California Welfare and Institutions Code § 294

Welfare and Institutions Code
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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 Indian custodian, if it is known or there is reason to know that the child is an Indian child as defined by Section 224.1. (4) The child, if the child is 10 years of age or older. (5) 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. (6) 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 a sibling whose matter is calendared in the same court on the same day. (7) The grandparents of the child, if their address is known and if the parent’s whereabouts are unknown. (8) All counsel of record. (9) To any unknown parent by publication, if ordered by the court pursuant to paragraph (2) of subdivision (g). (10) 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, 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 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,

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