Notification for court review hearings

Q: Does anyone besides the NMD get notification of the NMD’s court review hearings?

A: Yes, the NMD’s caregiver/foster parent and the NMD’s Court Appointed Special Advocate (CASA) are entitled to notification of all court hearings.  NOTE:  If the NMD is living in a Supervised Independent Living Placement (SILP), then there is no caregiver/foster parent and so notification of court hearings would only be required for the NMD and the CASA, if any.

In addition, there may be some instances when a parent(s) may get notification of a court hearing.  Pursuant to AB 1712, the court can order that family reunification services continue after a NMD turns 18.  If the court orders that family reunification services continue, then the parent(s) would continue to be entitled to notification of court hearings.  However, if the NMD is not receiving family reunification, then the parent(s) are no longer entitled to notifications of hearings once the NMD turns 18.

For NMDs who also meet the definition of an “Indian Child,” their tribes must continue to receive notification of hearings unless the NMD has elected not to have the provisions of ICWA continue to apply to their case after turning 18.

Finally, it is important to remember that the NMD can invite anyone they want (including parents) to attend the court hearings.  (Reference: ACL 11-69, Welf. & Inst Code §297, §224.1(b) §101, §102, §107)

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