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2016 California Rules of Court

Rule 5.620. Orders after filing under section 300

(a) Exclusive jurisdiction (§ 304)

Once a petition has been filed alleging that a child is described by section 300, and until the petition is dismissed or dependency is terminated, the juvenile court has exclusive jurisdiction to hear proceedings relating to the custody of the child and visitation with the child and establishing a guardianship for the child.

(Subd (a) amended effective January 1, 2016.)

(b) Restraining orders (§ 213.5)

After a petition has been filed under section 300, and until the petition is dismissed or dependency is terminated, the court may issue restraining orders as provided in rule 5.630. A temporary restraining order must be prepared on Notice of Hearing and Temporary Restraining Order-Juvenile (form JV-250). An order after hearing must be prepared on Restraining Order-Juvenile (form JV-255).

(Subd (b) amended effective January 1, 2014; previously amended effective January 1, 2007.)

(c) Custody and visitation (§ 361.2)

If the court sustains a petition, finds that the child is described by section 300, and removes physical custody from a parent or guardian, it may order the child placed in the custody of a previously noncustodial parent as described in rule 5.695(a)(7)(A) or (B).

(1)This order may be entered at the dispositional hearing, at any subsequent review hearing under rule 5.708(k), or on granting a request under section 388 for custody and visitation orders.

(2)If the court orders legal and physical custody to the previously noncustodial parent and terminates dependency jurisdiction under rule 5.695(a)(7)(A), the court must proceed under rule 5.700.

(3)If the court orders custody to the noncustodial parent subject to the continuing supervision of the court, the court may order services provided to either parent or to both parents under section 361.2(b)(3). If the court orders the provision of services, it must review its custody determination at each subsequent hearing held under section 366 and rule 5.708.

(Subd (c) amended effective January 1, 2016; previously amended effective January 1, 2007.)

(d) Appointment of a legal guardian of the person (§§ 360, 366.26)

If the court finds that the child is described by section 300, it may appoint a legal guardian at the disposition hearing as described in rule 5.695(b), or at the hearing under section 366.26 as described in rule 5.735. The juvenile court maintains jurisdiction over the guardianship, and petitions to terminate or modify such guardianships must be heard in juvenile court under rule 5.740(c).

(Subd (d) amended effective January 1, 2007.)

(e) Termination or modification of previously established guardianships (§ 728)

At any time after the filing of a petition under section 300 and until the petition is dismissed or dependency is terminated, the court may terminate or modify a guardianship of the person previously established by the juvenile court or the probate court. If the social worker recommends to the court, by filing Juvenile Dependency Petition (Version One) (form JV-100) and Request to Change Court Order (form JV-180), that an existing guardianship be modified or terminated, the court must order the appropriate county agency to file the recommended motion.

(1)The hearing on the motion may be held simultaneously with any regularly scheduled hearing regarding the child. Notice requirements under Probate Code section 1511 apply.

(2)If the court terminates or modifies a previously established probate guardianship, the court must provide notice of the order to the probate court that made the original appointment. The clerk of the probate court must file the notice in the probate file and send a copy of the notice to all parties of record identified in that file.

(Subd (e) amended effective January 1, 2007.)

Rule 5.620 amended effective January 1, 2016; adopted as rule 1429.1 effective January 1, 2000; previously amended and renumbered as rule 5.620 effective January 1, 2007; previously amended effective January 1, 2014.

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