Rule 5.614.Out-of-county placements

Division 3. Juvenile Rules · Chapter 7. Intercounty Transfers; Out-of-County Placements; Interstate Compact on the Placement of Children · Last amended 2020 · Last verified September 10, 2026

In one sentenceRule 5.614 requires notice before a dependent child is placed outside the county, gives those noticed a right to object, and puts the burden on the agency.

Full Text of Rule 5.614

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

(a) Procedure

Whenever a social worker intends to place a dependent child outside the child’s county of residence, the procedures in section 361.2(h) must be followed.

(b) Required Notice

Unless the requirements for emergency placement in section 361.4 are met, or the circumstances in section 361.2(h)(2)(A) exist, before placing a child out of county, the agency must notify the following of the proposed removal:

(1) The persons listed in section 361.2(h);

(2) The Indian child’s identified Indian tribe, if any;

(3) The Indian child’s Indian custodian, if any; and

(4) The child’s CASA program, if any.

The social worker may provide the required written notice to the participants in (b) on Notice of Intent to Place Child Out of County (form JV-555). If form JV-555 is used, the social worker must also provide a blank copy of Objection to Out-of-County Placement and Notice of Hearing (form JV-556).

(d) Method of service

The agency must serve notice of its intent to place the child out of county as follows:

(1) Notice must be served by either first-class mail, sent to the last known address of the person to be noticed; electronic service in accordance with Welfare and Institutions Code section 212.5; or personal service at least 14 days before the placement, unless the child’s health or well-being is endangered by delaying the action or would be endangered if prior notice were given;

(2) Notice to the child’s identified Indian tribe and Indian custodian must comply with the requirements of section 224.3; and

(3) Proof of Notice (form JV-326) must be filed with the court before any hearing on the proposed out-of-county placement.

(e) Objection to proposed out-of-county placement

Each participant who receives notice under (b)(1)–(3) may object to the proposed removal of the child, and the court must set a hearing as required by section 361.2(h).

(1) An objection to the proposed out-of-county placement may be made by using Objection to Out-of-County Placement and Notice of Hearing (form JV-556).

(2) An objection must be filed within the time frames in section 361.2(h).

(f) Notice of hearing on proposed removal

If an objection is filed, the clerk must set a hearing, and notice of the hearing must be as follows:

(1) If the party objecting to the removal is not represented by counsel, the clerk must provide notice of the hearing to the agency and the participants listed in (b);

(2) If the party objecting to the removal is represented by counsel, that counsel must provide notice of the hearing to the agency and the participants listed in (b);

(3) Notice must be by either first-class mail, sent to the last known address of the person to be noticed; electronic service in accordance with Welfare and Institutions Code section 212.5; or personal service;

(4) Notice to the child’s identified Indian tribe and Indian custodian must comply with the requirements of section 224.3; and

(5) Proof of Notice (form JV-326) must be filed with the court before the hearing on the proposed removal.

(g) Burden of proof

At a hearing on an out-of-county placement, the agency intending to move the child must prove by a preponderance of the evidence that the standard in section 361.2(h) is met.

(h) Emergency placements

If the requirements for emergency placement in section 361.4 are met, the agency must provide notice as required in section 16010.6.

End

Plain-English Summary

Moving a child out of their county of residence breaks school placements, sibling contact and visitation, so the rule front-loads notice. Unless the emergency placement requirements are met or a statutory exception applies, the agency must notify the statutory list — plus an Indian child’s identified tribe and Indian custodian, and the child’s CASA programme — before placing the child out of county.

Notice may go by first-class mail to the last known address, by electronic service, or personally, at least 14 days before the placement — unless the child’s health or well-being would be endangered by the delay or by giving prior notice at all. Notice to a tribe and Indian custodian must meet the ICWA notice statute. Proof of notice is filed before any hearing.

Anyone entitled to that notice may object, and the court must then set a hearing. Where the objector is unrepresented the clerk gives notice of the hearing; where they are represented, their counsel does.

The burden sits where the decision does: at the hearing, the agency intending to move the child must prove by a preponderance of the evidence that the statutory standard is met. Emergency placements follow their own notice statute.

Frequently Asked Questions

Do I get notice before my child is moved out of county?

Yes, unless the emergency placement requirements are met or a statutory exception applies — served at least 14 days before the placement, by mail, electronic service, or personally, unless delay or prior notice would endanger the child.

Can I object to an out-of-county placement?

Yes. Anyone entitled to notice may object, using form JV-556, within the statutory time frames — and the court must then set a hearing.

Who has to prove the placement is appropriate?

The agency intending to move the child, by a preponderance of the evidence, that the standard in section 361.2(h) is met.

Amendment History

Rule 5.614 amended effective January 1, 2020; adopted effective January 1, 2019.

(Subd (b) amended effective January 1, 2020.) (Subd (d) effective January 1, 2020.) (Subd (e) effective January 1, 2020.) (Subd (f) effective January 1, 2020.)

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: out of county placement dependency CaliforniaJV-555 notice intent to placeobject to out of county placement