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2023 California Rules of Court

Rule 5.758. Requirements for detention; prima facie case

(a) Requirements for detention (§§ 635, 636)

The court must release the child unless the court finds that:

(1)  A prima facie showing has been made that the child is described by section 601 or 602;

(2)  Continuance in the home is contrary to the child's welfare; and

(3)  One or more of the grounds for detention stated in rule 5.760 exist. However, except as provided in sections 636.2 and 207, no child taken into custody solely on the basis of being a person described in section 601 may be detained in juvenile hall or any other secure facility.

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

(b) Detention in adult facility

A child must not be detained in a jail or lockup used for the confinement of adults, except as provided in section 207.1.

(Subd (b) amended effective July 1, 2002.)

Rule 5.758 amended and renumbered effective January 1, 2007; repealed and adopted as rule 1474 effective January 1, 1998; previously amended effective July 1, 2002.

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