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2014 California Rules of Court

Rule 5.768. Report of probation officer

(a) Contents of report (§ 707)

The probation officer must investigate the issue of fitness and submit to the court a report on the behavioral patterns and social history of the child being considered. The report must include information relevant to the determination of whether or not the child would be amenable to the care, treatment, and training program available through the facilities of the juvenile court, including information regarding all of the criteria listed in rules 5.770 and 5.772. The report may also include information concerning:

(1)The social, family, and legal history of the child;

(2)Any statement the child chooses to make regarding the alleged offense;

(3)Any statement by a parent or guardian;

(4)If the child is or has been under the jurisdiction of the court, a statement by the social worker, probation officer, or Youth Authority parole agent who has supervised the child regarding the relative success or failure of any program of rehabilitation; and

(5)Any other information relevant to the determination of fitness.

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

(b) Recommendation of probation officer (§§ 281, 707)

The probation officer must make a recommendation to the court as to whether the child is a fit and proper subject to be dealt with under the juvenile court law.

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

(c) Copies furnished

The probation officer's report on the behavioral patterns and social history of the child must be furnished to the child, the parent or guardian, and all counsel at least 24 hours before commencement of the fitness hearing. A continuance of 24 hours must be granted on the request of any party who has not been furnished the probation officer's report in accordance with this rule.

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

Rule 5.768 amended and renumbered effective January 1, 2007; adopted as rule 1481 effective January 1, 1991.

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