Cal. Welf. and Inst. Code § 291

Current through the 2021 Legislative Session
Section 291 - Service of notice after initial petition hearing

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 Indian custodian, if it is known that the child is an Indian child, as defined by Section 224.1.
(5) The child, if the child is 10 years of age or older.
(6) The child's tribe, if known, and any tribe in which the child may be a member or eligible for membership if the specific tribe is not known, and it is known or there is reason to know that the child is an Indian child, as defined by Section 224.1.
(7) Any known sibling of the child who is the subject of the hearing if that sibling either is the subject of a dependency proceeding or has been adjudged to be a dependent child of the juvenile court. If the sibling is 10 years of age or older, the sibling, the sibling's caregiver, and the sibling's attorney. If the sibling is under 10 years of age, the sibling's caregiver and the sibling's attorney. However, notice is not required to be given to any sibling whose matter is calendared in the same court on the same day.
(8) Each attorney of record unless counsel of record is present in court when the hearing is scheduled, then no further notice need be given.
(9) 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.
(10) 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), (5), or (9) 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), (4), or (9) 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 it is known or there is reason to know that the child is an Indian child, as defined in Section 224.1, notice shall be given in accordance with Section 224.3.

Ca. Welf. and Inst. Code § 291

Amended by Stats 2018 ch 833 (AB 3176),s 11, eff. 1/1/2019.
Amended by Stats 2017 ch 319 (AB 976),s 115, eff. 1/1/2018.
Amended by Stats 2016 ch 612 (AB 1997),s 60, eff. 1/1/2017.
Amended by Stats 2015 ch 219 (AB 879),s 5, eff. 1/1/2016.
Amended by Stats 2007 ch 583 (SB 703),s 20, eff. 1/1/2008.
Amended by Stats 2006 ch 838 (SB 678),s 38, eff. 1/1/2007.
Amended by Stats 2003 ch 558 (AB 579),s 3, eff. 1/1/2004.
Added by Stats 2002 ch 416 (SB 1956),s 1, eff. 1/1/2003.