Rule 5.538.Conduct of proceedings held before a referee not acting as a temporary judge

Division 3. Juvenile Rules · Chapter 3. General Conduct of Juvenile Court Proceedings · Last amended 2019 · Last verified September 10, 2026

In one sentenceRule 5.538 requires a referee who is not a temporary judge to run the hearing as a judge would and to explain the right to seek review by a juvenile court judge.

Full Text of Rule 5.538

Text sizeJump to: (a) (b)

(a) General conduct (§§ 248, 347, 677)

Proceedings heard by a referee not acting as a temporary judge must be conducted in the same manner as proceedings heard by a judge, except:

(1) An official court reporter or other authorized reporting procedure must record the proceedings if directed by the court; and

(2) The referee must inform the child and parent or guardian of the right to seek review by a juvenile court judge.

(b) Furnishing and serving findings and order; explanation of right to review (§§

248, 248.5)

After each hearing before a referee, the referee must make findings and enter an order as provided elsewhere in these rules. In each case, the referee must furnish and serve the findings and order and provide an explanation of the right to review the order in accordance with sections 248 and 248.5.

End

Plain-English Summary

Proceedings before such a referee are conducted in the same manner as before a judge, with two exceptions. Recording happens if the court directs it rather than as of right. And the referee must inform the child and the parent or guardian of the right to seek review by a juvenile court judge.

After each hearing the referee makes findings and enters an order as the rules elsewhere provide — and must furnish and serve those findings and that order together with an explanation of the right to review. That service starts the clock for the finality and rehearing provisions in rules 5.540 and 5.542.

Frequently Asked Questions

Can I challenge a referee’s decision?

Yes. The referee must inform the child and the parent or guardian of the right to seek review by a juvenile court judge, and must furnish and serve the findings and order with an explanation of that right.

Is a hearing before a referee different from one before a judge?

It is conducted in the same manner, except that recording happens if the court directs it, and the referee must explain the right to seek review.

Amendment History

Rule 5.538 amended effective January 1, 2019; adopted as rule 1416 effective January 1, 1990; previously amended and renumbered as rule 5.538 effective January 1, 2007; previously amended effective January 1, 2016.

(Subd (a) amended effective January 1, 2007.) (Subd (b) amended effective January 1, 2019; previously amended effective January 1, 2007, and January 1, 2016.)

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: referee findings and order juvenileright to review referee decision Californiajuvenile referee procedure