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2014 California Rules of Court

Rule 5.612. Transfer-in hearing

(a) Procedure on transfer (§§ 378, 753)

(1)On receipt and filing of a certified copy of a transfer order, the receiving court must accept jurisdiction of the case. The receiving court may not reject the case. The clerk of the receiving court must immediately place the transferred case on the court calendar for a transfer-in hearing:

(A)Within 2 court days after the transfer-out order and documents are received if the child has been transported in custody and remains detained; or

(B)Within 10 court days after the transfer-out order and documents are received if the child is not detained in custody.

(2)No requests for additional time for the transfer-in hearing may be approved. The clerk must immediately cause notice to be given to the child and the parent or guardian, orally or in writing, of the time and place of the transfer-in hearing. The receiving court must notify the transferring court on receipt and filing of the certified copies of the transfer order and complete case file.

(Subd (a) amended effective January 1, 2007; repealed and adopted effective January 1, 1990; previously amended effective January 1, 1992, July 1, 1999, and January 1, 2004.)

(b) Conduct of hearing

At the transfer-in hearing, the court must:

(1)Advise the child and the parent or guardian of the purpose and scope of the hearing;

(2)Provide for the appointment of counsel if appropriate; and

(3)If the child was transferred to the county in custody, determine whether the child must be further detained under rule 5.667.

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

(c) Subsequent proceedings

The proceedings in the receiving court must commence at the same phase as when the case was transferred. The court may continue the hearing for an investigation and report to a date not to exceed 10 court days if the child is in custody or 15 court days if the child is not detained in custody.

(Subd (c) amended effective January 1, 2004; previously amended effective July 1, 1999.)

(d) Limitation on more restrictive custody (§§ 387, 777)

If a disposition order has already been made in the transferring county, a more restrictive level of physical custody may not be ordered in the receiving county, except after a hearing on a supplemental petition under rule 5.565.

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

(e) Setting six-month review (§ 366)

When an order of transfer is received and filed relating to a child who has been declared a dependent, the court must set a date for a six-month review within six months of the disposition or the most recent review hearing.

(Subd (e) amended effective January 1, 2004.)

(f) Change of circumstances or additional facts (§§ 388, 778)

If the receiving court believes that a change of circumstances or additional facts indicate that the child does not reside in the receiving county, a transfer-out hearing must be held under rules 5.610 and 5.570. The court may direct the department of social services or the probation department to seek a modification of orders under section 388 or 778 and under rule 5.570.

(Subd (f) amended effective January 1, 2007; adopted effective January 1, 1992; previously amended effective July 1, 1999, and January 1, 2004.)

Rule 5.612 amended and renumbered effective January 1, 2007; adopted as rule 1426 effective January 1, 1990; previously amended effective January 1, 1992, July 1, 1999, and January 1, 2004.

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