CHILDREN AND THE LAW
...Dependency Petitions
......Periodic Review Hearings
.........18 Month Reunif. Hrgs (W&I 366.22)
10 Cards On This Topic:

Juvenile ct. need not make finding that parent received reasonable reunification services before setting 18-month permanency review hearing under W&IC §366.26.

Amendments to W&IC §361.5 and W&IC §366.22 did not restrict court's W&IC §352 authority to extend services from 18 to 24 mos. for good cause; services not tailored to the particular needs of the family in the unique circumstances.

Child's dislike of parent's living arrangement does not constitute a substantial risk of detriment—proving substantial detriment cannot mean merely proving that parent's living arrangement is less than ideal.

Standard of proof required for a reasonable services finding at 18-month review hearings is preponderance of the evidence.

Juvenile court not required to bypass W&IC 366.26 hearing and order permanent plan of long-term foster care at 18-month review-though not adoptable, not clear no one willing to be legal guardian [W&IC 366.22].

No reversible error in juvenile court’s denial of contested permanency planning hearing for mother.

Mother’s relapse into drug use does not constitute extraordinary circumstances or special needs necessary to support extension of family reunification services beyond statutory limit.

Juvenile ct. had W&IC 352 discretion to extend reunification services beyond 18 months in special needs case; W&IC 388 inappropriate remedy.

Failure to hold contested review hearing violates due process and precludes termination of parental rights.

Cases discussing 18-month reunification hearings.