Rule 5.540.Orders of referees not acting as temporary judges

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

In one sentenceRule 5.540 makes a referee’s orders effective immediately except removal orders, which need a judge’s express approval within two court days.

Full Text of Rule 5.540

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

(a) Effective date of order (§ 250)

Except as provided in (b) and subject to the right of review provided for in rule 5.542, all orders of a referee become effective immediately and continue in effect unless vacated or modified on rehearing by order of a juvenile court judge.

(b) Orders requiring express approval of judge (§§ 249, 251)

The following orders made by a referee do not become effective unless expressly approved by a juvenile court judge within two court days:

(1) Any order removing a child from the physical custody of the person legally entitled to custody; or

(2) Any order the presiding judge of the juvenile court requires to be expressly approved.

An order of a referee becomes final 10 calendar days after service of a copy of the order and findings under rule 5.538, if an application for rehearing has not been made within that time or if the judge of the juvenile court has not within the 10 days ordered a rehearing on the judge’s own motion under rule 5.542.

End

Plain-English Summary

Subject to the right of review, a referee’s orders take effect immediately and continue unless vacated or modified on rehearing by a juvenile court judge.

Two categories do not. An order removing a child from the physical custody of the person legally entitled to it, and any order the presiding judge requires to be approved, do not become effective unless a juvenile court judge expressly approves them within two court days. Removal is the one decision the rule will not let stand on a referee’s signature alone.

Finality comes 10 calendar days after service of the order and findings — if no application for rehearing has been made in that time and the judge has not ordered a rehearing on their own motion.

Frequently Asked Questions

When does a referee’s order take effect?

Immediately, and it continues unless vacated or modified on rehearing — except an order removing a child from custody, or any order the presiding judge requires to be approved, which need a judge’s express approval within two court days.

When does a referee’s order become final?

10 calendar days after service of a copy of the order and findings, if no application for rehearing was made in that time and the judge has not ordered a rehearing on their own motion.

Amendment History

Rule 5.540 amended and renumbered effective January 1, 2007; adopted as rule 1417 effective January 1, 1990.

(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

Also known as: referee order effective date juvenilejudge approval removal order two court daysfinality referee order California