Rule 5.612.Transfer-in hearing

Division 3. Juvenile Rules · Chapter 7. Intercounty Transfers; Out-of-County Placements; Interstate Compact on the Placement of Children · Last amended 2017 · Last verified September 10, 2026

In one sentenceRule 5.612 requires the receiving court to accept a transferred juvenile case — it may not reject it — and to resume at the same phase.

Full Text of Rule 5.612

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

(a) Procedure on transfer (§§ 378, 753)

On receipt and filing of a certified copy of a transfer order, the receiving court must accept jurisdiction of the case. The receiving court may not reject the case. The clerk of the receiving court must confirm the transfer-in hearing date scheduled by the sending court and ensure that date is on the receiving court’s calendar. The receiving court must notify the transferring court on receipt and filing of the certified copies of the transfer order and complete case file.

(b) Conduct of hearing

At the transfer-in hearing, the court must:

(1) Advise the child and the parent or guardian of the purpose and scope of the hearing;

(2) Provide for the appointment of counsel if appropriate; and

(3) If the child was transferred to the county in custody, determine whether the child must be further detained under rule 5.667.

The proceedings in the receiving court must commence at the same phase as when the case was transferred. The court may continue the hearing for an investigation and report to a date not to exceed 10 court days if the child is in custody or 15 court days if the child is not detained in custody.

(d) Limitation on more restrictive custody (§§ 387, 777)

If a disposition order has already been made in the transferring county, a more restrictive level of physical custody may not be ordered in the receiving county, except after a hearing on a supplemental petition under rule 5.565.

(e) Setting six-month review (§ 366)

When an order of transfer is received and filed relating to a child who has been declared a dependent, the court must set a date for a six-month review within six months of the disposition or the most recent review hearing.

(f) Change of circumstances or additional facts (§§ 388, 778)

If the receiving court believes that a change of circumstances or additional facts indicate that the child does not reside in the receiving county, a transfer-out hearing must be held under rules 5.610 and 5.570. The court may direct the department of social services or the probation department to seek a modification of orders under section 388 or 778 and under rule 5.570.

End

Plain-English Summary

The central provision is a prohibition. On receipt and filing of a certified copy of the transfer order, the receiving court must accept jurisdiction, and may not reject the case. Its clerk must confirm the hearing date the sending court set and get it on the calendar, and the court must notify the transferring court on receipt of the order and file.

At the transfer-in hearing the court advises the child and parent or guardian of the purpose and scope of the hearing, provides for appointment of counsel where appropriate, and — if the child arrived in custody — determines whether further detention is required.

Proceedings resume at the same phase they had reached when transferred, so a case is not restarted by moving counties. The court may continue for an investigation and report by up to 10 court days if the child is in custody, 15 if not.

Two limits protect the child. A more restrictive level of physical custody may not be ordered in the receiving county where disposition was already made, except after a hearing on a supplemental petition. And where a dependent child arrives, the court must set a six-month review within six months of disposition or the most recent review.

Frequently Asked Questions

Can the receiving county refuse a transferred case?

No. On receipt and filing of a certified copy of the transfer order, the receiving court must accept jurisdiction and may not reject the case.

Does the case start over in the new county?

No. Proceedings in the receiving court commence at the same phase as when the case was transferred.

Can the new county order a more restrictive placement?

Not where a disposition order was already made in the transferring county — only after a hearing on a supplemental petition under rule 5.565.

Amendment History

Rule 5.612 amended effective January 1, 2017; adopted as rule 1426 effective January 1, 1990; previously amended effective January 1, 1992, July 1, 1999, and January 1, 2004; previously amended and renumbered as rule 5.612 effective January 1, 2007.

(Subd (a) amended effective January 1, 2017; repealed and adopted effective January 1, 1990; previously amended effective January 1, 1992, July 1, 1999, January 1, 2004, and January 1, 2007.) (Subd (b) amended effective January 1, 2007; previously amended effective January 1, 2004.) (Subd (c) amended effective January 1, 2004; previously amended effective July 1, 1999.) (Subd (d) amended effective January 1, 2007; previously amended effective January 1, 2004.) (Subd (e) amended effective January 1, 2004.) (Subd (f) amended effective January 1, 2007; adopted effective January 1, 1992; previously amended effective July 1, 1999, and January 1, 2004.)

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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