Rule 5.620.Orders after filing under section 300

Division 3. Juvenile Rules · Chapter 8. General Court Authority · Last amended 2025 · Last verified September 10, 2026

In one sentenceRule 5.620 sets out what the court may order once a dependency petition is filed — exclusive jurisdiction over custody, restraining orders, placement with a noncustodial parent, and guardianship.

Full Text of Rule 5.620

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

(a) Exclusive jurisdiction (§ 304)

Once a petition has been filed alleging that a child is described by section 300, and until the petition is dismissed or dependency is terminated, the juvenile court has exclusive jurisdiction to hear proceedings relating to the custody of the child and visitation with the child and establishing a legal guardianship for the child.

(b) Restraining orders (§ 213.5)

After a petition has been filed under section 300, and until the petition is dismissed or dependency is terminated, the court may issue restraining orders as provided in rule 5.630. A temporary restraining order must be prepared on Temporary Restraining Order—Juvenile (form JV-250). An order after hearing must be prepared on Juvenile Restraining Order After Hearing (form JV-255).

If the court sustains a petition, finds that the child is described by section 300, and removes physical custody from a parent or guardian, it may order the child placed in the custody of a previously noncustodial parent as described in rule 5.695(a)(7)(A) or (B).

(1) This order may be entered at the dispositional hearing, at any subsequent review hearing under rule 5.708(k), or on granting a request under section 388 for custody and visitation orders.

(2) If the court orders legal and physical custody to the previously noncustodial parent and terminates dependency jurisdiction under rule 5.695(a)(7)(A), the court must proceed under rule 5.700.

(3) If the court orders custody to the noncustodial parent subject to the continuing supervision of the court, the court may order services provided to either parent or to both parents under section 361.2(b)(3). If the court orders the provision of services, it must review its custody determination at each subsequent hearing held under section 366 and rule 5.708.

(d) Appointment of a legal guardian of the person (§§ 360, 366.26)

If the court finds that the child is described by section 300, it may appoint a legal guardian at the disposition hearing, as described in section 360(a) and rule 5.695(a), or at the hearing under section 366.26, as described in that section and rule 5.735. The juvenile court maintains jurisdiction over the guardianship, and a petition to terminate or modify that guardianship must be heard in juvenile court under rule 5.740(c).

(e) Termination or modification of previously established probate guardianships

(§ 728)

At any time after the filing of a petition under section 300 and until the petition is dismissed or dependency is terminated, the court may terminate or modify a guardianship of the person previously established under the Probate Code. The social worker may recommend to the court in a report accompanying an initial or supplemental petition that an existing probate guardianship be modified or terminated. The probate guardian or the child’s attorney may also file a motion to modify or terminate an existing probate guardianship.

(1) The hearing on the petition or motion may be held simultaneously with any regularly scheduled hearing regarding the child. The notice requirements in section 294 apply.

(2) If the court terminates or modifies a previously established probate guardianship, the court must provide notice of the order to the probate court that made the original appointment. The clerk of the probate court must file the notice in the probate file and send a copy of the notice to all parties of record identified in that file.

End

Plain-English Summary

Filing the petition changes where custody is decided. From that moment until the petition is dismissed or dependency terminated, the juvenile court has exclusive jurisdiction over proceedings relating to the child’s custody and visitation and over establishing a legal guardianship.

Restraining orders are available throughout, on the juvenile forms — a temporary order and an order after hearing — under the procedures in rule 5.630.

Where the court sustains the petition and removes custody from a parent, it may place the child with a previously noncustodial parent. That order can come at disposition, at a later review, or on a granted modification request. If the court gives that parent legal and physical custody and terminates dependency, it proceeds under the exit rule. If it gives custody subject to continuing supervision, it may order services to either or both parents — and must then review the custody determination at every subsequent review hearing.

Guardianship may be appointed at disposition or at the section 366.26 hearing, and the juvenile court keeps jurisdiction over it — a petition to terminate or modify must be heard there. The court may also terminate or modify a guardianship previously established under the Probate Code, on the social worker’s recommendation or a motion by the probate guardian or the child’s attorney, with notice to the probate court afterwards.

Frequently Asked Questions

Who decides custody once a dependency petition is filed?

The juvenile court, exclusively — over custody, visitation, and establishing a legal guardianship — until the petition is dismissed or dependency is terminated.

Can my child be placed with the other parent?

Yes. Where the court sustains the petition and removes physical custody, it may place the child with a previously noncustodial parent, at disposition, at a later review hearing, or on a granted section 388 request.

What happens to an existing probate guardianship?

The juvenile court may terminate or modify it at any time after the petition is filed, and must then notify the probate court that made the original appointment.

Amendment History

Rule 5.620 amended effective January 1, 2025; adopted as rule 1429.1 effective January 1, 2000; previously amended and renumbered as rule 5.620 effective January 1, 2007; previously amended effective January 1, 2014, January 1, 2016, January 1, 2021, and January 1, 2023.

(Subd (a) amended effective January 1, 2021; previously amended effective January 1, 2016.) (Subd (b) amended effective January 1, 2025; previously amended effective January 1, 2007, January 1, 2014, and January 1, 2023.) (Subd (c) amended effective January 1, 2016; previously amended effective January 1, 2007.) (Subd (d) amended effective January 1, 2021; previously amended effective January 1, 2007.) (Subd (e) amended effective January 1, 2021; previously 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: orders after dependency petition Californiaexclusive jurisdiction custody 304placement with noncustodial parent 361.2