May the court continue the initial removal hearing and make the “contrary to the welfare” finding at the continued hearing date?
No. This determination must be made on the date the issue of removal is first presented to the court. It may NOT be delayed even for a one-day continuance pursuant to Welfare and Institutions Code sections 322 and 638. If this judicial determination is NOT made at that time, the child will NEVER be eligible for federal funding for that stay in foster care. If the case is audited, federal funds for the entire duration of that child’s stay in foster care must be returned to the federal government. The court may make a temporary “contrary to the welfare” finding at the initial court appearance pending a further determination at the continued hearing.
Related Questions
- Does the definition of "court" include administrative hearing proceedings? Do the same requirements apply to the executive branch agencies responsible for conducting those hearings?
- May the court continue the initial removal hearing and make the "contrary to the welfare" finding at the continued hearing date?
- CAN THE COURT PERMIT REMOVAL PRIOR TO AN ORDERED PLENARY HEARING?
