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 5.5 - Notices in Dependent Child Proceedings › Section 297.

297. (a) (1) A subsequent petition filed pursuant to Section 342 shall be noticed pursuant to Sections 290.1 and 290.2, except that service may be delivered by electronic service pursuant to Section 212.5.
(2) If it is known or there is reason to know that the child is an Indian child, as defined by Section 224.1, notice of the adjudication and disposition hearings on the subsequent petition shall be given in accordance with Section 224.3.
(b) (1) Upon the filing of a supplemental petition pursuant to Section 387, the clerk of the juvenile court shall immediately set the matter for hearing within 30 days of the date of the filing, and the social worker or probation officer shall cause notice thereof to be served upon the persons required by, and in the manner prescribed by, Sections 290.1, 290.2, and 291, except that service may be delivered by electronic service pursuant to Section 212.5.
(2) If it is known or there is reason to know that the child is an Indian child, as defined by Section 224.1, notice of the adjudication and disposition hearings on the supplemental petition shall be given in accordance with Section 224.3.
(c) (1) If a petition for modification has been filed pursuant to Section 388, and it appears that the best interest of the child may be promoted by the proposed change of the order, the recognition of a sibling relationship, or the termination of jurisdiction, the court shall order that a hearing be held and shall give prior notice, or cause prior notice to be given, to the social worker or probation officer and to the child’s attorney of record, or if there is no attorney of record for the child, to the child, his or her parent or parents or legal guardian or guardians or Indian custodian, and the child’s tribe in the manner prescribed by Section 291 unless a different manner is prescribed by the court.
(2) If it is known or there is reason to know that the child is an Indian child, as defined by Section 224.1, and the hearing on the petition for modification pursuant to Section 388 may culminate in an order for foster care placement, termination of parental rights, preadoptive placement, or adoptive placement, notice shall be given in accordance with Section 224.3.
(d) On and after January 1, 2012, if a petition for modification has been filed pursuant to subdivision (e) of Section 388 by a nonminor dependent, as described in subdivision (v) of Section 11400, no notice is required for a parent.
(Amended by Stats. 2018, Ch. 833, Sec. 16. (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 6 - Dependent Children Jurisdiction › Section 300.1.

300.1. Notwithstanding subdivision (e) of Section 361 and Section 16507, family reunification services shall not be provided to a child adjudged a dependent pursuant to subdivision (h) of Section 300.
(Amended by Stats. 1998, Ch. 1054, Sec. 3. 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 6 - Dependent Children Jurisdiction › Section 300.2.

300.2. (a) Notwithstanding any other provision of law, the purpose of the provisions of this chapter relating to dependent children is to provide maximum safety and protection for children who are currently being physically, sexually, or emotionally abused, being neglected, or being exploited, and to ensure the safety, protection, and physical and emotional well-being of children who are at risk of that harm. This safety, protection, and physical and emotional well-being may include provision of a full array of social and health services to help the child and family and to prevent reabuse of children. The focus shall be on the preservation of the family as well as the safety, protection, and physical and emotional well-being of the child. The provision of a home environment free from the negative effects of substance abuse is a necessary condition for the safety, protection and physical and emotional well-being of the child. Successful participation in a treatment program for substance abuse may be considered in evaluating the home environment. In addition, the provisions of this chapter ensuring the confidentiality of proceedings and records are intended to protect the privacy rights of the child.
(b) It is the intent of the Legislature that families should not be subject to the jurisdiction of the juvenile court nor should children be separated from their parents based on conditions of financial difficulty, including, but not limited to, a lack of food, clothing, shelter or childcare. Reasonable services to prevent juvenile court intervention or children being separated from their parents include services to alleviate a potential risk to a child based on conditions of financial difficulty, including, but not limited to, referrals to community-based organizations. Consistent with existing law, no family should be subject to the jurisdiction of the juvenile court nor should children be separated from their parents based on conditions of financial difficulty unless there is willful or negligent action or failure to act and a nexus to harm such that the child has suffered or there is a substantial risk the child will suffer serious physical harm or illness.
(Amended by Stats. 2022, Ch. 832, Sec. 2. (SB 1085) 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 6 - Dependent Children Jurisdiction › Section 300.3.

300.3. (a) Notwithstanding Section 215 or 272, or any other provision of law, a child or nonminor whose jurisdiction is modified pursuant to subdivision (b) of Section 607.2 or subdivision (i) of Section 727.2 and who is placed in foster care may be supervised by the probation department of the county in which the court with jurisdiction over the dependent is located, if the county protocol in that county requires it. In those counties, all case management, case plan review, and reporting functions as described in Sections 671 and 675 of Title 42 of the United States Code and contained in this article shall be performed by the probation officer for these dependents.
(b) This section shall become operative on January 1, 2012.
(Amended by Stats. 2011, Ch. 459, Sec. 6. (AB 212) Effective October 4, 2011. Section initially operative January 1, 2012, by its own provisions.)
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 6 - Dependent Children Jurisdiction › Section 300.5.

300.5. In any case in which a child is alleged to come within the provisions of Section 300 on the basis that he or she is in need of medical care, the court, in making that finding, shall give consideration to any treatment being provided to the child by spiritual means through prayer alone in accordance with the tenets and practices of a recognized church or religious denomination by an accredited practitioner thereof.
(Amended by Stats. 1998, Ch. 1054, Sec. 4. 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 6 - Dependent Children Jurisdiction › Section 301.

301. (a) In any case in which a social worker, after investigation of an application for petition or other investigation he or she is authorized to make, determines that a child is within the jurisdiction of the juvenile court or will probably soon be within that jurisdiction, the social worker may, in lieu of filing a petition or subsequent to dismissal of a petition already filed, and with consent of the child’s parent or guardian, undertake a program of supervision of the child. If a program of supervision is undertaken, the social worker shall attempt to ameliorate the situation that brings the child within, or creates the probability that the child will be within, the jurisdiction of Section 300 by providing or arranging to contract for all appropriate child welfare services pursuant to Sections 16506 and 16507.3, within the time periods specified in those sections. No further child welfare services shall be provided subsequent to these time limits. If the family has refused to cooperate with the services being provided, the social worker may file a petition with the juvenile court pursuant to Section 332. Nothing in this section shall be construed to prevent the social worker from filing a petition pursuant to Section 332 when otherwise authorized by law.
(b) The program of supervision of the child undertaken pursuant to this section may call for the child to obtain care and treatment for the misuse of, or addiction to, controlled substances from a county mental health service or other appropriate community agency.
(c) If the parent is a dependent, nonminor dependent, or ward of the juvenile court at the time that a social worker seeks to undertake a program of supervision pursuant to subdivision (a), including a voluntary family reunification program or a voluntary family maintenance program, and if counsel has been appointed for the parent pursuant to subdivision (c) of Section 317, the program of supervision shall not be undertaken until the parent has consulted with his or her counsel. In cases when a ward is not represented by counsel appointed in a dependency proceeding pursuant to subdivision (c) of Section 317, he or she shall be given the opportunity to confer with counsel appointed in the wardship proceeding pursuant to Section 634 or by counsel retained to represent the ward in the wardship proceeding.
(Amended by Stats. 2017, Ch. 666, Sec. 1. (AB 1371) 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 6 - Dependent Children Jurisdiction › Section 302.

302. (a) A juvenile court may assume jurisdiction over a child described in Section 300 regardless of whether the child was in the physical custody of both parents or was in the sole legal or physical custody of only one parent at the time that the events or conditions occurred that brought the child within the jurisdiction of the court.
(b) Unless their parental rights have been terminated, both parents shall be notified of all proceedings involving the child. In any case where the social worker is required to provide a parent or guardian with notice of a proceeding at which the social worker intends to present a report, the social worker shall also provide both parents, whether custodial or noncustodial, or any guardian, or the counsel for the parent or guardian a copy of the report prior to the hearing, by personal service, by first-class mail, or by electronic service pursuant to Section 212.5. The social worker shall not charge any fee for providing a copy of a report required by this subdivision. The social worker shall keep confidential the address of any parent who is known to be the victim of domestic violence.
(c) When a child is adjudged a dependent of the juvenile court, any issues regarding custodial rights between his or her parents shall be determined solely by the juvenile court, as specified in Sections 304, 361.2, and 362.4, so long as the child remains a dependent of the juvenile court.
(d) Any custody or visitation order issued by the juvenile court at the time the juvenile court terminates its jurisdiction pursuant to Section 362.4 regarding a child who has been previously adjudged to be a dependent child of the juvenile court shall be a final judgment and shall remain in effect after that jurisdiction is terminated. The order shall not be modified in a proceeding or action described in Section 3021 of the Family Code unless the court finds that there has been a significant change of circumstances since the juvenile court issued the order and modification of the order is in the best interests of the child.
(Amended by Stats. 2017, Ch. 319, Sec. 126. (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 6 - Dependent Children Jurisdiction › Section 304.

304. After a petition has been filed pursuant to Section 311, and until the time that the petition is dismissed or dependency is terminated, no other division of any superior court may hear proceedings pursuant to Part 2 (commencing with Section 3020) of Division 8 of the Family Code regarding the custody of the child or proceedings under Part 2 (commencing with Section 1500) of Division 4 of the Probate Code, except as otherwise authorized in this code, regarding the establishment of a guardianship for the child. While the child is under the jurisdiction of the juvenile court all issues regarding his or her custody shall be heard by the juvenile court. In deciding issues between the parents or between a parent and a guardian regarding custody of a child who has been adjudicated a dependent of the juvenile court, the juvenile court may review any records that would be available to the domestic relations division of a superior court hearing that matter. The juvenile court, on its own motion, may issue an order as provided for in Section 213.5, or as described in Section 6218 of the Family Code. The Judicial Council shall adopt forms for these restraining orders. These form orders shall not be confidential and shall be enforceable in the same manner as any other order issued pursuant to Division 10 (commencing with Section 6200) of the Family Code.
This section shall not be construed to divest the domestic relations division of a superior court from hearing any issues regarding the custody of a child when that child is no longer a dependent of the juvenile court.
(Amended by Stats. 1998, Ch. 1054, Sec. 7. 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 6 - Dependent Children Jurisdiction › Section 304.7.

304.7. (a) The Judicial Council shall develop and implement standards for the education and training of all judges who conduct hearings pursuant to Section 300. The training shall include, but not be limited to, all of the following:
(1) A component relating to Section 300 proceedings for newly appointed or elected judges and an annual training session in Section 300 proceedings.
(2) Cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth.
(3) The information described in subdivision (d) of Section 16501.4.
(4) The information described in subdivision (i) of Section 16521.5.
(b) A commissioner or referee who is assigned to conduct hearings held pursuant to Section 300 shall meet the minimum standards for education and training established pursuant to subdivision (a), by July 31, 1998.
(c) The Judicial Council shall submit an annual report to the Legislature on compliance by judges, commissioners, and referees with the education and training standards described in subdivisions (a) and (b).
(Amended by Stats. 2017, Ch. 24, Sec. 10. (SB 89) Effective June 27, 2017.)
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 305.

305. Any peace officer may, without a warrant, take into temporary custody a minor:
(a) When the officer has reasonable cause for believing that the minor is a person described in Section 300, and, in addition, that the minor has an immediate need for medical care, or the minor is in immediate danger of physical or sexual abuse, or the physical environment or the fact that the child is left unattended poses an immediate threat to the child’s health or safety. In cases in which the child is left unattended, the peace officer shall first attempt to contact the child’s parent or guardian to determine if the parent or guardian is able to assume custody of the child. If the parent or guardian cannot be contacted, the peace officer shall notify a social worker in the county welfare department to assume custody of the child.
(b) Who is in a hospital and release of the minor to a parent poses an immediate danger to the child’s health or safety.
(c) Who is a dependent child of the juvenile court, or concerning whom an order has been made under Section 319, when the officer has reasonable cause for believing that the minor has violated an order of the juvenile court or has left any placement ordered by the juvenile court.
(d) Who is found in any street or public place suffering from any sickness or injury which requires care, medical treatment, hospitalization, or other remedial care.
(Amended by Stats. 1988, Ch. 1075, 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 7 - Dependent Children Temporary Custody and Detention › Section 306.5.

306.5. In any case in which a social worker takes a minor into custody pursuant to Section 306, the social worker shall, to the extent that it is practical and appropriate, place the minor together with any siblings or half-siblings who are also detained or include in the report prepared pursuant to Section 319 a statement of his or her continuing efforts to place the siblings together or why those efforts are not appropriate.
(Added by Stats. 2001, Ch. 747, Sec. 1. Effective January 1, 2002.)
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 306.6.

306.6. (a) In a dependency proceeding involving a child who would otherwise be an Indian child, based on the definition contained in paragraph (4) of Section 1903 of the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), but is not an Indian child based on status of the child’s tribe, as defined in paragraph (8) of Section 1903 of the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), the court may permit the tribe from which the child is descended to participate in the proceeding upon request of the tribe.
(b) If the court permits a tribe to participate in a proceeding, the tribe may do all of the following, upon consent of the court:
(1) Be present at the hearing.
(2) Address the court.
(3) Request and receive notice of hearings.
(4) Request to examine court documents relating to the proceeding.
(5) Present information to the court that is relevant to the proceeding.
(6) Submit written reports and recommendations to the court.
(7) Perform other duties and responsibilities as requested or approved by the court.
(c) If more than one tribe requests to participate in a proceeding under subdivision (a), the court may limit participation to the tribe with which the child has the most significant contacts, as determined in accordance with paragraph (2) of subdivision (d) of Section 170 of the Family Code.
(d) This section is intended to assist the court in making decisions that are in the best interest of the child by permitting a tribe in the circumstances set out in subdivision (a) to inform the court and parties to the proceeding about placement options for the child within the child’s extended family or the tribal community, services and programs available to the child and the child’s parents as Indians, and other unique interests the child or the child’s parents may have as Indians. This section shall not be construed to make the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), or any state law implementing the Indian Child Welfare Act, applicable to the proceedings, or to limit the court’s discretion to permit other interested persons to participate in these or any other proceedings.
(e) The court shall, on a case-by-case basis, make a determination if this section is applicable and may request information from the tribe, or the entity claiming to be a tribe, from which the child is descended for the purposes of making this determination, if the child would otherwise be an Indian child pursuant to subdivision (a).
(Added by Stats. 2006, Ch. 838, Sec. 45. Effective January 1, 2007.)
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 307.

307. A peace officer or probation officer who takes a minor into temporary custody under the provisions of Section 305 shall thereafter proceed as follows:
(a) The officer may release the minor.
(b) The officer may prepare in duplicate a written notice for the parent or parents of the minor to appear with the minor before the probation officer of the county in which the minor was taken into custody at a time and place specified in the notice. The notice shall also contain a concise statement of the reasons the minor was taken into custody. The officer shall deliver one copy of the notice to the minor and a parent, guardian, or responsible relative of the minor and may require the minor and the parent, guardian, or relative to sign a written promise that he or she shall appear at the time and place designated in the notice. Upon the execution of the promise to appear, the officer shall immediately release the minor. The officer shall, as soon as practicable, file one copy of the notice with the probation officer.
(c) The officer may take the minor without unnecessary delay before the probation officer of the county in which the minor was taken into custody, or in which the minor resides, or in which the acts take place or the circumstances exist which are alleged to bring the minor within the provisions of Section 300, and deliver the minor into the custody of the probation officer.
In determining which disposition of the minor shall be made, the officer shall give preference to the alternative which least interferes with the parents’ or guardians’ custody of the minor if this alternative is compatible with the safety of the minor. The officer shall also consider the needs of the minor for the least restrictive environment and the protective needs of the community.
(Amended by Stats. 1982, Ch. 978, Sec. 5. 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 7 - Dependent Children Temporary Custody and Detention › Section 307.4.

307.4. (a) Any peace officer, probation officer, or social worker who takes into temporary custody pursuant to Sections 305 to 307, inclusive, a minor who comes within the description of Section 300 shall immediately inform, through the most efficient means available, the parent, guardian, or responsible relative, that the minor has been taken into protective custody and that a written statement is available which explains the parent’s or guardian’s procedural rights and the preliminary stages of the dependency investigation and hearing. The Judicial Council shall, in consultation with the County Welfare Directors Association of California, adopt a form for the written statement, which shall be in simple language and shall be printed and distributed by the county. The written statement shall be made available for distribution through all public schools, probation offices, and appropriate welfare offices. It shall include, but is not limited to, the following information:
(1) The conditions under which the minor will be released, hearings which may be required, and the means whereby further specific information about the minor’s case and conditions of confinement may be obtained.
(2) The rights to counsel, privileges against self-incrimination, and rights to appeal possessed by the minor, and his or her parents, guardians, or responsible relative.
(b) If a good faith attempt was made at notification, the failure on the part of the peace officer, probation officer, or social worker to notify the parent or guardian that the written information required by subdivision (a) is available shall be considered to be due to circumstances beyond the control of the peace officer, probation officer, or social worker, and shall not be construed to permit a new defense to any juvenile or judicial proceeding or to interfere with any rights, procedures, or investigations accorded under any other law.
(Added by Stats. 1986, Ch. 386, 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 7 - Dependent Children Temporary Custody and Detention › Section 307.5.

307.5. Notwithstanding the provisions of Section 307, an officer who takes a minor suspected of being a person described in Section 300 into temporary custody pursuant to subdivision (a) of Section 305 may, in a case where he or she deems that it is in the best interest of the minor and the public, take the minor to a community service program for abused or neglected children. Organizations or programs receiving referrals pursuant to this section shall have a contract or an agreement with the county to provide shelter care or counseling. Employees of a program receiving referrals pursuant to this section are “child care custodians” for the purpose of the requirements of Section 11165.7 of the Penal Code. The receiving organization shall take immediate steps to notify the minor’s parent, guardian, or a responsible relative of the place to which the minor was taken.
(Amended by Stats. 1989, Ch. 913, Sec. 5.)
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 308.

308. (a) When a peace officer or social worker takes a minor into custody pursuant to this article, he or she shall take immediate steps to notify the minor’s parent, guardian, or a responsible relative that the minor is in custody and that the child has been placed in a facility authorized by law to care for the child, and shall provide a telephone number at which the minor may be contacted. The confidentiality of the address of any licensed foster family home in which the child has been placed shall be maintained until the dispositional hearing, at which time the judge may authorize, upon a finding of good cause, the disclosure of the address. However, the court may order the release of the address of the licensed foster family home to the minor’s parent, guardian, or responsible relative upon notification of the licensed foster family home in cases where a petition to challenge jurisdiction or other motion to delay the dispositional hearing beyond 60 days after the hearing at which the minor was ordered removed or detained, pursuant to subdivision (b) of Section 352, is granted. Moreover, a foster parent may authorize the release of the address of the foster family home at any time during the placement. The county welfare department shall make a diligent and reasonable effort to ensure regular telephone contact between the parent and a child of any age, prior to the detention hearing, unless that contact would be detrimental to the child. The initial telephone contact shall take place as soon as practicable, but no later than five hours after the child is taken into custody.
(b) Immediately after being taken to a place of confinement pursuant to this article and, except where physically impossible, no later than one hour after he or she has been taken into custody, a minor 10 years of age or older shall be advised that he or she has the right to make at least two telephone calls from the place where he or she is being held, one call completed to his or her parent, guardian, or a responsible relative, and another call completed to an attorney. The calls shall be at public expense, if the calls are completed to telephone numbers within the local calling area, and in the presence of a public officer or employee. Any public officer or employee who willfully deprives a minor taken into custody of his or her right to make these telephone calls is guilty of a misdemeanor.
(Amended by Stats. 1996, Ch. 275, Sec. 1. Effective January 1, 1997.)
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 310.

310. As a condition for the release of such minor, the probation officer may require such minor or his parent, guardian, or relative, or both, to sign a written promise that either or both of them will appear before the probation officer at a suitable place designated by the probation officer at a specified time.
(Added by Stats. 1978, Ch. 1168.)
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 311.

311. (a) If the probation officer determines that the minor shall be retained in custody, he or she shall immediately file a petition pursuant to Section 332 with the clerk of the juvenile court who shall set the matter for hearing on the detention hearing calendar.
(b) In the hearing, the child, parents, or guardians have a privilege against self-incrimination and have a right to confrontation by, and cross-examination of, any person examined by the court as provided in Section 319.
(Amended by Stats. 2002, Ch. 416, Sec. 2. 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 7 - Dependent Children Temporary Custody and Detention › Section 313.

313. (a) Whenever a minor is taken into custody by a peace officer or probation officer, except when such minor willfully misrepresents himself as 18 or more years of age, such minor shall be released within 48 hours after having been taken into custody, excluding nonjudicial days, unless within said period of time a petition to declare him a dependent child has been filed pursuant to the provisions of this chapter.
(b) Whenever a minor who has been held in custody for more than six hours by the probation officer is subsequently released and no petition is filed, the probation officer shall prepare a written explanation of why the minor was held in custody for more than six hours. The written explanation shall be prepared within 72 hours after the minor is released from custody and filed in the record of the case. A copy of the written explanation shall be sent to the parents, guardian, or other person having care or custody of the minor.
(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 314.

314. When a minor willfully misrepresents himself to be 18 or more years of age when taken into custody by a peace officer or probation officer, and this misrepresentation effects a material delay in investigation which prevents the filing of a petition pursuant to the provisions of this chapter, such petition or complaint shall be filed within 48 hours from the time his true age is determined, excluding nonjudicial days. If, in such cases, the petition is not filed within the time prescribed by this section, the minor shall be immediately 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 315.

315. If a child has been taken into custody under this article and not released to a parent or guardian, the juvenile court shall hold a hearing (which shall be referred to as a “detention hearing”) to determine whether the child shall be further detained. This hearing shall be held as soon as possible, but not later than the expiration of the next judicial day after a petition to declare the child a dependent child has been filed. If the hearing is not held within the period prescribed by this section, the child shall be released from custody. In the case of an Indian child, the hearing pursuant to Section 319 shall be considered an emergency removal under Section 1922 of the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1922).
(Amended by Stats. 2018, Ch. 833, Sec. 21. (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 7 - Dependent Children Temporary Custody and Detention › Section 316.

316. Upon his or her appearance before the court at the detention hearing, each parent or guardian and the minor, if present, shall first be informed of the reasons why the minor was taken into custody, the nature of the juvenile court proceedings, and the right of each parent or guardian and any minor to be represented at every stage of the proceedings by counsel.
(Repealed and added by Stats. 1987, Ch. 1485, Sec. 19.)
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 316.1.

316.1. (a) Upon his or her appearance before the court, each parent or guardian shall designate for the court his or her permanent mailing address. The court shall advise each parent or guardian that the designated mailing address will be used by the court and the social services agency for notice purposes unless and until the parent or guardian notifies the court or the social services agency of a new mailing address in writing.
(b) Upon his or her appearance before the court, each party who consents to electronic service pursuant to Section 212.5 shall designate for the court his or her electronic service address. The court shall advise each party that the electronic service address will be used by the court and the social services agency for purposes of providing notice pursuant to Sections 291, 292, 293, 294, 295, 297, and 342, unless and until the party notifies the court or the social services agency of a new electronic service address in writing or unless the party withdraws consent to electronic service.
(c) A party’s decision not to consent to electronic service and designate an electronic service address, as authorized in subdivision (b), does not preclude the use of electronic means to send information regarding the date, time, and place of a juvenile court hearing, provided that the confidentiality requirement of paragraph (7) of subdivision (a) of Section 212.5 is met. The party does not need to designate an electronic service address in order for the information to be provided electronically. However, information shared, as described in this subdivision, shall only be in addition to, and not in lieu of, any required service or notification made in accordance with any other law governing how that service or notification is provided.
(Amended by Stats. 2018, Ch. 910, Sec. 22. (AB 1930) 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 7 - Dependent Children Temporary Custody and Detention › Section 317.5.

317.5. (a) All parties who are represented by counsel at dependency proceedings shall be entitled to competent counsel.
(b) Each minor who is the subject of a dependency proceeding is a party to that proceeding.
(Added by Stats. 1994, Ch. 1073, Sec. 1. Effective January 1, 1995.)
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 317.6.

317.6. (a) On or before January 1, 1996, the Judicial Council shall, after consulting with representatives from the State Bar of California, county counsels, district attorneys, public defenders, county welfare directors, and children’s advocacy groups, adopt rules of court regarding the appointment of competent counsel in dependency proceedings, including, but not limited to, the following:
(1) The screening and appointment of competent counsel.
(2) Establishing minimum standards of experience and education necessary to qualify as competent counsel to represent a party in dependency proceedings.
(3) Procedures for handling client complaints regarding attorney performance, including measures to inform clients of the complaint process.
(4) Procedures for informing the court of any interests of the minor that may need to be protected in other proceedings.
(b) On or before July 1, 1996, each superior court shall, after consulting with representatives from the State Bar of California and the local offices of the county counsel, district attorney, public defender, county welfare department, and children’s advocacy groups, adopt local rules of court regarding the conduct of dependency proceedings that address items such as procedures and timeframes for the presentation of contested issues and witness lists to eliminate unnecessary delays in dependency hearings.
(Amended by Stats. 1995, Ch. 91, Sec. 183. 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 7 - Dependent Children Temporary Custody and Detention › Section 318.

318. If a district attorney has represented a minor in a dependency proceeding, that district attorney shall not appear, on behalf of the people of the State of California, in any juvenile court hearing which is based upon a petition that alleges that the same minor is a person within the description of Section 602.
Records kept by the district attorney in the course of representation of a minor described in Section 300 are confidential and shall be held separately, and shall not be inspected by members of the district attorney’s office not directly involved in the representation of that minor. A district attorney who represents or who has represented a minor in a proceeding brought pursuant to Section 300 shall not discuss the substance of that case with a district attorney representing the people pursuant to Section 681 in a proceeding brought pursuant to Section 602 in which that same minor is the subject of the petition.
(Added by Stats. 1992, Ch. 1327, Sec. 1. Effective January 1, 1993.)
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 318.5.

318.5. In a juvenile court hearing, where the parent or guardian is represented by counsel, the county counsel or district attorney shall, at the request of the juvenile court judge, appear and participate in the hearing to represent the petitioner.
(Added by renumbering Section 318 (as added by Stats. 1986, Ch. 1122) by Stats. 1987, Ch. 56, Sec. 181.)
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 319.1.

319.1. When the court finds a minor to be a person described by Section 300, and believes that the minor may need specialized mental health treatment while the minor is unable to reside in his or her natural home, the court shall notify the director of the county mental health department in the county where the minor resides. The county mental health department shall perform the duties required under Section 5694.7 for all those minors.
Nothing in this section shall restrict the provisions of emergency psychiatric services to those minors who are involved in dependency cases and have not yet reached the point of adjudication or disposition, nor shall it operate to restrict evaluations at an earlier stage of the proceedings or to restrict orders removing the minor from a detention facility for psychiatric treatment.
(Amended by Stats. 2001, Ch. 854, Sec. 70. Effective January 1, 2002.)
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 319.2.

319.2. Notwithstanding Section 319, when a child under the age of six years is not released from the custody of the court, the child may be placed in a community care facility licensed as a group home for children or in a temporary shelter care facility, as defined in Section 1530.8 of the Health and Safety Code, only when the court finds that placement is necessary to secure a complete and adequate evaluation, including placement planning and transition time. The placement period shall not exceed 60 days unless a case plan has been developed and the need for additional time is documented in the case plan and has been approved by the deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department.
(Amended by Stats. 2013, Ch. 21, Sec. 7. (AB 74) 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 7 - Dependent Children Temporary Custody and Detention › Section 319.3.

319.3. (a) Notwithstanding Section 319, a child who is the subject of a petition under Section 300 and who is 6 to 12 years of age, inclusive, may be placed in a community care facility licensed as a group home for children, a short-term residential therapeutic program, a community treatment facility, or a temporary shelter care facility, as defined in Section 1530.8 of the Health and Safety Code, only when the court finds that placement is necessary to secure a complete and adequate evaluation, including placement planning and transition time. The placement period in a group home for children, a short-term residential therapeutic program, or a community treatment facility shall not exceed 60 days unless a case plan has been developed and the need for additional time is documented in the case plan and has been approved by a deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department. The placement period in a temporary shelter care facility shall not exceed 10 days.
(b) For a placement made on or after October 1, 2021, each placement of a child in a short-term residential therapeutic program pursuant to this section shall comply with the requirements of Section 4096 and be reviewed by the court pursuant to Section 361.22.
(c) For a placement made on or after July 1, 2022, each placement of a child in a community treatment facility pursuant to this section shall comply with the requirements of Section 4096 and be reviewed by the court pursuant to Section 361.22.
(Amended by Stats. 2022, Ch. 50, Sec. 15. (SB 187) Effective June 30, 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 7 - Dependent Children Temporary Custody and Detention › Section 319.4.

319.4. If it is known or if there is reason to know the child is an Indian child, and the child has been ordered detained pursuant to Section 319, any party may request an ex parte hearing prior to disposition to present evidence to the court that the emergency placement is no longer necessary to prevent imminent physical damage or harm to the child. If the court determines placement is no longer necessary, it shall order the child returned to the physical custody of the parent or parents or Indian custodian. The Judicial Council shall develop a rule of court and forms for implementation of this section.
(Added by Stats. 2018, Ch. 833, Sec. 23. (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 7 - Dependent Children Temporary Custody and Detention › Section 321.

321. When a hearing is held under the provisions of this article and no parent or guardian of the minor is present and no parent or guardian has had actual notice of the hearing, a parent or guardian of the minor may file an affidavit setting forth the facts with the clerk of the juvenile court and the clerk shall immediately set the matter for rehearing at a time within 24 hours, excluding Sundays and nonjudicial days from the filing of the affidavit. Upon the rehearing, the court shall proceed in the same manner as upon the original hearing.
If the minor, a parent or guardian or the minor’s attorney or guardian ad litem, if either one or the other has been appointed by the court, requests evidence of the prima facie case, a rehearing shall be held within three judicial days to consider evidence of the prima facie case. If the prima facie case is not established, the minor shall be released from detention.
In lieu of a requested rehearing, the court may set the matter for trial within 10 days.
When the court ascertains that the rehearing cannot be held within three judicial days because of the unavailability of a witness, a reasonable continuance may be granted for a period not to exceed five judicial days.
(Amended by Stats. 1984, Ch. 144, Sec. 216.)
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 322.

322. Upon motion of the minor or a parent or guardian of such minor, the court shall continue any hearing or rehearing held under the provisions of this article for one day, excluding Sundays and nonjudicial days.
(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 323.

323. Upon any hearing or rehearing under the provisions of this article, the court may order such minor or any parent or guardian of such minor who is present in court to again appear before the court, the probation officer or the county financial evaluation officer at a time and place specified in said order.
(Amended by Stats. 1985, Ch. 1485, Sec. 7.)