Child's petition to reinstate parental rights: earliest 3 years after termination
36 months after date the court terminated parental rights, under Welf. & Inst. Code 366.26(i)(3).
Rule text
(3) A child who has not been adopted after the passage of at least three years from the date the court terminated parental rights and for whom the court has determined that adoption is no longer the permanent plan may petition the juvenile court to reinstate parental rights pursuant to the procedure prescribed by Section 388.
Calculate this deadline
- Trigger (Date the court terminated parental rights): Friday, November 6, 2026.
- Add 36 months: Tuesday, November 6, 2029.
- The period includes its last day, so the earliest day to act is the next court day: Wednesday, November 7, 2029.
Welf. & Inst. Code 366.26(i)(3)
(3) A child who has not been adopted after the passage of at least three years from the date the court terminated parental rights and for whom the court has determined that adoption is no longer the permanent plan may petition the juvenile court to reinstate parental rights pursuant to the procedure prescribed by Section 388.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
- At least three years must pass, so the earliest filing day is the day after the 3-year anniversary (rolled to a court day). Earlier filing is allowed by stipulation of the agency and the child. EARLIEST filing date, not a deadline. The statute continues with a provision allowing the petition to be filed earlier in some circumstances (not captured; read 366.26(i)(3) in full).
- 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 court terminated parental rights on Monday, March 15, 2027, personal service: due Monday, March 18, 2030.
- Trigger (Date the court terminated parental rights): Monday, March 15, 2027.
- Add 36 months: Friday, March 15, 2030.
- The period includes its last day, so the earliest day to act is the next court day: Monday, March 18, 2030.
Notes
At least three years must pass, so the earliest filing day is the day after the 3-year anniversary (rolled to a court day). Earlier filing is allowed by stipulation of the agency and the child. EARLIEST filing date, not a deadline. The statute continues with a provision allowing the petition to be filed earlier in some circumstances (not captured; read 366.26(i)(3) in full).
Related deadlines
- Written motion to continue a dependency hearing: filed at least 2 court days before (2 court days before)
- Notice of petition to terminate or modify a dependency legal guardianship: at least 15 court days before (15 court days before)
- Section 388 petition (request to change court order): hearing within 30 calendar days of filing (30 days after)
- Objection to proposed removal from prospective adoptive parent: 5 court days (or 7 calendar days, whichever longer) (5 court days after)
- Objection to proposed removal from prospective adoptive parent: 7 calendar days (or 5 court days, whichever longer) (7 days after)
- Hearing on objection to proposed or emergency removal: within 5 court days of objection (5 court days after)
- Agency notice of emergency removal from prospective adoptive parent: within 2 court days (2 court days after)
- Objection to emergency removal: 5 court days (or 7 calendar days, whichever longer) after notification (5 court days after)
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.
- Alameda
- Alpine
- Amador
- Butte
- Calaveras
- Colusa
- Contra Costa
- Del Norte
- El Dorado
- Fresno
- Glenn
- Humboldt
- Imperial
- Inyo
- Kern
- Kings
- Lake
- Lassen
- Los Angeles
- Madera
- Marin
- Mariposa
- Mendocino
- Merced
- Modoc
- Mono
- Monterey
- Napa
- Nevada
- Orange
- Placer
- Plumas
- Riverside
- Sacramento
- San Benito
- San Bernardino
- San Diego
- San Francisco
- San Joaquin
- San Luis Obispo
- San Mateo
- Santa Barbara
- Santa Clara
- Santa Cruz
- Shasta
- Sierra
- Siskiyou
- Solano
- Sonoma
- Stanislaus
- Sutter
- Tehama
- Trinity
- Tulare
- Tuolumne
- Ventura
- Yolo
- Yuba
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.