Cal. WIC § 602.05 — California Code / Code wic / Division 2 / Part 1 / Chapter 2 / Article 14 / Section 602.05
Section 602.05
Status: in_force

(a) A minor adjudged to be a ward of the court pursuant to Section 601 or 602 who is subject to an order of probation pursuant to Section 727, with or without supervision of the probation officer, shall not remain on probation for a period that exceeds 12 months from the most recent disposition hearing, except as specified in subdivision (b). Nothing in this section shall preclude the court from holding progress review hearings at any point prior to 12 months from the most recent disposition hearing.

(b) A court may extend the probation period after a noticed hearing and upon proof by a preponderance of the evidence that it is in the ward’s and the public’s best interest, consistent with Section 202.

(1) At the noticed hearing, the probation agency shall submit a report to the court detailing the basis for any request to extend probation.

(2) The court shall provide the ward and the prosecuting attorney with the opportunity to present relevant evidence. The court has discretion to receive evidence by testimony, declaration, and other documentary evidence.

(3) In cases in which the court finds by a preponderance of the evidence a basis for extending probation, the court shall state the reasons for the findings orally on the record. The court shall also set forth the reasons in an order entered upon the minutes if requested by either party or when the proceedings are not being recorded electronically or reported by a court reporter.

(4) If the court finds good cause to continue the noticed hearing, probation shall continue until completion of the noticed hearing, provided that continuance shall be for only as long as necessary.

(c) If the court extends probation at the noticed hearing, the court shall schedule and hold subsequent noticed hearings for the ward pursuant to subdivision (b) not less frequently than every six months for the remainder of the wardship period.

(d) This section does not preclude termination of a ward’s probation before the end of a twelve-month period.

(e) Prior to terminating jurisdiction over a youth who is described by subdivision (a) of Section 607.2, the court shall comply with the provisions of Section 607.2.

(f) This section does not apply to any ward whom the court ordered the care, custody, and control of the minor or nonminor to be under the supervision of the probation officer pursuant to paragraph (3) of subdivision (a) of Section 727 for placement except that the requirement to comply with the provisions of Section 607.2 shall not be the sole basis for continuing an order imposing terms and conditions of probation, as referenced in subdivision (b) of Section 730. If the court retains jurisdiction pursuant to this subdivision, the ward shall not be subject to a petition pursuant to Section 777 or a violation of probation.

(g) This section does not apply to a ward while serving a custodial commitment to a juvenile hall, juvenile home, ranch, camp, or forestry camp pursuant to Section 730.

(h) This section does not apply to any ward who is transferred from a secure youth treatment facility to a less restrictive program pursuant to paragraph (2) of subdivision (f) of Section 875 or to any ward who is discharged from a secure youth treatment facility pursuant to a probation discharge hearing described in subdivision (e) of Section 875.