Rule 5.618 of the California Rules of Court is adopted, and rule 5.697 is amended, effective October 1, 2021, to read: Rule 5.618. Placement in short-term residential therapeutic program (§§ 361.22, 1 727.12) 2 3 (

a) Applicability 4 5 This rule applies to the court’s review under

section 361.22 or 727.12 following the 6 placement of a child or nonminor dependent in a short-term residential therapeutic 7 program. 8 9 (

b) Service of request for hearing 10 11 The social worker or probation officer must use Placing Agency’s Request for 12 Review of Placement in Short-Term Residential Therapeutic Program (form JV- 13 235) to request a hearing under

section 361.22(b)(1) or 727.12(b)(1), and serve a 14 copy of the form and a blank copy of Input on Placement in Short-Term Residential 15 Therapeutic Program (form JV-236) within five calendar days of each placement 16 of a child or nonminor dependent in a short-term residential therapeutic program 17 on: 18 19

(1) The child’s parents and their attorneys of record, if parental rights have not 20 been terminated, or a nonminor dependent’s parents and their attorneys of 21 record, if the parent is receiving family reunification services; 22 23

(2) The child’s legal guardians, if applicable, and their attorneys of record; 24 25

(3) The attorney of record for the child or nonminor dependent, and the child, if 26 older than 10 years of age, or the nonminor dependent; 27 28

(4) The child’s or nonminor dependent’s Indian tribe and any Indian custodian, 29 in the case of an Indian child, and their attorneys of record; and 30 31

(5) For a child or nonminor dependent under

section 300 or 450 jurisdiction, the 32 child’s or nonminor dependent’s Court Appointed Special Advocate 33 volunteer, if applicable. 34 35 (

c) Setting the hearing 36 37 The court must set a hearing under

section 361.22(

d) or 727.12(

d) after receiving a 38 request for a hearing. The court must provide notice of the hearing to the following: 39 40

(1) The child’s parents and their attorneys of record, if parental rights have not 1 been terminated, or a nonminor dependent’s parents and their attorneys of 2 record, if the parent is receiving family reunification services; 3 4

(2) The child’s legal guardians, if applicable, and their attorneys of record; 5 6

(3) The attorney of record for the child or nonminor dependent, and the child if 7 older than 10 years of age, or the nonminor dependent; 8 9

(4) The child’s or nonminor dependent’s Indian tribe and any Indian custodian, 10 in the case of an Indian child, and their attorneys of record; and 11 12

(5) The child’s or nonminor dependent’s Court Appointed Special Advocate 13 volunteer, if applicable. 14 15 (

d) Report for the hearing 16 17

(1) The report described in

section 361.22(

c) or 727.12(

c) must be filed with the 18 court no later than seven calendar days before the hearing. 19 20

(2) The report must be served on the individuals listed in (

c) of this rule no later 21 than seven calendar days before the hearing. 22 23

(3) The documentation required by

section 361.22(c)(1)(

A) or 727(c)(1)(

A) must 24 not contain information that is privileged or confidential under existing state 25 law or federal law or regulation without the appropriate waiver or consent. 26 27 (

e) Input on placement 28 29

(1) The following parties who object to the placement may inform the court of 30 the objection by filing Input on Placement in Short-Term Residential 31 Therapeutic Program (form JV-236): 32 33 (

A) The child’s parents and their attorneys of record, if parental rights have 34 not been terminated, or a nonminor dependent’s parents and their 35 attorneys of record, if the parent is receiving family reunification 36 services; 37 38 (

B) The child’s legal guardians, if applicable, and their attorneys of record; 39 40 (

C) The attorney of record for the child or nonminor dependent, and the 41 child if older than 10 years of age, or the nonminor dependent; and 42 43

3 (

D) The child’s or nonminor dependent’s Indian tribe and any Indian 1 custodian, in the case of an Indian child, and their attorneys of record. 2 3

(2) Form JV-236 may be used to provide input on the child’s or nonminor’s 4 placement in the short-term residential therapeutic program by the individuals 5 listed in (1) and other individuals with an interest in the child or nonminor. 6 7

(3) Input from a Court Appointed Special Advocate volunteer can also be by a 8 court report under local rule. 9 10

(4) Local county practice and local rules of court determine the procedures for 11 completing, filing, and noticing form JV-236, except as otherwise provided in 12 this rule. 13 14 (

f) Approval without a hearing 15 16

(1) After the court receives a request for review, the court may approve the 17 placement without a hearing if the following conditions are met: 18 19 (

A) The service requirements of (

b) were met; 20 21 (

B) The placing agency has filed Proof of Service— Short-Term Residential 22 Therapeutic Program Placement (JV-237) verifying that the parties 23 listed in (e)(1) were served a copy of the report described in

section 24 361.22(

c) or 727.12(

c) no later than 10 court days before the hearing 25 date; 26 27 (

C) No party listed in (e)(1) has notified the court of their objection to the 28 placement within 5 court days of receiving the report described in 29

section 361.22(

c) or 727.12(c); and 30 31 (

D) Based on the information before the court, the court intends to approve 32 the placement consistent with

section 361.22(

e) or 727.12(

e) and (

g) of 33 this rule. 34 35

(2) If the court approves the placement without a hearing, it must notify the 36 individuals in (

c) of the court’s decision to approve the placement and vacate 37 the hearing set under

section 361.22(d)(1) or 727.12(d)(1). 38 39

(3) Nothing in this subdivision precludes the court from holding a hearing when 40 no objection to the placement is received. 41 42

(4) Notwithstanding (1)–(3), the court may approve the placement without a 1 hearing under a local rule of court if the local rule is adopted under the 2 procedures in rule 10.613 and meets the following requirements: 3 4 (

A) The rule ensures the placing agency has filed form JV-237 verifying 5 that the parties listed in (e)(1) were served a copy of the report 6 described in

section 361.22(

c) or 727.12(

c) no later than 10 court days 7 before the hearing date; 8 9 (

B) The rule ensures the court does not approve the placement until all the 10 parties listed in (e)(1), after receiving the report, have been given an 11 opportunity to indicate to the court their position on the placement 12 through form JV-236; 13 14 (

C) The rule ensures the court’s approval is consistent with

section 15 361.22(

e) or 727.12(

e) and (

g) of this rule; and 16 17 (

D) The rule ensures that the approval occurs no later than 60 days from the 18 start of the placement. 19 20 (

g) Conduct of the hearing 21 22

(1) In addition to the report described in

section 361.22(

c) or 727.12(c), the court 23 may consider all evidence relevant to the court’s determinations of

section 24 361.22(e)(2), (3) and (4) or 727.12(e)(2), (3) and (4) and whether the 25 placement in the short-term residential therapeutic program is consistent with 26 the child’s or nonminor dependent’s best interest. 27 28

(2) The court must make the findings in

section 361.22(e)(2) and (3) or 29 727.12(e)(2) and (3) by a preponderance of the evidence. 30 31

(3) The court must approve or disapprove the placement based on the 32 determinations in

section 366.22(e)(2), (3) and (4) or 727.12(e)(2), (3) and 33 (4) and whether it appears that the child’s or nonminor dependent’s best 34 interest will be promoted by the placement. 35 36

(4) If the court continues the hearing for good cause, including for an evidentiary 37 hearing, in no event may the hearing be continued beyond 60 days after the 38 start of the placement. 39 40 41 Rule 5.618 adopted effective October 1, 2021. 42

5 Rule 5.697. Disposition hearing for a nonminor (Welf. & Inst. Code, §§ 224.1, 295, 1 303, 358, 358.1, 361, 366.31, 390, 391) 2 3 (a)–(d) * * * 4 5 (

e) Social study (§§ 358, 358.1) 6 7 The petitioner must prepare a social study of the nonminor if the court proceeds to 8 a disposition hearing. The social study must include a discussion of all matters 9 relevant to disposition and a recommendation for disposition. 10 11

(1) The petitioner’s social study must include the following information: 12 13 (A)–(C) * * * 14 15 (

D) If reunification services are being considered: 16 17 (i)–(iii) * * * 18 19 (iv) Whether the nonminor and parent, parents, or guardian agree 20 with the continuation of to court-ordered reunification services; 21 22 (

v) Whether continued reunification services are in the best interest 23 of the nonminor; and 24 25 (vi) * * * 26 27 (E)–(N) * * * 28 29 (

O) For a placement made on or after October 1, 2021, the information 30 specified in

section 361.22(c), if the nonminor has been placed in a 31 short-term residential therapeutic program. 32 33 (2) * * * 34 35 (Subd (

e) amended effective October 1, 2021; previously amended effective September 1, 36 2021.) 37 38 (f)–(h) * * * 39 40 Rule 5.697 amended effective October 1, 2021; adopted effective January 1, 2021; previously 41 amended effective September 1, 2021. 42