Rule 5.512.Joint assessment procedure

A child can meet the description of both a dependent and a ward, and the choice between those tracks shapes everything that follows. Where that happens, the responsible child welfare and probation departments must jointly assess which status will serve the best interest of the child and the protection of society — as soon as possible after the child comes to either department’s attention, and wherever possible before any petition is filed.

Where the child is already a dependent or ward in the same county, the two departments assess under a jointly developed written protocol. Where the petition is in one county and the existing case in another, both counties’ departments take part, and if they cannot agree on who writes the report, the department where the petition is to be filed does. The report must carry both departments’ recommendations and reasoning where they disagree.

The contents are prescribed — the nature of the referral, the child’s age, any history of physical, sexual or emotional abuse, the parents’ prior record for abuse of this or any other child, the child’s prior record for out-of-control or delinquent behaviour, the parents’ cooperation with the school, the child’s functioning at school, the home environment, the history of agency involvement, available services, and statements from the child’s counsel and any CASA volunteer.

The timetable is tight. If the child is detained, the hearing must occur as soon as possible after or concurrent with the detention hearing, no later than 15 court days after the detention order and before the jurisdictional hearing. If not detained, before the jurisdictional hearing and within 30 days of the petition. Notice and copies of the report go out at least 5 calendar days before, and the clerk transmits the findings to any other juvenile court with current jurisdiction within 5 calendar days after.