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2017 California Rules of Court

Rule 5.684. Contested hearing on petition

(a) Contested jurisdiction hearing (§ 355)

If the parent or guardian denies the allegations of the petition, the court must hold a contested hearing and determine whether the allegations in the petition are true.

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

(b) Admissibility of evidence-general (§§ 355, 355.1)

Except as provided in sections 355(c) and 355.1 and (c) and (d) of this rule, the admission and exclusion of evidence must be in accordance with the Evidence Code as it applies to civil cases.

(Subd (b) amended effective January 1, 2017; previously amended effective July 1, 1997, and January 1, 2007.)

(c) Reports

(1)A social study, with hearsay evidence contained in it, is admissible as provided in section 355.

(2)The social study must be provided to all parties and their counsel by the county welfare department within a reasonable time before the hearing.

(Subd (c) amended effective January 1, 2017; previously amended effective July 1, 1997, and January 1, 2007.)

(d) Inapplicable privileges (Evid. Code, §§ 972, 986)

The privilege not to testify or to be called as a witness against a spouse or domestic partner, and the confidential marital communication privilege, does not apply to dependency proceedings.

(Subd (d) relettered effective January 1, 2017; adopted as subd (e); previously amended effective July 1, 1997, and January 1, 2007.)

(e) Findings of court-allegations true (§ 356)

If the court determines by a preponderance of the evidence that the allegations of the petition are true, the court must make findings on each of the following, noted in the minutes:

(1)Notice has been given as required by law;

(2)The birthdate and county of residence of the child;

(3)The allegations of the petition are true; and

(4)The child is described by one or more subdivisions of section 300.

(Subd (e) amended and relettered effective January 1, 2017; adopted as subd (f); previously amended effective January 1, 2007.)

(f) Disposition and continuance pending disposition hearing (§§ 356, 358)

After making the findings in (e), the court must proceed to a disposition hearing under rule 5.690. The court may continue the disposition hearing as provided in section 358.

(Subd (f) amended and relettered effective January 1, 2017; adopted as subd (g); previously amended effective July 1, 1997, and January 1, 2007.)

(g) Findings of court-allegations not proved (§§ 356, 361.1)

If the court determines that the allegations of the petition have not been proved by a preponderance of the evidence, the court must dismiss the petition and terminate any detention orders relating to the petition. The court must order that the child be returned to the physical custody of the parent or guardian immediately but, in any event, not more than two working days following the date of that finding, unless the parent or guardian and the agency with custody of the child agree to a later date for the child's release. The court must make the following findings, noted in the order of the court:

(1)Notice has been given as required by law;

(2)The birthdate and county of residence of the child; and

(3)The allegations of the petition are not proved.

(Subd (g) relettered effective January 1, 2017; adopted as subd (h); previously amended effective July 1, 1997, January 1, 2005, and January 1, 2007.)

Rule 5.684 amended effective January 1, 2017; adopted as rule 1450 effective January 1, 1991; previously amended effective July 1, 1997, and January 1, 2005; previously amended and renumbered as rule 5.684 effective January 1, 2007.

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