least three years from the date the court terminated parental rights and for whom the court has determined that adoption is no longer the permanent plan may petition the juvenile court to reinstate parental rights pursuant to the procedure prescribed by Section 388. The child may file the petition prior to the expiration of this three-year period if the State Department of Social Services, county adoption agency, or licensed adoption agency that is responsible for custody and supervision of the child as described in subdivision (j) and the child stipulate that the child is no longer likely to be adopted. A child over 12 years of age shall sign the petition in the absence of a showing of good cause as to why the child could not do so. If it appears that the best interests of the child may be promoted by reinstatement of parental rights, the court shall order that a hearing be held and shall give prior notice, or cause prior notice to be given, to the social worker or probation officer and to the childs attorney of record, or, if there is no attorney of record for the child, to the child, and the childs tribe, if applicable, by means prescribed by subdivision (c) of Section 297. The court shall order the child or the social worker or probation officer to give prior notice of the hearing to the childs former parent or parents whose parental rights were terminated in the manner prescribed by subdivision (f) of Section 294 where the recommendation is adoption. The juvenile court shall grant the petition if it finds by clear and convincing evidence that the child is no longer likely to be adopted and that reinstatement of parental rights is in the childs best interest. If the court reinstates parental rights over a child who is under 12 years of age and for whom the new permanent plan will not be reunification with a parent or legal guardian, the court shall specify the factual basis for its findings that it is in the best interest of the child to reinstate parental rights. This subdivision is intended to be retroactive and applies to any child who is under the jurisdiction of the juvenile court at the time of the hearing regardless of the date parental rights were terminated.
(j)If the court, by order or judgment, declares the child free from the custody and control of both parents, or one parent if the other does not have custody and control, or declares the child eligible for tribal customary adoption, the court shall at the same time order the child referred to the State Department of Social Services, county adoption agency, or licensed adoption agency for adoptive placement by the agency. However, except in the case of a tribal customary adoption where there is no termination of parental rights, a petition for adoption may not be granted until the appellate rights of the natural parents have been exhausted. The State Department of Social Services, county adoption agency, or licensed adoption agency shall be responsible for the custody and supervision of the child and shall be entitled to the exclusive care and control of the child at all times until a petition for adoption or tribal customary adoption is granted, except as specified in subdivision (n). With the consent of the agency, the court may appoint a guardian of the child, who shall serve until the child is adopted.
(k)(1)Notwithstanding any other law, the application of any person who, as a relative caretaker or foster parent, has cared for a dependent child for whom the court has approved a permanent plan for adoption, or who has been freed for adoption, shall be given preference with respect to that child over all other applications for adoptive placement if the agency making the placement determines that the child has substantial emotional ties to the relative caretaker or foster parent and removal from the relative caretaker or foster parent would be seriously detrimental to the childs emotional well-being.
As(2)As used in this subdivision, preference means that the application shall be processed and, if satisfactory, the family study shall be completed before the processing of the application of any other person for the adoptive placement of the child.
(l)(1)An order by the court that a hearing pursuant to this section be held is not appealable at any time unless all of the following apply:
(A)A petition for extraordinary writ review was filed in a timely manner.
(B)The petition substantively addressed the specific issues to be challenged and supported that challenge by an adequate record.
(C)The petition for extraordinary writ review was summarily denied or otherwise not decided on the merits.
(2)Failure to file a petition for extraordinary writ review within the period specified by rule, to substantively address the specific issues challenged, or to support that challenge by an adequate record shall preclude subsequent review by appeal of the findings and orders made pursuant to this section.
(3)The Judicial Council shall adopt rules of court, effective January 1, 1995, to ensure all of the following:
(A)A trial court, after issuance of an order directing a hearing pursuant to this section be held, shall advise all parties of the requirement of filing a petition for extraordinary writ review as set forth in this subdivision in order to preserve any right to appeal in these issues. This
(i)If a party is present at the time of the making of the order, the notice shall be made orally to a party if the party is present at the time of the making of the order or. the party.
(ii)If the party is not present at the time of making the order, the notice shall be made by the clerk of the court by first-class mail by the clerk of the court to the last known address of a party not present at the time of the making of the order. or by electronic service pursuant to Section 212.5. If the notice is for a hearing at which the social worker will recommend the termination of parental rights, the notice may be electronically served pursuant to Section 212.5, but only in addition to service of the notice by first-class mail.
(B)The prompt transmittal of the records from the trial court to the appellate court.
(C)That adequate time requirements for counsel and court personnel exist to implement the objective of this subdivision.
(D)That the parent or guardian, or their trial counsel or other counsel, is charged with the responsibility of filing a petition for extraordinary writ relief pursuant to this subdivision.
(4)The intent of this subdivision is to do both of the following:
(A)Make every reasonable attempt to achieve a substantive and meritorious review by the appellate court within the time specified in Sections 366.21, 366.22, and 366.25 for holding a hearing pursuant to this section.
(B)Encourage the appellate court to determine all writ petitions filed pursuant to this subdivision on their merits.
(5)This subdivision shall only apply to cases in which an order to set a hearing pursuant to this section is issued on or after January 1, 1995.
(m)Except for subdivision (j), this section shall also apply to minors adjudged wards pursuant to Section 727.31.
(n)(1)Notwithstanding Section 8704 of the Family Code or any other law, the court, at a hearing held pursuant to this section or anytime thereafter, may designate a current caretaker as a prospective adoptive parent if the child has lived with the caretaker for at least six months, the caretaker currently expresses a commitment to adopt the child, and the caretaker has taken at least one step to facilitate the adoption process. In determining whether to make that designation, the court may take into consideration whether the caretaker is listed in the preliminary assessment prepared by the county department in accordance with subdivision (i) of Section 366.21 as an appropriate person to be considered as an adoptive parent for the child and the recommendation of the State Department of Social Services, county adoption agency, or licensed adoption agency.
(2)For purposes of this subdivision, steps to facilitate the adoption process include, but are not limited to, the following:
(A)Applying for an adoption homestudy.
(B)Cooperating with an adoption homestudy.
(C)Being designated by the court or the adoption agency as the adoptive family.
(D)Requesting de facto parent status.
(E)Signing an adoptive placement agreement.
(F)Engaging in discussions regarding a postadoption contact agreement.
(G)Working to overcome any impediments that have been identified by the State Department of Social Services, county adoption agency, or licensed adoption agency.
(H)Attending classes required of prospective adoptive parents.
(3)Prior to a change in placement and as soon as possible after a decision is made to remove a child from the home of a designated prospective adoptive parent, the agency shall notify the court, the designated prospective adoptive parent or the current caretaker, if that caretaker would have met the threshold criteria to be designated as a prospective adoptive parent pursuant to paragraph (1) on the date of service of this notice, the childs attorney, and the child, if the child is 10 years of age or older, of the proposal in the manner described in Section 16010.6.
(A)Within five court days or seven calendar days, whichever is longer, of the date of notification, the child, the childs attorney, or the designated prospective adoptive parent may file a petition with the court objecting to the proposal to remove the child, or the court, upon its own motion, may set a hearing regarding the proposal. The court may, for good cause, extend the filing period. A caretaker who would have met the threshold criteria to be designated as a prospective adoptive parent pursuant to paragraph (1) on the date of service of the notice of proposed removal of the child may file, together with the petition under this subparagraph, a petition for an order designating the caretaker as a prospective adoptive parent for purposes of this subdivision.
(B)A hearing ordered pursuant to this paragraph shall be held as soon as possible and not later than five court days after the petition is filed with the court or the court sets a hearing upon its own motion, unless the court for good cause is unable to set the matter for hearing five court days after the petition is filed, in which case the court shall set the matter for hearing as soon as possible. At the hearing, the court shall determine whether the caretaker has met the threshold criteria to be designated as a prospective adoptive parent pursuant to paragraph (1), and whether the proposed removal of the child from the home of the designated prospective adoptive parent is in the childs best interest, and the child may not be removed from the home of the designated prospective adoptive parent unless the court finds that removal is in the childs best interest. If the court determines that the caretaker did not meet the threshold criteria to be designated as a prospective adoptive parent on the date of service of the notice of proposed removal of the child, the petition objecting to the proposed removal filed by the caretaker shall be dismissed. If the caretaker was designated as a prospective adoptive parent prior to this hearing, the court shall inquire into any progress made by the caretaker towards the adoption of the child since the caretaker was designated as a prospective adoptive parent.
(C)A determination by the court that the caretaker is a designated prospective adoptive parent pursuant to paragraph (1) or subparagraph (B) does not make the caretaker a party to the dependency proceeding nor does it confer on the caretaker any standing to object to any other action of the department, county adoption agency, or licensed adoption agency, unless the caretaker has been declared a de facto parent by the court prior to the notice of removal served pursuant to paragraph (3).
(D)If a petition objecting to the proposal to remove the child is not filed, and the court, upon its own motion, does not set a hearing, the child may be removed from the home of the designated prospective adoptive parent without a hearing.
(4)Notwithstanding paragraph (3), if the State Department of Social Services, county adoption agency, or licensed adoption agency determines that the child must be removed from the home of the caretaker who is or may be a designated prospective adoptive parent immediately, due to a risk of physical or emotional harm, the agency may remove the child from that home and is not required to provide notice prior to the removal. However, as soon as possible and not longer than two court days after the removal, the agency shall notify the court, the caretaker who is or may be a designated prospective adoptive parent, the childs attorney, and the child, if the child is 10 years of age or older, of the removal. Within five court days or seven calendar days, whichever is longer, of the date of notification of the removal, the child, the childs attorney, or the caretaker who is or may be a designated prospective adoptive parent may petition for, or the court on its own motion may set, a noticed hearing pursuant to paragraph (3). The court may, for good cause, extend the filing period.
(5)Except as provided in subdivision (b) of Section 366.28, an order by the court issued after a hearing pursuant to this subdivision shall not be appealable.
(6)Nothing in this section shall preclude a county child protective services agency from fully investigating and responding to alleged abuse or neglect of a child pursuant to Section 11165.5 of the Penal Code.
(7)The Judicial Council shall prepare forms to facilitate the filing of the petitions described in this subdivision, which shall become effective on January 1, 2006.
SEC. 135.Section 387 of the Welfare and Institutions Code is amended to read:387.(a)An order changing or modifying a previous order by removing a child from the physical custody of a parent, guardian, relative, or friend and directing placement in a foster home, or commitment to a private or county institution, shall be made only after noticed hearing upon a supplemental petition.
(b)The supplemental petition shall be filed by the social worker in the original matter and shall contain a concise statement of facts sufficient to support the conclusion that the previous disposition has not been effective in the rehabilitation or protection of the child or, in the case of a placement with a relative, sufficient to show that the placement is not appropriate in view of the criteria in Section 361.3.
(c)Notwithstanding subdivision (a), dependency jurisdiction shall be resumed for a child as to whom dependency jurisdiction has been suspended pursuant to Section 366.5 if the jurisdiction established pursuant to Section 601 or 602 is terminated and if, after the issuance of a joint assessment pursuant to Section 366.5, the court determines that the courts dependency jurisdiction should be resumed.
(d)Upon the filing of the supplemental petition, the clerk of the juvenile court shall immediately set the same for hearing within 30 days, and the social worker shall cause notice thereof to be served upon the persons and in the manner prescribed by Sections 290.1 and 291. 291, except that service under this subdivision may be delivered by electronic service pursuant to Section 212.5.
(e)An order for the detention of the child pending adjudication of the petition may be made only after a hearing is conducted pursuant to Article 7 (commencing with Section 305).
SEC. 136.Section 607.2 of the Welfare and Institutions Code is amended to read:607.2.(a)(1)On and after January 1, 2012, the court shall hold a hearing prior to terminating jurisdiction over a ward who satisfies any of the following criteria:
(1)(A)Is a minor subject to an order for foster care placement described in Section 11402 as a ward who has not previously been subject to the jurisdiction of the court as a result of a petition filed pursuant to Section 325.
(2)(B)Is a nonminor who was subject to an order for foster care placement described in Section 11402 as a ward on the day he or she attained 18 years of age.
(3)(C)Is a ward who was subject to an order for foster care placement described in Section 11402 as a dependent of the court at the time the court adjudged the child to be a ward of the court under Section 725.
(2)The notice of hearing under this subdivision may be served electronically pursuant to Section 212.5.
(b)At a hearing during which termination of jurisdiction over a ward described in subdivision (a) is being considered, the court shall take one of the following actions:
(1)Modify its jurisdiction from delinquency jurisdiction to transition jurisdiction, if the court finds the ward is a person described in Section 450.
(2)(A)For a ward who was not previously subject to the jurisdiction of the court as a result of a petition filed pursuant to Section 325, order the probation department or the wards attorney to submit an application to the child welfare services department pursuant to Section 329 to declare the minor a dependent of the court and modify the courts jurisdiction from delinquency jurisdiction to dependency jurisdiction, if the court finds all of the following:
(i)The ward is a minor.
(ii)The ward does not come within the description in Section 450, but jurisdiction as a ward may no longer be required.
(iii)The ward appears to come within the description of Section 300 and cannot be returned home safely.
(B)The court shall set a hearing within 20 judicial days of the date of the order described in subparagraph (A) to review the child welfare services departments decision and may either affirm its decision not to file a petition pursuant to Section 300 or order the child welfare services department to file a petition pursuant to Section 300. The notice of hearing under this subparagraph may be served electronically pursuant to Section 212.5.
(3)Vacate the order terminating jurisdiction over the minor as a dependent of the court, resume jurisdiction pursuant to Section 300 based on the prior petition filed pursuant to Section 325, and terminate the courts jurisdiction over the minor as a ward, if the minor was subject to an order for foster care placement described in Section 11402 as a dependent of the court at the time the court adjudged the minor to be a ward and assumed jurisdiction over the minor under Section 725.
(4)Continue its delinquency jurisdiction over a ward pursuant to Section 303 as a nonminor dependent, as defined in subdivision (v) of Section 11400, who is eligible to remain in foster care pursuant to Section 11403, if the ward is a nonminor and the court did not modify its jurisdiction as described in Section 450, unless the court finds that after reasonable and documented efforts, the ward cannot be located or does not wish to become a nonminor dependent. In making this finding and prior to entering an order terminating its delinquency jurisdiction, the court shall ensure that the ward has had an opportunity to confer with his or her counsel and has been informed of his or her options, including the right to reenter foster care placement by completing a voluntary reentry agreement as described in subdivision (z) of Section 11400 and to file a petition pursuant to subdivision (e) of Section 388 for the court to assume or resume transition jurisdiction over him or her pursuant to Section 450. The fact that a ward declines to be a nonminor dependent does not restrict the authority of the court to maintain delinquency jurisdiction pursuant to Section 607.
(5)Continue its delinquency jurisdiction.
(6)Terminate its delinquency jurisdiction if the ward does not come within the provisions of paragraphs (1) to (4), inclusive.
(c)If the court modifies jurisdiction, its order shall comply with the requirements of subdivision (f) of Section 241.1.
(d)This section shall not be construed as changing the requirements of Section 727.2 or 727.3 with respect to reunification of minors with their families or the establishment of an alternative permanent plan for minors for whom reunification is not pursued.
SEC. 137.Section 630 of the Welfare and Institutions Code is amended to read:630.(a)If the probation officer determines that the minor shall be retained in custody, he or she shall immediately proceed in accordance with Article 16 (commencing with Section 650) to cause the filing of a petition pursuant to Section 656 with the clerk of the juvenile court who shall set the matter for hearing on the detention calendar. Immediately upon filing the petition with the clerk of the juvenile court, if the minor is alleged to be a person described in Section 601 or 602, the probation officer or the prosecuting attorney, as the case may be, attorney shall serve such the minor with a copy of the petition and notify him or her of the time and place of the detention hearing. The probation officer, officer or the prosecuting attorney, as the case may be, attorney shall thereupon notify each parent or each guardian of the minor of the time and place of such the hearing if the whereabouts of each parent or guardian can be ascertained by due diligence. Such notice Notice pursuant to this subdivision may be given orally. orally and shall not be delivered electronically.
(b)In such a hearing conducted pursuant to this section, the minor has a privilege against self-incrimination and has a right to confrontation by, and cross-examination of, any person examined by the court as provided in Section 635.
SEC. 138.Section 658 of the Welfare and Institutions Code is amended to read:658.(a)Except as provided in subdivision (b), upon the filing of the petition, the clerk of the juvenile court shall issue a notice, to which shall be attached a copy of the petition, and he or she shall cause the same to be served upon the minor, if the minor is eight or more years of age, and upon each of the persons described in subdivision (e) of Section 656 whose residence addresses are set forth in the petition and thereafter before the hearing upon all persons whose residence addresses become known to the clerk. If the court has ordered the care, custody, and control of the minor to be under the supervision of the probation officer for foster care placement pursuant to subdivision (a) of Section 727, the clerk shall also issue a copy of that notice to any foster parents, preadoptive parents, legal guardians or relatives providing care to the minor. The clerk shall issue a copy of the petition, to the minors attorney and to 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. Service under this subdivision may be by electronic service pursuant to Section 212.5, except that electronic service is not authorized if the minor is detained and those persons entitled to notice are not present at the initial detention hearing.
(b)Upon the filing of a supplemental petition where the minor has been declared a ward of the court or a probationer under Section 602 in the original matter, the clerk of the juvenile court shall issue a notice, to which shall be attached a copy of the petition, and he or she shall cause the notice to be served upon the minor, if the minor is eight or more years of age, and upon each of the persons described in subdivision (e) of Section 656 whose residence addresses are set forth in the supplemental petition and thereafter known to the clerk. The clerk shall issue a copy of the supplemental petition to the minors attorney, and to the district attorney if the probation officer is the petitioner, or, to the probation officer if the district attorney is the petitioner, containing the time, date, and place of the hearing. If the court has ordered the care, custody, and control of the minor to be under the supervision of the probation officer for foster care placement pursuant to subdivision (a) of Section 727, the clerk shall also issue a copy of that notice to any foster parents, preadoptive parents, legal guardians, or relatives providing care to the minor. Service under this subdivision may be by electronic service pursuant to Section 212.5.
SEC. 139.Section 660 of the Welfare and Institutions Code is amended to read:660.(a)Except as provided in subdivision (b), if the minor is detained, the clerk of the juvenile court shall cause the notice and copy of the petition to be served on all persons required to receive that notice and copy of the petition pursuant to subdivision (e) of Section 656 and Section 658, either personally or by certified mail with request for return receipt, as soon as possible after filing of the petition and at least five days prior to before the time set for hearing, unless the hearing is set less than five days from the filing of the petition, in which case, the notice and copy of the petition shall be served at least 24 hours prior to before the time set for hearing. Service under this subdivision shall not be made by electronic service.
(b)If the minor is detained, and all persons entitled to notice pursuant to subdivision (e) of Section 656 and Section 658 were present at the detention hearing, the clerk of the juvenile court shall cause the notice and copy of the petition to be served on all persons required to receive the notice and copy of the petition, either personally or by personal service, by first-class mail, or by electronic service pursuant to Section 212.5, as soon as possible after the filing of the petition and at least five days prior to before the time set for hearing, unless the hearing is set less than five days from the filing of the petition, in which case the notice and copy of the petition shall be served at least 24 hours prior to before the time set for the hearing. Service under this subdivision may be by electronic service pursuant to Section 212.5 except that electronic service is not authorized if the minor is detained and those persons entitled to notice are not present at the detention hearing.
(c)If the minor is not detained, the clerk of the juvenile court shall cause the notice and copy of the petition to be served on all persons required to receive the notice and copy of the petition, either personally or by personal service, by first-class mail, or by electronic service pursuant to Section 212.5 at least 10 days prior to before the time set for hearing. If that person is known to reside outside of the county, the clerk of the juvenile court shall mail serve the notice and copy of the petition, by first-class mail, mail or by electronic service pursuant to Section 212.5, 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 shall in no way result in arrest or detention. In the instance of failure to appear after notice by first-class mail, mail or by electronic service pursuant to Section 212.5, the court shall direct that the notice and copy of the petition is to be personally served on all persons required to receive the notice and a copy of the petition. However, if the whereabouts of the minor are unknown, personal service of the notice and a copy of the petition is not required and a warrant for the arrest of the minor may be issued pursuant to Section 663. 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. mail or electronic service. 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)For purposes of this section, service on the minors attorney shall constitute service on the minors parent or legal guardian.
SEC. 140.Section 661 of the Welfare and Institutions Code is amended to read:661.(a)In addition to the notice provided in Sections 658 and 659, the juvenile court may issue its a citation directing any parent, guardian, or foster parent of the person concerning whom a petition has been filed to appear at the time and place set for any hearing or financial evaluation under the provisions of this chapter, including a hearing under the provisions of Section 257, and directing any person having custody or control of the minor concerning whom the petition has been filed to bring the minor with him or her. The
(b)The notice shall in addition state that a parent, guardian, or foster parent may be required to participate in a counseling or education program with the minor concerning whom the petition has been filed. If
(c)If the proceeding is one alleging that the minor comes within the provisions of Section 601, the notice shall in addition contain notice to the parent, guardian, or other person having control or charge of the minor that failure to comply with the compulsory school attendance laws is an infraction, which may be charged and prosecuted before the juvenile court judge sitting as a superior court judge. In those cases, the notice shall also include notice that the parent, guardian, or other person having control or charge of the minor has the right to a hearing on the infraction before a judge different than the judge who has heard or is to hear the proceeding pursuant to Section 601. The notice shall also explain the provisions of Section 170.6 of the Code of Civil Procedure. Personal
(d)Personal service of the citation shall be made at least 24 hours before the time stated therein for the appearance. The citation may also be electronically served pursuant to Section 212.5, but only in addition to service by other forms of service required by law.
SEC. 141.Section 727.4 of the Welfare and Institutions Code is amended to read:727.4.(a)(1)Notice of any hearing pursuant to Section 727, 727.2, or 727.3 shall be mailed served by the probation officer to the minor, the minors parent or guardian, any adult provider of care to the minor including, but not limited to, foster parents, relative caregivers, preadoptive parents, resource family, community care facility, or foster family agency, and to the counsel of record if the counsel of record was not present at the time that the hearing was set by the court, by first-class mail addressed to the last known address of the person to be notified, or shall be personally served by personal service on those persons, or by electronic service pursuant to Section 212.5, not earlier than 30 days nor later than 15 days preceding the date of the hearing. The notice shall contain a statement regarding the nature of the status review or permanency planning hearing and any change in the custody or status of the minor being recommended by the probation department. The notice shall also include a statement informing the foster parents, relative caregivers, or preadoptive parents that he or she may attend all hearings or may submit any information he or she deems relevant to the court in writing. The foster parents, relative caregiver, and preadoptive parents are entitled to notice and opportunity to be heard but need not be made parties to the proceedings. Proof of notice shall be filed with the court.
(2)If the court or probation officer knows or has reason to know that the minor is or may be an Indian child, any notice sent under this section shall comply with the requirements of Section 224.2.
(b)At least 10 calendar days prior to before each status review and permanency planning hearing, after the hearing during which the court orders that the care, custody, and control of the minor to be under the supervision of the probation officer for placement pursuant to subdivision (a) of Section 727, the probation officer shall file a social study report with the court, pursuant to the requirements listed in Section 706.5.
(c)The probation department shall inform the minor, the minors parent or guardian, and all counsel of record that a copy of the social study prepared for the hearing will be available 10 days prior to before the hearing and may be obtained from the probation officer.
(d)As used in Article 15 (commencing with Section 625) to Article 18 (commencing with Section 725), inclusive:
(1)Foster care means residential care provided in any of the settings described in Section 11402 or 11402.01.
(2)At risk of entering foster care means that conditions within a minors family may necessitate his or her entry into foster care unless those conditions are resolved.
(3)Preadoptive parent means a licensed foster parent who has been approved for adoption by the State Department of Social Services when it is acting as an adoption agency or by a licensed adoption agency.
(4)Date of entry into foster care means the date that is 60 days after the date on which the minor was removed from his or her home, unless one of the exceptions below applies:
(A)If the minor is detained pending foster care placement, and remains detained for more than 60 days, then the date of entry into foster care means the date the court adjudges the minor a ward and orders the minor placed in foster care under the supervision of the probation officer.
(B)If, before the minor is placed in foster care, the minor is committed to a ranch, camp, school, or other institution pending placement, and remains in that facility for more than 60 days, then the date of entry into foster care is the date the minor is physically placed in foster care.
(C)If at the time the wardship petition was filed, the minor was a dependent of the juvenile court and in out-of-home placement, then the date of entry into foster care is the earlier of the date the juvenile court made a finding of abuse or neglect, or 60 days after the date on which the child was removed from his or her home.
(5)Reasonable efforts means:
(A)Efforts made to prevent or eliminate the need for removing the minor from the minors home.
(B)Efforts to make it possible for the minor to return home, including, but not limited to, case management, counseling, parenting training, mentoring programs, vocational training, educational services, substance abuse treatment, transportation, and therapeutic day services.
(C)Efforts to complete whatever steps are necessary to finalize a permanent plan for the minor.
(D)In child custody proceedings involving an Indian child, reasonable efforts shall also include active efforts as defined in Section 361.7.
(6)Relative means an adult who is related to the minor by blood, adoption, or affinity within the fifth degree of kinship including stepparents, stepsiblings, and all relatives whose status is preceded by the words great, great-great, grand, or the spouse of any of these persons even if the marriage was terminated by death or dissolution. Relative shall also include an extended family member as defined in the federal Indian Child Welfare Act (25 U.S.C. Sec. 1903(2)).
(7)Hearing means a noticed proceeding with findings and orders that are made on a case-by-case basis, heard by either of the following:
(A)A judicial officer, in a courtroom, recorded by a court reporter.
(B)An administrative panel, provided that the hearing is a status review hearing and that the administrative panel meets the following conditions:
(i)The administrative review shall be open to participation by the minor and parents or legal guardians and all those persons entitled to notice under subdivision (a).
(ii)The minor and his or her parents or legal guardians receive proper notice as required in subdivision (a).
(iii)The administrative review panel is composed of persons appointed by the presiding judge of the juvenile court, the membership of which shall include at least one person who is not responsible for the case management of, or delivery of services to, the minor or the parents who are the subjects of the review.
(iv)The findings of the administrative review panel shall be submitted to the juvenile court for the courts approval and shall become part of the official court record.
SEC. 142.Section 728 of the Welfare and Institutions Code is amended to read:728.(a)The juvenile court may terminate or modify a guardianship of the person of a minor previously established under the Probate Code, or appoint a coguardian or successor guardian of the person of the minor, if the minor is the subject of a petition filed under Section 300, 601, or 602. If the probation officer supervising the minor provides information to the court regarding the minors present circumstances and makes a recommendation to the court regarding a motion to terminate or modify a guardianship established in any county under the Probate Code, or to appoint a coguardian or successor guardian, of the person of a minor who is before the juvenile court under a petition filed under Section 300, 601, or 602, the court shall order the appropriate county department, or the district attorney or county counsel, to file the recommended motion. The motion may also be made by the guardian or the minors attorney. The hearing on the motion may be held simultaneously with any regularly scheduled hearing held in proceedings to declare the minor a dependent child or ward of the court, or at any subsequent hearing concerning the dependent child or ward. Notice requirements of Section 294 shall apply to the proceedings in juvenile court under this subdivision.
(b)If the juvenile court decides to terminate or modify a guardianship previously established under the Probate Code pursuant to subdivision (a), the juvenile court shall provide notice of that decision to the court in which the guardianship was originally established. The clerk of the superior court, upon receipt of the notice, shall file the notice with other documents and records of the pending proceeding and send deliver by first-class mail or by electronic service pursuant to Section 1215 of the Probate Code a copy of the notice to all parties of record in the superior court.
(c)If, at any time during the period a minor under the age of 18 years is a ward of the juvenile court, the probation officer supervising the minor recommends to the court that the court establish a guardianship of the person of the minor and appoint a specific adult to act as guardian, or on the motion of the minors attorney, or on the order of the court that a guardianship shall be established as the minors permanent plan pursuant to paragraph (4) of subdivision (b) of Section 727.3, the court shall set a hearing to consider the recommendation or motion and shall order the clerk to notice the minors parents and relatives as required in Section 294. If the motion is not made by the minors attorney, the court may appoint the district attorney or county counsel to prosecute the action.
(d)The procedures for appointment of a guardian shall be conducted exclusively pursuant to Section 366.26, except that subdivision (j) of Section 366.26 shall not apply.
(e)Upon the appointment of a guardian pursuant to subdivision (d), the court may continue wardship and conditions of probation, or may terminate the wardship of the minor.
(f)Notwithstanding Section 1601 of the Probate Code, the proceedings to modify or terminate a guardianship granted under this section shall be held in the juvenile court unless the termination is due to the emancipation or adoption of the minor.
(g)The Judicial Council shall develop rules of court and adopt appropriate forms for the findings and orders under this section.
SEC. 143.Section 777 of the Welfare and Institutions Code is amended to read:777.An order changing or modifying a previous order by removing a minor from the physical custody of a parent, guardian, relative, or friend and directing placement in a foster home, or commitment to a private institution or commitment to a county institution, or an order changing or modifying a previous order by directing commitment to the Youth Authority shall be made only after a noticed hearing.
(a)The notice shall be made as follows:
(1)By the probation officer where a minor has been declared a ward of the court or a probationer under Section 601 in the original matter and shall contain a concise statement of facts sufficient to support the conclusion that the minor has violated an order of the court.
(2)By the probation officer or the prosecuting attorney if the minor is a court ward or probationer under Section 602 in the original matter and the notice alleges a violation of a condition of probation not amounting to a crime. The notice shall contain a concise statement of facts sufficient to support this conclusion.
(3)Where the probation officer is the petitioner pursuant to paragraph (2), prior to the attachment of jeopardy at the time of the jurisdictional hearing the prosecuting attorney may make a motion to dismiss the notice and may request that the matter be referred to the probation officer for whatever action the prosecuting or probation officer may deem appropriate.
(b)Upon the filing of such notice, the clerk of the juvenile court shall immediately set the same for hearing within 30 days, and the probation officer shall cause notice of it to be served upon the persons and in the manner prescribed by Sections 658 and 660. Service under this subdivision may be by electronic service pursuant to Section 212.5.
(c)The facts alleged in the notice shall be established by a preponderance of the evidence at a hearing to change, modify, or set aside a previous order. The court may admit and consider reliable hearsay evidence at the hearing to the same extent that such evidence would be admissible in an adult probation revocation hearing, pursuant to the decision in People v. Brown, 215 Cal.App.3d (1989) and any other relevant provision of law.
(d)An order for the detention of the minor pending adjudication of the alleged violation may be made only after a hearing is conducted pursuant to Article 15 (commencing with Section 625) of this chapter. Service under this subdivision may be by electronic service pursuant to Section 212.5, but only in addition to other forms of service required by law.
SEC. 144.Section 778 of the Welfare and Institutions Code is amended to read:778.(a)(1)Any parent or other person having an interest in a child who is a ward of the juvenile court or the child himself or herself through a properly appointed guardian may, upon grounds of change of circumstance or new evidence, petition the court in the same action in which the child was found to be a ward of the juvenile court for a hearing to change, modify, or set aside any order of court previously made or to terminate the jurisdiction of the court. The petition shall be verified and, if made by a person other than the child, shall state the petitioners relationship to or interest in the child and shall set forth in concise language any change of circumstance or new evidence which are alleged to require such change of order or termination of jurisdiction.
(2)If it appears that the best interests of the child may be promoted by the proposed change of order or termination of jurisdiction, the court shall order that a hearing be held and shall give prior notice, or cause prior notice to be given, to such persons and by such means as prescribed by Sections 776 and 779, by electronic service pursuant to Section 212.5, and, in such instances as the means of giving notice is not prescribed by such sections, then by such means as the court prescribes.
(b)(1)Any person, including a ward, a transition dependent, or a nonminor dependent of the juvenile court, may petition the court to assert a relationship as a sibling related by blood, adoption, or affinity through a common legal or biological parent to a child who is, or is the subject of a petition for adjudication as, a ward of the juvenile court, and may request visitation with the ward, placement with or near the ward, or consideration when determining or implementing a case plan or permanent plan for the ward.
(2)A ward, transition dependent, or nonminor dependent of the juvenile court may petition the court to assert a relationship as a sibling related by blood, adoption, or affinity through a common legal or biological parent to a child who is in the physical custody of a common legal or biological parent, and may request visitation with the nondependent sibling in parental custody.
(3)Pursuant to subdivision (b) of Section 16002, a request for sibling visitation may be granted unless it is determined by the court that sibling visitation is contrary to the safety and well-being of any of the siblings.
(4)The court may appoint a guardian ad litem to file the petition for a ward asserting a sibling relationship pursuant to this subdivision if the court determines that the appointment is necessary for the best interests of the ward. The petition shall be verified and shall set forth the following:
(A)Through which parent he or she is related to the sibling.
(B)Whether he or she is related to the sibling by blood, adoption, or affinity.
(C)The request or order that the petitioner is seeking.
(D)Why that request or order is in the best interest of the ward.
SEC. 145.Section 779 of the Welfare and Institutions Code is amended to read:779.The court committing a ward to the Youth Authority may thereafter change, modify, or set aside the order of commitment. Ten days notice of the hearing of the application therefor shall be served by United States mail upon the Director of the Youth Authority. In changing, modifying, or setting aside the order of commitment, the court shall give due consideration to the effect thereof upon the discipline and parole system of the Youth Authority or of the correctional school in which the ward may have been placed by the Youth Authority. Except as provided in this section, nothing in this chapter shall be deemed to interfere with the system of parole and discharge now or hereafter established by law, or by rule of the Youth Authority, for the parole and discharge of wards of the juvenile court committed to the Youth Authority, or with the management of any school, institution, or facility under the jurisdiction of the Youth Authority. Except as provided in this section, this chapter does not interfere with the system of transfer between institutions and facilities under the jurisdiction of the Youth Authority. This section does not limit the authority of the court to change, modify, or set aside an order of commitment after a noticed hearing and upon a showing of good cause that the Youth Authority is unable to, or failing to, provide treatment consistent with Section 734.
However, before any inmate of a correctional school may be transferred to a state hospital, he or she shall first be returned to a court of competent jurisdiction and, after hearing, may be committed to a state hospital for the insane in accordance with law.
SEC. 146.Section 785 of the Welfare and Institutions Code is amended to read:785.(a)Where a minor is a ward of the juvenile court, the wardship did not result in the minors commitment to the Youth Authority, and the minor is found not to be a fit and proper subject to be dealt with under the juvenile court law with respect to a subsequent allegation of criminal conduct, any parent or other person having an interest in the minor, or the minor, through a properly appointed guardian, the prosecuting attorney, or probation officer, may petition the court in the same action in which the minor was found to be a ward of the juvenile court for a hearing for an order to terminate or modify the jurisdiction of the juvenile court. The court shall order that a hearing be held and shall give prior notice, or cause prior notice to be given, to those persons and by the means prescribed by Sections 776 and 779, by electronic service pursuant to Section 212.5, or where the means of giving notice is not prescribed by those sections, then by such means as the court prescribes.
(b)The petition shall be verified and shall state why jurisdiction should be terminated or modified in concise language.
(c)In determining whether or not the wardship shall terminate or be modified, the court shall be guided by the policies set forth in Section 202.
(d)In addition to its authority under this chapter, the Judicial Council shall adopt rules providing criteria for the consideration of the juvenile court in determining whether or not to terminate or modify jurisdiction pursuant to this section.
SEC. 147.Section 903.45 of the Welfare and Institutions Code is amended to read:903.45.(a)The board of supervisors may designate a county financial evaluation officer pursuant to Section 27750 of the Government Code to make financial evaluations of liability for reimbursement pursuant to Sections 207.2, 903, 903.1, 903.2, 903.25, 903.3, and 903.5, and other reimbursable costs allowed by law, as set forth in this section.
(b)In a county where a board of supervisors has designated a county financial evaluation officer, the juvenile court shall, at the close of the disposition hearing, order any person liable for the cost of support, pursuant to Section 903, the cost of legal services as provided for in Section 903.1, probation costs as provided for in Section 903.2, or any other reimbursable costs allowed under this code, to appear before the county financial evaluation officer for a financial evaluation of his or her ability to pay those costs. If the responsible person is not present at the disposition hearing, the court shall cite him or her to appear for a financial evaluation. In the case of a parent, guardian, or other person assessed for the costs of transport, food, shelter, or care of a minor under Section 207.2 or 903.25, the juvenile court shall, upon request of the county probation department, order the appearance of the parent, guardian, or other person before the county financial evaluation officer for a financial evaluation of his or her ability to pay the costs assessed.
If the county financial evaluation officer determines that a person so responsible has the ability to pay all or part of the costs, the county financial evaluation officer shall petition the court for an order requiring the person to pay that sum to the county or court, depending on which entity incurred the expense. If the parent or guardian is liable for costs for legal services pursuant to Section 903.1, the parent or guardian has been reunified with the child pursuant to a court order, and the county financial evaluation officer determines that repayment of the costs would harm the ability of the parent or guardian to support the child, then the county financial evaluation officer shall not petition the court for an order of repayment, and the court shall not make that order. In addition, if the parent or guardian is currently receiving reunification services, and the court finds, or the county financial officer determines, that repayment by the parent or guardian will pose a barrier to reunification with the child because it will limit the ability of the parent or guardian to comply with the requirements of the reunification plan or compromise the parents or guardians current or future ability to meet the financial needs of the child, or in any case in which the court finds that the repayment would be unjust under the circumstances of the case, then the county financial evaluation officer shall not petition the court for an order of repayment, and the court shall not order repayment by the parent or guardian. In evaluating a persons ability to pay under this section, the county financial evaluation officer and the court shall take into consideration the familys income, the necessary obligations of the family, and the number of persons dependent upon this income. A person appearing for a financial evaluation has the right to dispute the county financial evaluation officers determination, in which case he or she is entitled to a hearing before the juvenile court. The county financial evaluation officer, at the time of the financial evaluation, shall advise the person of his or her right to a hearing and of his or her rights pursuant to subdivision (c).
At the hearing, a person responsible for costs is entitled to have, but shall not be limited to, the opportunity to be heard in person, to present witnesses and other documentary evidence, to confront and cross-examine adverse witnesses, to disclosure of the evidence against him or her, and to receive a written statement of the findings of the court. The person has the right to be represented by counsel, and, if the person is unable to afford counsel, the right to appointed counsel. If the court determines that the person has the ability to pay all or part of the costs, including the costs of any counsel appointed to represent the person at the hearing, the court shall set the amount to be reimbursed and order him or her to pay that sum to the county or court, depending on which entity incurred the expense, in a manner in which the court believes reasonable and compatible with the persons financial ability.
If the person, after having been ordered to appear before the county financial evaluation officer, has been given proper notice and fails to appear as ordered, the county financial evaluation officer shall recommend to the court that the person be ordered to pay the full amount of the costs. Proper notice to the person shall contain all of the following:
(1)That the person has a right to a statement of the costs as soon as it is available.
(2)The persons procedural rights under Section 27755 of the Government Code.
(3)The time limit within which the persons appearance is required.
(4)A warning that if the person fails to appear before the county financial evaluation officer, the officer will recommend that the court order the person to pay the costs in full.
If the county financial evaluation officer determines that the person has the ability to pay all or a portion of these costs, with or without terms, and the person concurs in this determination and agrees to the terms of payment, the county financial evaluation officer, upon his or her written evaluation and the persons written agreement, shall petition the court for an order requiring the person to pay that sum to the county or the court in a manner that is reasonable and compatible with the persons financial ability. This order may be granted without further notice to the person, provided that a copy of the order is served on the person by mail. mail or by electronic means pursuant to Section 212.5.
However, if the county financial evaluation officer cannot reach an agreement with the person with respect to either the liability for the costs, the amount of the costs, the persons ability to pay the costs, or the terms of payment, the matter shall be deemed in dispute and referred by the county financial evaluation officer back to the court for a hearing.
(c)At any time prior to the satisfaction of a judgment entered pursuant to this section, a person against whom the judgment was entered may petition the rendering court to modify or vacate the judgment on the basis of a change in circumstances relating to his or her ability to pay the judgment.
(d)Execution may be issued on the order in the same manner as on a judgment in a civil action, including any balance remaining unpaid at the termination of the courts jurisdiction over the minor.
SEC. 148.Section 5362 of the Welfare and Institutions Code is amended to read:5362.(a)The clerk of the superior court shall notify each conservator, his or her conservatee and the person in charge of the facility in which the person resides, and the conservatees attorney, at least 60 days before the termination of the one-year period. If the conservator is a private party, the clerk of the superior court shall also notify the mental health director and the county officer providing conservatorship investigation pursuant to Section 5355, at least 60 days before the termination of the one-year period. Notification shall be given in person or by first-class mail. delivered pursuant to Section 1215 of the Probate Code. The notification shall be in substantially the following form:
In the Superior Court of the State of California | |
The people of the State of California | No.____ |
Concerning | Notice of Termination |
of Conservatorship | |
The people of the State of California to : | |
(conservatee, conservatees attorney, conservator, and professional person in charge of the facility in which the conservatee resides, county mental health director, and county officer providing conservatorship investigation.) | |
The one-year conservatorship established for ____ pursuant to
Welfare and Institutions Code Section ____ on ____ will
terminate on ____. If the conservator, ____, wishes to
reestablish conservatorship for another year he or she must petition
the court by ____. Subject to a request for a court hearing by jury
trial the judge may, on his or her own motion, accept or reject the
conservators petition.
If the conservator petitions to reestablish conservatorship the
conservatee, the professional person in charge of the facility in which
he or she resides, the conservatees attorney, and, if the conservator
is a private party, the county mental health director and the county
officer providing conservatorship investigation shall be notified. If
any of them request it, there shall be a court hearing or a jury trial,
whichever is requested, on the issue of whether the conservatee is
still gravely disabled and in need of conservatorship. If the private
conservator does not petition for reappointment, the county officer
providing conservatorship investigation may recommend another
conservator. Such a petition shall be considered a petition for
reappointment as conservator.
Clerk of the Superior Court by Deputy |
(b)Subject to a request for a court hearing or jury trial, the judge may, on his or her own motion, accept or reject the conservators petition.
If the conservator does not petition to reestablish conservatorship at or before the termination of the one-year period, the court shall issue a decree terminating conservatorship. The decree shall be sent delivered to the conservator and his or her conservatee by first-class mail pursuant to Section 1215 of the Probate Code and shall be accompanied by a statement of California law as set forth in Section 5368.
|
Date
|
Status
|
|---|---|
| Sep 27, 2017 | Chaptered by Secretary of State - Chapter 319, Statutes of 2017. |
| Sep 27, 2017 | Approved by the Governor. |
| Sep 21, 2017 | Enrolled and presented to the Governor at 3:30 p.m. |
| Sep 13, 2017 | Assembly Rule 77(a) suspended. |
| Sep 13, 2017 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 15 pursuant to Assembly Rule 77. |
| Sep 12, 2017 | Read third time. Passed. Ordered to the Assembly. |
| Sep 11, 2017 | Read second time. Ordered to third reading. |
| Sep 7, 2017 | Read third time and amended. Ordered to second reading. |
| Jul 18, 2017 | Read second time. Ordered to third reading. |
| Jul 17, 2017 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8. |
| Jul 11, 2017 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR. |
| Jun 28, 2017 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 6. Noes 0.) (June 27). Re-referred to Com. on APPR. |
| Jun 15, 2017 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD. |
| May 24, 2017 | Referred to Com. on JUD. |
| May 11, 2017 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 11, 2017 | Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 1489.) |
| May 4, 2017 | Read second time. Ordered to Consent Calendar. |
| May 3, 2017 | From committee: Do pass. To Consent Calendar. (Ayes 16. Noes 0.) (May 3). |
| Apr 24, 2017 | Re-referred to Com. on APPR. |
| Apr 20, 2017 | Read second time and amended. |
| Apr 19, 2017 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 11. Noes 0.) (April 18). |
| Apr 3, 2017 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Mar 2, 2017 | Referred to Com. on JUD. |
| Feb 17, 2017 | From printer. May be heard in committee March 19. |
| Feb 16, 2017 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 13, 2017 | AB 976 Berman Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Sep 12, 2017 | Assembly 3rd Reading AB976 Berman By Jackson | Senate Floor |
Passed |
|
| Jun 27, 2017 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Judiciary |
Passed |
|
| May 11, 2017 | AB 976 BERMAN Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| May 3, 2017 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 18, 2017 | Do pass as amended, and be re-referred to the Committee on [Appropriations] with recommendation: 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 Association Of Legal Support Professionals | ** Support | Sep 9, 2017 |
| California Defense Counsel | ** Support | Sep 9, 2017 |
| California District Attorneys Association | ** Support | Sep 9, 2017 |
| California Judges Association | ** Support | Sep 9, 2017 |
| Coalition for Improving Court Access | ** Support | Sep 9, 2017 |
| Consumer Attorneys Of California | ** Support | Sep 9, 2017 |
| County Welfare Directors Association of California | ** Support | Sep 9, 2017 |
| disability rights center | ** Support | Sep 9, 2017 |
| Judicial Council | ** Support | Sep 9, 2017 |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 976
Author:(Berman)
As Amended Ver:September 7, 2017
Majority vote
ASSEMBLY: | 77-0 | (May 11, 2017) | SENATE: | 40-0 | (September 12, 2017) |
Original Committee Reference: JUD.
SUMMARY: Expands permissive electronic filing and service to other case types and clarifies rules about electronic filing and service relating to electronic signatures, timing, notice, and transmission. Specifically, this bill:
- Provides that electronic service of the document, as provided, is not authorized unless a party or other person has expressly consented to receive electronic service in that specific action or the court has ordered electronic service on a represented party.
- Provides that express consent to electronic service may be accomplished either by (1) serving a notice on all the parties and filing the notice with the court, or (2) manifesting affirmative consent through electronic means with the court or the court’s electronic filing service provider, and concurrently providing the party's electronic address with that consent for the purpose of receiving electronic service. This applies to cases filed on or after January 1, 2019.
- Establishes that the act of electronic filing does not amount to express consent.
- Provides that if a document is required to be served by certified or registered mail, electronic service of the document is not authorized.
- Clarifies that if a document may be served by mail, express mail, overnight delivery, or facsimile transmission, electronic service of that document is deemed complete at the time of the electronic transmission of the document or at the time that the electronic notification of service of the document is sent.
- Establishes that any document that is served electronically between 12:00 a.m. and 11:59:59 p.m. on a court day shall be deemed served on that court day. Any document that is served electronically on a noncourt day shall be deemed served on the next court day.
- Provides that a party or other person who has provided express consent to accept service electronically may withdraw consent at any time by completing and filing with the court the appropriate Judicial Council form. Requires the Judicial Council to create such a form by January 1, 2019.
- Provides that consent or the withdrawal of consent to receive electronic service may only be completed by a party or other person entitled to service, or that person's attorney.
- Provides that confidential or sealed records shall be electronically served through encrypted methods to ensure that these documents are not improperly disclosed.
- Specifies that when a document to be filed requires the signature to be under penalty of perjury, the document shall be deemed to have been signed under penalty of perjury if either:
- The person has signed a printed form of the document before or on the same day as, the date of filing. The attorney or other person filing the document represents, by the act of filing that the declarant has complied with this section. The attorney or other person filing the document shall maintain the printed form of the document bearing the original signature until final disposition of the case, as provided, and make it available for review and copying upon the request of the court or any party to the action or proceeding in which it is filed.
- The person has signed a document using a computer or other technology pursuant to the procedures set forth in a rule of court to be adopted by the Judicial Council by January 1, 2019.
- Clarifies that if a trial court, by local rule, requires electronic filing and service in civil actions, certain conditions apply, including that unrepresented persons are exempt from mandatory electronic filing and service.
- Clarifies that the court shall have a procedure for the filing of nonelectronic documents in order to prevent the program from causing undue hardship or significant prejudice to any party in an action, including, but not limited to, unrepresented parties. The Judicial Council shall make a form available to allow a party to seek exemption from mandatory electronic filing and service on grounds provided in this paragraph.
- Clarifies that if service is to be made by electronic service, service shall be made pursuant to Section 1010.6 and to applicable rules of court.
- Provides that electronic service is not authorized for a notice that requires certified or registered mail.
- Establishes the methods for proof of service, as provided.
- Allows permissive filing and service of documents to criminal actions as provided. Also requires the Judicial Council to adopt uniform rules for the electronic filing and service of documents in criminal cases in the trial courts of this state.
- For probate proceedings, a notice or other paper that is required or permitted to be delivered to a person, may be delivered by electronic delivery, as provided.
- For juvenile proceedings, a document in a juvenile court matter may be filed and served electronically as prescribed by Section 1010.6 of the Code of Civil Procedure, as provided.
- Makes technical and non-substantive changes including adding various cross-references, and deleting obsolete provisions.
The Senate amendments:
- Clarify that express consent to electronic service may be accomplished either by (1) serving a notice on all the parties and filing the notice with the court, or (2) manifesting affirmative consent through electronic means with the court or the court’s electronic filing service provider, and concurrently providing the party's electronic address with that consent for the purpose of receiving electronic service. This applies to cases filed on or after January 1, 2019.
- Establish that the act of electronic filing does not amount to express consent.
- Clarify that in a juvenile proceeding, electronic service of psychological or medical documentation related to a minor shall not be permitted, other than the summary required, as provided, when included as part of a required report to the court.
- Exempt until January 1, 2019, a local child support agency as provided from a trial court's mandatory electronic filing and service requirements unless the Department of Child Support Services and the local child support agency determine it has the capacity and functionality to comply with the trial court's mandatory electronic filing and service requirements.
- Make several technical and conforming changes, including provisions to address potential chaptering-out conflicts.
FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS: California's court system is one of the largest in the world, with more than 2,000 judicial officers and approximately 19,000 judicial branch employees statewide who assist in the court's management of cases every year. During the 2014-15 fiscal year, there were 6.8 million cases filed statewide in the superior courts (down from 7.5 million in FY 2013-14). Given the high volume of filings in California's courts each year, a party's ability to file and serve documents electronically significantly improves the court's capacity to process filings. Ideally, parties could file their legal documents electronically directly to the court through a statewide case management system at no additional cost (aside from the court filing fee). But given the reality of the courts not having such a system, trial courts are doing the best they can to facilitate electronic filing with county systems that rely upon fees for service.
The failure of a statewide court case management system (which would have allowed parties to file electronically with ease) has forced our courts to look elsewhere for technological improvements. The Judicial Council's Court Case Management System (CCMS), an ambitious court technology project to provide all 58 superior courts with a long-needed uniform, linked case management system would have, among other things, made it easier for parties to file their legal documents electronically with the courts. In February 2011, the California State Auditor issued a report roundly criticizing the Judicial Council's lack of proper management and oversight of the project. In its report, the Auditor concluded that, among other criticisms of the project, the Judicial Council did not ensure adequate independent oversight of CCMS, as should be expected of a project of similar size and complexity. Concern about the computer project continued, resulting in internal and independent reviews, legislative hearings, and proposed legislation. In March of 2012, the Legislature concluded the project must be halted and denied any further funding to CCMS. Later that month, the Judicial Council terminated the project. The termination of CCMS, after the expenditure of more than half a billion dollars, not only depleted the courts’ increasingly scarce resources, but also left many trial courts with failing case management systems. As a result, counties have turned to various private vendors to provide technology systems to their courts. Generally, these private technology systems allow for the electronic filing of documents.
If electronic filing is not managed correctly, it can create barriers to access to justice for self-represented and low-income litigants. In a Judicial Council staff report, concerns were raised about electronic filing and its impact on access to justice:
Early experiences with e-filing, both in California and in other states, suggest that many private vendor [electronic service providers] are not focused on serving the market segment of self-represented litigants, many of whom are indigent and qualify for fee waivers. The access community believes that the exclusion of self-represented litigants from electronic filing "has the potential to enlarge the access to justice gap in the long run." Electronic filing is an area in which a slight tip of the balance means that the technology tool is no longer used to achieve greater access; rather, it becomes a barrier. The California judicial branch has the opportunity to "place a finger on the scale" in favor of low-income and self-represented litigants by developing the capacity to serve as the [electronic filing service provider] and [the electronic filing manager] for all self-represented litigants in the state. (The Critical Role of the State Judiciary in Increasing Access for Self-Represented Litigants: Self-Help Access 360˚, supra.)
Mandatory electronic filing is not new to California. California initially authorized electronic filing in 1999 under SB 367 (Dunn), Chapter 514, Statutes of 1999. In 2012, the Legislature authorized a pilot program to allow the Orange County Superior Court to require parties to file their legal documents electronically under AB 2073 (Silva), Chapter 320, Statutes of 2012. Among other things, the AB 2073 pilot required the following: (1) the court to have the ability to maintain the official court record in electronic format for all cases where electronic filing is required; (2) the court and the parties to have access either to more than one electronic filing service provider capable of electronically filing documents, or to electronically file directly through the court; and (3) the court to have a procedure for the filing of non-electronic documents in order to prevent undue hardship or significant prejudice to any party in an action. Trial courts that choose mandatory electronic filing must follow the conditions required under the Orange County Superior Court pilot.
To date, 15 trial courts have adopted some form of mandatory electronic filing system. Although mandatory electronic filing may be an attractive option for trial courts because of the significant efficiencies to courts, electronic filing has not been perfect. Indeed, as more and more courts implement electronic filing systems, new issues arise. For example, questions have been raised about how the current process has affected indigent litigants, whether there is robust competition among vendors, and whether the cost of electronic filing is too high.
The Judicial Council continues to implement strategies to modernize court services that maintain access to justice and maximize judicial resources. In August 2014, the Judicial Council released its Strategic Plan for Technology (2014-2018) that sets out a roadmap for the adoption of technology solutions that further the administration of justice. Ultimately, the Judicial Council hopes to promote a "digital court" that will allow courts and the public access to information faster, and achieve cost savings and operational efficiencies like eliminating or reducing costs associated with paper records.
Summary of this bill. Accordingly, consistent with Judicial Council's Strategic Plan for Technology, this bill expands the current statutory framework on electronic filing to several different case types, and inches the court toward a system that operates with less paper. The changes can be grouped into the following categories: (1) clarifying the rules about electronic signatures, date of delivery, and express consent; (2) expanding electronic filing and delivery to other courts like criminal, probate, and juvenile; and (3) making technical changes including removing obsolete or outdated provisions of law, and adopting various conforming changes.
This bill authorizes documents that require a signature under penalty of perjury to signed with an electronic signature. Under existing law, a document that does not require a signature under penalty of perjury is deemed to have been signed if the document is filed electronically. However, if the document requires a signature under penalty of perjury, the party must file the document electronically and print out and keep a copy of the document bearing the original signature so that it is available for inspection by the court or any party to the action. This bill authorizes the Judicial Council to adopt a rule of court by January 1, 2019 to sensibly allow a party to file a document bearing an electronic signature. To accommodate those without possible access to an electronic signature, this bill maintains the existing paper retention requirement but only until the final disposition of the case.
This bill clarifies the rule about when a document is "deemed to be served." Under existing law, a document electronically filed after 5 p.m. (close of business) is deemed to be filed on the next court day. This bill changes that rule and reasonably provides that any document that is served electronically between 12:00 a.m. and 11:59:59 p.m. on a court day shall be deemed served on that court day. This bill also provides that any document that is served electronically on a noncourt day shall be deemed served on the next court day.
This bill makes clear that parties must expressly consent to receive electronic service in that specific action. To ensure that a party—when receiving official notices relating to court filings—actually consents to receiving those filings electronically, this bill clarifies that express consent to electronic service may be accomplished either by (1) serving a notice on all the parties and filing the notice with the court, or (2) manifesting affirmative consent through electronic means with the court or the court’s electronic filing service provider, and concurrently providing the party’s electronic address with that consent for the purpose of receiving electronic service. Importantly, this bill provides that the act of electronic filing does not amount to express consent. To provide additional time for Judicial Council to implement this provision, this section only applies to cases filed on or after January 1, 2019.
This bill authorizes the expansion of permissive electronic filing and delivery of notices to other courts: criminal, probate, and juvenile.
Criminal. This bill provides that the permissive portions of CCP 1010.6 may be applied to criminal actions. This bill also requires the Judicial Council to adopt uniform rules for the electronic filing and service of documents in criminal cases in state trial courts. Like in other public comment rule making processes, Judicial Council will reach out to various criminal law stakeholders to ensure that the criminal bar is part of the conversation as the Judicial Council develops its rule.
Probate. This bill authorizes permissive electronic delivery of notices in uncontested and not-yet-contested probate matters. To address concerns about express consent, this bill provides that a notice or other paper may not be delivered by electronic means unless the person to receive notice has expressly consented as provided.
Juvenile. This bill authorizes permissive electronic delivery for matters in juvenile court. However, because juvenile court involves minors of various ages, this bill provides additional rules on when electronic delivery is permissible. Under current law, minors at 10 years of age may receive notices of their proceedings. To maintain consistency with that existing policy, this bill provides electronic service in the following manner: (1) Electronic service is not permitted on any party or person under 10 years of age; (2) Electronic service is not permitted on any party or person between 10 years of age and 15 years of age without the express consent of the minor and the minor's attorney; (3) Electronic service shall be permitted on any party or person who is 16 to 18 years of age only if the minor, after consultation with his or her attorney, consents. This bill also requires the Judicial Council, by January 1, 2019, to develop a rule of court on the duties of the minor’s attorney during the required consultation. Given the sensitive nature of some specific juvenile case types, this bill requires that notices be served by both electronically and paper means (e.g., cases involving a minor Indian Child, or where there is a recommendation to terminate parental rights). To this end, this bill requires electronic service and filing to be conducted in a manner that preserves and ensures the confidentiality of records by encryption.
To address concerns about compliance with electronic filing and service requirements, this bill temporarily exempts, until January 1, 2019, a local child support agency from the requirements unless the Department of Child Support Services and the local child support agency determine it has the capacity and functionality to comply with the trial court’s mandatory electronic filing and service requirements.
Analysis Prepared by: Eric Dang / JUD. / (916) 319-2334 FN: 0002167
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 976
:
SENATE JUDICIARY COMMITTEE: 6-0, 6/27/17
AYES: Jackson, Moorlach, Anderson, Hertzberg, Stern, Wieckowski
NO VOTE RECORDED: Monning
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 77-0, 5/11/17 (Consent) - See last page for vote
DIGEST:
This bill expands the use of permissive and mandatory electronic filing and service in civil courts as well as in criminal, probate, and juvenile courts. It provides clear rules governing the processes, the timing, and the safeguards that must be in place.
Senate Floor Amendments of 9/7/17 provide a grace period for local child support agencies to comply with the electronic filing mandate; remove an inoperative date relating to service of notices that require certified or registered mail; and address potential chaptering out issues.
Existing law:
- Authorizes the electronic service of documents in actions filed in civil courts, as specified. (Code Civ. Proc. Sec. 1010.6(a).)
- Provides that in any action in which a party has agreed to accept electronic service or in which the court has ordered electronic service, as specified, the court may electronically serve any document issued by the court that is not required to be personally served in the same manner that parties electronically serve documents. Existing law provides that electronic service shall have the same legal effect as service by mail, except as provided. (Code Civ. Proc. Sec. 1010.6(a)(3).)
- Provides that a trial court may adopt local rules permitting electronic filing of documents, subject to Rules of Court adopted as specified and subject to specified conditions. These include conditions relating to electronic signatures and fee waivers, among other things. (Code Civ. Proc. Sec. 1010.6(b)(1)-(6).)
- Requires the court to permit a party or attorney to file an application for waiver of court fees and costs, in lieu of requiring the payment of the filing fee, as part of the process involving the electronic filing of a document, as specified. (Code Civ. Proc. Sec. 1010.6(b)(6).)
- Provides that any fees charged by the court, an electronic filing manager, or an electronic filing service provider (EFSP) to process a payment for filing fees and other court fees shall not exceed the costs incurred in processing the payment. (Code Civ. Proc. Sec. 1010.6(b)(7).)
- Permits a court to require electronic filing of documents in complex civil litigation cases, as specified, provided that it does not cause undue hardship or significant prejudice to any party in the action. (Code Civ. Proc. Sec. 1010.6(c).)
- Provides that electronic service of a document is complete at the time of the electronic transmission of the document or at the time that the electronic notification of service of the document is sent. (Code Civ. Proc. Sec. 1010.6(a)(4).)
- Requires the Judicial Council to adopt uniform rules for the electronic filing and service of documents in the trial courts, which shall include statewide policies on vendor contracts, privacy, and access to public records, and rules relating to the integrity of the electronic service. Existing law requires these rules to conform to the conditions set in Section 1010.6 of the Code of Civil Procedure, as amended from time to time. (Code Civ. Proc. Sec. 1010.6(e).)
- Sets forth uniform rules regarding electronic filing and serving of documents in civil courts. (California Rules of Court, rules 2.250-2.261.)
- Provides authority for the Orange County Superior Court to establish a pilot project to require parties to specified civil actions to electronically file and serve documents, subject to specified requirements and rules adopted by Judicial Council, and certain additional conditions. Those additional conditions include that the court and the parties either have access to more than one electronic service provider capable of electronically filing documents with the court, or to electronic filing access directly through the court. Any fees charged by the court must be for no more than the actual cost of electronic filing and service of the documents, whereas any fees charged by the electronic service provider must be reasonable. In both instances, fees must be waived when deemed appropriate by the court, including for any party who has received a fee waiver. (Code Civ. Proc. Sec. 1010.6(d).)
- Requires Judicial Council, on or before July 1, 2014, to adopt uniform rules for mandatory electronic filing and service of documents for specified actions in the state’s trial courts, which are to be informed by the Orange County pilot project, and are to include statewide policies on vendor contracts, privacy, access to public records, unrepresented parties, parties with fee waivers, hardships, reasonable exceptions to electronic filing, and rules relating to the integrity of electronic service. (Code Civ. Proc. Sec. 1010.6(f).)
- Provides that upon the adoption of uniform rules by Judicial Council, a superior court may require mandatory electronic filing, pursuant to Section 1010.6 of the Code of Civil Procedure, including several of the conditions that must be met by any court allowing electronic filing of documents and several of the requirements specified for the Orange County pilot project. (Code Civ. Proc. Sec. 1010.6(g).)
This bill:
- Allows a trial court to require electronic filing and service in civil actions, subject to specified requirements and rules of court.
- Provides, for cases filed on or after January 1, 2019, that if a document may be served by mail, express mail, overnight delivery, or facsimile transmission, electronic service of the document is not authorized unless a party or other person has expressly consented to receive electronic service in that specific action or the court has otherwise ordered electronic service on a represented party or other represented person. Express consent to electronic service would be able to be accomplished by either (a) serving a notice on all parties and filing the notice with the court; or (b) manifesting affirmative consent through electronic means with the court or the court’s EFSP and concurrently providing the party’s electronic address with that consent for the purpose of receiving electronic service. The act of electronic filing would not suffice to establish express consent.
- Provides that if a document may be served by mail, express mail, overnight delivery, or facsimile transmission, electronic service of that document is deemed complete at the time of the electronic transmission of the document or at the time that the electronic notification of service of the document is sent. This bill provides that if a document is required to be served by certified or registered mail, electronic service of the document is not authorized.
- Provides that any document that is served electronically between 12:00 a.m. and 11:59:59 p.m. on a court day shall be deemed served on that court day. Any document that is served electronically on a noncourt day shall be deemed served on the next court day.
- Allows a party or other person who has provided express consent to accept service electronically to withdraw consent at any time by completing and filing the appropriate Judicial Council form, which would be required to be created by January 1, 2019. Consent, or the withdrawal of consent, to receive electronic service is only able to be completed by a party or other person entitled to service or that person’s attorney.
- Requires confidential or sealed records to be served through encrypted methods to ensure that the documents are not improperly disclosed.
- Provides that a trial court may adopt local rules permitting electronic filing of documents, subject to certain rules and conditions. This bill provides that when a document to be filed requires the signature of any person, not under penalty of perjury, the document shall be deemed to have been signed by the person who filed the document electronically. If the document must be signed under the penalty of perjury, this bill provides that such a document shall be deemed to have been signed by that person if filed electronically and if certain conditions are satisfied, as specified.
- Requires that any court that requires electronic filing and service in civil actions meet the following conditions:
- the court must have the ability to maintain the official court record in electronic format;
- both the court and the parties must have access to more than one EFSP capable of electronically filing documents or to electronic filing access directly through the court;
- any court fees must be no more than the actual cost of the electronic filing and service and any fees charged by the EFSP must be reasonable;
- the court must have a procedure for the filing of nonelectronic documents in order to prevent the program from causing undue hardship or significant prejudice; and
- unrepresented persons are exempt from mandatory electronic filing and service.
- Provides that proof of electronic service may be made by certain, specified methods.
- Provides that proof of electronic service must include certain information, as specified.
- Eliminates the Orange County Superior Court pilot project.
- Provides that a document can be filed and served electronically in a juvenile court consistent with Section 1010.6 of the Code of Civil Procedure and the relevant rules of court adopted by the Judicial Council, under enumerated conditions.
- Provides that electronic service in juvenile court proceedings is only authorized if the county and court permit it and only if the person to be served has provided express consent to accept service electronically in the specific action. Such consent is able to be withdrawn. Electronic service and electronic filing are only authorized if conducted in a manner that preserves and ensures the confidentiality of records by encryption.
- Prohibits, in the juvenile court context, electronic service of psychological or medical documentation related to a minor and prohibits all electronic service on a child under 10 years of age. For minors between 10 and 15 years of age, electronic service is only permitted with the express consent of the minor and the minor’s attorney. Those minors over 16 years of age need to consent to electronic service after consultation with the minor’s attorney. Judicial Council is required to develop a rule of court on the duties of the minor’s attorney during this required consultation. In certain contexts, the person shall be served both electronically and by other means, as specified.
- Provides that its provisions regarding permissive electronic filing and service are applicable to criminal actions, except as otherwise provided and that Judicial Council shall adopt uniform rules for such use.
- Integrates the use of electronic service into the Probate Code, consolidating the various authorized methods of service into one statute.
- Provides that, until January 1, 2019, a local child support agency, as specified, is exempt from a trial court’s mandatory electronic filing and service requirements, unless the Department of Child Support Services and the local child support agency determine it has the capacity and functionality to comply with the trial court’s mandatory electronic filing and service requirements.
- Updates various code sections to accommodate the use of electronic service or to indicate where it is not authorized. It also makes other technical, clarifying or non-substantive changes.
- Includes amendments to avoid chaptering out issues that may arise from changes made by SB 233 (Beall, 2017), SB 438 (Roth, 2017), and SB 190 (Mitchell & Lara, 2017).
Background
The federal courts, have long allowed for electronic filing of court documents. (See Fed. Rule Civ. Proc. rule 5(d)(3).) In California, electronic filing and service have slowly been introduced into the court system. For years, California has authorized limited electronic filing under Section 1010.6 of the Code of Civil Procedure. This bill broadly expands the use of electronic filing and service in civil courts and extend its use into the criminal, probate, and juvenile courts. It streamlines the procedures and details the guidelines that are to be followed. NOTE: For a more thorough background, see the Senate Judiciary Committee analysis.
Comments
The author writes:
Electronic filing and service are not new concepts for California courts. It has been debated, piloted, and studied. Given the work that has occurred on this issue and the increased efficiency provided to courts and parties, it is time that we give courts the authority to expand electronic filing and service. This bill would take the next step by modernizing our statutes to facilitate electronic filing and service in civil, criminal, juvenile, and probate proceedings.
General overview of electronic filing and service
An electronic filing and service system within the courts generally requires a litigant to choose an EFSP. The EFSP acts as an intermediary between the litigant and the court’s own electronic case management system. This bill requires any court that mandates electronic filing or service to provide parties access to more than one EFSP capable of electronically filing documents or to electronic filing access directly through the court. Parties are able to upload their documents through the EFSP platform to be filed directly with the court. Although there are various EFSPs in the market, generally the platforms will assist in formatting for filing and act as the conduit for paying filing fees. For those parties who have already entered the case and who have provided the requisite consent are automatically served through the system.
Section 1010.6 of the Code of Civil Procedure continues to provide the framework for electronic filing and service. It will facilitate expanded use with many other code sections referring back to its provisions. Section 1010.6 provides guidelines for courts to follow when operating either mandatory or permissive electronic filing and service.
Section 1010.6 makes clear when electronic service is proper; clarifies the operation of such service; when documents are deemed served; provides for some level of uniformity among the courts. It addresses myriad other issues such as electronic signatures, fees, consent, and the filing of confidential or sealed records.
Section 1013b is added to the Code of Civil Procedure to address proper methods for establishing proof of service. In addition, Chapter 2 (commencing with Rule 2.250) of Division 3 of Title 2 of the California Rules of Court already provides extensive regulations for filing and service by electronic means. This bill calls for much more detailed rule making and updates in accordance with its provisions.
This bill represents a large step toward fully digitized court filings and service while also providing certain safeguards. Courts that require electronic filing and service need to have a procedure for the filing of nonelectronic documents in order to prevent the program from causing undue hardship or significant prejudice to any party in an action, including, but not limited to, unrepresented parties. Judicial Council is required to make a form available to allow a party to seek an exemption from mandatory electronic filing and service on these grounds. To appreciate the unique concerns presented by unrepresented parties, this bill exempts them from mandatory electronic filing and service. In addition, courts would be required to permit a party or attorney to file an application for waiver of court fees and costs, in lieu of requiring the payment of the filing fee, as part of the process involving the electronic filing of a document. NOTE: For a more thorough analysis of this bill, please see the Senate Judiciary Committee Analysis of this bill.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
Judicial Council (source)
California Association of Legal Support Professionals
California Defense Counsel
California District Attorneys Association
California Judges Association
Coalition for Improving Court Access
Consumer Attorneys of California
County Welfare Directors Association of California
Disability Rights Center
None received
ARGUMENTS IN SUPPORT: The California Judges Association writes: “AB 976 will provide a consistent and effective framework that will enhance access to court services.”
ASSEMBLY FLOOR: 77-0, 5/11/17
AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bocanegra, Bonta, Brough, Burke, Caballero, Calderon, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dababneh, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gomez, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon
NO VOTE RECORDED: Dahle, O'Donnell, Patterson
Prepared by: Christian Kurpiewski / JUD. / (916) 651-4113
9/9/17 16:09:55
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 976
:
SENATE JUDICIARY COMMITTEE: 6-0, 6/27/17
AYES: Jackson, Moorlach, Anderson, Hertzberg, Stern, Wieckowski
NO VOTE RECORDED: Monning
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 77-0, 5/11/17 (Consent) - See last page for vote
DIGEST:
This bill expands the use of permissive and mandatory electronic filing and service in civil courts as well as in criminal, probate, and juvenile courts. It provides clear rules governing the processes, the timing, and the safeguards that must be in place. This bill also carefully updates the wider statutory schemes governing these case types allowing for electronic filing and service and clearly indicating where it is not authorized.
Existing law:
- Authorizes the electronic service of documents in actions filed in civil courts, as specified. (Code Civ. Proc. Sec. 1010.6(a).)
- Provides that in any action in which a party has agreed to accept electronic service or in which the court has ordered electronic service, as specified, the court may electronically serve any document issued by the court that is not required to be personally served in the same manner that parties electronically serve documents. Existing law provides that electronic service shall have the same legal effect as service by mail, except as provided. (Code Civ. Proc. Sec. 1010.6(a)(3).)
- Provides that a trial court may adopt local rules permitting electronic filing of documents, subject to Rules of Court adopted as specified and subject to specified conditions. These include conditions relating to electronic signatures and fee waivers, among other things. (Code Civ. Proc. Sec. 1010.6(b)(1)-(6).)
- Requires the court to permit a party or attorney to file an application for waiver of court fees and costs, in lieu of requiring the payment of the filing fee, as part of the process involving the electronic filing of a document, as specified. (Code Civ. Proc. Sec. 1010.6(b)(6).)
- Provides that any fees charged by the court, an electronic filing manager, or an electronic filing service provider (EFSP) to process a payment for filing fees and other court fees shall not exceed the costs incurred in processing the payment. (Code Civ. Proc. Sec. 1010.6(b)(7).)
- Permits a court to require electronic filing of documents in complex civil litigation cases, as specified, provided that it does not cause undue hardship or significant prejudice to any party in the action. (Code Civ. Proc. Sec. 1010.6(c).)
- Provides that electronic service of a document is complete at the time of the electronic transmission of the document or at the time that the electronic notification of service of the document is sent. (Code Civ. Proc. Sec. 1010.6(a)(4).)
- Requires the Judicial Council to adopt uniform rules for the electronic filing and service of documents in the trial courts, which shall include statewide policies on vendor contracts, privacy, and access to public records, and rules relating to the integrity of the electronic service. Existing law requires these rules to conform to the conditions set in Section 1010.6 of the Code of Civil Procedure, as amended from time to time. (Code Civ. Proc. Sec. 1010.6(e).)
- Sets forth uniform rules regarding electronic filing and serving of documents in civil courts. (California Rules of Court, rules 2.250-2.261.)
- Provides authority for the Orange County Superior Court, by local rule and until July 1, 2014, to establish a pilot project to require parties to specified civil actions to electronically file and serve documents, subject to specified requirements and rules adopted by Judicial Council, and certain additional conditions. Those additional conditions include that the court and the parties either have access to more than one electronic service provider capable of electronically filing documents with the court, or to electronic filing access directly through the court. Any fees charged by the court must be for no more than the actual cost of electronic filing and service of the documents, whereas any fees charged by the electronic service provider must be reasonable. In both instances, fees must be waived when deemed appropriate by the court, including for any party who has received a fee waiver. (Code Civ. Proc. Sec. 1010.6(d).)
- Requires Judicial Council, on or before July 1, 2014, to adopt uniform rules for mandatory electronic filing and service of documents for specified actions in the state’s trial courts, which are to be informed by the Orange County pilot project, and are to include statewide policies on vendor contracts, privacy, access to public records, unrepresented parties, parties with fee waivers, hardships, reasonable exceptions to electronic filing, and rules relating to the integrity of electronic service. (Code Civ. Proc. Sec. 1010.6(f).)
- Provides that upon the adoption of uniform rules by Judicial Council, a superior court may, by local rule, require mandatory electronic filing, pursuant to the requirements and conditions set forth in Section 1010.6 of the Code of Civil Procedure, including several of the conditions that must be met by any court allowing electronic filing of documents and several of the requirements specified for the Orange County pilot project. (Code Civ. Proc. Sec. 1010.6(g).)
This bill:
- Allows a trial court to require electronic filing and service in civil actions, subject to specified requirements and rules of court.
- Provides, for cases filed on or after January 1, 2019, that if a document may be served by mail, express mail, overnight delivery, or facsimile transmission, electronic service of the document is not authorized unless a party or other person has expressly consented to receive electronic service in that specific action or the court has otherwise ordered electronic service on a represented party or other represented person. Express consent to electronic service would be able to be accomplished by either (a) serving a notice on all parties and filing the notice with the court; or (b) manifesting affirmative consent through electronic means with the court or the court’s EFSP and concurrently providing the party’s electronic address with that consent for the purpose of receiving electronic service. The act of electronic filing would not suffice to establish express consent.
- Provides that if a document may be served by mail, express mail, overnight delivery, or facsimile transmission, electronic service of that document is deemed complete at the time of the electronic transmission of the document or at the time that the electronic notification of service of the document is sent. This bill provides that if a document is required to be served by certified or registered mail, electronic service of the document is not authorized.
- Provides that any document that is served electronically between 12:00 a.m. and 11:59:59 p.m. on a court day shall be deemed served on that court day. Any document that is served electronically on a noncourt day shall be deemed served on the next court day.
- Allows a party or other person who has provided express consent to accept service electronically to withdraw consent at any time by completing and filing the appropriate Judicial Council form, which would be required to be created by January 1, 2019. Consent, or the withdrawal of consent, to receive electronic service is only able to be completed by a party or other person entitled to service or that person’s attorney.
- Requires confidential or sealed records to be served through encrypted methods to ensure that the documents are not improperly disclosed.
- Provides that a trial court may adopt local rules permitting electronic filing of documents, subject to certain rules and conditions. This bill provides that when a document to be filed requires the signature of any person, not under penalty of perjury, the document shall be deemed to have been signed by the person who filed the document electronically. If the document must be signed under the penalty of perjury, this bill provides that such a document shall be deemed to have been signed by that person if filed electronically and if certain conditions are satisfied, as specified.
- Requires that any court that requires electronic filing and service in civil actions meet the following conditions:
- the court must have the ability to maintain the official court record in electronic format;
- both the court and the parties must have access to more than one EFSP capable of electronically filing documents or to electronic filing access directly through the court;
- any court fees must be no more than the actual cost of the electronic filing and service and any fees charged by the EFSP must be reasonable;
- the court must have a procedure for the filing of nonelectronic documents in order to prevent the program from causing undue hardship or significant prejudice; and
- unrepresented persons are exempt from mandatory electronic filing and service.
- Provides that proof of electronic service may be made by certain, specified methods.
- Provides that proof of electronic service must include certain information, as specified.
- Eliminates the Orange County Superior Court pilot project.
- Provides that a document can be filed and served electronically in a juvenile court consistent with Section 1010.6 of the Code of Civil Procedure and the relevant rules of court adopted by the Judicial Council, under enumerated conditions.
- Provides that electronic service in juvenile court proceedings is only authorized if the county and court permit it and only if the person to be served has provided express consent to accept service electronically in the specific action. Such consent is able to be withdrawn. Electronic service and electronic filing are only authorized if conducted in a manner that preserves and ensures the confidentiality of records by encryption.
- Prohibits, in the juvenile court context, electronic service of psychological or medical documentation related to a minor and prohibits all electronic service on a child under 10 years of age. For minors between 10 and 15 years of age, electronic service is only permitted with the express consent of the minor and the minor’s attorney. Those minors over 16 years of age need to consent to electronic service after consultation with the minor’s attorney. Judicial Council is required to develop a rule of court on the duties of the minor’s attorney during this required consultation. In certain contexts, the person shall be served both electronically and by other means, as specified.
- Provides that its provisions regarding permissive electronic filing and service are applicable to criminal actions, except as otherwise provided and that Judicial Council shall adopt uniform rules for such use.
- Integrates the use of electronic service into the Probate Code, consolidating the various authorized methods of service into one statute.
- Updates various code sections to accommodate the use of electronic service or to indicate where it is not authorized. It also makes other technical, clarifying or non-substantive changes.
Background
The federal courts, have long allowed for electronic filing of court documents. (See Fed. Rule Civ. Proc. rule 5(d)(3).) In California, electronic filing and service have slowly been introduced into the court system. For years, California has authorized limited electronic filing under Section 1010.6 of the Code of Civil Procedure. This bill broadly expands the use of electronic filing and service in civil courts and extend its use into the criminal, probate, and juvenile courts. It streamlines the procedures and details the guidelines that are to be followed. NOTE: For a more thorough background, see the Senate Judiciary Committee analysis.
Comments
The author writes:
Electronic filing and service are not new concepts for California courts. It has been debated, piloted, and studied. Given the work that has occurred on this issue and the increased efficiency provided to courts and parties, it is time that we give courts the authority to expand electronic filing and service. This bill would take the next step by modernizing our statutes to facilitate electronic filing and service in civil, criminal, juvenile, and probate proceedings.
General overview of electronic filing and service
An electronic filing and service system within the courts generally requires a litigant to choose an EFSP. The EFSP acts as an intermediary between the litigant and the court’s own electronic case management system. This bill requires any court that mandates electronic filing or service to provide parties access to more than one EFSP capable of electronically filing documents or to electronic filing access directly through the court. Parties are able to upload their documents through the EFSP platform to be filed directly with the court. Although there are various EFSPs in the market, generally the platforms will assist in formatting for filing and act as the conduit for paying filing fees. For those parties who have already entered the case and who have provided the requisite consent are automatically served through the system.
Section 1010.6 of the Code of Civil Procedure continues to provide the framework for electronic filing and service. It will facilitate expanded use with many other code sections referring back to its provisions. Section 1010.6 provides guidelines for courts to follow when operating either mandatory or permissive electronic filing and service.
Section 1010.6 makes clear when electronic service is proper and clarify the operation of such service. It provides for some level of uniformity among the courts by, for example, establishing when electronically-filed documents are deemed served. Section 1010.6 provides that documents are deemed served on the day they are electronically served from 12:00 a.m. to 11:59:59 p.m. on a court day, or on a noncourt day, the document is deemed served the next court day. It addresses myriad other issues such as electronic signatures, fees, consent, and the filing of confidential or sealed records.
Section 1013b is added to the Code of Civil Procedure to address proper methods for establishing proof of service. In addition, Chapter 2 (commencing with Rule 2.250) of Division 3 of Title 2 of the California Rules of Court already provides extensive regulations for filing and service by electronic means. This bill calls for much more detailed rule making and updates in accordance with its provisions.
This bill represents one of the largest steps forward on the path to fully digitized court filings and service while also providing certain safeguards. For instance, courts that require electronic filing and service need to have a procedure for the filing of nonelectronic documents in order to prevent the program from causing undue hardship or significant prejudice to any party in an action, including, but not limited to, unrepresented parties. Judicial Council is required to make a form available to allow a party to seek an exemption from mandatory electronic filing and service on these grounds. To appreciate the unique concerns presented by unrepresented parties, this bill exempts them from mandatory electronic filing and service. In addition, courts would be required to permit a party or attorney to file an application for waiver of court fees and costs, in lieu of requiring the payment of the filing fee, as part of the process involving the electronic filing of a document. NOTE: For a more thorough analysis of this bill, please see the Senate Judiciary Committee Analysis of this bill.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
Judicial Council (source)
California Association of Legal Support Professionals
California Defense Counsel
California District Attorneys Association
California Judges Association
Coalition for Improving Court Access
Consumer Attorneys of California
County Welfare Directors Association of California
Disability Rights Center
OPPOSITION: (Verified 7/18/17)
None received
ARGUMENTS IN SUPPORT: Judicial Council writes that this bill provides “consistency and clarity across courts and case types for electronic filing and electronic service” making litigation “more efficient and cost-effective for both litigants and the courts.”
The California Judges Association writes: “AB 976 will provide a consistent and effective framework that will enhance access to court services.”
ASSEMBLY FLOOR: 77-0, 5/11/17
AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bocanegra, Bonta, Brough, Burke, Caballero, Calderon, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dababneh, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gomez, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon
NO VOTE RECORDED: Dahle, O'Donnell, Patterson
7/19/17 15:33:47
Senator Hannah-Beth Jackson, Chair
2017-2018 Regular Session
Bill No: AB 976 (Author:Berman)
Version: June 15, 2017
Hearing Date: June 27, 2017
Fiscal: Yes
Urgency: No
Consultant: CK
SUBJECT
Electronic filing and service
DESCRIPTION
This bill would expand the use of permissive and mandatory electronic filing and service in civil courts as well as in criminal, probate, and juvenile courts. It would provide clear rules governing the processes, the timing, and the safeguards that must be in place. This bill would also carefully update the wider statutory schemes governing these case types allowing for electronic filing and service and clearly indicating where it is not authorized.
BACKGROUND
The federal courts, have long allowed for electronic filing of court documents. (See Fed. Rule Civ. Proc. rule 5(d)(3), which provides that a court may, by local rule, allow papers to be filed, signed, or verified by electronic means that are consistent with any technical standards established by the Judicial Conference of the United States, and may require electronic filing only if reasonable exceptions are allowed.) The federal rules, however, prohibit a court clerk from refusing to accept paper filings – even if a local court rule mandates electronic filing. (Fed. Rule Civ. Proc. Rule 5(d)(4); see also Klemm v. Astrue (9th Cir. 2008) 543 F.3d 1139, 1143: “Under this rule, the Clerk was obligated to accept Klemm’s notice of appeal for filing, despite Klemm’s failure to comply with the local electronic filing rules. [Footnote omitted.] In any event, the Clerk’s failure formally to file Klemm’s notice of appeal is of no import because the paper was deemed filed when it ‘arrived in the hands of the Clerk within the statutory period.’ [Citation omitted.] Thus, Klemm’s notice of appeal was timely even though it was mailed to the Clerk, rather than filed electronically, as the local rules require.”)
In California, electronic filing and service have slowly been introduced into the court system. For years, California has authorized limited electronic filing under Section 1010.6 of the Code of Civil Procedure. In 1999, SB 367 (Dunn, Ch. 514, Stats. 1999), among other things, enacted Section 1010.6, to allow trial courts to adopt local rules permitting electronic filing and service of documents, and to require the Judicial Council to adopt uniform rules for the electronic filing and service of documents in the trial courts of the state, as specified. SB 367 also reflected the legislative intent to: (1) provide for the eventual standardization of electronic filing and service procedures on a statewide level; and (2) to provide that a court shall not adopt an electronic filing procedure that requires a litigant or attorney to possess specialized, cumbersome, or expensive equipment or software to utilize the electronic filing system. Subsequently, in 2010, SB 1274 (Committee on Judiciary, Ch. 156, Stats. 2010) authorized parties to consent to, or the court to order, electronic service of documents that are not required to be personally served. Among other things, SB 1274 also required the Judicial Council to adopt uniform rules relating to the integrity of electronic filing and service of documents in the trial courts of the state, and redefined “electronic service” to include both electronic notification and electronic transmission, as specified.
More recently, in 2012, this state enacted AB 2073, (Silva, Ch. 320, Stats. 2012), authorizing a pilot program in Orange County’s Superior Court that would allow for mandated electronic filing in specified cases, as long as certain enumerated conditions were met. Recognizing that other courts may subsequently wish to move toward mandatory electronic filing as well, AB 2073 also allowed for that possibility, on the condition that any future courts must also meet the requirements of Section 1010.6 and any additional uniform rules adopted by the Judicial Council for the filing and service of documents in the trial courts of the state based upon its study of the Orange County court’s pilot program. Indeed, in 2013, the Judicial Council approved a proposal, effective July 1, 2013, to allow superior courts to require that parties electronically file and serve documents in civil cases. Notably, those new rules exempt self-represented parties from any mandatory electronic filing and service requirements adopted by participating courts, but also include language that encourages these parties to participate voluntarily. To the extent feasible, courts and other entities are encouraged to assist self-represented parties to electronically file and serve documents. (See California Courts Press Release, Judicial Council Allows Superior Courts to Require E-filing in Civil Cases (Jun. 28, 2013) <http://www.courts.ca.gov/22655.htm> [as of Jun. 17, 2017].)
This bill would take another huge step in the same direction as this line of legislation. It would broadly expand the use of electronic filing and service in civil courts and extend its use into the criminal, probate, and juvenile courts. It would streamline the procedures and detail the guidelines that would have to be followed.
CHANGES TO EXISTING LAW
Existing law authorizes the electronic service of documents in actions filed in civil courts, as specified. (Code Civ. Proc. Sec. 1010.6(a).)
Existing law provides that in any action in which a party has agreed to accept electronic service or in which the court has ordered electronic service, as specified, the court may electronically serve any document issued by the court that is not required to be personally served in the same manner that parties electronically serve documents. Existing law provides that electronic service shall have the same legal effect as service by mail, except as provided. (Code Civ. Proc. Sec. 1010.6(a)(3).)
Existing law provides that a trial court may adopt local rules permitting electronic filing of documents, subject to Rules of Court adopted as specified and subject to specified conditions. These include conditions relating to electronic signatures and fee waivers, among other things. (Code Civ. Proc. Sec. 1010.6(b)(1)-(6).)
Existing law requires the court to permit a party or attorney to file an application for waiver of court fees and costs, in lieu of requiring the payment of the filing fee, as part of the process involving the electronic filing of a document, as specified. (Code Civ. Proc. Sec. 1010.6(b)(6).)
Existing law provides that any fees charged by the court, an electronic filing manager, or an electronic filing service provider to process a payment for filing fees and other court fees shall not exceed the costs incurred in processing the payment. (Code Civ. Proc. Sec. 1010.6(b)(7).)
Existing law permits a court to require electronic filing of documents in complex civil litigation cases, as specified, provided that it does not cause undue hardship or significant prejudice to any party in the action. (Code Civ. Proc. Sec. 1010.6(c).)
Existing law provides that electronic service of a document is complete at the time of the electronic transmission of the document or at the time that the electronic notification of service of the document is sent. (Code Civ. Proc. Sec. 1010.6(a)(4).)
Existing law requires the Judicial Council to adopt uniform rules for the electronic filing and service of documents in the trial courts, which shall include statewide policies on vendor contracts, privacy, and access to public records, and rules relating to the integrity of the electronic service. Existing law requires these rules to conform to the conditions set in Section 1010.6 of the Code of Civil Procedure, as amended from time to time. (Code Civ. Proc. Sec. 1010.6(e).)
Existing Rules of Court set forth uniform rules regarding electronic filing and serving of documents in civil courts. (California Rules of Court, rules 2.250-2.261.)
Existing law provides authority for the Orange County Superior Court, by local rule and until July 1, 2014, to establish a pilot project to require parties to specified civil actions to electronically file and serve documents, subject to specified requirements and rules adopted by Judicial Council, and certain additional conditions. Those additional conditions include that the court and the parties either have access to more than one electronic service provider capable of electronically filing documents with the court, or to electronic filing access directly through the court. Any fees charged by the court must be for no more than the actual cost of electronic filing and service of the documents, whereas any fees charged by the electronic service provider must be reasonable. In both instances, fees must be waived when deemed appropriate by the court, including for any party who has received a fee waiver. (Code Civ. Proc. Sec. 1010.6(d).)
Existing law requires Judicial Council, on or before July 1, 2014, to adopt uniform rules for mandatory electronic filing and service of documents for specified actions in the state’s trial courts, which are to be informed by the Orange County pilot project, and are to include statewide policies on vendor contracts, privacy, access to public records, unrepresented parties, parties with fee waivers, hardships, reasonable exceptions to electronic filing, and rules relating to the integrity of electronic service. (Code Civ. Proc. Sec. 1010.6(f).)
Existing law provides that upon the adoption of uniform rules by Judicial Council, a superior court may, by local rule, require mandatory electronic filing, pursuant to the requirements and conditions set forth in Section 1010.6 of the Code of Civil Procedure, including several of the conditions that must be met by any court allowing electronic filing of documents and several of the requirements specified for the Orange County pilot project. (Code Civ. Proc. Sec. 1010.6(g).)
This bill would allow a trial court to require electronic filing and service in civil actions, subject to specified requirements and rules of court.
This bill would provide, for cases filed on or after January 1, 2018, that if a document may be served by mail, express mail, overnight delivery, or facsimile transmission, electronic service of the document is not authorized unless a party or other person has expressly consented to receive electronic service in that specific action or the court has otherwise ordered electronic service on a represented party or other represented person. Express consent to electronic service would be able to be accomplished by either (1) serving a notice on all parties and filing the notice with the court; or (2) manifesting affirmative consent through electronic means with the court or the court’s electronic filing service provider, and concurrently providing the party’s electronic address with that consent for the purpose of receiving electronic service. The act of electronic filing would not suffice to establish express consent.
This bill would provide that if a document may be served by mail, express mail, overnight delivery, or facsimile transmission, electronic service of that document is deemed complete at the time of the electronic transmission of the document or at the time that the electronic notification of service of the document is sent. This bill would provide that if a document is required to be served by certified or registered mail, electronic service of the document is not authorized.
This bill would provide that any document that is served electronically between 12:00 a.m. and 11:59:59 p.m. on a court day shall be deemed served on that court day. Any document that is served electronically on a noncourt day shall be deemed served on the next court day.
This bill would allow a party or other person who has provided express consent to accept service electronically to withdraw consent at any time by completing and filing the appropriate Judicial Council form, which would be required to be created by January 1, 2019. Consent, or the withdrawal of consent, to receive electronic service would only be able to be completed by a party or other person entitled to service or that person’s attorney.
This bill would require confidential or sealed records to be served through encrypted methods to ensure that the documents are not improperly disclosed.
This bill would provide that a trial court may adopt local rules permitting electronic filing of documents, subject to certain rules and conditions. This bill would provide that when a document to be filed requires the signature of any person, not under penalty of perjury, the document shall be deemed to have been signed by the person who filed the document electronically. If the document must be signed under the penalty of perjury, this bill would provide that such a document shall be deemed to have been signed by that person if filed electronically and if either of the following conditions is satisfied:
- the person has signed the document using a computer or other technology pursuant to the procedure set forth in a rule of court adopted by the Judicial Council by January 1, 2019; or
- the person has signed a printed form of the document before, or on the same day as, the date of filing; the attorney or other person filing the document would be representing, by the act of filing, that the declarant has complied with this section; and the attorney or other person filing the document would be required to maintain the printed form of the document bearing the original signature until final disposition of the case, and make it available for review and copying upon the request of the court or any party to the action or proceeding in which it is filed.
This bill would require that any court that requires electronic filing and service in civil actions meet the following conditions:
- the court must have the ability to maintain the official court record in electronic format;
- both the court and the parties must have access to more than one electronic filing service provider (EFSP) capable of electronically filing documents or to electronic filing access directly through the court;
- any court fees must be no more than the actual cost of the electronic filing and service and any fees charged by the EFSP must be reasonable;
- the court must have a procedure for the filing of nonelectronic documents in order to prevent the program from causing undue hardship or significant prejudice; and
- unrepresented persons are exempt from mandatory electronic filing and service.
This bill would provide that proof of electronic service may be made by any of the following methods:
- an affidavit setting forth the exact title of the document served and filed in the cause, showing the name and residence or business address of the person making the service, showing that he or she is a resident of or employed in the county where the filing occurs, and that he or she is over the age of 18 years;
- a certificate setting forth the exact title of the document served and filed in the cause, showing the name and business address of the person making the service, and showing that he or she is an active member of the State Bar of California;
- an affidavit setting forth the exact title of the document served and filed in the cause, showing: (1) the name and residence or business address of the person making the service, (2) that he or she is a resident of, or employed in, the county where the filing occurs, (3) that he or she is over the age of 18 years, (4) that he or she is readily familiar with the business’ practice for filing electronically, and (5) that the document would be electronically filed that same day in the ordinary course of business following ordinary business practices; or
- in case of service by the clerk of a court of record, a certificate by that clerk setting forth the exact title of the document served and filed in the cause, showing the name of the clerk and the name of the court of which he or she is the clerk.
This bill would provide that proof of electronic service must include all of the following:
- the electronic service address and the residence or business address of the person making the service;
- the date of electronic service;
- the name and electronic service address of the person served; and
- a statement that the document was served electronically.
This bill would eliminate the Orange County Superior Court pilot project.
This bill would provide that a document can be filed and served electronically in a juvenile court consistent with Section 1010.6 of the Code of Civil Procedure and the relevant rules of court adopted by the Judicial Council, under enumerated conditions.
This bill would provide that electronic service in juvenile court proceedings is only authorized if the county and court permit it and only if the person to be served has provided express consent to accept service electronically in the specific action. Such consent would be able to be withdrawn. Electronic service and electronic filing would only be authorized if conducted in a manner that preserves and ensures the confidentiality of records by encryption.
This bill would prohibit, in the juvenile court context, electronic service of psychological or medical documentation related to a minor and would prohibit all electronic service on a child under 10 years of age. For minors between 10 and 15 years of age, electronic service is only permitted with the express consent of the minor and the minor’s attorney. Those minors over 16 years of age would need to consent to electronic service after consultation with the minor’s attorney. Judicial Council would be required to develop a rule of court on the duties of the minor’s attorney during this required consultation. In certain contexts, the person shall be served both electronically and by other means, as specified.
This bill would provide that its provisions regarding permissive electronic filing and service are applicable to criminal actions, except as otherwise provided and that Judicial Council shall adopt uniform rules for such use.
This bill would integrate the use of electronic service into the Probate Code, consolidating the various authorized methods of service into one statute.
This bill would update various code sections to accommodate the use of electronic service or to indicate where it is not authorized. It would also make other technical, clarifying or non-substantive changes.
COMMENT
1. Stated need for the bill
According to the author:
Electronic filing and service are not new concepts for California courts. It has been debated, piloted, and studied. Given the work that has occurred on this issue and the increased efficiency provided to courts and parties, it is time that we give courts the authority to expand electronic filing and service. This bill would take the next step by modernizing our statutes to facilitate electronic filing and service in civil, criminal, juvenile, and probate proceedings.
Judicial Council, the sponsor of this bill, writes that this bill would provide “consistency and clarity across courts and case types for electronic filing and electronic service” making litigation “more efficient and cost-effective for both litigants and the courts.”
The California Judges Association writes in support of the bill: “AB 976 will provide a consistent and effective framework that will enhance access to court services.”
2. General overview of electronic filing and service
An electronic filing and service system within the courts generally requires a litigant to choose an electronic filing service provider (EFSP). An EFSP provides the online service enabling litigants to file their documents in any given case. The EFSP acts as an intermediary between the litigant and the court’s own electronic case management system. This bill would require any court that mandates electronic filing or service to provide parties access to more than one EFSP capable of electronically filing documents or to electronic filing access directly through the court.
Parties would be able to upload their documents through the EFSP platform to be filed directly with the court. Although there are various EFSPs in the market, generally the platforms will assist in formatting for filing and act as the conduit for paying filing fees. For those parties who have already entered the case and who have provided the requisite consent would be automatically served through the system.
Section 1010.6 of the Code of Civil Procedure would continue to provide the framework for electronic filing and service. It would be amended to facilitate expanded use with many other code sections referring back to its provisions. Section 1010.6 would provide guidelines for courts to follow when operating either mandatory or permissive electronic filing and service.
Section 1010.6 would make clear when electronic service is proper and clarify the operation of such service. It would provide for some level of uniformity among the courts by, for example, establishing when electronically-filed documents are deemed served. Section 1010.6 provides that documents would be deemed served on the day they are electronically served from 12:00 a.m. to 11:59:59 p.m. on a court day, or on a noncourt day, the document would be deemed served the next court day. It addresses myriad other issues such as electronic signatures, fees, consent, and the filing of confidential or sealed records.
Section 1013b would also be added to the Code of Civil Procedure. It would specifically address proper methods for establishing proof of service. In addition, Chapter 2 (commencing with Rule 2.250) of Division 3 of Title 2 of the California Rules of Court already provides extensive regulations for filing and service by electronic means. This bill would call for much more detailed rule making and updates in accordance with its provisions.
3. Ensuring efficiencies do not trump access
Electronic filing proponents argue that it creates substantial efficiencies and cost savings for both litigants and the courts: it saves in time, labor, postage, supplies, storage, and travel; creates easier and timelier access to records and documents by the courts and the public; engenders more efficient use of staff time; allows for remote access to court records by lawyers and the public over the Internet; grants attorneys the flexibility to file documents after hours when courts are closed; and gives multiple parties the ability to view the same documents, at the same time.
At the same time, however, this state has been cautious of the hardships that electronic filing might cause for some courts or litigants—particularly low income or unrepresented litigants—given that access to updated electronic communication tools are still widely disparate among different cities and counties within this state, and even from home to home in the same neighborhoods based on one’s economic means. Thus, while it has been long anticipated that electronic filing and electronic service will become the norm, and not the exception, it has been with the understanding that public policy ultimately dictates that, when it comes to our courts, access (and uniform access at that) is imperative. This is not to state that the competing interests in efficiencies and access cannot coexist or help advance one another[1]; it is merely to acknowledge that any rules adopted in this state for electronic filing need to be cognizant of the very real concerns related to access so as to not compromise them in the name of technological advancement and efficiency.
This bill represents one of the largest steps forward on the path to fully digitized court filings and service. However, it provides safeguards that alleviate some of the concerns discussed above. For instance, courts that require electronic filing and service would need to have a procedure for the filing of nonelectronic documents in order to prevent the program from causing undue hardship or significant prejudice to any party in an action, including, but not limited to, unrepresented parties. Judicial Council would be required to make a form available to allow a party to seek an exemption from mandatory electronic filing and service on these grounds.
To appreciate the unique concerns presented by unrepresented parties, this bill would provide that unrepresented persons are exempt from mandatory electronic filing and service. In addition, courts would be required to permit a party or attorney to file an application for waiver of court fees and costs, in lieu of requiring the payment of the filing fee, as part of the process involving the electronic filing of a document.
However, as with any advancement in technology or any change in systems, concerns would still exist regarding the effects on unrepresented parties. For instance, many times unrepresented parties may have limited representation at various times during the lifecycle of litigation. Although assurances have been made that such parties would not fall through the cracks and be prejudiced by the electronic filing and service systems, implementation will be critical.
This bill would hand over a great deal of responsibility to Judicial Council to adopt uniform rules regarding statewide policies on vendor contracts, privacy, access to public records, unrepresented parties, parties with fee waivers, hardships, reasonable exceptions to electronic filing, and rules relating to the integrity of electronic service. Although rules of court already exist that address some of these concerns, Judicial Council will have to be vigilant to respond to any deficiencies. EFSPs will have to be monitored to ensure that they are providing the requisite access and disclosures to unrepresented parties and facilitating fee waivers when appropriate.
The County Welfare Directors Association of California writes in support of the bill: “Making use of available technology, while being sensitive that not every Californian has access to this technology, is an important step forward for our court system.”
4. Accomplishing express consent
Some concerns have been raised about the process for consenting to electronic service in litigation. Systems should ensure that the relevant parties are aware they are agreeing to accept service electronically to ensure adequate due process is afforded in this new digitized world. This bill would provide that, for cases filed on or after January 1, 2018, if a document may be served by mail, express mail, overnight delivery, or facsimile transmission, electronic service of the document is not authorized unless a party or other person has expressly consented to receive electronic service in that specific action or the court has otherwise ordered electronic service on a represented party or other represented person.
This bill would allow for two methods of accomplishing express consent to electronic service: (1) serving a notice on all parties and filing the notice with the court; or (2) manifesting affirmative consent through electronic means with the court or the court’s EFSP, and concurrently providing the party’s electronic address with that consent for the purpose of receiving electronic service. This latter consent could take the form of a pop-up window on a person’s screen informing the person that they are consenting to electronic service and forcing them to input the proper e-mail address for receiving such future service. This affirmative step ensures clear notice and acceptance.
Current California Rule of Court 2.251(b) provides that consent may be had through simply electronically filing a document with the court. This bill would supersede this rule and explicitly provide that the act of electronic filing would not suffice to establish express consent.
This bill would also allow a party or other person who has provided express consent to accept service electronically to withdraw consent at any time by completing and filing the appropriate Judicial Council form, which would be required to be created by January 1, 2019. Consent, or the withdrawal of consent, to receive electronic service would only be able to be completed by a party or other person entitled to service or that person’s attorney.
As discussed above, unrepresented parties would be exempt from mandatory electronic service. Rule of Court 2.251(b) provides that unrepresented parties are only deemed to have expressly consented when serving a notice on all parties that they accept electronic service and filing it with the court.
5. Addressing concerns of privacy, pricing, and competition
A number of concerns present themselves when requiring parties to go through private companies to access the court, including the negative consequences of allowing only one company to control access, the costs this places on parties to access the courts, and the privacy of the information being transferred through the EFSPs to the court.
First, to prevent any monopolies from forming around the provision of electronic access to the courts, this bill requires that both the court and the parties have access to more than one EFSP capable of electronically filing documents or to electronic filing access directly through the court. Courts currently operating electronic filing and service systems generally provide a list of eligible EFSPs from which parties can choose. Further rules of court may be necessary to ensure EFSPs are operating appropriately and abiding by the statutory requirements that would be established by this bill.
Another issue is the costs this places on parties to access the courts, especially when electronic filing and service is mandatory. This bill would provide that any fees charged by the court, an electronic filing manager, or an EFSP to process a payment for filing fees and other court fees shall not exceed the costs incurred in processing the payment. It would further provide that any fees charged by the court must be no more than the actual cost of the electronic filing and service. This is a strong limitation that ensures costs do not become too significant a barrier to access. However, this bill’s only limitation on other fees charged by the EFSP is that such fees must be reasonable. Again, further rules may need to be adopted if EFSP fees begin to erect too great a hurdle for persons to have access to justice.
A final concern is the privacy of the information that is being electronically delivered to the court through EFSP intermediaries. This bill would provide that all confidential or sealed records must be served through encrypted methods to prevent improper disclosure. In addition, particularly sensitive documents in certain contexts would be prohibited from electronic filing, such as medical records associated with minors in juvenile court. All other electronic service and filing in juvenile matters would be required to be conducted in a manner that preserves and ensures the confidentiality of records by encryption.
6. Expansion of electronic filing and service into other contexts
This bill would allow any court to require electronic filing and service by local rule in civil cases. However, it would also expand use to juvenile, probate, and criminal courts. Guidance and recommendations for these changes was provided through detailed reports by various advisory bodies convened by Judicial Council, including the Criminal Law Advisory Committee, the Family and Juvenile Law Advisory Committee, and the Probate and Mental Health Advisory Committee.
This bill’s provisions regarding permissive electronic filing and service, in Section 1010.6 of the Code of Civil Procedure, would be made applicable to criminal actions. Judicial Council would be responsible for adopting uniform rules that govern such use in the criminal context. Judicial Council, the sponsor of this bill, has committed to working with stakeholders in the criminal justice arena to ensure this rulemaking appreciates the unique concerns electronic filing and service would present in the criminal context.
This bill would also provide for optional electronic service in the probate courts, detailing the process for electronic delivery. In order to protect participants, this bill prohibits the electronic delivery of notice or any other document unless the person to receive such notice has expressly consented on the appropriate Judicial Council form to receive electronic delivery in the proceeding. California Rule of Court 7.802 already provides that the provisions of Section 1010.6 of the Code of Civil Procedure and the attendant Rules of Court governing electronic filing and service in civil matter apply to contested proceedings under the Probate Code and the Probate Rules. This bill would simply authorize electronic delivery in uncontested or not-yet-contested proceedings.
Juvenile courts would also have limited use of electronic service and filing under this bill. This bill would provide that a document can be filed and served electronically in a juvenile court consistent with Section 1010.6 of the Code of Civil Procedure and the relevant rules of court adopted by the Judicial Council, under enumerated conditions. The same general protections afforded under Section 1010.6 would be applied in the juvenile court context. For instance, express consent would be necessary and able to be withdrawn.
In the juvenile court context, there are clearly heightened concerns about unintended consequences and ensuring proper procedures. This bill provides extremely clear guidelines and carefully limits its use for certain age groups. For instance, electronic service is only permitted for children between 10 and 15 years of age with the express consent of both the child and the child’s attorney. It is entirely prohibited for children under 10 years of age. Even children between 16 and 18 years of age would need to consent to electronic service after consultation with the child’s attorney. This bill would further provide that Judicial Council shall develop rules of court laying out the duties of counsel during such required consultations.
In addition, this bill would prohibit electronic service of more sensitive documents, including psychological and medical documentation. All electronic filing and service would be required to be conducted in a manner to ensure confidentiality through encryption.
Support: California Association of Legal Support Professionals; California Defense Counsel; California District Attorneys Association; California Judges Association; Coalition for Improving Court Access; Consumer Attorneys of California; County Welfare Directors Association of California; Disability Rights Center
Opposition: None Known
HISTORY
Source: Judicial Council
Related Pending Legislation: AB 1450 (Obernolte, 2017) would require court reporters to provide electronic transcripts meeting specific formatting requirements. It would ensure that court reporters are not required to use a specific vendor, technology, or software. This bill is currently in the Senate Judiciary Committee.
Prior Legislation:
AB 2244 (Gatto, Ch. 461, Stats. 2016) updated some of the statutory rules and conditions surrounding mandatory e-filing, in particular relating to processing fees charged for e-filing payments, payment options, and the ability of prevailing parties to recover e-filing fees.
AB 2073 (Silva, Ch. 320, Stats. 2012) See Background.
SB 1274 (Committee on Judiciary, Ch. 156, Stats. 2010) See Background.
SB 367 (Dunn, Ch. 514, Stats. 1999) See Background.
Prior Vote:
Assembly Floor (Ayes 77, Noes 0)
Assembly Appropriations Committee (Ayes 16, Noes 0)
Assembly Judiciary Committee (Ayes 11, Noes 0)
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Indeed, allowing e-filing can grant litigants access (remote access) to their courts, saving them valuable time that would otherwise be spent standing in line and away from work—which can be particularly difficult for low-wage and self-represented litigants. ↑
Date of Hearing: May 3, 2017
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
ABPCA Bill Id:AB 976
Author:(Berman) – As Amended Ver:April 20, 2017
Policy Committee: | Judiciary | Vote: | 11 - 0 |
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Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill expands permissive electronic filing and service of court documents and clarifies rules about electronic filing and service relating to electronic signatures, timing, notice, and transmission. This bill establishes processes through which electronic filing can be used. In addition, this bill makes numerous technical changes throughout state law consistent with allowing electronic filing.
FISCAL EFFECT:
Unknown potential savings associated with some filings being submitted electronically, rather than with paper copies.
COMMENTS:
Background and Purpose. As part of legal cases, individuals and other entities involved in a case will need to file various documents with the court, or serve copies of notices to other parties involved in the case. According to the author, “Electronic filing and service are not new concepts for California courts. It has been debated, piloted, and studied. Given the work that has occurred on this issue and the increased efficiency provided to courts and parties, it is time that we give courts the authority expand electronic filing and service. This bill would take the next step by modernizing our statutes to facilitate electronic filing and service in civil, criminal, juvenile, and probate proceedings.”
Analysis Prepared by: Jessica Peters / APPR. / (916) 319-2081
Date of Hearing:
ASSEMBLY COMMITTEE ON
, Chair
ABPCA Bill Id:
Author:() – As Ver:
PROPOSED CONSENT (As Proposed to be Amended)
SUBJECT:
KEY ISSUE: IN ORDER TO PROMOTE COST SAVINGS AND OPERATIONAL EFFICIENCIES ASSOCIATED WITH NEW COURT TECHNOLOGY AND TO ENSURE THAT ALL LITIGANTS HAVE FULL AND EQUAL ACCESS TO OUR COURTS, SHOULD ELECTRONIC FILING AND NOTICES CONTINUE TO BE ADVANCED AND EXPANDED?
SYNOPSIS
During the 2014-15 fiscal year, there were 6.8 million cases filed statewide in the superior courts. Given the high volume of filings in California’s courts each year, a party’s ability to file and serve documents electronically significantly improves the court’s capacity to process filings. In 2012, the Legislature authorized a pilot program to allow the Orange County Superior Court to require parties to file their legal documents electronically under AB 2073 (Silva, Chap. 320, Stats. 2012). Thereafter, the Judicial Council adopted Rules of Court for mandatory electronic filing. To date, 15 trial courts have adopted some form of mandatory electronic filing system. Although mandatory electronic filing may be an attractive option, electronic filing has not been perfect. Recently, this Committee learned about issues involving the formatting of judicial council forms and continues to question whether persons with disabilities and persons in low-income households are getting full and equal access to the court’s new technologies.
Ultimately, the Judicial Council is seeking to promote a “digital court” that allows courts and the public to access information faster, and achieve cost savings and operational efficiencies like eliminating or reducing costs associated with paper records. To that end, this bill expands the current statutory framework on electronic filing to several different case types, and inches the court toward a system that operates with less paper.
Although all of the changes in this 175-page bill cannot be usefully described in this analysis, the changes can be grouped into the following categories: (1) clarifying the rules about electronic signatures, date of delivery, and express consent; (2) expanding electronic filing and delivery to other courts, such as criminal, probate, and juvenile; and (3) making technical changes including removing obsolete or outdated provisions of law, and adopting various conforming changes. This bill is sponsored by the Judicial Council and has support from California Defense Counsel, California District Attorneys Association, California Judges Association, Coalition for Improving Court Access, and County Welfare Directors Association of California. There is no opposition on file.
SUMMARY: Expands permissive electronic filing and service to other case types and clarifies rules about electronic filing and service relating to electronic signatures, timing, notice, and transmission. Specifically, this bill:
- Provides that electronic service of the document, as provided, is not authorized unless a party or other person has expressly consented on the appropriate Judicial Council form to receive electronic delivery in that specific action or the court has ordered electronic service on a represented party.
- Provides that if a document is required to be served by certified or registered mail, electronic service of the document is not authorized.
- Clarifies that if a document may be served by mail, express mail, overnight delivery, or facsimile transmission, electronic service of that document is deemed complete at the time of the electronic transmission of the document or at the time that the electronic notification of service of the document is sent.
- Establishes that any document that is served electronically between 12:00 a.m. and 11:59:59 p.m. on a court day shall be deemed served on that court day. Any document that is served electronically on a noncourt day shall be deemed served on the next court day.
- Provides that a party or other person who has provided express consent to accept service electronically may withdraw consent at any time by completing and filing with the court the appropriate Judicial Council form. Requires the Judicial Council to create such a form by January 1, 2019.
- Provides that consent or the withdrawal of consent to receive electronic service shall be filed with the court only by a party or other person entitled to service, or that person’s attorney.
- Provides that confidential or sealed records shall be electronically served through encrypted methods to ensure that these documents are not improperly disclosed.
- Specifies that when a document to be filed requires the signature to be under penalty of perjury, the document shall be deemed to have been signed under penalty of perjury if either:
- The person has signed a printed form of the document before or on the same day as, the date of filing. The attorney or other person filing the document represents, by the act of filing that the declarant has complied with this section. The attorney or other person filing the document shall maintain the printed form of the document bearing the original signature until final disposition of the case, as provided, and make it available for review and copying upon the request of the court or any party to the action or proceeding in which it is filed.
- The person has signed a document using a computer or other technology pursuant to the procedures set forth in a rule of court to be adopted by the Judicial Council by January 1, 2019.
- Clarifies that if a trial court, by local rule, requires electronic filing and service in civil actions, certain conditions apply, including that unrepresented persons are exempt from mandatory electronic filing and service.
- Clarifies that the court shall have a procedure for the filing of nonelectronic documents in order to prevent the program from causing undue hardship or significant prejudice to any party in an action, including, but not limited to, unrepresented parties. The Judicial Council shall make a form available to allow a party to seek exemption from mandatory electronic filing and service on grounds provided in this paragraph.
- Clarifies that if service is to be made by electronic service, service shall be made pursuant to Section 1010.6 and to applicable rules of court.
- Provides that electronic service is not authorized for a notice that requires certified or registered mail at least until January 1, 2022.
- Establishes the methods for proof of service, as provided.
- Allows permissive filing and service of documents to criminal actions as provided. Also requires the Judicial Council to adopt uniform rules for the electronic filing and service of documents in criminal cases in the trial courts of this state.
- For probate proceedings, a notice or other paper that is required or permitted to be delivered to a person, may be delivered by electronic delivery, as follows:
- A notice or other paper may not be delivered by electronic means unless the person to receive notice has expressly consented on the appropriate Judicial Council form to receive electronic delivery in the proceeding before the court and has provided an electronic address for that express purpose.
- Electronic delivery is complete when the notice or other paper is sent. The period of notice is not extended.
- Electronic delivery is not permitted for a notice or other paper that requires delivery by certified or registered mail.
- For juvenile proceedings, a document in a juvenile court matter may be filed and served electronically as prescribed by Section 1010.6 of the Code of Civil Procedure, under the following conditions:
- Electronic service is authorized only if the county and the court permit electronic service.
- Electronic service on a party or other person is permitted only if the party or other person has provided express consent to accept service electronically in that specific action by completing the appropriate Judicial Council form. A party or other person may subsequently withdraw its consent to electronic service by completing the appropriate Judicial Council form.
- Consent or the withdrawal of consent to receive electronic service may be filed with the court only by a party or other person entitled to service, or that person’s attorney.
- Electronic service shall be provided in the following manner:
- Electronic service is not permitted on any party or person who is under 10 years of age.
- Electronic service is not permitted on any party or person who is between 10 years of age and 15 years of age without the express consent of the minor and the minor’s attorney.
- Electronic service shall be permitted on any party or person who is 16 to 18 years of age only if the minor, after consultation with his or her attorney, consents. The Judicial Council, by January 1, 2019, shall develop a rule of court on the duties of the minor’s attorney during the required consultation.
- Electronic service of psychological or medical documentation related to a minor shall not be permitted. In specific matters, the party or other person shall be served by both electronic means and by other means specified by law.
- In certain matters as provided, the party or other person shall be served by both electronic means and by other means specified by law.
- The requirements of this section shall be consistent with Section 1010.6 and rules of court adopted pursuant to that section.
- Deletes references to the Orange County Superior Court pilot project.
- Provides that when documents, notices, etc. may be delivered in various code sections.
- Makes technical and non-substantive conforming changes including various cross-references.
EXISTING LAW:
- Authorizes courts to allow parties to electronically file court documents in accordance to rules established by the Judicial Council, and as provided by state law. (Code of Civil Procedure Section 1010.6 (b). Unless stated otherwise, all further statutory references are to the Code of Civil Procedure.)
- Specifies that a document that is filed electronically shall have the same legal effect as an original paper document. (Section 1010.6 (b)(1).)
- Provides that when a document to be filed requires the signature, not under penalty of perjury, of an attorney or a self-represented party, the document shall be deemed to have been signed by that attorney or self-represented party if filed electronically. (Section 1010.6 (b)(2)(A).)
- Provides that when a document to be filed requires the signature, under penalty of perjury, of any person, the document shall be deemed to have been signed by that person if filed electronically and if a printed form of the document has been signed by that person before or on the same day as, the date of filing. The attorney or person filing the document represents, by the act of filing, that the declarant has complied with this section. The attorney or person filing the document shall maintain the printed form of the document bearing the original signature and make it available for review and copying upon the request of the court or any party to the action or proceeding in which it is filed. (Section 1010.6 (b)(2)(B).)
- Specifies that any document that is electronically filed with the court after the close of business on any day shall be deemed to have been filed on the next court day. “Close of business,” as used in this paragraph, means 5 p.m. or the time at which the court will not accept filing at the court’s filing counter, whichever is earlier. (Section 1010.6 (b)(3).)
- Requires the court to permit a party or an attorney to file an application for a fee waiver as part of the electronic filing process. (Section 1010.6 (b)(6).)
- Authorized the Orange County Superior Court, by local rule and until July 1, 2014, to establish a pilot project to require parties to electronically file and serve documents in specified civil actions subject to specified conditions, including:
- The court shall have the ability to maintain the official court record in electronic format for all cases where electronic filing is required.
- The court and the parties shall have access either to more than one electronic filing service provider capable of electronically filing documents with the court, or to electronic filing access directly through the court.
- Any fees charged by the court shall be for no more than the actual cost of the electronic filing and service of the documents, and shall be waived when deemed appropriate by the court, including, but not limited to, for any party who has received a fee waiver. Any fees charged by an electronic filing service provider shall be reasonable and shall be waived when deemed appropriate by the court, including, but not limited to, for any party who has received a fee waiver. (Section 1010.6 (d).)
- Authorizes trial courts to require parties to electronically file and serve documents, provided that the trial court follows the rules adopted by the Judicial Council for mandatory electronic filing, and meets the conditions specified under the Orange County Superior Court pilot. (Section 1010.6 (g).)
- Provides that rules adopted by the Judicial Council relating to mandatory electronic filing and service of documents in trial courts shall include statewide policies on vendor contracts, privacy, access to public records, unrepresented parties, parties with fee waivers, hardships, reasonable exceptions to electronic filing, and the integrity of electronic service. (Section 1010.6 (f).)
- Sets forth the rules adopted by the Judicial Council regarding electronic filing and serving of court documents. (Cal. Rules of Court, Rules 2.250-2.261.)
FISCAL EFFECT: As currently in print this bill is keyed fiscal.
COMMENTS: California’s court system is one of the largest in the world, with more than 2,000 judicial officers and approximately 19,000 judicial branch employees statewide who assist in the court’s management of cases every year. (2016 Courts Statistics Report: Statewide Caseload Trends, Judicial Council of California (2016).) During the 2014-15 fiscal year, there were 6.8 million cases filed statewide in the superior courts (down from 7.5 million in FY 2013-14). (Ibid.)
Given the high volume of filings in California’s courts each year, a party’s ability to file and serve documents electronically significantly improves the court’s capacity to process filings. Ideally, parties could file their legal documents electronically directly to the court through a statewide case management system at no additional cost (aside from the court filing fee). But given the reality of the courts not having such a system, trial courts are doing the best they can to facilitate electronic filing with county systems that rely upon fees for service.
The failure of a statewide court case management system (which would have allowed parties to file electronically with ease) has forced our courts to look elsewhere for technological improvements. The Judicial Council’s Court Case Management System (CCMS), an ambitious court technology project to provide all 58 superior courts with a long-needed uniform, linked case management system would have, among other things, made it easier for parties to file their legal documents electronically with the courts. In February 2011, the California State Auditor issued a report roundly criticizing the Judicial Council's lack of proper management and oversight of the project. In its report, the Auditor concluded that, among other criticisms of the project, the Judicial Council did not ensure adequate independent oversight of CCMS, as should be expected of a project of similar size and complexity. Concern about the computer project continued, resulting in internal and independent reviews, legislative hearings, and proposed legislation. In March of 2012, the Legislature concluded the project must be halted and denied any further funding to CCMS. Later that month, the Judicial Council terminated the project. The termination of CCMS, after the expenditure of more than half a billion dollars, not only depleted the courts’ increasingly scarce resources, but also left many trial courts with failing case management systems. As a result, counties have turned to various private vendors to provide technology systems to their courts. Generally, these private technology systems allow for the electronic filing of documents.
Background on electronic filing. Many state courts throughout the country have electronic filing capabilities. Some of these courts allow electronic filing, while others mandate it. Likewise, federal rules allow federal courts to accept documents via electronic filing, if they so choose and allow federal courts to require electronic filing “only if reasonable exceptions are allowed.” (Fed. Rules Civ.Proc., rule 5(d), 28 U.S.C.) Generally, under the federal approach, only attorneys are mandated to participate in electronic filling. However, the federal courts have a rule that prohibits a court clerk from refusing to accept paper filings—even if a local court rule mandates electronic filing. (Ibid.)
How does electronic filing work? According to a recent staff report from the Judicial Council, an electronic filing system requires both an electronic filing service provider (EFSP) and an electronic filing manager (EFM). Generally, the litigant files the legal document with the EFSP which translates the information, and sends it to the EFM, which delivers and communicates that information to the court’s case management system. (The Critical Role of the State Judiciary in Increasing Access for Self-Represented Litigants: Self-Help Access 360˚, Judicial Council, July 2015.)
If electronic filing is not managed correctly, it can create barriers to access to justice for self-represented and low-income litigants. In a Judicial Council staff report, concerns were raised about electronic filing and its impact on access to justice:
Early experiences with e-filing, both in California and in other states, suggest that many private vendor [electronic service providers] are not focused on serving the market segment of self-represented litigants, many of whom are indigent and qualify for fee waivers. The access community believes that the exclusion of self-represented litigants from electronic filing “has the potential to enlarge the access to justice gap in the long run.” Electronic filing is an area in which a slight tip of the balance means that the technology tool is no longer used to achieve greater access; rather, it becomes a barrier. The California judicial branch has the opportunity to “place a finger on the scale” in favor of low-income and self-represented litigants by developing the capacity to serve as the [electronic filing service provider] and [the electronic filing manager] for all self-represented litigants in the state. (The Critical Role of the State Judiciary in Increasing Access for Self-Represented Litigants: Self-Help Access 360˚, supra.)
Mandatory electronic filing is not new to California. California initially authorized electronic filing in 1999 under SB 367 (Dunn, Chap. 514, Stats. 1999). In 2012, the Legislature authorized a pilot program to allow the Orange County Superior Court to require parties to file their legal documents electronically under AB 2073 (Silva, Chap. 320, Stats. 2012). Among other things, the AB 2073 pilot required the following: (1) the court to have the ability to maintain the official court record in electronic format for all cases where electronic filing is required; (2) the court and the parties to have access either to more than one EFSP capable of electronically filing documents, or to electronically file directly through the court; and (3) the court to have a procedure for the filing of non-electronic documents in order to prevent undue hardship or significant prejudice to any party in an action. (Section 1010.6 of the Code of Civil Procedure 1010.6 provides the framework for electronic filing and service in civil courts, and provides rules for permissive and mandatory electronic filing.)
Assuming that other trial courts would eventually want mandatory electronic filing, AB 2073 required the Judicial Council to adopt rules for trial courts. Those rules required a consideration of statewide policies on vendor contracts, privacy, access to public records, unrepresented parties, parties with fee waivers, hardships, reasonable exceptions to electronic filing, and integrity of electronic service. Trial courts that choose mandatory electronic filing must also follow the conditions required under the Orange County Superior Court pilot.
In 2014, the Judicial Council reported that the Orange County pilot “was a success”:
Mandatory electronic filing resulted in significant cost savings for the court and was generally less expensive for represented and self-represented litigants. Electronic filing also offered ease of use and convenience for litigants. And when issues arose, the court responded to address those issues. Similarly, changes to the California Rules of Court ameliorated any latent access issues by exempting SRLs [self-represented litigants] from the mandatory electronic filing requirement. (Report on the Superior Court of Orange County’s Mandatory E-Filing Pilot Project, Judicial Council of California, September 30, 2014.)
New concerns? To date, 15 trial courts have adopted some form of mandatory electronic filing system. Although mandatory electronic filing may be an attractive option for trial courts because of the significant efficiencies to courts, electronic filing has not been perfect. Indeed, as more and more courts implement electronic filing systems, this Committee discovers new issues. In the past, this Committee raised issues about how the current process has affected indigent litigants; competition among vendors; and the high cost of electronic filing.
For example, this Committee recently learned about problems involving the formatting of judicial council forms, raising concerns over privacy and confidentiality. The Committee continues to wonder whether persons with disabilities and persons in lower-income households are getting full and equal access to the court’s new technologies. Given these concerns over electronic filing, this Committee has been cautious. But times they are a-changin’.
The Judicial Council continues to implement strategies to modernize court services that maintain access to justice and maximize judicial resources. In August 2014, the Judicial Council released its Strategic Plan for Technology (2014-2018) that sets out a roadmap for the adoption of technology solutions that further the administration of justice. (Judicial Council, Technology Planning Task Force, Strategic Plan for Technology (2014-2018) http://www.courts.ca.gov/documents/jctc-Court-Technology-Strategic-Plan.pdf.) In its plan, the Judicial Council established a series of guiding principles, including (among others): (1) allowing all court users to have impartial and effective access to justice; (2) providing services to self-represented litigants; (3) promoting innovative approaches while accommodating persons needing access through conventional means; (4) advancing court operational practices to make full use of technology; (5) and fostering and encouraging local innovation to spur possible wider implementation. (Ibid.) Ultimately, the Judicial Council hopes to promote a “digital court” that will allow courts and the public access to information faster, and achieve cost savings and operational efficiencies like eliminating or reducing costs associated with paper records.
Summary of this bill. Accordingly, consistent with Judicial Council’s Strategic Plan for Technology, this bill expands the current statutory framework on electronic filing to several different case types, and inches the court toward a system that operates with less paper. Although all of the changes in this 175-page bill cannot be usefully described in this analysis, the changes can be grouped into the following categories: (1) clarifying the rules about electronic signatures, date of delivery, and express consent; (2) expanding electronic filing and delivery to other courts like criminal, probate, and juvenile; and (3) making technical changes including removing obsolete or outdated provisions of law, and adopting various conforming changes.
Author’s statement. In support of this bill, the author writes:
Electronic filing and service are not new concepts for California courts. It has been debated, piloted, and studied. Given the work that has occurred on this issue and the increased efficiency provided to courts and parties, it is time that we give courts the authority expand electronic filing and service. This bill would take the next step by modernizing our statutes to facilitate electronic filing and service in civil, criminal, juvenile, and probate proceedings.
Five years ago, the Legislature enacted Assembly Bill 2073 (Ch. 320, Stats. 2012), which authorized the Superior Court of Orange County to implement a mandatory electronic filing and service pilot project. In 2013, the Judicial Council adopted uniform rules allowing for mandatory electronic filing and service in civil cases. The trial court rules now provide a framework for mandatory and permissive filing and service in civil cases.
The Judicial Council’s Information Technology Advisory Committee (ITAC) was charged with a modernization project to review and recommend amendments to statutes and California Rules of Court to facilitate electronic filing and service and to foster modern e-business practices across all case types.
AB 976 builds on the lessons learned in promulgating the uniform mandatory electronic filing and service rules, as well as the experience of the Superior Court of Orange County and other superior courts in implementing mandatory and permissive electronic filing. It combines e-filing and e-service proposals that were developed by ITAC with the Judicial Council’s Civil and Small Claims Advisory Committee, Criminal Law Advisory Committee, Family and Juvenile Law Advisory Committee, and Probate and Mental Health Advisory Committee.
This bill as proposed to be amended authorizes documents that require a signature under penalty of perjury to signed with an electronic signature. Under existing law, a document that does not require a signature under penalty of perjury is deemed to have been signed if the document is filed electronically. However, if the document requires a signature under penalty of perjury, the party must file the document electronically and print out and keep a copy of the document bearing the original signature so that it is available for inspection by the court or any party to the action. This bill as proposed to be amended authorizes the Judicial Council to adopt a rule of court by January 1, 2019 to sensibly allow a party to file a document bearing an electronic signature. To accommodate those without possible access to an electronic signature, this bill maintains the existing paper retention requirement but only until the final disposition of the case.
This bill clarifies the rule about when a document is “deemed to be served.” Under existing law, a document electronically filed after 5 p.m. (close of business) is deemed to be filed on the next court day. This bill changes that rule and reasonably provides that any document that is served electronically between 12:00 a.m. and 11:59:59 p.m. on a court day shall be deemed served on that court day. This bill also provides that any document that is served electronically on a noncourt day shall be deemed served on the next court day.
As proposed to be amended, this bill makes clear that parties must expressly consent on the appropriate Judicial Council form to receive electronic delivery in that specific action. This Committee has previously raised concerns about ensuring that the public—when receiving official notices—do not inadvertently consent to electronic delivery; rather, an individual must actually knowingly opted into receiving that notice by electronic means. To address these concerns, this bill rightfully provides that a document may not be delivered by electronic means unless a party or other person has expressly consented on the appropriate Judicial Council form to receive electronic delivery in that specific action. To this end, this bill also clarifies that parties may withdraw consent at any time, and requires the Judicial Council to develop the appropriate form. When it comes to the electronic delivery of a document that requires certified or registered mail, this Committee entertained exploring various receipt options including acknowledgment by electronic signature, web download of a document, and other affirmative steps (e.g., not a read receipt). To give the Judicial Council more time to consider these options, this bill prohibits electronic service of a document if that document must be served by certified or registered mail.
This bill as proposed to be amended provides additional privacy protections. To protect the privacy and confidentiality of parties, this bill as proposed to be amended also specifies that confidential and sealed records shall be electronically served through encrypted methods to ensure that the documents are not improperly disclosed.
This bill authorizes the expansion of permissive electronic filing and delivery of notices to other courts: criminal, probate, and juvenile.
Criminal. This bill provides that the permissive portions of CCP 1010.6 may be applied to criminal actions. This bill also requires the Judicial Council to adopt uniform rules for the electronic filing and service of documents in criminal cases in state trial courts. Like in other public comment rule making processes, Judicial Council staff has reassured this Committee that the Judicial Council will reach out to various criminal law stakeholders to ensure that the criminal bar is part of the conversation as the Judicial Council develops its rule.
Probate. This bill authorizes permissive electronic delivery of notices in uncontested and not-yet-contested probate matters. As previously stated, to address the Committee’s concerns about express consent, this bill provides that a notice or other paper may not be delivered by electronic means unless the person to receive notice has expressly consented on the appropriate Judicial Council form to receive electronic delivery in the proceeding before the court and has provided an electronic address for that express purpose.
Juvenile. This bill authorizes permissive electronic delivery for matters in juvenile court. However, because juvenile court involves minors of various ages, this bill provides additional rules on when electronic delivery is permissible. Under current law, minors at 10 years of age may receive notices of their proceedings. To maintain consistency with that existing policy, this bill as proposed to be amended provides electronic service in the following manner: (1) Electronic service is not permitted on any party or person under 10 years of age; (2) Electronic service is not permitted on any party or person between 10 years of age and 15 years of age without the express consent of the minor and the minor’s attorney; (3) Electronic service shall be permitted on any party or person who is 16 to 18 years of age only if the minor, after consultation with his or her attorney, consents. This bill also requires the Judicial Council, by January 1, 2019, to develop a rule of court on the duties of the minor’s attorney during the required consultation.
Given the sensitive nature of some specific juvenile case types, this bill requires that notices be served by both electronically and paper means (e.g., cases involving a minor Indian Child, or where there is a recommendation to terminate parental rights). To this end, this bill requires electronic service and filing to be conducted in a manner that preserves and ensures the confidentiality of records by encryption.
This bill also makes important clarifying and technical changes. As stated before, this bill makes technical changes including removing obsolete or outdated provisions of law, and adopting various conforming changes. To that end, this bill clarifies that unrepresented parties are exempt from mandatory electronic filing, consistent with previous legislative measures.
REGISTERED SUPPORT / OPPOSITION:
Support
Judicial Council of California (sponsor)
California Association of Legal Support Professionals
California Defense Counsel
California District Attorneys Association
California Judges Association
Coalition for Improving Court Access
County Welfare Directors Association of California
Opposition
None on file
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