Cal. R. 5.625

As amended through September 20, 2024

Rule 5.625 - [Effective 1/1/2025] Orders after filing of petition under section 601 or 602

(a) Restraining orders (§ 213.5)

After a petition has been filed under section 601 or 602, and until the petition is dismissed or wardship is terminated, the court may issue restraining orders as provided in rule 5.630. A temporary restraining order must be prepared on Temporary Restraining Order-Juvenile (form JV-250) or, if the restrained person is the subject of a petition under section 601 or 602, on Temporary Restraining Order Against a Child (form JV-260). An order after hearing must be prepared on Juvenile Restraining Order After Hearing (form JV-255) or, if the restrained person is the subject of a petition under section 601 or 602, on Juvenile Restraining Order Against a Child-Order After Hearing (form JV-265).

(Subd (a) amended effective January 1, 2025; previously amended effective January 1, 2003, and January 1, 2007, January 1, 2014, and January 1, 2023.)

(b) Appointment of a legal guardian (§§ 727.3, 728)

At any time during wardship of a child under 18 years of age, the court may appoint a guardian, of the person, for the child, in accordance with the requirements in section 366.26 and rule 5.815.

(1) On appointment of a legal guardian, the court may continue wardship and conditions of probation or may terminate wardship.

(2) The juvenile court retains jurisdiction over the guardianship. All proceedings to modify or terminate the guardianship must be held in juvenile court.

(Subd (b) amended effective January 1, 2021; adopted as subd (c); previously amended 18 effective January 1, 2003; previously amended and relettered as sub(b) effective January 1, 2007.)

(c)Termination or modification of previously established probate guardianships (§ 728)

At any time after the filing of a petition under section 601 or 602 and until the petition is dismissed or wardship is terminated, the court may terminate or modify a guardianship of the person previously established under the Probate Code. The probation officer may recommend to the court in a report accompanying an initial or supplemental petition that an existing probate guardianship be modified or terminated. The guardian or the child's attorney may also file a motion to modify or terminate the guardianship.

(1) The hearing on the petition or motion may be held simultaneously with any regularly scheduled hearing regarding the child. The notice requirements in section 294 apply.

(2) If the court terminates or modifies a previously established probate guardianship, the court must provide notice of the order to the probate court that made the original appointment. The clerk of the probate court must file the notice in the probate file and send a copy of the notice to all parties of record identified in that file.

Cal. R. Ct. 5.625

Rule 5.625amended effective 1/1/2025; amended September 20, 2022, effective 1/1/2023; amended effective 1/1/2021; Rule 5.625 amended effective 1/1/2014; adopted as rule 1429.3 effective 1/1/2000; previously amended effective 1/1/2003; previously amended and renumbered effective 1/1/2007.