Parental rights in dependency proceedings
Throughout a dependency case, parents have important procedural rights: to be notified of hearings, to have an attorney, to review evidence, to contest allegations, and to be heard. Exercising those rights effectively—especially early in a case—can influence what happens later.
When reunification does not succeed
If reunification services are terminated or are not ordered, the court may set a permanency hearing under Welfare and Institutions Code section 366.26. At that hearing, the court selects a permanent plan for the child, which may include adoption, legal guardianship, or another planned arrangement.
Termination of parental rights
If the court selects adoption as the plan, it generally terminates parental rights unless a statutory exception applies. Termination is permanent and ends the legal parent–child relationship. Because of these consequences, preparation for a section 366.26 hearing deserves close attention.
- Evaluating whether a statutory exception to termination may apply
- Gathering evidence about the parent–child relationship and visitation history
- Considering requests to change prior orders based on new circumstances
- Preserving issues for review by writ petition or appeal
Short deadlines to challenge orders
An order setting a section 366.26 hearing must generally be challenged by petition for extraordinary writ, with very short filing deadlines. Missing a deadline can forfeit the opportunity for review, so parents should seek legal advice promptly.
This page provides general information about California law and is not legal advice. Every case is different, and no particular outcome can be guaranteed.