Date child is deemed to enter foster care (60-day prong)

60 days after date the child was initially removed from the physical custody of the parent or guardian, under Welf. & Inst. Code 361.49(a); Cal. Rules of Court, rule 5.502(9).

Rule text

(a) Except as provided in subdivision (b), regardless of their age, a child shall be deemed to have entered foster care on the earlier of the date of the jurisdictional hearing held pursuant to Section 356 or the date that is 60 days after the date on which the child was initially removed from the physical custody of their parent or guardian.

Welf. & Inst. Code 361.49(a); Cal. Rules of Court, rule 5.502(9), official source

Calculate this deadline

Deadline
Tuesday, January 5, 2027
  1. Trigger (Date the child was initially removed from the physical custody of the parent or guardian): Friday, November 6, 2026.
  2. Exclude the trigger day and count 60 calendar days: Tuesday, January 5, 2027.
Rules applied
Welf. & Inst. Code 361.49(a); Cal. Rules of Court, rule 5.502(9)
(a) Except as provided in subdivision (b), regardless of their age, a child shall be deemed to have entered foster care on the earlier of the date of the jurisdictional hearing held pursuant to Section 356 or the date that is 60 days after the date on which the child was initially removed from the physical custody of their parent or guardian.
Official source
Code Civ. Proc. 12, 12a, 10, 133-135; Gov. Code 6800; Cal. Rules of Court, rule 1.10. 'Judicial day' / 'court day': not defined in WIC or CRC 5.502.
CCP 12: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." CCP 12a(a): "If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays." CCP 10: "Holidays within the meaning of this code are every Sunday and any other days that are specified or provided for as judicial holidays in Section 135." CCP 133: "Courts of justice may be held and judicial business transacted on any day, except as provided in this article." Gov. Code 6800: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." CRC 1.10(a): "The time in which any act provided by these rules is to be performed is computed by excluding the first day and including the last, unless the last day is a Saturday, Sunday, or other legal holiday, and then it is also excluded." CRC 1.10(b): "Unless otherwise provided by law, if the last day for the performance of any act that is required by these rules to be performed within a specific period of time falls on a Saturday, Sunday, or other legal holiday, the period is extended to and includes the next day that is not a holiday."
Official source
  • Not a deadline: a definitional date, no weekend roll. Entry into foster care = EARLIER of the jurisdiction hearing date or this date. CRC 5.502(9)(A) phrases the first prong as 'the date on which the court sustained the petition', which can differ from the date the jurisdiction hearing began (AMBIGUITY if the hearing spans days). For 342/387 petitions see 361.49(b). Use the resulting date as the trigger for the 12-month rules.
  • If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.

This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.

Worked example

Date the child was initially removed from the physical custody of the parent or guardian on Monday, March 15, 2027, personal service: due Friday, May 14, 2027.

  1. Trigger (Date the child was initially removed from the physical custody of the parent or guardian): Monday, March 15, 2027.
  2. Exclude the trigger day and count 60 calendar days: Friday, May 14, 2027.

Unsettled points

  • Users should enter the first day of a multi-day jurisdictional hearing as the WIC 361.49 date, which gives the earliest 6- and 12-month outer limits.Other reading: If the date the court sustained the petition controls, the outer limits run from a later day.

Notes

Not a deadline: a definitional date, no weekend roll. Entry into foster care = EARLIER of the jurisdiction hearing date or this date. CRC 5.502(9)(A) phrases the first prong as 'the date on which the court sustained the petition', which can differ from the date the jurisdiction hearing began (AMBIGUITY if the hearing spans days). For 342/387 petitions see 361.49(b). Use the resulting date as the trigger for the 12-month rules.

Related deadlines

All California juvenile deadlines

Local rules by county

County local rules and courtroom procedures can add to or change this deadline. Pick a county to calculate with them applied.

Rules current as of 2026-10-26. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.