Rule 5.580.Hearing on violation of probation (§ 777)

Division 3. Juvenile Rules · Chapter 4. Subsequent Petitions and Modifications · Last amended 2007 · Last verified September 10, 2026

In one sentenceRule 5.580 sets the procedure for a probation violation hearing — notice, the probation officer’s report 48 hours ahead, and proof by a preponderance.

Full Text of Rule 5.580

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

(a) Notice of hearing (§§ 656, 658, 660)

Notice of a hearing to be held under section 777 must be issued and served as provided in sections 658, 660, and 777 and prepared:

(1) By the probation officer if the child has been declared a ward under section 601; or

(2) By the probation officer or the district attorney if the child is a ward or is on probation under section 602, and the alleged violation of probation is not a crime.

(b) Motion to dismiss

If the probation officer files the notice of hearing, before jeopardy attaches the prosecuting attorney may move the court to dismiss the notice and request that the matter be referred to the probation officer for appropriate action under section 777(a)(3).

If the child has been brought into custody, the procedures described in rules 5.524 and 5.752 through 5.764 must be followed.

(d) Report of probation officer

Before every hearing the probation officer must prepare a report on those matters relevant to a determination of whether the child has violated a condition of probation. The report must be furnished to all parties at least 48 hours, excluding noncourt days, before the beginning of the hearing unless the child is represented by counsel and waives the right to service of the report.

(e) Evidence considered

The court must consider the report prepared by the probation officer and other relevant and material evidence offered by the parties to the proceeding.

(1) The court may admit and consider reliable hearsay evidence as defined by section 777(c).

(2) The probation officer or prosecuting attorney must prove the alleged violation by a preponderance of the evidence.

End

Plain-English Summary

Notice of a section 777 hearing is prepared by the probation officer where the child is a status-offence ward, or by the probation officer or district attorney where the child is a ward or on probation under the delinquency statute and the alleged violation is not itself a crime.

Where the probation officer files the notice, the prosecuting attorney may — before jeopardy attaches — move to dismiss it and ask that the matter go back to the probation officer for appropriate action.

Before every hearing the probation officer must prepare a report on the matters relevant to whether a condition of probation was violated, furnished to all parties at least 48 hours beforehand excluding non-court days — unless the child is represented and waives service.

The court considers that report and other relevant evidence, may admit and consider reliable hearsay as the statute defines it, and the violation must be proved by a preponderance of the evidence.

Frequently Asked Questions

What is the standard of proof for a probation violation?

A preponderance of the evidence, proved by the probation officer or prosecuting attorney.

When do I get the probation officer’s report?

At least 48 hours before the hearing begins, excluding non-court days — unless the child is represented by counsel and waives the right to service of the report.

Can hearsay be used?

The court may admit and consider reliable hearsay evidence as defined by Welfare and Institutions Code section 777(c).

Amendment History

Rule 5.580 amended and renumbered effective January 1, 2007; adopted as rule 1433 effective January 1, 1990; previously amended effective January 1, 1992, January 1, 2001, and January 1, 2006.

(Subd (a) amended effective January 1, 2007; adopted effective January 1, 2001; previously amended effective January 1, 2006.) (Subd (b) adopted effective January 1, 2001.) (Subd (c) amended effective January 1, 2007; adopted as subd (d) effective January 1, 2001; amended and relettered effective January 1, 2006.) (Subd (d) amended and relettered and amended effective January 1, 2006; adopted as subd (b); amended and relettered as subd (e) effective January 1, 2001.) (Subd (e) amended and relettered effective January 1, 2006; adopted as subd (e); amended and relettered as subd (f) effective January 1, 2001.)

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: probation violation hearing juvenile Californiasection 777 noticepreponderance probation violation