When does the court need to make the “contrary to the welfare” or equivalent finding under Welfare and Institutions Code section 319(a)?
The judicial determination MUST be made at the first court hearing removing the child from the home of his or her parents or legal guardians. In most cases, this will be at the hearing held pursuant to Welfare and Institutions Code section 319 or section 632. In those cases in which the child has remained in the home pending disposition, the first removal hearing may be on the date of the disposition hearing pursuant to Welfare and Institutions Code section 360 or section 725.
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