Cal. R. 5.682

As amended through July 24, 2024

Rule 5.682 - Commencement of jurisdiction hearing, advisement of trial rights; admission; no contest; submission

(a) Rights explained (§§ 341, 353, 361.1)

After giving the advisement required by rule 5.534, the court must advise the parent or guardian of the following rights:

(1) The right to a hearing by the court on the issues raised by the petition; and

(2) The right, if the child has been removed, to have the child returned to the parent or guardian within two working days after a finding by the court that the child does not come within the jurisdiction of the juvenile court under section 300, unless the parent or guardian and the child welfare agency agree that the child will be released on a later date.

(Subd (a) amended and relettered effective January 1, 2017; adopted as subd (b); previously amended effective January 1, 2005, and January 1, 2007.)

(b) Admission of allegations; prerequisites to acceptance

The court must then inquire whether the parent or guardian intends to admit or deny the allegations of the petition. If the parent or guardian neither admits nor denies the allegations, the court must state on the record that the parent or guardian does not admit the allegations. If the parent or guardian wishes to admit the allegations, the court must first find and state on the record that it is satisfied that the parent or guardian understands the nature of the allegations and the direct consequences of the admission, and understands and waives the rights in (a) and (e)(3).

(Subd (b) amended and relettered effective January 1, 2017; adopted as subd (c); previously amended effective January 1, 2007.)

(c) Parent or guardian must admit

An admission by the parent or guardian must be made personally by the parent or guardian.

(Subd (c) relettered effective January 1, 2017; adopted as subd (d); previously amended effective January 1, 2007.)

(d) Admission, no contest, submission

The parent or guardian may elect to admit the allegations of the petition, plead no contest and waive further jurisdictional hearing. The parent or guardian may elect to submit the jurisdictional determination to the court based on the information provided to the court and choose whether to waive further jurisdictional hearing. If the parent or guardian submits to the jurisdictional determination in writing, Waiver of Rights-Juvenile Dependency (form JV-190) must be completed by the parent or guardian and counsel and submitted to the court.

(Subd (d) amended and relettered effective January 1, 2017; adopted as subd (e); previously amended effective January 1, 2007.)

(e) Findings of court (§ 356)

After admission, plea of no contest, or submission, the court must make the following findings noted in the order of the court:

(1) Notice has been given as required by law;

(2) The birthdate and county of residence of the child;

(3) The parent or guardian has knowingly and intelligently waived the right to a trial on the issues by the court, the right to assert the privilege against self-incrimination, and the right to confront and to cross-examine adverse witnesses and to use the process of the court to compel the attendance of witnesses on the parent or guardian's behalf;

(4) The parent or guardian understands the nature of the conduct alleged in the petition and the possible consequences of an admission, plea of no contest, or submission;

(5) The admission, plea of no contest, or submission by the parent or guardian is freely and voluntarily made;

(6) There is a factual basis for the parent or guardian's admission;

(7) Those allegations of the petition as admitted are true as alleged; or

(8) Whether the allegations of the petition as submitted are true as alleged; and

(9) The child is described by one or more specific subdivisions of section 300.

(Subd (e) amended and relettered effective January 1, 2017; adopted as subd (f); previously amended effective January 1, 2007.)

(f) Disposition

After accepting an admission, plea of no contest, or submission, the court must proceed to a disposition hearing under rule 5.690 or rule 5.697, if the youth will attain 18 years of age before the holding of the disposition hearing.

((Subd (f) amended effective January 1, 2021; adopted as subd (g); previously amended effective January 1, 2007; previously amended and relettered as subd (f) effective January 1, 2017.).)

Cal. R. Ct. 5.682

Rule 5.682 amended effective 1/1/2021; Rule 5.682 amended effective 1/1/2017; adopted as rule 1449 effective 1/1/1991; previously amended effective 1/1/2005; amended and renumbered as rule 5.692 effective 1/1/2007.