Rule 5.619.Voluntary placement in psychiatric residential treatment facility (Welf. & Inst. Code, §§ 361.23, 727.13)

Division 3. Juvenile Rules · Chapter 7. Intercounty Transfers; Out-of-County Placements; Interstate Compact on the Placement of Children · Adopted 2024 · no amendments on record · Last verified September 10, 2026

In one sentenceRule 5.619 requires a next-day hearing before a child is voluntarily admitted to a psychiatric residential treatment facility, and repeated review afterwards.

Full Text of Rule 5.619

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

(a) Applicability

This rule applies to the court’s review under section 361.23 or 727.13 when a voluntary admission into a psychiatric residential treatment facility is sought for a child, nonminor, or nonminor dependent, as defined in rule 5.502.

(b) Notice and setting of hearing on application

(1) The social worker or probation officer must use Ex Parte Application for Voluntary Admission to Psychiatric Residential Treatment Facility (form JV-172) to request an order authorizing the voluntary admission into a psychiatric residential treatment facility.

(2) After receiving an ex parte application for an order, the court must set a hearing under section 361.23 or 727.13 for the next judicial day. The court must immediately notify the social worker or probation officer and the child, nonminor, or nonminor dependent’s counsel of the date, time, and location of the hearing.

(3) The social worker or probation officer must orally notify the parties identified in section 361.23(b)(3), 361.23(e)(3), 727.13(b)(3), or 727.13(e)(3) of the date, time, and location of the hearing.

(4) The social worker or probation officer must complete and file Proof of Notice of Hearing on Application for Voluntary Admission to Psychiatric Residential Treatment Facility (form JV-173).

(1) The court must consider all evidence required by section 361.23(c)(1), 361.23(e)(4), 727.13(b)(1), or 727.13(e)(4), and all evidence relevant to the court’s determinations required under section 361.23(d), 361.23(e)(5), 727.13(d), or 727.13(e)(5).

(2) The court must use Order on Application for Voluntary Admission to Psychiatric Residential Treatment Facility (form JV-174) to document its findings and orders.

(3) If the court authorizes the admission of the child, nonminor, or nonminor dependent, the court must set a hearing to review the placement in the facility no later than 60 days following the admission.

(d) Notice of hearing on review of placement

At least 10 days before the hearing, the child welfare agency or probation department must provide notice of the date, time, and location of the hearing to review the placement to all parties identified in section 361.23(b)(3), 361.23(e)(3), 727.13(b)(3), or 727.13(e)(3).

(e) Conduct of hearing on review of placement

(1) The court must consider all evidence required by section 361.23(f)(1)(C), 361.23(f)(2)(C), 727.13(f)(1)(C), or 727.13(f)(2)(C) and all evidence relevant to the court’s determinations required under section 361.23(d), 361.23(e)(5), 727.13(d), or 727.13(e)(5).

(2) The court must use Review of Voluntary Admission of Child to Psychiatric Residential Treatment Facility (form JV-175) or Review of Voluntary Admission of Nonminor or Nonminor Dependent to Psychiatric Residential Treatment Facility (form JV-176) to document its findings and orders.

(3) If the court authorizes the continued admission of the child, nonminor, or nonminor dependent, the court must set a review hearing on the child’s placement in the facility no later than 30 days from the date of the review hearing.

(4) If the court does not authorize the continued admission of the child, nonminor, or nonminor dependent, the court must set a hearing in no later than 30 days to verify that the child, nonminor, or nonminor dependent has been discharged.

(f) Placement by consent of conservator

(1) At any review hearing under section 364, 366.21, 366.22, 366.3, or 366.31, if a child or nonminor dependent has been admitted to a psychiatric residential treatment facility by the consent of a conservator, the court must review the child’s case plan. The court must make findings and orders as required by section 361.23(h).

(2) The court must use Admission to Psychiatric Residential Treatment Facility by Consent of Conservator—Additional Findings and Orders (form JV-177) to document its findings and orders, and attach the form to the findings and orders document used for the review hearing.

End

Plain-English Summary

"Voluntary" admission to a locked psychiatric setting still goes before a judge, and quickly. The social worker or probation officer applies ex parte on the prescribed form, and the court must set the hearing for the next judicial day, immediately notifying the officer and the young person’s counsel. The officer gives oral notice to the statutory list and files proof of it.

At that hearing the court considers the statutory evidence and everything relevant to its required determinations, and documents its findings on the order form. Where it authorizes admission, it must set a review of the placement no later than 60 days after.

The review cycle then tightens. Notice goes out at least 10 days ahead. If the court authorizes continued admission, the next review is set no later than 30 days later — and if it does not authorize continued admission, it sets a hearing within 30 days to verify that the young person has actually been discharged. Neither outcome ends the court’s attention.

A separate provision covers admission by a conservator’s consent: at any of the listed review hearings the court must review the case plan and make the statutory findings, documented on its own attachment.

Frequently Asked Questions

How quickly is the hearing held?

The court must set the hearing on the ex parte application for the next judicial day, and immediately notify the social worker or probation officer and the young person’s counsel of the date, time and location.

How often is the placement reviewed?

A first review no later than 60 days after admission, then — if continued admission is authorized — a further review no later than 30 days from each review hearing.

What if the court refuses to authorize continued admission?

It must set a hearing within 30 days to verify that the child, nonminor, or nonminor dependent has been discharged.

Amendment History

Rule 5.619 adopted effective January 1, 2024.

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: psychiatric residential treatment facility California juvenileJV-172 voluntary admission applicationPRTF review hearing dependency