Rule 5.670.Initial hearing; detention hearings; time limit on custody; setting jurisdiction hearing; visitation (§§ 309, 311, 313, 315, 362.1)
Division 3. Juvenile Rules · Chapter 12. Cases Petitioned Under Section 300 · Article 1. Initial Hearing · Last amended 2017 · Last verified September 10, 2026
Full Text of Rule 5.670
Plain-English Summary
Where the social worker does not take the child into custody but decides a petition should be filed, the petition goes to the clerk as soon as possible and the clerk sets the initial hearing within 15 court days.
Where the child is in custody in one of three situations — taken into custody in another county and transported in on a protective custody warrant, taken into custody in the county that issued the warrant, or transferred in from another county’s juvenile court and ordered transported in custody — the detention hearing must be held as soon as possible and no later than 48 hours after the child arrives at a facility in the county, excluding noncourt days, unless the child is released sooner. The consequence of missing that deadline is stated plainly: the child must be released from custody immediately.
Visitation is not left until later. The court must consider contact between the child and others, decide whether it would be beneficial or detrimental pending the jurisdiction hearing, and make orders. It must also consider visitation with any sibling who was not placed with the child but was taken into custody with them or is otherwise under the court’s jurisdiction — and must order sibling visitation unless it finds, by clear and convincing evidence, that contact is contrary to the safety or well-being of either child.
Frequently Asked Questions
How soon is the initial hearing set when the child is not detained?
Within 15 court days. The social worker files the petition with the clerk as soon as possible, and the clerk sets the hearing.
How quickly must a detention hearing be held in a warrant or transfer case?
As soon as possible, and no later than 48 hours after the child arrives at a facility within the county, excluding noncourt days — unless the child has already been released.
What happens if the detention hearing is late?
If the hearing is not commenced within the time allowed, the child must be immediately released from custody.
Does the court order sibling visitation at this stage?
Yes. It must enter an order for visitation with any sibling not placed with the child who was taken into custody with them or is under the court’s jurisdiction, unless it finds by clear and convincing evidence that sibling interaction is contrary to the safety or well-being of either child.
Amendment History
Rule 5.670 amended effective January 1, 2017; repealed and adopted as rule 1442 effective January 1, 1998; previously amended and renumbered effective January 1, 2007; previously amended effective July 1, 2011.
(Subd (a) amended effective January 1, 2007.) (Subd (b) amended and relettered effective January 1, 2017; adopted as subd (e); previously amended effective January 1, 2007.) (Subd (c) relettered effective January 1, 2017; adopted as subd (g); previously amended effective January 1, 2007, and July 1, 2011.)