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, county adoption agency, or 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 sent by electronic 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, except as provided in paragraphs (2) and (3) of subdivision (h) and subdivision (i), by electronic mail if the county, or city and county, and the court choose to permit service by electronic mail and the person to be served has consented to service by electronic mail by signing Judicial Council Form EFS-005, 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. In lieu of notice by first-class mail, notice may be served by electronic mail if the county, or city and county, and the court choose to permit service by electronic mail and the person to be served has consented to service by electronic mail by signing Judicial Council Form EFS-005.
(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. In lieu of notice by first-class mail, notice may be served by electronic mail if the county, or city and county, and the court choose to permit service by electronic mail and the person to be served has consented to service by electronic mail by signing Judicial Council Form EFS-005.
(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)
(1)Notice to all counsel of record shall be by first-class mail, or by electronic mail if the county, or city and county, and the court choose to permit service by electronic mail and the person to be served has consented to service by electronic mail by signing Judicial Council Form EFS-005.
(2)
Except as provided in paragraph (3), if notice is required to be provided to a child, written notice may be served on the child by electronic mail only if all of the following requirements are satisfied:
(A)
The county, or city and county, and the court choose to permit service by electronic mail.
(B)
The child is 16 years of age or older.
(C)
The child has consented to service by electronic mail by signing Judicial Council Form EFS-005.
(D)
The attorney for the child has consented to service of the minor by electronic mail by signing Judicial Council Form EFS-005.
(3)
If notice is required to be provided to a child, written notice may be served on the child by electronic mail as well as by regular mail if all of the following requirements are satisfied:
(A)
The county, or city and county, and the court choose to
permit service by electronic mail.
(B)
The child is 14 or 15 years of age.
(C)
The child has consented to service by electronic mail by signing Judicial Council Form EFS-005.
(D)
The attorney for the child has consented to service of the minor by electronic mail by signing Judicial Council Form EFS-005.
(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)
Notwithstanding any choice by a county, or city and county, and the court to permit service of written notice of court proceedings by electronic mail, or consent by any person to service of written notice by electronic mail by signing Judicial Council Form EFS-005, notice of any hearing at which the county welfare department
is recommending the termination of parental rights may only be served by electronic mail if supplemental and in addition to the other forms of notice provided for in this section.
(n)
This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.