CHILDREN AND THE LAW
...Dependency Petitions
......Periodic Review Hearings
.........12 Month Reunif. Hrgs (W&I 366.21)
12 Cards On This Topic:

Status of every dependent minor shall be reviewed at 12 month review 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.

Order denying C’s return to F reversed where it was not supported by substantial evidence nor any evidence that returning C to F would create a “substantial risk of detriment” to C.

Where dependent C did not meet definition of a nonminor dependent, though she turned 18, no error in holding 12-month perm. review hrg.; parent may not reunify with dependent C who turns 18—parent cannot have physical custody of an adult.

As F did not participate in reunification services and made no progress in solving problems leading to removal, no abuse of discretion in terminating his services but ordering family maintenance services for mother.

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).

Juvenile court may consider "middle option" at 12- and 18-mo. review hearings of returning Cs to parent but retaining jurisdiction to insure their safety.

W&IC 366.21 (h) did not bar termination of reunification services to father when services extended for mother to 18-mo. review date.

12-mo. reunification hearing, continued 6 times until 22 mos after Cs removed, must be deemed 18-mo. review, and court may schedule section 366.26 hearing even if it finds no reasonable services provided.

Extending reunification period not justified absent unusual circumstances where mother chose not to participate originally. Finding M likely to be adopted 12-mo review premature but harmless.

Termination of reunification vacated where DCFS failed to provide reasonable services to incarcerated F; court can continue 18-mo. hearing or make detriment finding.

Order extending family reunification period beyond maximum 18th months was abuse of discretion and in excess of depend. ct.’s jurisdiction as limited by statute.