2018 California Rules of Court

Rule 5.676. Requirements for detention

(a) Requirements for detention (§ 319)

No child may be ordered detained by the court unless the court finds that:

(1)A prima facie showing has been made that the child is described by section 300;

(2)Continuance in the home of the parent or guardian is contrary to the child's welfare; and

(3)One or more of the grounds for detention in rule 5.678 is found.

(Subd (a) amended effective January 1, 2007; previously amended effective July 1, 2002.)

(b) Evidence required at detention hearing

In making the findings required to support an order of detention, the court may rely solely on written police reports, probation or social worker reports, or other documents.

The reports relied on must include:

(1)A statement of the reasons the child was removed from the parent's custody;

(2)A description of the services that have been provided, including those under section 306, and of any available services or safety plans that would prevent or eliminate the need for the child to remain in custody;

(3)If a parent is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with his or her parent, information and a recommendation regarding whether the child can be returned to the custody of that parent;

(4)Identification of the need, if any, for the child to remain in custody; and

(5)If continued detention is recommended, information about any parent or guardian of the child with whom the child was not residing at the time the child was taken into custody and about any relative or nonrelative extended family member as defined under section 362.7 with whom the child may be detained.

(Subd (b) amended effective January 1, 2016; previously amended effective July 1, 2002, and January 1, 2007.)

Rule 5.676 amended effective January 1, 2016; repealed and adopted as rule 1445 effective January 1, 1998; previously amended effective July 1, 2002; previously amended and renumbered as rule 5.676 effective January 1, 2007.

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