SECTIONS 290.1-297 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 290.1-297

290.1. If the probation officer or social worker determines that
the child shall be retained in custody, he or she shall immediately
file a petition pursuant to Section 332 with the clerk of the
juvenile court, who shall set the matter for hearing on the detention
hearing calendar. The probation officer or social worker shall serve
notice as prescribed in this section.
(a) Notice shall be given to the following persons whose
whereabouts are known or become known prior to the initial petition
hearing:
(1) The mother.
(2) The father or fathers, presumed and alleged.
(3) The legal guardian or guardians.
(4) The child, if the child is 10 years of age or older.
(5) 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.
(6) 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.
(7) The attorney for the parent or parents, or legal guardian or
guardians.
(8) The district attorney, if the district attorney has notified
the clerk of the court that he or she wishes to receive the petition,
containing the time, date, and place of the hearing.
(9) The probate department of the superior court that appointed
the guardian, if the child is a ward of a guardian appointed pursuant
to the Probate Code.
(b) No notice is required for a parent whose parental rights have
been terminated.
(c) The notice shall be given as soon as possible after the filing
of the petition.
(d) The notice of the initial petition hearing shall include all
of the following:
(1) The date, time, and place of the hearing.
(2) The name of the child.
(3) A copy of the petition.
(e) Service of the notice shall be written or oral. If the person
being served cannot read, notice shall be given orally.
(f) If the probation officer or social worker knows or has reason
to know that an Indian child is involved, notice shall be given in
accordance with Section 224.2.

290.2. Upon the filing of a petition by a probation officer or
social worker, the clerk of the juvenile court shall issue notice, to
which shall be attached a copy of the petition, and he or she shall
cause the same to be served as prescribed in this section.
(a) Notice shall be given to the following persons whose address
is known or becomes known prior to the initial petition hearing:
(1) The mother.
(2) The father or fathers, presumed and alleged.
(3) The legal guardian or guardians.
(4) The child, if the child is 10 years of age or older.
(5) 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.
(6) If there is no parent or guardian residing in California, or
if the residence is unknown, to any adult relative residing within
the county or if none, the adult relative residing nearest the court.
(7) Upon reasonable notification by counsel representing the
child, parent, or guardian, the clerk of the court shall give notice
to that counsel as soon as possible.
(8) The district attorney, if the district attorney has notified
the clerk of the court that he or she wishes to receive the petition,
containing the time, date, and place of the hearing.
(9) The probate department of the superior court that appointed
the guardian, if the child is a ward of a guardian appointed pursuant
to the Probate Code.
(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 retained in custody, 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 to be
heard in less than five days in which case notice shall be given at
least 24 hours prior to the hearing.
(2) If the child is not retained in custody, the notice shall be
given to those persons required to be noticed at least 10 days prior
to the date of the hearing. If any person who is required to be given
notice is known to reside outside of the county, the clerk of the
juvenile court shall mail the notice and copy of the petition by
first-class mail, to that person as soon as possible after the filing
of the petition and at least 10 days before the time set for
hearing. Failure to respond to the notice is not cause for an arrest
or detention. In the instance of a failure to appear after notice by
first-class mail, the court shall direct that the notice and copy of
the petition be personally served on all persons required to receive
the notice and copy of the petition. For these purposes, personal
service of the notice and copy of the petition outside of the county
at least 10 days before the time set for hearing is equivalent to
service by first-class mail. Service may be waived by any person by a
voluntary appearance entered in the minutes of the court or by a
written waiver of service filed with the clerk of the court at, or
prior to, the hearing.
(d) The notice of the initial petition hearing shall include all
of the following:
(1) The date, time, and place of the hearing.
(2) The name of the child.
(3) A copy of the petition.
(e) If the court knows or has reason to know that an Indian child
is involved, notice shall be given in accordance with Section 224.2.

291. 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 child, if the child is 10 years of age or older.
(5) 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.
(6) Each attorney of record unless counsel of record is present in
court when the hearing is scheduled, then no further notice need be
given.
(7) 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.
(8) 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,
and nonrelative extended family members. 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 prior to 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 prior to 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), or (7) 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), or (7) 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 or by first-class mail.
(3) If the child is not detained, the persons required to be
noticed shall be noticed by personal service or by first-class mail,
unless the person to be served is known to reside outside the county,
in which case service shall be by first-class mail.
(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 the court knows or has reason to know that an Indian child
is involved, notice shall be given in accordance with Section 224.2.

292. The social worker or probation officer shall give notice of
the review hearing held pursuant to Section 364 in the following
manner:
(a) Notice of the hearing shall be given to the following persons:
(1) The mother.
(2) The presumed father or any father receiving services.
(3) The legal guardian or guardians.
(4) The child, if the child is 10 years of age or older.
(5) 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.
(6) Each attorney of record, if that attorney was not present at
the time that the hearing was set by the court.
(b) No notice is required for a parent whose parental rights have
been terminated.
(c) The notice of the hearing shall be served not earlier than 30
days, nor later than 15 days, before the hearing.
(d) The notice shall contain a statement regarding the nature of
the hearing to be held and any change in the custody or status of the
child being recommended by the supervising agency. The notice shall
also include a statement that the child and the parent or parents or
legal guardian or guardians have a right to be present at the
hearing, to be represented by counsel at the hearing and the
procedure for obtaining appointed counsel, and to present evidence
regarding the proper disposition of the case. The notice shall also
state that if the parent or parents or legal guardian or guardians
fail to appear, the court may proceed without them.
(e) Service of the notice shall be by personal service, by
first-class mail, or by certified mail, return receipt requested,
addressed to the last known address of the person to be noticed.
(f) If the social worker or the probation officer knows or has
reason to know that an Indian child is involved, notice shall be
given in accordance with Section 224.2.

293. The social worker or probation officer shall give notice of
the review hearings held pursuant to Section 366.21, 366.22, or
366.25 in the following manner:
(a) Notice of the hearing shall be given to the following persons:
(1) The mother.
(2) The presumed father or any father receiving services.
(3) The legal guardian or guardians.
(4) The child, if the child is 10 years of age or older.
(5) 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.
(6) In the case of a child removed from the physical custody of
his or her parent or legal guardian, the current caregiver of the
child, including the foster parents, relative caregivers, preadoptive
parents, nonrelative extended family members, community care
facility, or foster family agency having custody of the child. In a
case in which a foster family agency is notified of the hearing
pursuant to this section, and the child resides in a foster home
certified by the foster family agency, the foster family agency shall
provide timely notice of the hearing to the child's caregivers.
(7) Each attorney of record if that attorney was not present at
the time that the hearing was set by the court.
(b) No notice is required for a parent whose parental rights have
been terminated. On and after January 1, 2012, in the case of a
nonminor dependent, as described in subdivision (v) of Section 11400,
no notice is required for a parent.
(c) The notice of hearing shall be served not earlier than 30
days, nor later than 15 days, before the hearing.
(d) The notice shall contain a statement regarding the nature of
the hearing to be held and any change in the custody or status of the
child being recommended by the supervising agency. If the notice is
to the child, parent or parents, or legal guardian or guardians, the
notice shall also advise them of the right to be present, the right
to be represented by counsel, the right to request counsel, and the
right to present evidence. The notice shall also state that if the
parent or parents or legal guardian or guardians fail to appear, the
court may proceed without them.
(e) Service of the notice shall be by first-class mail addressed
to the last known address of the person to be noticed or by personal
service on the person. Service of a copy of the notice shall be by
personal service or by certified mail, return receipt requested, or
any other form of notice that is equivalent to service by first-class
mail.
(f) Notice to the current caregiver of the child, including a
foster parent, a relative caregiver, a preadoptive parent, or a
nonrelative extended family member, or to a certified foster parent
who has been approved for adoption, or the State Department of Social
Services when it is acting as an adoption agency in counties that
are not served by a county adoption agency or by a licensed county
adoption agency, shall indicate that the person notified may attend
all hearings or may submit any information he or she deems relevant
to the court in writing.
(g) If the social worker or probation officer knows or has reason
to know that an Indian child is involved, notice shall be given in
accordance with Section 224.2.

294. 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 child, if the child is 10 years of age or older.
(4) 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.
(5) The grandparents of the child, if their address is known and
if the parent's whereabouts are unknown.
(6) All counsel of record.
(7) To any unknown parent by publication, if ordered by the court
pursuant to paragraph (2) of subdivision (g).
(8) The current caregiver of the child, including foster parents,
relative caregivers, preadoptive parents, and nonrelative extended
family members. 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 or to a 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 or
10 days after the notice has been placed in the 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 any 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, 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, legal guardianship,
or long-term foster care for the child.
(f) Notice to the parents may be given in any one of the following
manners:
(1) If the parent is present at the hearing at which the court
schedules a hearing pursuant to Section 366.26, the court shall
advise the parent of the date, time, and place of the proceedings,
their right to counsel, the nature of the proceedings, and the
requirement that at the proceedings the court shall select and
implement a plan of adoption, legal guardianship, or long-term foster
care for the child. The court shall direct the parent to appear for
the proceedings and then direct that the parent be notified
thereafter by first-class mail to the parent's usual place of
residence or business only.
(2) Certified mail, return receipt requested, to the parent's last
known mailing address. This notice shall be sufficient if the child
welfare agency receives a return receipt signed by the parent.
(3) Personal service to the parent named in the notice.
(4) Delivery to a competent person who is at least 18 years of age
at the parent's usual place of residence or business, and thereafter
mailed to the parent named in the notice by first-class mail at the
place where the notice was delivered.
(5) If the residence of the parent is outside the state, service
may be made as described in paragraph (1), (3), or (4) or by
certified mail, return receipt requested.
(6) If the recommendation of the probation officer or social
worker is legal guardianship or long-term foster care, or, in the
case of an Indian child, tribal customary adoption, service may be
made by first-class mail to the parent's usual place of residence or
business.
(7) If a parent's identity is known but his or her whereabouts are
unknown and the parent cannot, with reasonable diligence, be served
in any manner specified in paragraphs (1) to (6), inclusive, the
petitioner shall file an affidavit with the court at least 75 days
before the hearing date, stating the name of the parent and
describing the efforts made to locate and serve the parent.
(A) If the court determines that there has been due diligence in
attempting to locate and serve the parent and the probation officer
or social worker recommends adoption, service shall be to that parent'
s attorney of record, if any, by certified mail, return receipt
requested. If the parent does not have an attorney of record, the
court shall order that service be made by publication of citation
requiring the parent to appear at the date, time, and place stated in
the citation, and that the citation be published in a newspaper
designated as most likely to give notice to the parent. Publication
shall be made once a week for four consecutive weeks. Whether notice
is to the attorney of record or by publication, the court shall also
order that notice be given to the grandparents of the child, if their
identities and addresses are known, by first-class mail.
(B) If the court determines that there has been due diligence in
attempting to locate and serve the parent and the probation officer
or social worker recommends legal guardianship or long-term foster
care, no further notice is required to the parent, but the court
shall order that notice be given to the grandparents of the child, if
their identities and addresses are known, by first-class mail.
(C) In any case where the residence of the parent becomes known,
notice shall immediately be served upon the parent as provided for in
either paragraph (2), (3), (4), (5), or (6).
(g) (1) If the identity of one or both of the parents, or alleged
parents, of the child is unknown, or if the name of one or both
parents is uncertain, then that fact shall be set forth in the
affidavit filed with the court at least 75 days before the hearing
date and the court, consistent with the provisions of Sections 7665
and 7666 of the Family Code, shall issue an order dispensing with
notice to a natural parent or possible natural parent under this
section if, after inquiry and a determination that there has been due
diligence in attempting to identify the unknown parent, the court is
unable to identify the natural parent or possible natural parent and
no person has appeared claiming to be the natural parent.
(2) After a determination that there has been due diligence in
attempting to identify an unknown parent pursuant to paragraph (1)
and the probation officer or social worker recommends adoption, the
court shall consider whether publication notice would be likely to
lead to actual notice to the unknown parent. The court may order
publication notice if, on the basis of all information before the
court, the court determines that notice by publication is likely to
lead to actual notice to the parent. If publication notice to an
unknown parent is ordered, the court shall order the published
citation to be directed to either the father or mother, or both, of
the child, and to all persons claiming to be the father or mother of
the child, naming and otherwise describing the child. An order of
publication pursuant to this paragraph shall be based on an affidavit
describing efforts made to identify the unknown parent or parents.
Service made by publication pursuant to this paragraph shall require
the unknown parent or parents to appear at the date, time, and place
stated in the citation. Publication shall be made once a week for
four consecutive weeks.
(3) If the court determines that there has been due diligence in
attempting to identify one or both of the parents, or alleged
parents, of the child and the probation officer or social worker
recommends legal guardianship or long-term foster care, no further
notice to the parent shall be required.
(h) Notice to the child and all counsel of record shall be by
first-class mail.
(i) If the court knows or has reason to know that an Indian child
is involved, notice shall be given in accordance with Section 224.2.
(j) Notwithstanding subdivision (a), if the attorney of record is
present at the time the court schedules a hearing pursuant to Section
366.26, no further notice is required, except as required by
subparagraph (A) of paragraph (7) of subdivision (f).
(k) This section shall also apply to children adjudged wards
pursuant to Section 727.31.
(l) The court shall state the reasons on the record explaining why
good cause exists for granting any continuance of a hearing held
pursuant to Section 366.26 to fulfill the requirements of this
section.
(m) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.

294. 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 child, if the child is 10 years of age or older.
(4) 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.
(5) The grandparents of the child, if their address is known and
if the parent's whereabouts are unknown.
(6) All counsel of record.
(7) To any unknown parent by publication, if ordered by the court
pursuant to paragraph (2) of subdivision (g).
(8) The current caregiver of the child, including foster parents,
relative caregivers, preadoptive parents, and nonrelative extended
family members. 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 or to a 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 or
10 days after the notice has been placed in the 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 any 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, 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, legal guardianship,
or long-term foster care for the child.
(f) Notice to the parents may be given in any one of the following
manners:
(1) If the parent is present at the hearing at which the court
schedules a hearing pursuant to Section 366.26, the court shall
advise the parent of the date, time, and place of the proceedings,
their right to counsel, the nature of the proceedings, and the
requirement that at the proceedings the court shall select and
implement a plan of adoption, legal guardianship, or long-term foster
care for the child. The court shall direct the parent to appear for
the proceedings and then direct that the parent be notified
thereafter by first-class mail to the parent's usual place of
residence or business only.
(2) Certified mail, return receipt requested, to the parent's last
known mailing address. This notice shall be sufficient if the child
welfare agency receives a return receipt signed by the parent.
(3) Personal service to the parent named in the notice.
(4) Delivery to a competent person who is at least 18 years of age
at the parent's usual place of residence or business, and thereafter
mailed to the parent named in the notice by first-class mail at the
place where the notice was delivered.
(5) If the residence of the parent is outside the state, service
may be made as described in paragraph (1), (3), or (4) or by
certified mail, return receipt requested.
(6) If the recommendation of the probation officer or social
worker is legal guardianship or long-term foster care, service may be
made by first-class mail to the parent's usual place of residence or
business.
(7) If a parent's identity is known but his or her whereabouts are
unknown and the parent cannot, with reasonable diligence, be served
in any manner specified in paragraphs (1) to (6), inclusive, the
petitioner shall file an affidavit with the court at least 75 days
before the hearing date, stating the name of the parent and
describing the efforts made to locate and serve the parent.
(A) If the court determines that there has been due diligence in
attempting to locate and serve the parent and the probation officer
or social worker recommends adoption, service shall be to that parent'
s attorney of record, if any, by certified mail, return receipt
requested. If the parent does not have an attorney of record, the
court shall order that service be made by publication of citation
requiring the parent to appear at the date, time, and place stated in
the citation, and that the citation be published in a newspaper
designated as most likely to give notice to the parent. Publication
shall be made once a week for four consecutive weeks. Whether notice
is to the attorney of record or by publication, the court shall also
order that notice be given to the grandparents of the child, if their
identities and addresses are known, by first-class mail.
(B) If the court determines that there has been due diligence in
attempting to locate and serve the parent and the probation officer
or social worker recommends legal guardianship or long-term foster
care, no further notice is required to the parent, but the court
shall order that notice be given to the grandparents of the child, if
their identities and addresses are known, by first-class mail.
(C) In any case where the residence of the parent becomes known,
notice shall immediately be served upon the parent as provided for in
either paragraph (2), (3), (4), (5), or (6).
(g) (1) If the identity of one or both of the parents, or alleged
parents, of the child is unknown, or if the name of one or both
parents is uncertain, then that fact shall be set forth in the
affidavit filed with the court at least 75 days before the hearing
date and the court, consistent with the provisions of Sections 7665
and 7666 of the Family Code, shall issue an order dispensing with
notice to a natural parent or possible natural parent under this
section if, after inquiry and a determination that there has been due
diligence in attempting to identify the unknown parent, the court is
unable to identify the natural parent or possible natural parent and
no person has appeared claiming to be the natural parent.
(2) After a determination that there has been due diligence in
attempting to identify an unknown parent pursuant to paragraph (1)
and the probation officer or social worker recommends adoption, the
court shall consider whether publication notice would be likely to
lead to actual notice to the unknown parent. The court may order
publication notice if, on the basis of all information before the
court, the court determines that notice by publication is likely to
lead to actual notice to the parent. If publication notice to an
unknown parent is ordered, the court shall order the published
citation to be directed to either the father or mother, or both, of
the child, and to all persons claiming to be the father or mother of
the child, naming and otherwise describing the child. An order of
publication pursuant to this paragraph shall be based on an affidavit
describing efforts made to identify the unknown parent or parents.
Service made by publication pursuant to this paragraph shall require
the unknown parent or parents to appear at the date, time, and place
stated in the citation. Publication shall be made once a week for
four consecutive weeks.
(3) If the court determines that there has been due diligence in
attempting to identify one or both of the parents, or alleged
parents, of the child and the probation officer or social worker
recommends legal guardianship or long-term foster care, no further
notice to the parent shall be required.
(h) Notice to the child and all counsel of record shall be by
first-class mail.
(i) If the court knows or has reason to know that an Indian child
is involved, notice shall be given in accordance with Section 224.2.
(j) Notwithstanding subdivision (a), if the attorney of record is
present at the time the court schedules a hearing pursuant to Section
366.26, no further notice is required, except as required by
subparagraph (A) of paragraph (7) of subdivision (f).
(k) This section shall also apply to children adjudged wards
pursuant to Section 727.31.
(l) The court shall state the reasons on the record explaining why
good cause exists for granting any continuance of a hearing held
pursuant to Section 366.26 to fulfill the requirements of this
section.
(m) This section shall become operative on January 1, 2014.

295. The social worker or probation officer shall give notice of
review hearings held pursuant to Section 366.3 in the following
manner:
(a) Notice of the hearing shall be given to the following persons:
(1) The mother.
(2) The presumed father.
(3) The legal guardian or guardians.
(4) The child, if the child is 10 years of age or older.
(5) 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.
(6) The current caregiver of the child, including foster parents,
relative caregivers, preadoptive parents, nonrelative extended family
members, community care facility, or foster family agency having
physical custody of the child if a child is removed from the physical
custody of the parents or legal guardian. The person notified may
attend all hearings and may submit any information he or she deems
relevant to the court in writing.
(7) The attorney of record if that attorney of record was not
present at the time that the hearing was set by the court.
(8) The alleged father or fathers, but only if the recommendation
is to set a new hearing pursuant to Section 366.26.
(b) No notice is required for a parent whose parental rights have
been terminated. On and after January 1, 2012, in the case of a
nonminor dependent, as described in subdivision (v) of Section 11400,
no notice is required for a parent.
(c) The notice of the review hearing shall be served no earlier
than 30 days, nor later than 15 days, before the hearing.
(d) The notice of the review hearing shall contain a statement
regarding the nature of the hearing to be held, any recommended
change in the custody or status of the child, and any recommendation
that the court set a new hearing pursuant to Section 366.26 in order
to select a more permanent plan.
(e) Service of notice shall be by first-class mail addressed to
the last known address of the person to be provided notice. In the
case of an Indian child, notice shall be by registered mail, return
receipt requested.
(f) If the child is ordered into a permanent plan of legal
guardianship, and subsequently a petition to terminate or modify the
guardianship is filed, the probation officer or social worker shall
serve notice of the petition not less than 15 court days prior to the
hearing on all persons listed in subdivision (a) and on the court
that established legal guardianship if it is in another county.
(g) If the social worker or probation officer knows or has reason
to know that an Indian child is involved, notice shall be given in
accordance with Section 224.2.

296. Upon any hearing or rehearing under this article, the court
may order the child or any parent or guardian, or Indian custodian of
the child who is present in court, to again appear before the court,
before the social worker or probation officer, or before the county
financial officer at a time and place specified in the order.

297. (a) Notice required for an initial petition filed pursuant to
Section 300 is applicable to a subsequent petition filed pursuant to
Section 342.
(b) Upon the filing of a supplemental petition pursuant to Section
387, the clerk of the juvenile court shall immediately set the
matter for hearing within 30 days of the date of the filing, and the
social worker or probation officer shall cause notice thereof to be
served upon the persons required by, and in the manner prescribed by,
Sections 290.1, 290.2, and 291.
(c) If a petition for modification has been filed pursuant to
Section 388, and it appears that the best interest of the child may
be promoted by the proposed change of the order, the recognition of a
sibling relationship, or the termination of jurisdiction, the court
shall order that a hearing be held and shall give prior notice, or
cause prior notice to be given, to the social worker or probation
officer and to the child's attorney of record, or if there is no
attorney of record for the child, to the child, and his or her parent
or parents or legal guardian or guardians in the manner prescribed
by Section 291 unless a different manner is prescribed by the court.
(d) If the court knows or has reason to know that an Indian child
is involved, notice shall be given in accordance with Section 224.2.
(e) On and after January 1, 2012, if a petition for modification
has been filed pursuant to subdivision (e) of Section 388 by a
nonminor dependent, as described in subdivision (v) of Section 11400,
no notice is required for a parent.