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Cal. Rules of Court, rule 5.705 · Article 3. Disposition

Setting a hearing under section 366.26

Verbatim from the official edition

Text — As posted by the Judicial Council of California (read October 22, 2026)

At a disposition hearing, a review hearing, or at any other hearing regarding a dependent child, the court must not set a hearing under section 366.26 to consider termination of the rights of only one parent unless that parent is the only surviving parent, or the rights of the other parent have been terminated by a California court of competent jurisdiction or by a court of competent jurisdiction of another state under the statutes of that state, or the other parent has relinquished custody of the child to the county welfare department.

Notes and commentary — not rule text

History

Rule 5.705 amended and renumbered effective January 1, 2007; adopted as rule 1459 effective July 1, 1990; previously amended effective January 1, 1994, and July 1, 1997.

Source of truth

Edition
As posted by the Judicial Council of California (read October 22, 2026)
Official file
https://courts.ca.gov/cms/rules/index/five/rule5_705
Text hash
sha256 c67a0f812a6feafc1143c63dcf4b0cb645706311ae8a95def7c7a75280f1018e
Composed by
compose_crc.py 2026-10-22: the Judicial Council's rule pages read paragraph by paragraph; verify_crc.py's second reading of the Council's per-title PDFs finds every paragraph

Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.