Cal. R. 5.516

As amended through July 24, 2024

Rule 5.516 - Factors to consider

(a) Settlement at intake (§ 653.5)

In determining whether a matter not described in rule 5.514(d) should be settled at intake, the social worker or probation officer must consider:

(1) Whether there is sufficient evidence of a condition or conduct to bring the child within the jurisdiction of the court;

(2) If the alleged condition or conduct is not considered serious, whether the child has previously presented significant problems in the home, school, or community;

(3) Whether the matter appears to have arisen from a temporary problem within the family that has been or can be resolved;

(4) Whether any agency or other resource in the community is available to offer services to the child and the child's family to prevent or eliminate the need to remove the child from the child's home;

(5) The attitudes of the child, the parent or guardian, and any affected persons;

(6) The age, maturity, and capabilities of the child;

(7) The dependency or delinquency history, if any, of the child;

(8) The recommendation, if any, of the referring party or agency; and

(9) Any other circumstances that indicate that settling the matter at intake would be consistent with the welfare of the child and the protection of the public.

(b) Informal supervision

In determining whether to undertake a program of informal supervision of a child not described by rule 5.514(d), the social worker or probation officer must consider:

(1) If the condition or conduct is not considered serious, whether the child has had a problem in the home, school, or community that indicates that some supervision would be desirable;

(2) Whether the child and the parent or guardian seem able to resolve the matter with the assistance of the social worker or probation officer and without formal court action;

(3) Whether further observation or evaluation by the social worker or probation officer is needed before a decision can be reached;

(4) The attitudes of the child and the parent or guardian;

(5) The age, maturity, and capabilities of the child;

(6) The dependency or delinquency history, if any, of the child;

(7) The recommendation, if any, of the referring party or agency;

(8) The attitudes of affected persons; and

(9) Any other circumstances that indicate that a program of informal supervision would be consistent with the welfare of the child and the protection of the public.

(c) Filing of petition

In determining whether to file a petition under section 300 or 601 or to request the prosecuting attorney to file a petition under section 602, the social worker or probation officer must consider:

(1) Whether any of the statutory criteria listed in rules 5.770 and 5.772 relating to the fitness of the child are present;

(2) Whether the alleged conduct would be a felony;

(3) Whether the alleged conduct involved physical harm or the threat of physical harm to person or property;

(4) If the alleged condition or conduct is not serious, whether the child has had serious problems in the home, school, or community that indicate that formal court action is desirable;

(5) If the alleged condition or conduct is not serious, whether the child is already a ward or dependent of the court;

(6) Whether the alleged condition or conduct involves a threat to the physical or emotional health of the child;

(7) Whether a chronic, serious family problem exists after other efforts to resolve the problem have been made;

(8) Whether the alleged condition or conduct is in dispute and, if proven, whether court-ordered disposition appears desirable;

(9) The attitudes of the child and the parent or guardian;

(10) The age, maturity, and capabilities of the child;

(11) Whether the child is on probation or parole;

(12) The recommendation, if any, of the referring party or agency;

(13) The attitudes of affected persons;

(14) Whether any other referrals or petitions are pending; and

(15) Any other circumstances that indicate that the filing of a petition is necessary to promote the welfare of the child or to protect the public.

(d) Certificatiion to juvenile court

Copies of the certification, the accusatory pleading, any police reports, and the order of a superior court, certifying that the accused person was under the age of 18 on the date of the alleged offense, must immediately be delivered to the clerk of the juvenile court.

(1) On receipt of the documents, the clerk must immediately notify the probation officer, who must immediately investigate the matter to determine whether to commence proceedings in juvenile court.

(2) If the child is under the age of 18 and is in custody, the child must immediately be transported to the juvenile detention facility.

Cal. R. Ct. 5.516

Rule 5.516 amended effective 1/1/2007; adopted as rule 1405 effective 1/1/1991; previously amended effective 1/1/2001.