Rule 5.510.Proper court; determination of child’s residence; exclusive jurisdiction

Division 3. Juvenile Rules · Chapter 2. Commencement of Juvenile Court Proceedings · Last amended 2026 · Last verified September 10, 2026

In one sentenceRule 5.510 names the proper juvenile court for a case, gives that court exclusive jurisdiction over custody and parentage once a petition is filed, and lets it retain jurisdiction after a child’s death.

Full Text of Rule 5.510

Text sizeJump to: (a) (b) (c) (d)

(a) Proper court (§§ 327, 651)

The proper court in which to commence proceedings to declare a child a dependent or ward of the court is the juvenile court in the county:

(1) In which the child resides;

(2) In which the child is found; or

(3) In which the acts take place or the circumstances exist that are alleged to bring the child within the provisions of section 300 or 601 or 602.

(b) Determination of residence—general rule (§ 17.1)

Unless otherwise provided in the juvenile court law or in these rules, the residence of a child must be determined under section 17.1.

(1) Once a petition has been filed under section 300, the juvenile court has exclusive jurisdiction of the following:

(A) All issues regarding custody and visitation of the child, including legal guardianship; and

(B) All issues and actions regarding the parentage of the child under rule 5.635 and Family Code section 7630.

(2) Once a petition has been filed under section 601 or 602, the juvenile court has exclusive jurisdiction to hear an action filed under Family Code section 7630.

(d) Retention of jurisdiction (§ 10850.4(q)(1))

(1) If the death of a child or nonminor dependent occurs while the child or nonminor dependent is within the jurisdiction of the court, whether or not a petition was filed, the court may retain jurisdiction on its own motion or at the request of a party for the exclusive purpose of receiving documents and information related to the circumstances of the death, including but not limited to medical records, police reports, and autopsy reports.

(2) If the court retains jurisdiction, the case must remain open until the court receives the documents and information related to the circumstances of death. The court may order the placing agency to release the documents and information itemized in Welfare and Institutions Code section 10850.4(c) to the court, subject to the redactions set forth in section 10850.4(e).

(3) The court must terminate jurisdiction upon receipt of the documents and information.

End

Plain-English Summary

Three courts qualify as proper: the county where the child resides, where the child is found, or where the acts or circumstances alleged to bring the child within the juvenile court law took place. Residence is determined under the general statutory rule unless the juvenile court law or these rules say otherwise.

Exclusivity follows the filing. Once a dependency petition is filed, the juvenile court has exclusive jurisdiction over all issues of custody and visitation, including legal guardianship, and over all issues and actions regarding the child’s parentage. Once a wardship petition is filed, it has exclusive jurisdiction to hear a parentage action.

The final subdivision addresses what happens when a child or nonminor dependent dies within the court’s jurisdiction — whether or not a petition was filed. The court may retain jurisdiction, on its own motion or a party’s request, for the exclusive purpose of receiving documents and information about the circumstances of the death: medical records, police reports, autopsy reports. The case stays open until those arrive, the court may order the placing agency to release them subject to statutory redactions, and jurisdiction terminates on receipt.

Frequently Asked Questions

Which county’s juvenile court hears the case?

The county where the child resides, where the child is found, or where the acts or circumstances alleged to bring the child within the juvenile court law took place.

Can a family court decide custody once a dependency petition is filed?

No. Once a section 300 petition is filed, the juvenile court has exclusive jurisdiction over all issues regarding custody and visitation of the child, including legal guardianship, and over parentage.

What happens if a child in the system dies?

The court may retain jurisdiction for the exclusive purpose of receiving documents and information about the circumstances of the death — medical records, police reports, autopsy reports — and must terminate jurisdiction on receipt.

Amendment History

Rule 5.510 amended effective January 1, 2026; adopted as rule 1403 effective January 1, 1991; previously amended effective January 1, 2021.

(Subd (a) amended effective January 1, 2007.) (Subd (c) amended effective January 1, 2021; adopted effective January 1, 1999; previously amended effective January 1, 2007, and January 1, 2015.) (Subd (d) adopted effective January 1, 2026.)

Source & verification. Rule text is reproduced verbatim from the Judicial Council of California. Adopted by the Judicial Council of California. Last verified September 10, 2026. · Official source

Also known as: proper juvenile court Californiaexclusive jurisdiction dependency custodyjuvenile court retain jurisdiction death of child