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2014 California Rules of Court

Rule 5.680. Detention rehearings; prima facie hearings

(a) No parent or guardian present and not noticed (§ 321)

If the court orders the child detained at the detention hearing and no parent or guardian is present and no parent or guardian has received actual notice of the detention hearing, a parent or guardian may file an affidavit alleging the failure of notice and requesting a detention rehearing. The clerk must set the rehearing for a time within 24 hours of the filing of the affidavit, excluding noncourt days. At the rehearing the court must proceed under rules 5.670-5.678.

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

(b) Parent or guardian noticed, not present (§ 321)

If the court determines that the parent or guardian received adequate notice of the detention hearing, and the parent or guardian fails to appear at the hearing, the request of the parent or guardian for a detention rehearing must be denied absent a finding that the failure to appear at the hearing was due to good cause.

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

(c) Parent or guardian present; preparers available (§ 321)

If a parent or guardian has received notice of the detention hearing, is present at the hearing, and the preparers of any reports or other documents relied on by the court in its order detaining the child are present in court or otherwise available for cross-examination, the request for a detention rehearing must be denied.

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

(d) Hearing for further evidence; prima facie case (§ 321)

If the court orders the child detained, and the child, a parent, a guardian, or counsel requests that evidence of the prima facie case be presented, the court must set a prima facie hearing for a time within 3 court days to consider evidence of the prima facie case or set the matter for jurisdiction hearing within 10 court days. If at the hearing petitioner fails to establish the prima facie case, the child must be released from custody.

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

Rule 5.680 amended and renumbered effective January 1, 2007; repealed and adopted as rule 1447 effective January 1, 1998.

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