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2014 California Rules of Court

Rule 5.670. Initial hearing; detention hearings; time limit on custody; setting jurisdiction hearing; visitation

(a) Child not detained; filing petition, setting hearing

If the social worker does not take the child into custody but determines that a petition concerning the child should be filed, the social worker must file a petition with the clerk of the juvenile court as soon as possible. The clerk must set an initial hearing on the petition within 15 court days.

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

(b) Time limit on custody, filing petition, setting hearing (§§ 311, 313)

If the social worker takes the child into custody, the social worker must immediately file a petition with the clerk of the juvenile court, and the clerk must immediately set the matter for hearing on the detention hearing calendar. A child who is detained must be released within 48 hours, excluding noncourt days, unless a petition has been filed.

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

(c) Detention-child in medical facility (§ 309(b))

For purposes of these rules, a child is deemed taken into custody and delivered to the social worker if the child is under medical care and cannot immediately be moved and there is reasonable cause to believe the child is described by section 300.

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

(d) Detention hearing-time of (§ 315)

Unless the child has been released sooner, the matter concerning a child who is taken into custody must be brought before the juvenile court for a detention hearing as soon as possible, but in any event before the end of the next court day after a petition has been filed. At the detention hearing, the court must determine whether the child is to continue to be detained in custody. If the detention hearing is not commenced within that time, the child must be immediately released from custody.

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

(e) Detention hearing-warrant cases, transfers in, changes in placement

Notwithstanding (c), and unless the child has been released sooner, a detention hearing must be held as soon as possible, but no later than 48 hours, excluding noncourt days, after the child arrives at a facility within the county if:

(1)The child was taken into custody in another county and transported in custody to the requesting county under a protective custody warrant issued by the juvenile court;

(2)The child was taken into custody in the county in which a protective custody warrant was issued by the juvenile court; or

(3)The matter was transferred from the juvenile court of another county under rule 5.610 and the child was ordered transported in custody.

At the hearing the court must determine whether the child is to continue to be detained in custody. If the hearing is not commenced within that time, the child must be immediately released from custody.

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

(f) Setting jurisdiction hearing (§ 334)

If the child is not detained, the court must set a jurisdiction hearing to be held within 30 days of the date the petition is filed. If the court orders the child to be detained, the court must set a jurisdiction hearing within 15 court days of the order of detention.

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

(g) Visitation

(1)The court must consider the issue of visitation between the child and other persons, determine if contact pending the jurisdiction hearing would be beneficial or detrimental to the child, and make appropriate orders.

(2)The court must consider the issue of visitation between the child and any sibling who was not placed with the child, and who was taken into custody with the child or is otherwise under the court's jurisdiction, and enter an order for sibling visitation pending the jurisdiction hearing, unless the court finds by clear and convincing evidence that sibling interaction between the child and the sibling is contrary to the safety or well-being of either child.

(Subd (g) amended effective July 1, 2011; previously amended effective January 1, 2007.)

Rule 5.670 amended effective July 1, 2011; repealed and adopted as rule 1442 effective January 1, 1998; previously amended and renumbered effective January 1, 2007.

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