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2017 California Rules of Court

Rule 5.610. Transfer-out hearing

(a) Determination of residence-special rule on intercounty transfers (§§ 375, 750)

(1)For purposes of rules 5.610 and 5.612, the residence of the child is the residence of the person who has the legal right to physical custody of the child according to prior court order, including:

(A)A juvenile court order under section 361.2; and

(B)An order appointing a guardian of the person of the child.

(2)If there is no order determining custody, both parents are deemed to have physical custody.

(3)The juvenile court may make a finding of paternity under rule 5.635. If there is no finding of paternity, the mother is deemed to have physical custody.

(4)For the purposes of transfer of wardship, residence of a ward may be with the person with whom the child resides with approval of the court.

(Subd (a) amended effective January 1, 2007; previously amended effective January 1, 2004.)

(b) Verification of residence

The residence of the person entitled to physical custody may be verified by declaration of a social worker or probation officer in the transferring or receiving county.

(Subd (b) amended effective January 1, 2017; previously amended effective January 1, 2004, and January 1, 2007.)

(c) Transfer to county of child's residence (§§ 375, 750)

(1)After making its jurisdictional finding, the court may order the case transferred to the juvenile court of the child's residence if:

(A)The petition was filed in a county other than that of the child's residence; or

(B)The child's residence was changed to another county after the petition was filed.

(2)If the court decides to transfer a delinquency case, the court must order the transfer before beginning the disposition hearing without adjudging the child to be a ward.

(3)If the court decides to transfer a dependency case, the court may order the transfer before or after the disposition hearing.

(Subd (c) amended effective January 1, 2007; previously amended effective January 1, 2004.)

(d) Transfer on subsequent change in child's residence (§§ 375, 750)

If, after the child has been placed under a program of supervision, the residence is changed to another county, the court may, on an application for modification under rule 5.570, transfer the case to the juvenile court of the other county.

(Subd (d) amended effective January 1, 2007; previously amended effective January 1, 2004.)

(e) Conduct of hearing

(1)The request for transfer must be made on Motion for Transfer Out (form JV-548), which must include all required information.

(2)After the court determines the identity and residence of the child's custodian, the court must consider whether transfer of the case would be in the child's best interest. The court may not transfer the case unless it determines that the transfer will protect or further the child's best interest.

(Subd (e) amended effective January 1, 2017; repealed and adopted effective January 1, 1990; previously amended effective January 1, 1993, January 1, 2004, and January 1, 2007.)

(f) Date of transfer-in hearing

(1)If the transfer-out motion is granted, the sending court must set a date certain for the transfer-in hearing in the receiving court: within 5 court days of the transfer-out order if the child is in custody, and within 10 court days of the transfer-out order if the child is out of custody. The sending court must state on the record the date, time, and location of the hearing in the receiving court.

(2)The website for every court must include up-to-date contact information for the court clerks handling dependency and delinquency matters, as well as up-to-date information on when and where transfer-in hearings are held.

(Subd (f) adopted effective January 1, 2017.)

(g) Order of transfer (§§ 377, 752)

The order of transfer must be entered on Juvenile Court Transfer-Out Orders (form JV-550), which must include all required information and findings.

(Subd (g) amended and relettered effective January 1, 2017; repealed and adopted as subd (f) effective January 1, 1990; previously amended effective January 1, 1993, January 1, 2004, and January 1, 2007.)

(h) Modification of form JV-550

Juvenile Court Transfer Orders (form JV-550) may be modified as follows:

(1)Notwithstanding the mandatory use of form JV-550, the form may be modified for use by a formalized regional collaboration of courts to facilitate the efficient processing of transfer cases among those courts if the modification has been approved by the Judicial Council of California.

(2)The mandatory form must be used by a regional collaboration when transferring a case to a court outside the collaboration or when accepting a transfer from a court outside the collaboration.

(Subd (h) relettered January 1, 2017; adopted as subd (g) effective January 1, 2007; previously amended January 1, 2015.)

(i) Transport of child and transmittal of documents (§§ 377, 752)

(1)If the child is ordered transported in custody to the receiving county, the child must be delivered to the receiving county at least two business days before the transfer-in hearing, and the clerk of the court of the transferring county must prepare a certified copy of the complete case file so that it may be transported with the child to the court of the receiving county.

(2)If the child is not ordered transported in custody, the clerk of the transferring court must transmit to the clerk of the court of the receiving county within five court days a certified copy of the complete case file.

(3)The file may be transferred electronically, if possible. A certified copy of the complete case file is deemed an original.

(Subd (i) amended and relettered effective January 1, 2017; repealed and adopted as subd (g); previously amended effective January 1, 1992, January 1, 1993, July 1, 1999, and January 1, 2004; previously amended and relettered as subd (h) effective January 1, 2007.)

(j) Appeal of transfer order (§§ 379, 754)

The order of transfer may be appealed by the transferring or receiving county and notice of appeal must be filed in the transferring county, under rule 8.400. Notwithstanding the filing of a notice of appeal, the receiving county must assume jurisdiction of the case on receipt and filing of the order of transfer.

(Subd (j) relettered effective January 1, 2017; repealed and adopted as subd (h); previously amended effective January 1, 1992, and January 1, 2004; previously amended and relettered as subd (i) effective January 1, 2007.)

Rule 5.610 amended effective January 1, 2017; adopted as rule 1425 effective January 1, 1990; previously amended and renumbered effective January 1, 2007; previously amended effective January 1, 1992, January 1, 1993, July 1, 1999, January 1, 2004, and January 1, 2015.

Advisory Committee Comment

Juvenile court judicial officers throughout the state have expressed concern that in determining whether or not to transfer a juvenile court case, the best interest of the subject child is being overlooked or at least outweighed by a desire to shift the financial burdens of case management and foster care. The advisory committee has clarified rule 5.610 in order to stress that in considering an intercounty transfer, as in all matters relating to children within its jurisdiction, the court has a mandate to act in the best interest of the subject children.

Juvenile Court Transfer-Out Orders (form JV-550) was adopted for mandatory use commencing January 1, 1992. Although the finding regarding the best interest of the child was noted on the original form, the language has been emphasized on the amended form.

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