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2014 California Rules of Court

Rule 5.762. Detention rehearings

(a) No parent or guardian present and not noticed

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 within 24 hours of the filing of the affidavit, excluding noncourt days. At the rehearing, the court must proceed under rules 5.752 5.760.

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

(b) Parent or guardian noticed; parent or guardian not present (§ 637)

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

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

(c) Parent or guardian noticed; preparers available (§ 637)

If a parent or guardian received notice of the detention hearing, and the preparers of any reports or other documents relied on by the court in its order detaining the child are present at court or otherwise available for cross-examination, there is no right to a detention rehearing.

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

Rule 5.762 amended and renumbered effective January 1, 2007; repealed and adopted as rule 1476 effective January 1, 1998.

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