Section 366.26 (selection and implementation) hearing within 120 days of order setting it
120 days after date of the order setting the section 366.26 hearing (at disposition, 6-, 12-, 18-, or 24-month hearing, or on a 388 petition), under Welf. & Inst. Code 366.21(e), (g)(4); 366.22; 366.25; Cal. Rules of Court, rules 5.695, 5.710(b).
Rule text
WIC 366.22: "The hearing shall be held no later than 120 days from the date of the permanency review hearing." WIC 366.21(g)(4): "Order that a hearing be held within 120 days, pursuant to Section 366.26"
Calculate this deadline
- Trigger (Date of the order setting the section 366.26 hearing (at disposition, 6-, 12-, 18-, or 24-month hearing, or on a 388 petition)): Friday, November 6, 2026.
- Exclude the trigger day and count 120 calendar days: Saturday, March 6, 2027.
- That day is a Saturday, so the deadline moves to the next court day: Monday, March 8, 2027 (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.).
Welf. & Inst. Code 366.21(e), (g)(4); 366.22; 366.25; Cal. Rules of Court, rules 5.695, 5.710(b)
WIC 366.22: "The hearing shall be held no later than 120 days from the date of the permanency review hearing." WIC 366.21(g)(4): "Order that a hearing be held within 120 days, pursuant to Section 366.26"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
- Writ review of the setting order must be sought by notice of intent (CRC 8.450), see dep_writ_notice_of_intent_7_days. Same 120 days at disposition when no services are ordered (CRC 5.695) and on termination of services under WIC 388(c). Exact subdivision numbering in 366.22 and 366.25 not separately verified; quoted text is verbatim.
- 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 of the order setting the section 366.26 hearing (at disposition, 6-, 12-, 18-, or 24-month hearing, or on a 388 petition) on Monday, March 15, 2027, personal service: due Tuesday, July 13, 2027.
- Trigger (Date of the order setting the section 366.26 hearing (at disposition, 6-, 12-, 18-, or 24-month hearing, or on a 388 petition)): Monday, March 15, 2027.
- Exclude the trigger day and count 120 calendar days: Tuesday, July 13, 2027.
Notes
Writ review of the setting order must be sought by notice of intent (CRC 8.450), see dep_writ_notice_of_intent_7_days. Same 120 days at disposition when no services are ordered (CRC 5.695) and on termination of services under WIC 388(c). Exact subdivision numbering in 366.22 and 366.25 not separately verified; quoted text is verbatim.
Related deadlines
- Date child is deemed to enter foster care (60-day prong) (60 days after)
- Six-month review hearing: 6 months after initial disposition (6 months after)
- Six-month review: no later than 12 months after entry into foster care (12 months after)
- Twelve-month permanency hearing: no later than 12 months after entry into foster care (12 months after)
- Twelve-month permanency hearing set no later than 18 months from initial removal (18 months after)
- Eighteen-month permanency review hearing: within 18 months of original removal (18 months after)
- Twenty-four-month subsequent permanency review: within 24 months of original removal (24 months after)
- Family maintenance review (child not removed): within 6 months of disposition (6 months 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.