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2014 California Rules of Court

Rule 5.524. Form of petition; notice of hearing

(a) Form of petition-dependency (§§ 332, 333)

The petition to declare a child a dependent of the court must be verified and may be dismissed without prejudice if not verified. The petition must contain the information stated in section 332.

(Subd (a) amended effective January 1, 2007; previously amended effective January 1, 1995, and January 1, 2006.)

(b) Form of petition-delinquency (§§ 656, 656.1, 656.5, 661)

The petition to declare a child a ward of the court must be verified and may be dismissed without prejudice if not verified. The petition must contain the information stated in sections 656, 656.1, 656.5, 661, and, if applicable, the intent to aggregate other offenses under section 726.

(Subd (b) amended effective January 1, 2007; adopted effective January 1, 2006.)

(c) Use of forms

Dependency petitions must be filed on a Judicial Council form. The filing party must use Juvenile Dependency Petition (Version One) (form JV-100) with the Additional Children Attachment (Juvenile Dependency Petition) (form JV-101) when appropriate, or Juvenile Dependency Petition (Version Two) (form JV-110) as prescribed by local rule or practice. Rules 1.31 and 1.32 govern the use of mandatory and optional forms, respectively.

(Subd (c) amended effective January 1, 2007; adopted as subd (b); previously amended and relettered effective January 1, 2006.)

(d) Amending the petition (§§ 348, 678)

Chapter 8 of title 6 of part 2 of the Code of Civil Procedure, beginning at section 469, applies to variances and amendments of petitions and proceedings in the juvenile court.

(Subd (d) amended and relettered effective January 1, 2006; adopted as subd (c).)

(e) Notice of hearing-dependency (§§ 290.1, 290.2, 297, 338)

When the petition is filed, the probation officer or social worker must serve a notice of hearing under section 290.1, with a copy of the petition attached. On filing of the petition, the clerk must issue and serve notice as prescribed in section 290.2, along with a copy of the petition. CASA volunteers are entitled to the same notice as stated in section 290.1 and 290.2.

(Subd (e) amended effective January 1, 2007; adopted as subd (d); previously amended and relettered effective January 1, 2006.)

(f) Notice of hearing-delinquency (§§ 630, 630.1, 658, 659, 660)

(1)Immediately after the filing of a petition to detain a child, the probation officer or the prosecuting attorney must issue and serve notice as prescribed in section 630.

(2)When a petition is filed, the clerk must issue and serve a notice of hearing in accordance with sections 658, 659, and 660 with a copy of the petition attached.

(3)After reasonable notification by minor's counsel or his or her parent or guardian, the clerk must provide notice to the minor's attorney as stated in section 630.1.

(Subd (f) amended effective January 1, 2007; adopted effective January 1, 2006.)

(g) Waiver of service (§§ 290.2, 660)

A person may waive service of notice by a voluntary appearance noted in the minutes of the court, or by a written waiver of service filed with the clerk.

(Subd (g) amended and relettered effective January 1, 2006; adopted as subd (h).)

(h) Oral notice (§§ 290.1, 630)

Notice required by sections 290.1 and 630 may be given orally. The social worker or probation officer must file a declaration stating that oral notice was given and to whom.

(Subd (h) amended effective January 1, 2007; adopted as subd (j); previously amended and relettered effective January 1, 2006.)

Rule 5.524 amended and renumbered effective January 1, 2007; adopted as rule 1407 effective January 1, 1991; previously amended effective January 1, 1992, January 1, 1995, January 1, 2001, and January 1, 2006.

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