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JUVENILE COURT
DEPENDENCY HEARINGS
Detention Hearing
W/I Section 319, California Rules of the Court 1444
Presumption: The minor shall be released to the parents unless legal
grounds are established to temporarily detain the minor.
Burden of Proof: Prima Facie evidence (evidence which suffices until
contradicted).
Burden of Production: The government.
Time Lines: A minor may be detained in protective custody for 15 days
pending a jurisdictional hearing.
Prima Fade Hearing - Detention Hearing
W/I Section 321, California Rules of the Court 1446
Jurisdictional Hearing
W/I Section 300, 350, 355.1 California Rules of the Court
Presumption: Unexplained non-accidental serious injuries are presumed
to be the result of abuse or neglect.
Burden of Proof: Preponderance of evidence that petition is true.
Burden of Production: The government.
Time Lines: 15 days after the Detention hearing.
Dispositional Hearing
W/I Section 360- 362.6 California Rules of the Court
Presumption: The minor shall be placed in the custody of the parents.
If the Court removes a minor from a custodial parent, there are presumptions that:
- The minor will be placed with a previously
non-custodial parent unless such placement would be detrimental.
The parents will receive Reunification Services.
That preferential consideration for placement will be given to a request by a relative.
Burden of Proof: Clear and
convincing evidence of substantial risk of danger to child.
Burden of Production: The government.
Time Lines: 10 days after the Jurisdictional hearing.
Six-Month Review Hearing
W/I Section 364, 366.21, 366.22 California Rules of the Court
Presumption: The minor shall be returned to the parents unless there is a
substantial risk to the minor's physical or emotional well-being or when the parents
have failed to participate regularly in any Court ordered treatment programs.
Burden of Proof: Preponderance of evidence. (If government wants to
terminate Reunification Services, must be clear and convincing evidence).
Burden of Production: The government.
Time Lines: 6 Months
Twelve-Month Hearing
W/I Section 366.21-f, 364 California Rules of the Court
Presumption: The minor shall be returned to the parents unless there
is a substantial risk to the minor's physical or emotional well-being or when the
parents have failed to participate regularly in any Court ordered treatment programs.
ïWhen the minor is not returned to the parents, it is presumed that services will
be terminated unless there is a substantial probability that the minor will be returned
to the custody of the parents within six months or unless reasonable services have
not been provided to the parents. (See W/I Section 366.21-g- I).
Burden of Proof: Preponderance of evidence, to determine if the child
should be returned home. Clear and convincing evidence to determine is the social
worker provided reasonable efforts.
Burden of Production: The government.
Time Lines: 12 months from the Dispositional hearing, but in no event
beyond 18 months from Detention.
Eighteen-Month Hearing
W/I Section 366.22, California Rules of the Court
Presumption: The minor shall be returned to the parents unless there
is a substantial risk to the minor's physical or emotional well-being or when the
parents have failed to participate regularly in any Court ordered treatment programs.
Burden of Proof: Preponderance of evidence.
Burden of Production: The government.
Selection and Implementation Hearing
W/I Section 366.26, California Rules of the Court
Presumption: If the minor is adoptable, it is presumed that parental
rights will be terminated unless adoption would be detrimental to the child.
Burden of Proof: Clear and convincing evidence that the minor child
will be adopted.
Burden of Production: The government.
Time Lines: 120 days from Order Terminating Reunification Services
Post Permanency Planning Hearing
W/I Section 366.3, California Rules of the Court 1464
Presumption: That previous orders stay in effect. This hearing determines
if progress is being made to find a permanent home for the child and if the case
can be dismissed.
Burden of Proof: Preponderance of evidence.
Burden of Production: On anyone proposing a change.
Time Lines: Every six months until case is dismissed.
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