2024 California Rules of Court
Rule 5.514. Intake; guidelines
(a) Role of juvenile court
It is the duty of the presiding judge of the juvenile court to initiate meetings and cooperate with the probation department, welfare department, prosecuting attorney, law enforcement, and other persons and agencies performing an intake function. The goal of the intake meetings is to establish and maintain a fair and efficient intake program designed to promote swift and objective evaluation of the circumstances of any referral and to pursue an appropriate course of action.
(Subd (a) amended effective January 1, 2007.)
(b) Purpose of intake program
The intake program must be designed to:
(1) Provide for settlement at intake of:
(A) Matters over which the juvenile court has no jurisdiction;
(B) Matters in which there is insufficient evidence to support a petition; and
(C) Matters that are suitable for referral to a nonjudicial agency or program available in the community;
(2) Provide for a program of informal supervision of the child under sections 301 and 654; and
(3) Establish a process for a judge to witness the consent of the parent or Indian custodian to a placement of an Indian child under section 16507.4(b) before a judge in accordance with section 16507.4(b)(3) that ensures the placement is consistent with the federal Indian Child Welfare Act and corresponding state law and all of the rights and protections of the Indian parent are respected, using Agreement of Parent or Indian Custodian to Temporary Custody of Indian Child (form ICWA-101). This process must ensure that the witnessing of the consent is scheduled within 72 hours of the request having been made. The original completed Agreement of Parent or Indian Custodian to Temporary Custody of Indian Child (form ICWA-101) must be retained by the court with a copy to the agency; and
(4) Provide for the commencement of proceedings in the juvenile court only when necessary for the welfare of the child or protection of the public.
(Subd (b) amended effective January 1, 2021; previously amended effective January 1, 1995, January 1, 2007.)
(c) Investigation at intake (§§ 309, 652.5)
The probation officer or the social worker must conduct an investigation and determine whether:
(1) The matter should be settled at intake by:
(A) Taking no action;
(B) Counseling the child and any others involved in the matter; or
(C) Referring the child, the child's family, and any others involved to other agencies and programs in the community for the purpose of receiving services to prevent or eliminate the need for removal;
(2) A program of informal supervision should be undertaken for not more than six months under section 301 or 654; or
(3) A petition should be filed under section 300 or 601, or the prosecuting attorney should be requested to file a petition under section 602.
(Subd (c) amended effective January 1, 2007; previously amended effective January 1, 1994, January 1, 1995, and January 1, 2001.)
(d) Mandatory referrals to the prosecuting attorney (§ 653.5)
Notwithstanding (c), the probation officer must refer to the prosecuting attorney, within 48 hours, all affidavits requesting that a petition be filed under section 602 if it appears to the probation officer that:
(1) The child, regardless of age:
(A) Is alleged to have committed an offense listed in section 707(b);
(B) Has been referred for the sale or possession for sale of a controlled substance under chapter 2 of division 10 of the Health and Safety Code;
(C) Has been referred for a violation of Health and Safety Code section 11350 or 11377 at a school, or for a violation of Penal Code sections 245.5, 626.9, or 626.10;
(D) Has been referred for a violation of Penal Code section 186.22;
(E) Has previously been placed on informal supervision under section 654; or
(F) Has been referred for an alleged offense in which restitution to the victim exceeds $1,000;
(2) The child was 16 years of age or older on the date of the alleged offense and the referral is for a felony offense; or
(3) The child was under 16 years of age on the date of the alleged offense and the referral is not the first referral for a felony offense.
Except for the offenses listed in (1)(C), the provisions of this subdivision do not apply to narcotics and drug offenses listed in Penal Code section 1000.
(Subd (d) amended effective January 1, 2007; previously amended effective January 1, 1994, and January 1, 1995.)
(e) Informal supervision (§§ 301, 654)
(1) If the child is placed on a program of informal supervision for not more than six months under section 301, the social worker may file a petition at any time during the six-month period. If the objectives of a service plan under section 301 have not been achieved within six months, the social worker may extend the period up to an additional six months, with the consent of the parent or guardian.
(2) If a child is placed on a program of informal supervision for not more than six months under section 654, the probation officer may file a petition under section 601, or request that the prosecuting attorney file a petition under section 602, at any time during the six-month period, or within 90 days thereafter. If a child on informal supervision under section 654 has not participated in the specific programs within 60 days, the probation officer must immediately file a petition under section 601, or request that the prosecuting attorney file one under section 602, unless the probation officer determines that the interests of the child and the community can be adequately protected by continuing under section 654.
(Subd (e) amended effective January 1, 2007; previously amended effective January 1, 1995.)
Rule 5.514 amended effective January 1, 2021; adopted as rule 1404 effective January 1, 1991; previously amended effective January 1, 1994, January 1, 1995, and January 1, 2001; previously amended and renumbered as effective January 1, 2007.