Rule 5.514.Intake; guidelines

Division 3. Juvenile Rules · Chapter 2. Commencement of Juvenile Court Proceedings · Last amended 2021 · Last verified September 10, 2026

In one sentenceRule 5.514 sets up juvenile intake — what an intake programme must be designed to do, what the investigating officer decides, and which matters must go to the prosecutor within 48 hours.

Full Text of Rule 5.514

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

(a) Role of juvenile court

It is the duty of the presiding judge of the juvenile court to initiate meetings and cooperate with the probation department, welfare department, prosecuting attorney, law enforcement, and other persons and agencies performing an intake function. The goal of the intake meetings is to establish and maintain a fair and efficient intake program designed to promote swift and objective evaluation of the circumstances of any referral and to pursue an appropriate course of action.

(b) Purpose of intake program

The intake program must be designed to:

(1) Provide for settlement at intake of:

(A) Matters over which the juvenile court has no jurisdiction;

(B) Matters in which there is insufficient evidence to support a petition; and

(2) Provide for a program of informal supervision of the child under sections 301 and 654; and

(3) Establish a process for a judge to witness the consent of the parent or Indian custodian to a placement of an Indian child under section 16507.4(b) before a judge in accordance with section 16507.4(b)(3) that ensures the placement is consistent with the federal Indian Child Welfare Act and corresponding state law and all of the rights and protections of the Indian parent are respected, using Agreement of Parent or Indian Custodian to Temporary Custody of Indian Child (form ICWA-101). This process must ensure that the witnessing of the consent is scheduled within 72 hours of the request having been made. The original completed Agreement of Parent or Indian Custodian to Temporary Custody of Indian Child (form ICWA-101) must be retained by the court with a copy to the agency; and

(4) Provide for the commencement of proceedings in the juvenile court only when necessary for the welfare of the child or protection of the public.

The probation officer or the social worker must conduct an investigation and determine whether:

(1) The matter should be settled at intake by:

(A) Taking no action;

(B) Counseling the child and any others involved in the matter; or

(C) Referring the child, the child’s family, and any others involved to other agencies and programs in the community for the purpose of receiving services to prevent or eliminate the need for removal;

(2) A program of informal supervision should be undertaken for not more than six months under section 301 or 654; or

(3) A petition should be filed under section 300 or 601, or the prosecuting attorney should be requested to file a petition under section 602.

(d) Mandatory referrals to the prosecuting attorney (§ 653.5)

Notwithstanding (c), the probation officer must refer to the prosecuting attorney, within 48 hours, all affidavits requesting that a petition be filed under section 602 if it appears to the probation officer that:

(1) The child, regardless of age:

(A) Is alleged to have committed an offense listed in section 707(b);

(B) Has been referred for the sale or possession for sale of a controlled substance under chapter 2 of division 10 of the Health and Safety Code;

(C) Has been referred for a violation of Health and Safety Code section 11350 or 11377 at a school, or for a violation of Penal Code sections 245.5, 626.9, or 626.10;

(D) Has been referred for a violation of Penal Code section 186.22;

(E) Has previously been placed on informal supervision under section 654; or

(F) Has been referred for an alleged offense in which restitution to the victim exceeds $1,000;

(2) The child was 16 years of age or older on the date of the alleged offense and the referral is for a felony offense; or

(3) The child was under 16 years of age on the date of the alleged offense and the referral is not the first referral for a felony offense. Except for the offenses listed in (1)(C), the provisions of this subdivision do not apply to narcotics and drug offenses listed in Penal Code section 1000.

(e) Informal supervision (§§ 301, 654)

(1) If the child is placed on a program of informal supervision for not more than six months under section 301, the social worker may file a petition at any time during the six-month period. If the objectives of a service plan under section 301 have not been achieved within six months, the social worker may extend the period up to an additional six months, with the consent of the parent or guardian.

(2) If a child is placed on a program of informal supervision for not more than six months under section 654, the probation officer may file a petition under section 601, or request that the prosecuting attorney file a petition under section 602, at any time during the six-month period, or within 90 days thereafter. If a child on informal supervision under section 654 has not participated in the specific programs within 60 days, the probation officer must immediately file a petition under section 601, or request that the prosecuting attorney file one under section 602, unless the probation officer determines that the interests of the child and the community can be adequately protected by continuing under section 654.

End

Plain-English Summary

Intake is where most juvenile referrals end, and the rule starts by making the presiding judge responsible for convening the agencies that run it — probation, welfare, the prosecutor, law enforcement and others — to maintain a fair and efficient programme giving swift, objective evaluation of each referral.

The programme must be designed to settle at intake matters outside the court’s jurisdiction, matters with insufficient evidence, and matters suitable for referral to a community agency; to provide informal supervision; and to commence proceedings only when necessary for the child’s welfare or the public’s protection.

One design requirement is specific to Indian children: a process for a judge to witness a parent’s or Indian custodian’s consent to a placement, ensuring the placement is consistent with federal and state ICWA law and that the parent’s rights are respected, scheduled within 72 hours of the request, on the prescribed form retained by the court.

The investigating probation officer or social worker chooses among three outcomes: settle at intake by taking no action, counselling, or referring the family to community services; undertake informal supervision for up to six months; or file a petition, or ask the prosecutor to.

Some referrals bypass that discretion. The probation officer must refer to the prosecutor within 48 hours any affidavit seeking a wardship petition where the child is alleged to have committed a listed serious offence, is referred for sale or possession for sale of a controlled substance, for specified drug or weapons offences at a school, or for a gang offence, has previously been on informal supervision, or is referred for an offence where restitution exceeds $1,000 — and, by age, where a child of 16 or over is referred for a felony, or a child under 16 is referred for a felony that is not their first.

Frequently Asked Questions

What happens to a juvenile referral before any court case?

A probation officer or social worker investigates and decides whether to settle it at intake (no action, counselling, or a community referral), undertake informal supervision for up to six months, or file a petition or ask the prosecutor to.

Which cases must go straight to the prosecutor?

Within 48 hours: a listed serious offence, sale or possession for sale of a controlled substance, specified drug or weapons offences at a school, a gang offence, a child previously on informal supervision, restitution over $1,000 — and by age, a felony referral for a child 16 or over, or a non-first felony referral for a child under 16.

How long can informal supervision last?

Up to six months. Under section 301 the social worker may extend it by up to a further six months with the consent of the parent or guardian.

How quickly must a judge witness an ICWA placement consent?

The process must ensure the witnessing is scheduled within 72 hours of the request having been made.

Amendment History

Rule 5.514 amended effective January 1, 2021; adopted as rule 1404 effective January 1, 1991; previously amended effective January 1, 1994, January 1, 1995, and January 1, 2001; previously amended and renumbered as effective January 1, 2007.

(Subd (a) amended effective January 1, 2007.) (Subd (b) amended effective January 1, 2021; previously amended effective January 1, 1995, January 1, 2007.) (Subd (c) amended effective January 1, 2007; previously amended effective January 1, 1994, January 1, 1995, and January 1, 2001.) (Subd (d) amended effective January 1, 2007; previously amended effective January 1, 1994, and January 1, 1995.) (Subd (e) amended effective January 1, 2007; previously amended effective January 1, 1995.)

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: juvenile intake Californiainformal supervision 654 301mandatory referral prosecutor 48 hoursICWA-101 consent temporary custody