Rule 5.678. Findings in support of detention; factors to consider; reasonable efforts; detention alternatives
(a) Findings in support of detention (§ 319; 42 U.S.C., § 600 et seq.)
The court must order the child released from custody 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)Any of the following grounds exist:
(A)There is a substantial danger to the physical health of the child or the child is suffering severe emotional damage, and there are no reasonable means to protect the child's physical or emotional health without removing the child from the parent's or guardian's physical custody;
(B)The child is a dependent of the juvenile court who has left a placement;
(C)The parent, guardian, or responsible relative is likely to flee the jurisdiction of the court with the child; or
(D)The child is unwilling to return home and the petitioner alleges that a person residing in the home has physically or sexually abused the child.
(Subd (a) amended effective January 1, 2007; previously amended effective July 1, 2002.)
(b) Factors to consider
In determining whether to release or detain the child under (a), the court must consider the following:
(1)Whether the child can be returned home if the court orders services to be provided, including services under section 306; and
(2)Whether the child can be returned to the custody of his or her parent who is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with his or her parent.
(Subd (b) amended effective January 1, 2016; previously amended effective July 1, 2002, and January 1, 2007.)
(c) Findings of the court-reasonable efforts (§ 319; 42 U.S.C., § 600 et seq.)
(1)Whether the child is released or detained at the hearing, the court must determine whether reasonable efforts have been made to prevent or eliminate the need for removal and must make one of the following findings:
(A)Reasonable efforts have been made; or
(B)Reasonable efforts have not been made.
(2)The court must not order the child detained unless the court, after inquiry regarding available services, finds that there are no reasonable services that would prevent or eliminate the need to detain the child or that would permit the child to return home.
(3)If the court orders the child detained, the court must:
(A)Determine if there are services that would permit the child to return home pending the next hearing and state the factual bases for the decision to detain the child;
(B)Specify why the initial removal was necessary; and
(C)If appropriate, order services to be provided as soon as possible to reunify the child and the child's family.
(Subd (c) amended effective January 1, 2007; adopted as subd (d); previously amended and relettered effective July 1, 2002.)
(d) Order of the court (§ 319, 42 U.S.C., § 600 et seq.)
If the court orders the child detained, the court must order that temporary care and custody of the child be vested with the county welfare department pending disposition or further order of the court.
(Subd (d) adopted effective July 1, 2002.)
(e) Detention alternatives (§ 319)
The court may order the child detained in the approved home of a relative, an emergency shelter, another suitable licensed home or facility, a place exempt from licensure if specifically designated by the court, or the approved home of a nonrelative extended family member as defined in section 362.7.
(1)In determining the suitability of detention with a relative or a nonrelative extended family member, the court must consider the recommendations of the social worker based on the approval of the home of the relative or nonrelative extended family member, including the results of checks of criminal records and any prior reports of alleged child abuse.
(2)The court must order any parent and guardian present to disclose the names, residences (if known), and any identifying information of any maternal or paternal relatives of the child.
(Subd (e) amended effective January 1, 2007; adopted effective January 1, 1999; previously amended effective July 1, 2002.)
Rule 5.678 amended effective January 1, 2016; repealed and adopted as rule 1446 effective January 1, 1998; previously amended effective January 1, 1999, and July 1, 2002; previously amended and renumbered as rule 5.678 effective January 1, 2007.