reglab/statecodes huggingface dataset:
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 7 - Dependent Children Temporary Custody and Detention › Section 324.

324. Whenever any minor is taken into temporary custody under the provisions of this article in any county other than the county in which the minor is alleged to be within or to come within the jurisdiction of the juvenile court, which county is referred to herein as the requesting county, the officer who has taken the minor into temporary custody may notify the law enforcement agency in the requesting county of the fact that the minor is in custody. When a law enforcement officer, of such requesting county files a petition pursuant to Section 332 with the clerk of the juvenile court of his respective county and secures a warrant therefrom, he shall forward said warrant, or a telegraphic copy thereof to the officer who has the minor in temporary custody as soon as possible within 48 hours, excluding Sundays and nonjudicial days, from the time said juvenile was taken into temporary custody. Thereafter an officer from said requesting county shall take custody of the minor within five days, in the county in which the minor is in temporary custody, and shall take the minor before the juvenile court judge who issued the warrant, or before some other juvenile court of the same county without unnecessary delay. If the minor is not brought before a judge of the juvenile court within the period prescribed by this section, he must be released from custody.
(Added by Stats. 1976, Ch. 1068.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 7 - Dependent Children Temporary Custody and Detention › Section 324.5.

324.5. (a) Whenever allegations of physical or sexual abuse of a child come to the attention of a local law enforcement agency or the local child welfare department and the child is taken into protective custody, the local law enforcement agency, or child welfare department may, as soon as practically possible, consult with a medical practitioner, who has specialized training in detecting and treating child abuse injuries and neglect, to determine whether a physical examination of the child is appropriate. If deemed appropriate, the local law enforcement agency, or the child welfare department, shall cause the child to undergo a physical examination performed by a medical practitioner who has specialized training in detecting and treating child abuse injuries and neglect, and, whenever possible, shall ensure that this examination take place within 72 hours of the time the child was taken into protective custody. In the event the allegations are made while the child is in custody, the physical examination shall be performed within 72 hours of the time the allegations were made.
In the case of a petition filed pursuant to Section 319, the department shall provide the results of the physical examination to the court and to any counsel for the minor, and counsel for the parent or guardian of the minor. Failure to obtain this physical examination shall not be grounds to deny a petition under this section.
(b) The local child welfare agency shall, whenever possible, request that additional medical examinations to determine child abuse injuries or neglect, be performed by the same medical practitioner who performed the examinations described in subdivision (a). If it is not possible to obtain additional medical examinations, the local child welfare agency shall ensure that future medical practitioners to whom the child has been referred for ongoing diagnosis and treatment have specialized training in detecting and treating child abuse injuries and neglect and have access to the child’s medical records covering the current and previous incidents of child abuse.
(Added by Stats. 1998, Ch. 949, Sec. 2. Effective January 1, 1999.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 8 - Dependent Children Commencement of Proceedings › Section 325.

325. A proceeding in the juvenile court to declare a child to be a dependent child of the court is commenced by the filing with the court, by the social worker, of a petition, in conformity with the requirements of this article.
(Amended by Stats. 1998, Ch. 1054, Sec. 10. Effective January 1, 1999.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 8 - Dependent Children Commencement of Proceedings › Section 326.5.

326.5. The Judicial Council shall adopt a rule of court effective July 1, 2001, that complies with the requirement of the federal Child Abuse Prevention and Treatment Act (Public Law 93-247) for the appointment of a guardian ad litem, who may be an attorney or a court-appointed special advocate, for a child in cases in which a petition is filed based upon neglect or abuse of the child or in which a prosecution is initiated under the Penal Code arising from neglect or abuse of the child. The rule of court may include guidelines to the courts for determining when an attorney should be appointed rather than a court appointed special advocate, and caseload standards for guardians ad litem.
(Added by Stats. 2000, Ch. 450, Sec. 3. Effective January 1, 2001.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 8 - Dependent Children Commencement of Proceedings › Section 326.7.

326.7. Appointment of a guardian ad litem shall not be required for a minor who is a parent of the child who is the subject of the dependency petition, unless the minor parent is unable to understand the nature of the proceedings or to assist counsel in preparing the case.
(Added by Stats. 2008, Ch. 181, Sec. 3. Effective January 1, 2009.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 8 - Dependent Children Commencement of Proceedings › Section 327.

327. Either the juvenile court in the county in which a minor resides or in the county where the minor is found or in the county in which the acts take place or the circumstances exist which are alleged to bring such minor within the provisions of Section 300, is the proper court to commence proceedings under this chapter.
(Added by Stats. 1976, Ch. 1068.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 8 - Dependent Children Commencement of Proceedings › Section 328.1.

328.1. (a) A county child welfare department investigating a case of child abuse or neglect involving an allegation against the parent or guardian of the child shall attempt, as soon as practicable, to determine if the parent or guardian is an active duty member of the Armed Forces of the United States.
(b) A county child welfare department may develop and adopt memoranda of understanding with military installations, located in whole or in part within the borders of its jurisdiction, that govern the investigation of allegations of child abuse or neglect against active duty service members assigned to units on those installations. Those memoranda may include, but are not limited to, all of the following:
(1) To whom, how, and when each party would report information about an investigation.
(2) Each party’s role and responsibilities when conducting an investigation and in providing child maltreatment prevention or rehabilitative services to a family in response to the results of the investigations, consistent with state and federal law.
(3) Protocols describing what, if any, confidential information may be shared between the parties and for what purposes, in accordance with applicable state and federal law.
(c) This section does not limit or change the responsibilities of a county child welfare department with respect to investigations of, or responses to, allegations of abuse or neglect.
(Added by Stats. 2020, Ch. 233, Sec. 1. (SB 907) Effective January 1, 2021.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 8 - Dependent Children Commencement of Proceedings › Section 328.2.

328.2. The State Department of Social Services shall update all regulations, all-county letters, and other instructions relating to the investigation of a minor who may be described by Section 300 to ensure that, when a social worker is investigating an alleged case of child abuse or neglect, a parent’s or guardian’s use or possession of cannabis is treated in the same manner as a parent’s or guardian’s use or possession of alcohol and legally prescribed medication.
(Added by Stats. 2022, Ch. 260, Sec. 1. (AB 2595) Effective January 1, 2023.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 8 - Dependent Children Commencement of Proceedings › Section 328.3.

328.3. Whenever any officer refers or delivers a minor pursuant to Section 307.5, the agency to which the minor is referred shall immediately make such investigation as it deems necessary to determine what disposition of the referral or delivery should be made. If the referral agency does not initiate a service program on behalf of a minor referred to the agency within 20 calendar days, or initiate a service program on behalf of a minor delivered to the agency within 10 calendar days, that agency shall immediately notify the referring officer of that decision in writing. The referral agency shall retain a copy of that written notification for 30 days.
(Added by Stats. 1984, Ch. 260, Sec. 2.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 8 - Dependent Children Commencement of Proceedings › Section 329.

329. (a) When a person applies to the social worker to commence proceedings in the juvenile court, the application shall be in the form of an affidavit alleging that there was or is within the county, or residing therein, a child within the provisions of Section 300, and setting forth facts in support thereof. The social worker shall immediately investigate as necessary to determine whether proceedings in the juvenile court should be commenced. If the social worker does not take action under Section 301 and does not file a petition in the juvenile court within three weeks after the application, the social worker shall endorse upon the affidavit of the applicant the decision not to proceed further, including any recommendation made to the applicant, if one is made, to consider commencing a probate guardianship proceeding for the child, and the reasons therefor and shall immediately notify the applicant of the action taken or the decision rendered under this section. The social worker shall retain the affidavit and the endorsement thereon for a period of 30 days after notifying the applicant.
(b) (1) If a social worker receives a referral from the probate court pursuant to Section 1513 of the Probate Code, the social worker shall immediately investigate as necessary to determine whether proceedings in the juvenile court should be commenced.
(2) The social worker shall, within three weeks of the referral, report the findings and conclusions of the investigation, along with any decision made as a result and the reasons for the decision, to the probate court as required by subdivision (b) of Section 1513 of the Probate Code.
(Amended by Stats. 2021, Ch. 578, Sec. 4. (AB 260) Effective January 1, 2022.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 8 - Dependent Children Commencement of Proceedings › Section 331.

331. (a) If a person has applied to the social worker, pursuant to Section 329, to commence juvenile court proceedings and the social worker does not file a petition within three weeks after the application, the person may, within one month after making the application, apply to the juvenile court to review the decision of the social worker, and the court may either affirm the decision of the social worker or, if it finds that the child is, prima facie, described by Section 300, order the social worker to commence juvenile court proceedings.
(b) If the probate court has referred a matter to the child welfare agency pursuant to Section 1513 of the Probate Code, and the agency does not file a petition to commence juvenile court proceedings within three weeks of the referral, the probate court or counsel appointed by the probate court pursuant to Section 1470 of the Probate Code to represent the child may, within one month after the referral, request that the juvenile court review the decision of the social worker not to file a petition. The request shall contain the probate court referral made pursuant to subdivision (b) of Section 1513 of the Probate Code and the social worker’s report, if available to the court, and need not contain any additional information. The juvenile court may either affirm the decision of the social worker or, if it finds that the child is, prima facie, described by Section 300, order the social worker to commence juvenile court proceedings.
(1) Either the appointment of a temporary probate guardian or any delay attributable to the child welfare investigation shall not preclude the juvenile court from ordering the social worker to commence dependency proceedings or from hearing and determining a petition alleging that the child is described by Section 300.
(2) The juvenile court shall, within five days of completing its review, transmit its decision, in writing, to the probate court. The probate court shall file the decision in question in the guardianship proceeding and shall make it available only to persons entitled to receive reports pursuant to subdivision (d) of Section 1513 of the Probate Code.
(Amended by Stats. 2021, Ch. 578, Sec. 5. (AB 260) Effective January 1, 2022.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 8 - Dependent Children Commencement of Proceedings › Section 331.5.

331.5. When any officer has referred or delivered a child to an agency pursuant to Section 307.5, and that agency does not initiate a service program for the child within the time periods required by Section 328.3, the referring agency may, within 10 court days following receipt of the notification from the referral agency, apply to the social worker for a review of that decision.
(Amended by Stats. 1998, Ch. 1054, Sec. 14. Effective January 1, 1999.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 8 - Dependent Children Commencement of Proceedings › Section 333.

333. Any petition filed in juvenile court to commence proceedings pursuant to this chapter that is not verified may be dismissed without prejudice by such court.
(Added by Stats. 1976, Ch. 1068.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 8 - Dependent Children Commencement of Proceedings › Section 334.

334. Upon the filing of the petition, the clerk of the juvenile court shall set the same for hearing within 30 days, except that in the case of a minor detained in custody at the time of the filing of the petition, the petition must be set for hearing within 15 judicial days from the date of the order of the court directing such detention.
(Added by Stats. 1976, Ch. 1068.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 8 - Dependent Children Commencement of Proceedings › Section 338.

338. In addition to the notice provided in Sections 290.1 and 290.2 the juvenile court may issue its citation directing any parent or guardian of the person concerning whom a petition has been filed to appear at the time and place set for any hearing or financial evaluation under the provisions of this chapter, including a hearing under the provisions of Section 257, and directing any person having custody or control of the minor concerning whom the petition has been filed to bring such minor with him or her. The notice shall in addition state that a parent or guardian may be required to participate in a counseling program with the minor concerning whom the petition has been filed. Personal service of such citation shall be made at least 24 hours before the time stated therein for that appearance.
(Amended by Stats. 2002, Ch. 416, Sec. 7. Effective January 1, 2003.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 8 - Dependent Children Commencement of Proceedings › Section 339.

339. In case such citation cannot be served, or the person served fails to obey it, or in any case in which it appears to the court that the citation will probably be ineffective, a warrant of arrest may issue on the order of the court either against the parent, or guardian, or the person having the custody of the minor, or with whom the minor is living.
(Added by Stats. 1976, Ch. 1068.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 8 - Dependent Children Commencement of Proceedings › Section 340.

340. (a) Whenever a petition has been filed in the juvenile court alleging that a minor comes within Section 300 and praying for a hearing on that petition, or whenever any subsequent petition has been filed praying for a hearing in the matter of the minor and it appears to the court that the circumstances of his or her home environment may endanger the health, person, or welfare of the minor, or whenever a dependent minor has run away from his or her court-ordered placement, a protective custody warrant may be issued immediately for the minor.
(b) A protective custody warrant may be issued without filing a petition under Section 300 if the court finds probable cause to support all of the following:
(1) The child is a person described in Section 300.
(2) There is a substantial danger to the safety or to the physical or emotional health of the child.
(3) There are no reasonable means to protect the child’s safety or physical health without removal.
(c) Any child taken into protective custody pursuant to this section shall immediately be delivered to the social worker who shall investigate, pursuant to Section 309, the facts and circumstances of the child and the facts surrounding the child being taken into custody and attempt to maintain the child with the child’s family through the provision of services.
(d) (1) Nothing in this section is intended to limit any other circumstance that permits a magistrate to issue a warrant for a person.
(2) Nothing in this section is intended to limit a social worker from taking into and maintaining temporary custody of a minor pursuant to paragraph (2) of subdivision (a) of Section 306.
(Amended by Stats. 2017, Ch. 262, Sec. 1. (AB 1401) Effective January 1, 2018.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 8 - Dependent Children Commencement of Proceedings › Section 340.5.

340.5. (a) Whenever pursuant to Article 10 (commencing with Section 360) a social worker is assigned to provide child welfare services, family reunification services, or other services to a dependent child of the juvenile court, the juvenile court may, for good cause shown and after an ex parte hearing, issue its order restraining the parents of the dependent child from threatening the social worker, or any member of the social worker’s family, with physical harm.
(b) For purposes of this section, “good cause” means at least one threat of physical harm to the social worker, or any member of the social worker’s family, made by the person who is to be the subject of the restraining order, with the apparent ability to carry out the threat.
(c) Violation of a restraining order issued pursuant to this section shall be punishable as contempt.
(Added by Stats. 1991, Ch. 980, Sec. 1.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 8 - Dependent Children Commencement of Proceedings › Section 341.

341. Upon request of the social worker, district attorney, the child, or the child’s parent, guardian, or custodian, or on the court’s own motion, the court or the clerk of the court, or an attorney, pursuant to Section 1985 of the Code of Civil Procedure, shall issue subpoenas requiring attendance and testimony of witnesses and production of papers at any hearing regarding a child who is alleged or determined by the court to be a person described by Section 300. When a person attends a juvenile court hearing as a witness upon a subpoena, in its discretion, the court may by an order on its minutes, direct the county auditor to draw his or her warrant upon the county treasurer in favor of the witness for witness fees in the amount and manner prescribed by Section 68093 of the Government Code. The fees are county charges.
(Amended by Stats. 1998, Ch. 1054, Sec. 17. Effective January 1, 1999.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 8 - Dependent Children Commencement of Proceedings › Section 342.

342. (a) In any case in which a minor has been found to be a person described by Section 300 and the petitioner alleges new facts or circumstances, other than those under which the original petition was sustained, sufficient to state that the minor is a person described in Section 300, the petitioner shall file a subsequent petition. This section does not apply if the jurisdiction of the juvenile court has been terminated prior to the new allegations.
(b) Unless otherwise provided by law, all procedures and hearings required for an original petition are applicable to a subsequent petition filed under this section.
(Amended by Stats. 2017, Ch. 319, Sec. 129. (AB 976) Effective January 1, 2018.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 9 - Dependent Children Hearings › Section 345.

345. All cases under this chapter shall be heard at a special or separate session of the court, and no other matter shall be heard at such a session. No person on trial, awaiting trial, or under accusation of crime, other than a parent, guardian, or relative of the minor, shall be permitted to be present at any such session, except as a witness.
Cases in which the minor is detained and the sole allegation is that the minor is a person described in Section 300 shall be granted precedence on the calendar of the court for the day on which the case is set for hearing.
(Amended by Stats. 1987, Ch. 1485, Sec. 31.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 9 - Dependent Children Hearings › Section 346.

346. Unless requested by a parent or guardian and consented to or requested by the minor concerning whom the petition has been filed, the public shall not be admitted to a juvenile court hearing. The judge or referee may nevertheless admit such persons as he deems to have a direct and legitimate interest in the particular case or the work of the court.
(Amended by Stats. 1982, Ch. 978, Sec. 15. Effective September 13, 1982.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 9 - Dependent Children Hearings › Section 347.

347. At any juvenile court hearing conducted by a juvenile court judge, an official court reporter shall, and at any such hearing conducted by a juvenile court referee, the official reporter, as directed by the court, may take down in shorthand all the testimony and all of the statements and remarks of the judge and all persons appearing at the hearing; and, if directed by the judge, or requested by the person on whose behalf the petition was brought, or by his parent or legal guardian, or the attorneys of such persons, he must, within such reasonable time after the hearing of the petition as the court may designate, write out the same or such specific portions thereof as may be requested in plain and legible longhand or by typewriter or other printing machine and certify to the same as being correctly reported and transcribed, and when directed by the court, file the same with the clerk of the court. Unless otherwise directed by the judge, the costs of writing out and transcribing all or any portion of the reporter’s shorthand notes shall be paid in advance at the rates fixed for transcriptions in a civil action by the person requesting the same.
(Added by Stats. 1976, Ch. 1068.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 9 - Dependent Children Hearings › Section 348.

348. The provisions of Chapter 8 (commencing with Section 469) of Title 6 of Part 2 of the Code of Civil Procedure relating to variance and amendment of pleadings in civil actions shall apply to petitions and proceedings under this chapter, to the same extent and with the same effect as if proceedings under this chapter were civil actions.
(Added by Stats. 1976, Ch. 1068.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 9 - Dependent Children Hearings › Section 349.

349. (a) A minor who is the subject of a juvenile court hearing, and any person entitled to notice of the hearing under Sections 290.1 and 290.2, is entitled to be present at the hearing.
(b) The minor and any person who is entitled to that notice has the right to be represented at the hearing by counsel of his or her own choice.
(c) If the minor is present at the hearing, the court shall inform the minor that he or she has the right to address the court and participate in the hearing and the court shall allow the minor, if the minor so desires, to address the court and participate in the hearing.
(d) If the minor is 10 years of age or older and he or she is not present at the hearing, the court shall determine whether the minor was properly notified of his or her right to attend the hearing and inquire whether the minor was given an opportunity to attend. If that minor was not properly notified or if he or she wished to be present and was not given an opportunity to be present, the court shall continue the hearing to allow the minor to be present unless the court finds that it is in the best interest of the minor not to continue the hearing. The court shall continue the hearing only for that period of time necessary to provide notice and secure the presence of the child. The court may issue any and all orders reasonably necessary to ensure that the child has an opportunity to attend.
(e) Nothing in this section shall prevent or limit any child’s right to attend or participate in the hearing.
(Amended by Stats. 2015, Ch. 36, Sec. 1. (AB 217) Effective January 1, 2016.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 9 - Dependent Children Hearings › Section 352.

352. (a) (1) Upon request of counsel for the parent, guardian, minor, or petitioner, the court may continue any hearing under this chapter beyond the time limit within which the hearing is otherwise required to be held, provided that a continuance shall not be granted that is contrary to the interest of the minor. In considering the minor’s interests, the court shall give substantial weight to a minor’s need for prompt resolution of his or her custody status, the need to provide children with stable environments, and the damage to a minor of prolonged temporary placements.
(2) Continuances shall be granted only upon a showing of good cause and only for that period of time shown to be necessary by the evidence presented at the hearing on the motion for the continuance. Neither a stipulation between counsel nor the convenience of the parties is in and of itself a good cause. Further, neither a pending criminal prosecution nor family law matter shall be considered in and of itself as good cause. Whenever any continuance is granted, the facts proven which require the continuance shall be entered upon the minutes of the court.
(3) In order to obtain a motion for a continuance of the hearing, written notice shall be filed at least two court days prior to the date set for hearing, together with affidavits or declarations detailing specific facts showing that a continuance is necessary, unless the court for good cause entertains an oral motion for continuance.
(b) Notwithstanding any other law, if a minor has been removed from the parents’ or guardians’ custody, a continuance shall not be granted that would result in the dispositional hearing, held pursuant to Section 361, being completed longer than 60 days, or 30 days in the case of an Indian child, after the hearing at which the minor was ordered removed or detained, unless the court finds that there are exceptional circumstances requiring a continuance. If the court knows or has reason to know that the child is an Indian child, the absence of the opinion of a qualified expert witness shall not, in and of itself, support a finding that exceptional circumstances exist. The facts supporting a continuance shall be entered upon the minutes of the court. The court shall not grant continuances that would cause the hearing pursuant to Section 361 to be completed more than six months after the hearing pursuant to Section 319.
(c) In any case in which the parent, guardian, or minor is represented by counsel and no objection is made to an order continuing any such hearing beyond the time limit within which the hearing is otherwise required to be held, the absence of such an objection shall be deemed a consent to the continuance. The consent does not affect the requirements of subdivision (a).
(Amended by Stats. 2018, Ch. 833, Sec. 25. (AB 3176) Effective January 1, 2019.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 9 - Dependent Children Hearings › Section 353.

353. At the beginning of the hearing on a petition filed pursuant to Article 8 (commencing with Section 325) of this chapter, the judge or clerk shall first read the petition to those present. Upon request of any parent, guardian, or adult relative, counsel for the minor, or the minor, if he or she is present, the judge shall explain any term of allegation contained therein and the nature of the hearing, its procedures, and possible consequences. The judge shall ascertain whether the parent, guardian, or adult relative and, when required by Section 317, the minor have been informed of their right to be represented by counsel, and if not, the judge shall advise those persons, if present, of the right to have counsel present and where applicable, of the right to appointed counsel. If such a person is unable to afford counsel and desires to be represented by counsel, the court shall appoint counsel in accordance with Section 317. The court shall continue the hearing for not to exceed seven days, as necessary to make an appointment of counsel, or to enable counsel to acquaint himself or herself with the case, or to determine whether the parent or guardian or adult relative is unable to afford counsel at his or her own expense, and shall continue the hearing as necessary to provide reasonable opportunity for the minor and the parent or guardian or adult relative to prepare for the hearing.
(Amended by Stats. 1989, Ch. 913, Sec. 7.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 9 - Dependent Children Hearings › Section 353.1.

353.1. (a) At the hearing on a petition filed pursuant to Article 8 (commencing with Section 325) of this chapter, any person adjudged a dependent child of the juvenile court shall be informed, both orally and in writing by the court as provided in subdivision (b), of both of the following:
(1) His or her rights pursuant to Section 388.
(2) The procedure for bringing a petition pursuant to Section 388, including the availability of all appropriate and necessary Judicial Council forms.
(b) Where the dependent child has attained the age of 12 years, the court shall directly inform the child as required by subdivision (a) in clear language appropriate for the child’s level of cognitive development. Where the dependent child is under the age of 12 years, the court shall inform the child as required by subdivision (a) through the child’s guardian ad litem or legal counsel.
(Amended by Stats. 1995, Ch. 91, Sec. 184. Effective January 1, 1996.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 9 - Dependent Children Hearings › Section 354.

354. Except where a minor is in custody, any hearing on a petition filed pursuant to Article 8 (commencing with Section 325) of this chapter may be continued by the court for not more than 10 days in addition to any other continuance authorized in this chapter whenever the court is satisfied that an unavailable and necessary witness will be available within such time. If the court knows or has reason to know that the child is an Indian child, the failure to retain in a timely manner the services of a qualified expert witness shall not, in and of itself, demonstrate that a necessary witness is unavailable.
(Amended by Stats. 2018, Ch. 833, Sec. 26. (AB 3176) Effective January 1, 2019.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 9 - Dependent Children Hearings › Section 355.1.

355.1. (a) Where the court finds, based upon competent professional evidence, that an injury, injuries, or detrimental condition sustained by a minor is of a nature as would ordinarily not be sustained except as the result of the unreasonable or neglectful acts or omissions of either parent, the guardian, or other person who has the care or custody of the minor, that finding shall be prima facie evidence that the minor is a person described by subdivision (a), (b), or (d) of Section 300.
(b) Proof that either parent, the guardian, or other person who has the care or custody of a minor who is the subject of a petition filed under Section 300 has physically abused, neglected, or cruelly treated another minor shall be admissible in evidence.
(c) The presumption created by subdivision (a) constitutes a presumption affecting the burden of producing evidence.
(d) Where the court finds that either a parent, a guardian, or any other person who resides with, or has the care or custody of, a minor who is currently the subject of the petition filed under Section 300 (1) has been previously convicted of sexual abuse as defined in Section 11165.1 of the Penal Code, (2) has been previously convicted of an act in another state that would constitute sexual abuse as defined in Section 11165.1 of the Penal Code if committed in this state, (3) has been found in a prior dependency hearing or similar proceeding in the corresponding court of another state to have committed an act of sexual abuse, or (4) is required, as the result of a felony conviction, to register as a sex offender pursuant to Section 290 of the Penal Code, that finding shall be prima facie evidence in any proceeding that the subject minor is a person described by subdivision (a), (b), (c), or (d) of Section 300 and is at substantial risk of abuse or neglect. The prima facie evidence constitutes a presumption affecting the burden of producing evidence.
(e) Where the court believes that a child has suffered criminal abuse or neglect, the court may direct a representative of the child protective agency to take action pursuant to subdivision (i) of Section 11166 of the Penal Code.
(f) Testimony by a parent, guardian, or other person who has the care or custody of the minor made the subject of a proceeding under Section 300 shall not be admissible as evidence in any other action or proceeding.
(Amended by Stats. 1999, Ch. 417, Sec. 2. Effective September 16, 1999.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 9 - Dependent Children Hearings › Section 356.

356. After hearing the evidence, the court shall make a finding, noted in the minutes of the court, whether or not the minor is a person described by Section 300 and the specific subdivisions of Section 300 under which the petition is sustained. If it finds that the minor is not such a person, it shall order that the petition be dismissed and the minor be discharged from any detention or restriction theretofore ordered. If the court finds that the minor is such a person, it shall make and enter its findings and order accordingly.
(Amended by Stats. 1986, Ch. 1122, Sec. 9.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 9 - Dependent Children Hearings › Section 356.5.

356.5. A child advocate appointed by the court to represent the interests of a dependent child in a proceeding under this chapter shall have the same duties and responsibilities as a guardian ad litem and shall be trained by and function under the auspices of a court appointed special advocate guardian ad litem program, formed and operating under the guidelines established by the National Court Appointed Special Advocate Association.
(Added by Stats. 1985, Ch. 1341, Sec. 2.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 9 - Dependent Children Hearings › Section 357.

357. Whenever the court, before or during the hearing on the petition, is of the opinion that the minor is mentally ill or if the court is in doubt concerning the mental health of any such person, the court may order that such person be held temporarily in the psychopathic ward of the county hospital or hospital whose services have been approved and/or contracted for by the department of health of the county, for observation and recommendation concerning the future care, supervision, and treatment of such person.
(Added by Stats. 1976, Ch. 1068.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 9 - Dependent Children Hearings › Section 358.2.

358.2. If the county has produced a summary report or an action plan of the child and family team meeting for use by the team members, a copy of that report or action plan with any necessary redactions made may be attached to the court report that is prepared pursuant to Section 358.1.
(Added by Stats. 2019, Ch. 780, Sec. 1. (AB 1068) Effective January 1, 2020.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 9 - Dependent Children Hearings › Section 359.

359. (a) Whenever a minor who appears to be a danger to himself or others as a result of the use of narcotics, as defined in Section 11019 of the Health and Safety Code, or a restricted dangerous drug (as defined in former Section 11901 of the Health and Safety Code), is brought before any judge of the juvenile court, the judge may continue the hearing and proceed pursuant to this section. The court may order the minor taken to a facility designated by the county and approved by the State Department of Health Care Services as a facility for 72-hour treatment and evaluation. Thereupon the provisions of Section 11922 of the Health and Safety Code shall apply, except that the professional person in charge of the facility shall make a written report to the court concerning the results of the evaluation of the minor.
(b) If the professional person in charge of the facility for 72-hour evaluation and treatment reports to the juvenile court that the minor is not a danger to himself or others as a result of the use of narcotics or restricted dangerous drugs or that the minor does not require 14-day intensive treatment, or if the minor has been certified for not more than 14 days of intensive treatment and the certification is terminated, the minor shall be released if the juvenile court proceedings have been dismissed; referred for further care and treatment on a voluntary basis, subject to the disposition of the juvenile court proceedings; or returned to the juvenile court, in which event the court shall proceed with the case pursuant to this chapter.
(c) Any expenditure for the evaluation or intensive treatment of a minor under this section shall be considered an expenditure made under Part 2 (commencing with Section 5600) of Division 5, and shall be reimbursed by the state as are other local expenditures pursuant to that part.
(Amended by Stats. 2013, Ch. 23, Sec. 27. (AB 82) Effective June 27, 2013.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 10 - Dependent Children Judgments and Orders › Section 361.1.

361.1. (a) If a child is removed from the physical custody of a parent or guardian on the ground that the child may come within the jurisdiction of the juvenile court pursuant to Section 300, the child shall be returned to the physical custody of that parent or guardian immediately after a finding by the juvenile court that the child is not a person described in Section 300, but, in any case, not more than two working days following the date of that finding, unless the parent or guardian and the agency with custody of the child agree to a later date for the child’s release. Nothing in this section shall affect a parent or guardian’s remedies when a child is not returned immediately, as those remedies existed prior to enactment of this section.
(b) The Judicial Council shall adopt a rule of court to ensure proper notice to a parent or guardian regarding the circumstances and the timeframe in which a child is required to be released from custody pursuant to this section.
(Added by Stats. 2003, Ch. 306, Sec. 1. Effective January 1, 2004.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 10 - Dependent Children Judgments and Orders › Section 361.21.

361.21. (a) The court shall not order or approve the placement of a child or nonminor dependent in an out-of-state residential facility, as defined in subdivision (b) of Section 7910 of the Family Code, unless the court finds, in its order of placement and based on evidence presented by the county placing agency, that all of the following conditions have been met:
(1) The out-of-state group home is licensed or certified for the placement of children by an agency of the state in which the child or nonminor dependent will be placed.
(2) The out-of-state residential facility has been certified by the State Department of Social Services or is exempt from that certification, pursuant to Section 7911.1 of the Family Code.
(3) On and after July 1, 2021, the county placing agency has fulfilled its responsibilities as set forth in Sections 4096 and 16010.9.
(4) The court has reviewed the documentation of any required assessment, technical assistance efforts, or recommendations and finds that in-state facilities or programs are unavailable or inadequate to meet the needs of the child or nonminor dependent.
(b) At least every six months, the court shall review each placement made pursuant to subdivision (a) in order to determine compliance with that subdivision.
(c) A county shall not be entitled to receive or expend any public funds for the placement of a child or nonminor dependent in an out-of-state residential facility unless the requirements of subdivisions (a) and (b) are met.
(d) Notwithstanding any other law, on and after July 1, 2022, the court shall not order or approve any new placement of a child by a county child welfare agency in an out-of-state residential facility, as defined in subdivision (b) of Section 7910 of the Family Code, except for placements described in subdivision (h) of Section 7911.1 of the Family Code.
(e) Notwithstanding any other law, the court shall order any child placed out of state by a county child welfare agency in an out-of-state residential facility, as defined in subdivision (b) of Section 7910 of the Family Code, to be returned to California no later than January 1, 2023, except for placements described in subdivision (h) of Section 7911.1 of the Family Code.
(Amended by Stats. 2021, Ch. 86, Sec. 19. (AB 153) Effective July 16, 2021.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 10 - Dependent Children Judgments and Orders › Section 361.49.

361.49. Regardless of his or her age, a child shall be deemed to have entered foster care on the earlier of the date of the jurisdictional hearing held pursuant to Section 356 or the date that is 60 days after the date on which the child was initially removed from the physical custody of his or her parent or guardian.
(Added by Stats. 2009, Ch. 120, Sec. 1. Effective August 6, 2009.)