Rule 5.672.Continuances

Division 3. Juvenile Rules · Chapter 12. Cases Petitioned Under Section 300 · Article 1. Initial Hearing · Last amended 2007 · Last verified September 10, 2026

In one sentenceRule 5.672 gives the child, parent or guardian a one-court-day continuance of the detention hearing as of right, and says what happens to custody while it is continued.

Full Text of Rule 5.672

Text sizeJump to: (a) (b)

(a) Detention hearing; right to one-day continuance; custody pending continued

hearing (§§ 319, 322)

On motion of the child, parent, or guardian, the court must continue the detention hearing for one court day. Unless otherwise ordered by the court, the child must remain detained pending completion of the detention hearing or a rehearing. The court must either find that continuance in the home of the parent or guardian is contrary to the child’s welfare or order the child released to the custody of the parent or guardian. The court may enter this finding on a temporary basis, without prejudice to any party, and reevaluate the finding at the time of the continued detention hearing.

(b) Initial hearing; child not detained

If the child is not detained, motions for continuances of the initial hearing must be made and ruled on under rule 5.550.

End

Plain-English Summary

A detention hearing arrives fast, and this rule builds in time to prepare. On the motion of the child, a parent or a guardian, the court must continue the detention hearing for one court day. No showing is required.

While the continuance runs, the child remains detained unless the court orders otherwise. But the court cannot simply leave the question open: it must either find that staying in the parent’s or guardian’s home is contrary to the child’s welfare, or order the child released to that parent or guardian. It may make the finding on a temporary basis without prejudice to any party, and reconsider it at the continued hearing.

Where the child is not detained, continuances of the initial hearing follow the general continuance rule instead.

Frequently Asked Questions

Is a continuance of the detention hearing discretionary?

No. On motion of the child, parent or guardian, the court must continue the detention hearing for one court day.

Does the child stay in custody during the continuance?

Unless the court orders otherwise, yes. But the court must either find that continuance in the home is contrary to the child’s welfare or order the child released to the parent or guardian.

Can that finding be revisited?

Yes. The court may enter it on a temporary basis, without prejudice to any party, and reevaluate it at the continued detention hearing.

What if the child is not detained?

Motions to continue the initial hearing are made and ruled on under the general continuance rule, rule 5.550.

Amendment History

Rule 5.672 amended and renumbered effective January 1, 2007; repealed and adopted as rule 1443 effective January 1, 1998; previously amended effective July 1, 2002.

(Subd (a) amended effective January 1, 2007; previously amended effective July 1, 2002.) (Subd (b) amended effective January 1, 2007; previously amended effective July 1, 2002.)

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: one day continuance detention hearingdetention hearing continuance California juvenilesection 322 continuance dependency