Rule 5.674 - Conduct of hearing; admission, no contest, submission(a) Admission, no contest, submission(1) At the initial hearing, whether or not the child is detained, the parent or guardian may admit the allegations of the petition, plead no contest, or submit the jurisdictional determination to the court based on the information provided to the court and waive further jurisdictional hearing.(2) If the court accepts an admission, a plea of no contest, or a submission from each parent and guardian with standing to participate as a party, the court must then proceed according to rules 5.682 and 5.686.(b) Detention hearing; general conduct (§ 319; 42 U.S.C., Section 600 et seq.) The court must read, consider, and reference any reports submitted by the social worker and any relevant evidence submitted by any party or counsel. All detention findings and orders must appear in the written orders of the court.
(2) The findings and orders that must be made on the record are: (A) Continuance in the home is contrary to the child's welfare;(B) Temporary placement and care are vested with the social services agency;(C) Reasonable efforts, or when it is known or there is reason to know the child is an Indian child, active efforts, have been made to prevent removal;(D) The findings and orders required to be made on the record under section 319; and(E) When it is known or there is reason to know the case involves an Indian child, that detention is necessary to prevent imminent physical damage or harm to the child, and there are no reasonable means by which the child can be protected if maintained in the physical custody of his or her parent or parents or Indian custodian. (Subd (b) amended effective January 1, 2016; adopted effective July 1, 2002; previously amended effective January 1, 2007.)
(c) Detention hearing; rights of child, parent, Indian custodian, or guardian (§§ 311, 319) At the detention hearing, the child, the parent, Indian custodian, and the guardian have the right to assert the privilege against self-incrimination and the right to confront and cross-examine:
(1) The preparer of a police report, probation or social worker report, or other document submitted to the court; and(2) Any person examined by the court under section 319. If the child, parent, Indian custodian, Indian child's tribe, or guardian asserts the right to cross-examine preparers of documents submitted for court consideration, the court may not consider any such report or document unless the preparer is made available for cross-examination. (Subd (c) amended and relettered effective January 1, 2017; adopted as subd (c); previously amended and relettered as subd (d) effective July 1, 2002; previously amended effective January 1, 2007.)
(d) No parent, Indian custodian, or Indian child's tribe or guardian present and not noticed (§321) If the court orders the child detained at the detention hearing and no parent, Indian custodian, or Indian child's tribe or guardian is present and no parent, Indian custodian, or Indian child's tribe or guardian has received actual notice of the detention hearing, a parent, Indian custodian, or Indian child's tribe or guardian may file an affidavit alleging the failure of notice and requesting a detention rehearing. The clerk must set the rehearing for a time within 24 hours of the filing of the affidavit, excluding noncourt days. At the rehearing the court must proceed under rules 5.670-5.678.
(Subd (d) adopted effective January 1, 2017.)
(e) Hearing for further evidence; prima facie case (§321) If the court orders the child detained, and the child, a parent, an Indian custodian, an Indian child's tribe, a guardian, or counsel requests that evidence of the prima facie case be presented, the court must set a prima facie hearing for a time within 3 court days to consider evidence of the prima facie case or set the matter for jurisdiction hearing within 10 court days. If at the hearing the petitioner fails to establish the prima facie case, the child must be released from custody.
(Subd (e) adopted effective January 1, 2017.)
Rule 5.674amended effective 1/1/2020; amended effective 1/1/2017; repealed and adopted as rule 1444 effective 1/1/1998; previously amended and renumbered as rule 5.674 effective 1/1/2007; previously amended effective 7/1/2002, and1/1/2016.