Title
Title
Juvenile Law: Dependency Hearings (Action Required)
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Summary
Summary
The Family and Juvenile Law Advisory Committee recommends amending the rules in title 5 of the California Rules of Court that set forth the procedures to be followed during dependency court hearings, from the initiation of the case through each of the status review hearings, to delete unnecessary repetitions of statutory text or replace them with references to the relevant code sections. These amendments will enhance the brevity and accuracy of the rules while also consolidating some shorter rules where appropriate and reduce the frequency with which the rules need to be amended to reflect changes in the statutory text. In addition, proposed amendments clarify and update provisions in the rules concerning case plan requirements, relative placement, notice of subsequent dependency guardianship proceedings, and the legal distinctions between admitting petition allegations and submitting on the facts set forth in the petition.
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Recommendation
Recommendation
The Family and Juvenile Law Advisory Committee recommends that the Judicial Council, effective January 1, 2017, amend or repeal the following rules of the California Rules of Court (all statutory references below are to the Welfare and Institutions Code):
1. Amend rule 5.534 to delete subdivisions (a), (b), (c), (d), (o), and (p) that restate provisions of sections 349, 350, and 365;
2. Amend rule 5.668 to clarify subdivision (a) and delete language from subdivision (b) that restates provisions of sections 316.2;
3. Amend rule 5.670 to delete subdivisions (b), (c), (d), and (f) that restate provisions of sections 311, 313, 309(b), 315, and 334, and include a reference to section 309(b) in former subdivision (e);
4. Amend rule 5.674 to delete subdivision (c) that restates section 319 and substitute a reference to this deleted subdivision with a reference to section 319, and add provisions from repealed rule 5.680 conc...
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