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2014 California Rules of Court

Rule 5.790. Orders of the court

(a) Findings and orders of the court (§§ 654, 654.1, 654.2, 654.3, 654.4, 725, 725.5, 782)

At the disposition hearing:

(1)If the court has not previously considered whether any offense is a misdemeanor or felony, the court must do so at this time and state its finding on the record. If the offense may be found to be either a felony or a misdemeanor, the court must consider which description applies and must expressly declare on the record that it has made such consideration and must state its finding as to whether the offense is a misdemeanor or a felony.

(2)The court may then:

(A)Dismiss the petition in the interests of justice and the welfare of the child or, if the child does not need treatment or rehabilitation, with the specific reasons stated in the minutes;

(B)Place the child on probation for no more than six months, without declaring the child a ward; or

(C)Declare the child a ward of the court.

(Subd (a) amended effective January 1, 2007; previously amended effective January 1, 1998, and July 1, 2002.)

(b) Conditions of probation (§§ 725, 726, 727, 729.2, 729.9, 729.10)

If the child is placed on probation, with or without wardship, the court must set reasonable terms and conditions of probation. Unless the court finds and states its reasons on the record that any of the following conditions is inappropriate, the court must:

(1)Require the child to attend school;

(2)Require the parent to participate with the child in a counseling or education program; and

(3)Require the child to be at the child's residence between 10:00 p.m. and 6:00 a.m. unless accompanied by a parent or a guardian or an adult custodian.

(Subd (b) amended effective January 1, 2014; previously amended effective July 1, 2002, and January 1, 2007.)

(c) Custody and visitation (§ 726.5)

At any time while the child is a ward of the juvenile court or at the time wardship is terminated, the court may issue an order determining custody of, or visitation with, the child as described in rule 5.700.

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

(d) Removal of custody-required findings (§ 726)

The court must not order a ward removed from the physical custody of a parent or guardian unless the court finds:

(1)The parent or guardian has failed or neglected to provide, or is incapable of providing, proper maintenance, training, and education for the child;

(2)The child has been on probation in the custody of the parent or guardian and during that time has failed to reform; or

(3)The welfare of the child requires that physical custody be removed from the parent or guardian.

(Subd (d) amended and relettered effective January 1, 2007; adopted as subd (c); previously amended effective July 1, 2002.)

(e) Removal of custody-orders regarding reunification services (§ 727.2)

(1)Whenever the court orders the care, custody, and control of the child to be under the supervision of the probation officer for placement, the court must order the probation department to ensure the provision of reunification services to facilitate the safe return of the child to his or her home or the permanent placement of the child and to address the needs of the child while in foster care.

(2)Reunification services need not be provided to the parent or guardian if the court finds, by clear and convincing evidence, that one or more of the exceptions listed in section 727.2(b) is true.

(Subd (e) amended and relettered effective January 1, 2007; adopted as subd (d) effective July 1, 2002; previously amended effective January 1, 2004.)

(f) Family-finding determination (§ 628(d))

(1)If the child is detained and at risk of entering foster care, the court must consider whether the probation officer has exercised due diligence in conducting the investigation to identify, locate, and notify the child's relatives. The court may consider the activities listed in (g) as examples of due diligence.

If the dispositional hearing is continued, the court may set a hearing to be held 30 days from the date of detention or as soon as possible thereafter to consider whether the probation officer has exercised due diligence in conducting the investigation to identify, locate, and notify the child's relatives.

(2)If the court finds that the probation officer has not exercised due diligence, the court may order the probation officer to exercise due diligence in conducting an investigation to identify, locate, and notify the child's relatives-except for any individual the probation officer identifies who is inappropriate to notify under rule 5.637(b)-and may require a written or oral report to the court.

(Subd (f) adopted effective January 1, 2014.)

(g) Due Diligence

When making the inquiry required under (f), the court may consider, among other examples of due diligence, whether the probation officer has done any of the following:

(1)Asked the child, in an age-appropriate manner and consistent with the child's best interest, about his or her relatives;

(2)Obtained information regarding the location of the child's relatives;

(3)Reviewed the child's case file for any information regarding relatives;

(4)Telephoned, e-mailed, or visited all identified relatives;

(5)Asked located relatives for the names and locations of other relatives;

(6)Used Internet search tools to locate relatives identified as supports; or

(7)Developed tools, including a genogram, family tree, family map, or other diagram of family relationships, to help the child or parents to identify relatives.

(Subd (g) adopted effective January 1, 2014.)

(h) Wardship orders (§§ 726, 727, 727.1, 730, 731)

The court may make any reasonable order for the care, supervision, custody, conduct, maintenance, support, and medical treatment of a child adjudged a ward of the court.

(1)Subject to the provisions of section 727, the court may order the ward to be on probation without the supervision of the probation officer and may impose on the ward reasonable conditions of behavior.

(2)The court may order the care, custody, control, and conduct of the ward to be under the supervision of the probation officer in the home of a parent or guardian.

(3)If the court orders removal of custody under (d), it must authorize the probation officer to place the ward with a person or organization described in section 727. The decision regarding choice of placement must take into account the following factors:

(A)That the setting is safe;

(B)That the setting is the least restrictive or most family-like environment that is appropriate for the child and available;

(C)That the setting is in close proximity to the parent's home; and

(D)That the setting is the environment best suited to meet the child's special needs and best interest.

The selection must consider, in order of priority, placement with relatives, tribal members, and foster family, group care, and residential treatment under Family Code section 7950.

(4)If the child was declared a ward under section 602, the court may order treatment or commitment of the child under section 730 or 731.

(5)The court may limit the control exercised over the ward by a parent or guardian. Orders must clearly specify all limitations. In particular, the court must consider whether it is necessary to limit the rights of the parent or guardian to make educational or developmental-services decisions for the child. If the court limits those rights, it must follow the procedures in rules 5.649-5.651.

(Subd (h) amended and relettered effective January 1, 2014; adopted as subd (d); previously amended and relettered as subd (e) effective July 1, 2002, and as subd (f) effective January 1, 2007; previously amended effective January 1, 2004, and January 1, 2008.)

(i) California Department of Corrections and Rehabilitation, Division of Juvenile Justice

If, at the time of the disposition hearing, the child is a ward of the California Department of Corrections and Rehabilitation, Division of Juvenile Justice (DJJ) under a prior commitment, the court may either recommit or return the child to the DJJ. If the child is returned to the DJJ, the court may:

(1)Recommend that the ward's parole status be revoked;

(2)Recommend that the ward's parole status not be revoked; or

(3)Make no recommendation regarding revocation of parole.

(Subd (i) relettered effective January 1, 2014; adopted as subd (e); previously amended effective January 1, 2006; previously amended and relettered as subd (f) effective July 1, 2002, and as subd (g) effective January 1, 2007.)

(j) Fifteen-day reviews (§ 737)

If the child is detained pending the implementation of a disposition order, the court must review the case at least every 15 days as long as the child is detained. The court must inquire about the action taken by the probation officer to carry out the court's order, the reasons for the delay, and the effects of the delay on the child.

(Subd (j) relettered effective January 1, 2014; adopted as subd (f); previously amended and relettered as subd (g) effective July 1, 2002, and as subd (h) effective January 1, 2007.)

Rule 5.790 amended effective January 1, 2014; adopted as rule 1493 effective January 1, 1991; previously amended and renumbered effective January 1, 2007; previously amended effective January 1, 1998, July 1, 2002, January 1, 2004, January 1, 2006, and January 1, 2008.

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