CHILDREN AND THE LAW
...Dependency Petitions
......Periodic Review Hearings
.........6 Month Reunif. Hrgs (W&I 366.21)
 14 Cards On This Topic:
  • Status of every dependent child shall be reviewed at 6 month review hearing.
  • Status of every child in foster care shall be reviewed at least every 6 months.
  • Preponderance of evidence standard applied at 6 month review hearing to maintain child in foster care.
  • When determining whether return of child under 3 to parent w/in 6 mos. is likely, court need not look beyond date of 12-mo. permanency hearing.
  • Six- and 12-mo. reunification periods in W&IC §361.5(a)(1) are mandatory and can only be cut short through the procedure in W&IC §388 or at 6-mo. review if court finds by clear and convincing evidence one of three circumstances exists.
  • Reversible error to terminate reunification services and set W&IC 366.26 hearing by applying 12-mo. review standard of W&IC 366.21 (f) and (g), instead of 6-mo. review standard per W&IC 366.21 (e).
  • Trial court properly looked to date previously set for 12-month hearing to decide whether there was a substantial probability children would be returned to parents.
  • Failure to serve status report on mother at least 10 days prior to hearing was denial of her due process, compelling reversal of order terminating reunification.
  • Where court finds service plan objectives cannot be met in 18 mos per §361.5 (a)(2), it may set W&IC §366.26 hearing for child under 3 after 6 mos of reunification, W&IC §366.21 (e) notwithstanding.
  • Court must reexamine likelihood of reunification where it terminated services after 6 mos. by considering wrong time period.
  • Court must reexamine likelihood of reunification where it terminated services after 6 mos. by considering wrong time period.
  • Statutes allowing for termination of reunification services after 6 mos. where child is under 3 on initial removal date are constitutional.
  • Based on mother’s failure to contact and visit child, court had authority under W&I 366.21(e) to set W&I 366.26 hearing after only 6 months of reunification.
  • Preponderance of evidence indicating that conditions exist to justify initial assumption of jurisdiction is required at 6 month review hearing.


    •