Rule 5.520.Filing the petition; application for petition

Division 3. Juvenile Rules · Chapter 2. Commencement of Juvenile Court Proceedings · Last amended 2007 · Last verified September 10, 2026

In one sentenceRule 5.520 states who has discretion to file a juvenile petition, who must file it, and how anyone else can apply for one — or seek review of a refusal.

Full Text of Rule 5.520

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

(a) Discretion to file (§§ 325, 650)

Except as provided in sections 331, 364, 604, 653.5, 654, and 655, the social worker or probation officer has the sole discretion to determine whether to file a petition under section 300 and 601. The prosecuting attorney has the sole discretion to file a petition under section 602.

(b) Filing the petition (§§ 325, 650)

A proceeding in juvenile court to declare a child a dependent or a ward of the court is commenced by the filing of a petition.

(1) In proceedings under section 300, the social worker must file the petition;

(2) In proceedings under section 601, the probation officer must file the petition; and

(3) In proceedings under section 602, the prosecuting attorney must file the petition. The prosecuting attorney may refer the matter back to the probation officer for appropriate action.

Any person may apply to the social worker or probation officer to commence proceedings. The application must be in the form of an affidavit alleging facts showing the child is described in sections 300, 601, or 602. The social worker or probation officer must proceed under sections 329, 653, or 653.5. The applicant may seek review of a decision not to file a petition by proceeding under section 331 or 655.

End

Plain-English Summary

The filing decision belongs to the agency, not the complainant. Subject to the listed statutory exceptions, the social worker or probation officer has sole discretion over whether to file a dependency or status-offence petition, and the prosecuting attorney has sole discretion over a delinquency petition.

A juvenile proceeding is commenced by filing the petition — by the social worker in dependency, the probation officer in section 601 matters, and the prosecuting attorney in section 602 matters, who may refer the matter back to probation for appropriate action.

Anyone may apply to start proceedings. The application takes the form of an affidavit alleging facts showing the child is described in the relevant statute, and the officer must then proceed under the applicable statute. A refusal is not the end of it: the applicant may seek review of a decision not to file.

Frequently Asked Questions

Who decides whether to file a juvenile petition?

The social worker or probation officer has sole discretion for section 300 and 601 petitions, and the prosecuting attorney for section 602 petitions, subject to the statutory exceptions the rule lists.

Can I ask the court to start a dependency case?

Any person may apply to the social worker or probation officer, by affidavit alleging facts showing the child is described in section 300, 601, or 602.

What if they refuse to file?

The applicant may seek review of a decision not to file a petition by proceeding under Welfare and Institutions Code section 331 or 655.

Amendment History

Rule 5.520 amended and renumbered effective January 1, 2007; adopted as rule 1406 effective January 1, 1991.

(Subd (a) amended effective January 1, 2007.) (Subd (b) amended effective January 1, 2007.) (Subd (c) amended effective January 1, 2007.)

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

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