Cal. R. 5.752

As amended through July 24, 2024

Rule 5.752 - Initial hearing; detention hearings; time limit on custody; setting jurisdiction hearing

(a) Child not detained; filing petition, setting hearing

If the child is not taken into custody and the authorized petitioner (district attorney or probation officer) determines that a petition or notice of probation violation concerning the child should be filed, the petition or notice must be filed with the clerk of the juvenile court as soon as possible. The clerk must set an initial hearing on the petition within 15 court days.

(b) Time limit on custody; filing petition (§§ 604, 631, 631.1)

A child must be released from custody within 48 hours, excluding noncourt days, after first being taken into custody unless a petition or notice of probation violation has been filed either within that time or before the time the child was first taken into custody.

(c) Time limit on custody, willful misrepresentation of age (§ 631.1)

If the child willfully misrepresents the child's age to be 18 years or older, and this misrepresentation causes an unavoidable delay in investigation that prevents the filing of a petition or of a criminal complaint within 48 hours, excluding noncourt days, after the child has been taken into custody, the child must be released unless a petition or complaint has been filed within 48 hours, excluding noncourt days, from the time the true age is determined.

(d) Time limit on custody, certification of child detained in custody (§ 604)

A child must be released from custody within 48 hours, excluding noncourt days, after certification to juvenile court under rules 4.116 and 5.516(d) unless a petition has been filed.

(e) Time limit for detention hearing, warrant or nonward charged with nonviolent misdemeanor (§ 632)

A detention hearing must be set and commenced as soon as possible, but no later than 48 hours, excluding noncourt days, after the child has been taken into custody, if:

(1) The child has been taken into custody on a warrant or by the authority of the probation officer; or

(2) The child is not on probation or parole and is alleged to have committed a misdemeanor not involving violence, the threat of violence, or the possession or use of a weapon.

(f) Time limit for detention hearing, felony, violent misdemeanor, or ward (§ 632)

A detention hearing must be set and commenced as soon as possible, but no later than the expiration of the next court day after the petition or notice of probation violation has been filed, if:

(1) The child is alleged to have committed a felony;

(2) The child is alleged to have committed a misdemeanor involving violence, the threat of violence, or the possession or use of a weapon; or

(3) The child is a ward currently on probation or parole.

(g) Time limit for hearing, arrival at detention facility (§ 632)

A detention hearing must be set and commenced as soon as possible, but no later than 48 hours, excluding noncourt days, after the child arrives at a detention facility within the county if:

(1) The child was taken into custody in another county and transported in custody to the requesting county;

(2) The child was ordered transported in custody when transferred by the juvenile court of another county under rule 5.610; or

(3) The child is a ward temporarily placed in a secure facility pending a change of placement.

(h) Time limit for hearing, violation of home supervision (§§ 628.1, 636)

A child taken into custody for a violation of a written condition of home supervision, which the child has promised in writing to obey under section 628.1 or 636, must be brought before the court for a detention hearing as soon as possible, but no later than 48 hours, excluding noncourt days, after the child was taken into custody.

(i) Time limits, remedy for not observing (§§ 632, 641)

If the detention hearing is not commenced within the time limits, the child must be released immediately, or, if the child is a ward under section 602 awaiting a change of placement, the child must be placed in a suitable, nonsecure facility.

Cal. R. Ct. 5.752

Rule 5.752 amended and renumbered effective 1/1/2007; repealed and adopted as rule 1471 effective 1/1/1998.