Rule 5.502. Definitions and use of terms

**** Definitions (§§ 202(e), 303, 319, 361, 361.5(a)(3), 450, 628.1, 636, 726, 727.3(c)(2), 727.4(d), 4512(j), 4701.6(b), 11400(v), 11400(y), 16501(f)(16); 20 U.S.C. § 1415; 25 U.S.C. § 1903(2))

**** As used in these rules, unless the context or subject matter otherwise requires:

(A) In dependency:

(i) Except as provided in (ii), the earlier of the date on which the court sustained the petition filed under section 300 or 60 days after the “initial removal” of the child as defined in (21)(A); or

(ii) If the court ordered custody retained by the parent or guardian at disposition on a petition filed under section 300, even if the child was initially detained, and later removed the child at disposition on a subsequent petition filed under section 342 or 387, the earlier of the date on which the court sustained the subsequent petition filed under section 342 or 387 or 60 days after the “initial removal” of the child, as defined in (21)(B).

(B) In delinquency, the date 60 days after the date on which the child was initially removed from the home, unless one of the following exceptions applies:

(i) If the child is detained pending foster care placement and remains detained for more than 60 days, then the “date the child entered foster care” means the date the court declares the child a ward and orders the child placed in foster care under the supervision of the probation officer;

(ii) If, before the child is placed in foster care, the child is committed to a ranch, camp, school, or other institution pending placement, and remains in that facility for more than 60 days, then the “date the child entered foster care” is the date the child is physically placed in foster care; or

(iii) If, at the time the wardship petition was filed, the child was a dependent of the juvenile court and in out-of-home placement, then the “date the child entered foster care” is the date defined in (A).

(A) A judicial officer, in a courtroom, in which the proceedings are recorded by a court reporter; or

(B) An administrative panel, provided that the hearing meets the conditions described in section 366.3(d) and (e) for dependents and section 727.4(d)(7)(B) for delinquents.

(A) Except as provided in (B), the date on which the child, who is the subject of a petition filed under section 300 or 600, was taken into custody by the social worker or a peace officer, or was deemed to have been taken into custody under section 309(b) or 628(c), if removal results in the filing of the petition before the court; or

(B) If the child was not removed from the physical custody of their parent or guardian at disposition on a prior petition filed under section 300, the date on which the child, who is the subject of a subsequent petition filed under section 342 or 387, was taken into custody by the social worker or a peace officer, or was deemed to have been taken into custody under section 309(b) on the subsequent petition.

(A) Was under an order of foster care placement on the youth’s 18th birthday;

(B) Is currently in foster care under the placement and care authority of the county welfare department, the county probation department, or an Indian tribe that entered into an agreement under section 10553.1; and

(C) Is participating in a current Transitional Independent Living Case Plan as defined in this rule.

(A) An adult who is related to the child by blood, adoption, or affinity within the fifth degree of kinship. This term includes:

(i) A parent, sibling, grandparent, aunt, uncle, nephew, niece, great-grandparent, great-aunt or -uncle (grandparents’ sibling), first cousin, great-great-grandparent, great-great-aunt or -uncle (great-grandparents’ sibling), first cousin once removed (parents’ first cousin), and great-great-great-grandparent;

(ii) A stepparent or stepsibling; and

(iii) The spouse or domestic partner of any of the persons described in subparagraphs (A)(i) and (ii), even if the marriage or partnership was terminated by death or dissolution; or

(B) An extended family member as defined by the law or custom of an Indian child’s tribe. (25 U.S.C. § 1903(2).)