Rule 5.668.Commencement of hearing—explanation of proceedings (§§ 316, 316.2)

Division 3. Juvenile Rules · Chapter 12. Cases Petitioned Under Section 300 · Article 1. Initial Hearing · Last amended 2020 · Last verified September 10, 2026

In one sentenceRule 5.668 sets out what the court must explain and ask at the start of the initial hearing — the petition, the consequences, the reunification clock, parentage, Indian child inquiry, and health and education information.

Full Text of Rule 5.668

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

(a) Commencement of hearing

At the beginning of the initial hearing on the petition, whether the child is detained or not detained, the court must give advisement as required by rule 5.534 and must inform each parent and guardian present, and the child, if present:

(1) Of the contents of the petition;

(2) Of the nature of, and possible consequences of, juvenile court proceedings;

(3) If the child has been taken into custody, of the reasons for the initial detention and the purpose and scope of the detention hearing; and

(4) If the petition is sustained and the child is declared a dependent of the court and removed from the custody of the parent or guardian, the court-ordered reunification services must be considered to have been offered or provided on the date the petition is sustained or 60 days after the child’s initial removal, whichever is earlier. The time for services must not exceed 12 months for a child three years of age or older at the time of the initial removal and must not exceed 6 months for a child who was under three years of age or who is in a sibling group in which one sibling was under three years of age at the time of the initial removal if the parent or guardian fails to participate regularly and make substantive progress in any court-ordered treatment program.

(b) Parentage inquiry

The court must also inquire of the child’s mother and of any other appropriate person present as to the identity and address of any and all presumed or alleged parents of the child as set forth in section 316.2.

(1) At the first appearance in court of each party, the court must ask each participant present at the hearing whether:

(A) The participant knows or has reason to know the child is an Indian child;

(B) The residence or domicile of the child, the child’s parents, or Indian custodian is on a reservation or in an Alaska Native village;

(D) Either parent or the child possess an identification card indicating membership or citizenship in an Indian tribe.

(2) The court must also instruct all parties to inform the court if they subsequently receive information that provides reason to know the child is an Indian child, and order the parents, Indian custodian, or guardian, if available, to complete Parental Notification of Indian Status (form ICWA-020).

(3) If there is reason to believe that the case involves an Indian child, the court must require the agency to proceed in accordance with section 224.2(e).

(4) If it is known, or there is reason to know, the case involves an Indian child, the court must proceed in accordance with rules 5.481 et seq. and treat the child as an Indian child unless and until the court determines on the record after review of the report of due diligence described in section 224.2(g) that the child does not meet the definition of an Indian child.

(d) Health and education information (§ 16010)

The court must order each parent and guardian present either to complete Your Child’s Health and Education (form JV-225) or to provide the information necessary for the social worker or probation officer, court staff, or representative of the local child welfare agency to complete the form. The social worker or probation officer assigned to the dependency matter must provide the child’s attorney with a copy of the completed form. Before each periodic status review hearing, the social worker or probation officer must obtain and include in the reports prepared for the hearing all information necessary to maintain the accuracy of form JV-225.

End

Plain-English Summary

The initial hearing opens with an explanation, whether or not the child is detained. On top of the general advisements, the court must tell each parent and guardian present, and the child if present, what the petition says, what juvenile court proceedings are and what they can lead to, and — if the child is in custody — why they were detained and what the detention hearing is for.

Then the court explains the clock, because it starts earlier than people expect. If the petition is sustained and the child is removed, court-ordered reunification services count as offered or provided from the date the petition is sustained or 60 days after the initial removal, whichever comes first. Services run up to 12 months for a child aged three or older at removal, and up to 6 months for a younger child, or for a child in a sibling group that included a child under three, where the parent fails to participate regularly and make substantive progress.

The court must also ask about parentage — the identity and address of every presumed or alleged parent — putting the question to the child’s mother and any other appropriate person present.

The Indian child inquiry is put to every participant at each party’s first appearance: whether they know or have reason to know the child is an Indian child; whether the child, the parents or the Indian custodian live or are domiciled on a reservation or in an Alaska Native village; whether the child is or ever was a ward of a tribal court; and whether either parent or the child holds a tribal identification card. Everyone is told to report later information, and the parents, Indian custodian or guardian are ordered to complete form ICWA-020. Reason to believe triggers the agency’s further inquiry; reason to know means the court proceeds under the ICWA rules and treats the child as an Indian child unless and until it determines on the record, after reviewing the due diligence report, that the child is not one.

Last, the court orders each parent and guardian present either to complete form JV-225 or to give the information for someone else to complete it. The child’s attorney gets a copy, and before every status review the agency must gather and include whatever is needed to keep the form accurate.

Frequently Asked Questions

What must the court explain at the initial hearing?

The contents of the petition; the nature and possible consequences of juvenile court proceedings; if the child is in custody, the reasons for detention and the purpose and scope of the detention hearing; and how the reunification services clock works.

When does the reunification clock start?

Court-ordered services are considered offered or provided on the date the petition is sustained or 60 days after the child’s initial removal, whichever is earlier.

How long can reunification services last?

Up to 12 months for a child three or older at initial removal. Up to 6 months for a child under three, or a child in a sibling group including a child under three, where the parent or guardian fails to participate regularly and make substantive progress in a court-ordered treatment program.

What does the court ask about Indian ancestry?

At each party’s first appearance, whether any participant knows or has reason to know the child is an Indian child; whether the child, parents or Indian custodian live or are domiciled on a reservation or in an Alaska Native village; whether the child is or has been a ward of a tribal court; and whether a parent or the child holds a tribal identification card. Form ICWA-020 is ordered completed.

What is form JV-225 for?

It records the child’s health and education information. Each parent and guardian present must complete it or provide the information for someone else to, the child’s attorney receives a copy, and it must be kept accurate before every periodic status review hearing.

Amendment History

Rule 5.668 amended effective January 1, 2020; repealed and adopted as rule 1441 effective January 1, 1998; previously amended and renumbered effective January 1, 2007; previously amended effective January 1, 1999, January 1, 2001, January 1, 2002, January 1, 2008, January 1, 2015, and January 1, 2017.

(Subd (a) amended effective January 1, 2017; adopted effective January 1, 1999; previously amended effective January 1, 2001, and January 1, 2007.) (Subd (b) amended effective January 1, 2017; adopted effective January 1, 1999; previously amended effective January 1, 2007, and January 1, 2015.) (Subd (C) adopted effective January 1, 2020.) (Subd (d) relettered effective January 1, 2020; adopted as subd (c) effective January 1, 2002; previously amended effective January 1, 2007 and January 1, 2008.)

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: initial hearing advisement dependency CaliforniaICWA inquiry first appearance juvenileform ICWA-020 parental notification of Indian statusform JV-225 child health and education