Rule 5.682.Commencement of jurisdiction hearing—advisement of trial rights; admission, no contest, submission

Division 3. Juvenile Rules · Chapter 12. Cases Petitioned Under Section 300 · Article 2. Jurisdiction · Last amended 2021 · Last verified September 10, 2026

In one sentenceRule 5.682 requires the court to advise a parent of their trial rights before accepting an admission, no contest plea or submission, and lists the findings it must then make.

Full Text of Rule 5.682

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

(a) Rights explained (§§ 341, 353, 361.1)

After giving the advisement required by rule 5.534, the court must advise the parent or guardian of the following rights:

(1) The right to a hearing by the court on the issues raised by the petition; and

(2) The right, if the child has been removed, to have the child returned to the parent or guardian within two working days after a finding by the court that the child does not come within the jurisdiction of the juvenile court under section 300, unless the parent or guardian and the child welfare agency agree that the child will be released on a later date.

(b) Admission of allegations; prerequisites to acceptance

The court must then inquire whether the parent or guardian intends to admit or deny the allegations of the petition. If the parent or guardian neither admits nor denies the allegations, the court must state on the record that the parent or guardian does not admit the allegations. If the parent or guardian wishes to admit the allegations, the court must first find and state on the record that it is satisfied that the parent or guardian understands the nature of the allegations and the direct consequences of the admission, and understands and waives the rights in (a) and (e)(3).

An admission by the parent or guardian must be made personally by the parent or guardian.

(d) Admission, no contest, submission

The parent or guardian may elect to admit the allegations of the petition or plead no contest and waive further jurisdictional hearing. The parent or guardian may elect to submit the jurisdictional determination to the court based on the information provided to the court and choose whether to waive further jurisdictional hearing. If the parent or guardian submits to the jurisdictional determination in writing, Waiver of Rights—Juvenile Dependency (form JV-190) must be completed by the parent or guardian and counsel and submitted to the court.

(e) Findings of court (§ 356)

After admission, plea of no contest, or submission, the court must make the following findings noted in the order of the court:

(1) Notice has been given as required by law;

(2) The birthdate and county of residence of the child;

(3) The parent or guardian has knowingly and intelligently waived the right to a trial on the issues by the court, the right to assert the privilege against self-incrimination, and the right to confront and to cross-examine adverse witnesses and to use the process of the court to compel the attendance of witnesses on the parent or guardian’s behalf;

(4) The parent or guardian understands the nature of the conduct alleged in the petition and the possible consequences of an admission, plea of no contest, or submission;

(5) The admission, plea of no contest, or submission by the parent or guardian is freely and voluntarily made;

(6) There is a factual basis for the parent or guardian’s admission;

(7) Those allegations of the petition as admitted are true as alleged; or

(8) Whether the allegations of the petition as submitted are true as alleged; and

(9) The child is described by one or more specific subdivisions of section 300.

(f) Disposition

After accepting an admission, plea of no contest, or submission, the court must proceed to a disposition hearing under rule 5.690 or rule 5.697, if the youth will attain 18 years of age before the holding of the disposition hearing.

End

Plain-English Summary

Before anything else at the jurisdiction hearing, the court advises the parent or guardian of two rights: to a hearing by the court on the issues the petition raises, and — if the child has been removed — to have the child returned within two working days of a finding that the child does not come within juvenile court jurisdiction, unless the parent and the agency agree on a later date.

Then the court asks whether the parent intends to admit or deny. Saying nothing counts as not admitting, and the court must state that on the record. Before accepting an admission the court must find and state on the record that it is satisfied the parent understands the nature of the allegations and the direct consequences of admitting, and understands and waives the trial rights. The admission must come from the parent personally.

Three routes exist. A parent may admit the allegations, plead no contest and waive further hearing, or submit the jurisdictional determination on the information before the court — choosing separately whether to waive a further hearing. A written submission requires form JV-190, completed by the parent and counsel.

Nine findings must then be noted in the court’s order: that notice was given as required by law; the child’s birthdate and county of residence; that the parent knowingly and intelligently waived trial, the privilege against self-incrimination, and the rights to confront and cross-examine adverse witnesses and to compel witnesses of their own; that the parent understands the conduct alleged and the possible consequences; that the admission, plea or submission is free and voluntary; that there is a factual basis for it; that the admitted allegations are true as alleged, or whether the submitted allegations are true as alleged; and that the child is described by one or more specific subdivisions of section 300.

From there the court proceeds to disposition — or, where the youth will turn 18 before disposition is held, under the rule written for that situation.

Frequently Asked Questions

What is a parent told before admitting a petition?

That they have the right to a hearing by the court on the issues raised by the petition, and — if the child was removed — the right to have the child returned within two working days after a finding that the child does not come within juvenile court jurisdiction, unless the parent and the agency agree on a later date.

What happens if a parent neither admits nor denies?

The court must state on the record that the parent does not admit the allegations.

Can counsel admit on the parent’s behalf?

No. An admission by the parent or guardian must be made personally by the parent or guardian.

What is the difference between a no contest plea and a submission?

A no contest plea waives a further jurisdictional hearing. On a submission, the parent asks the court to decide the jurisdictional question on the information before it, and separately chooses whether to waive a further hearing. A written submission uses form JV-190.

What must the court find before accepting the admission?

Among other things, that the parent knowingly and intelligently waived trial, the privilege against self-incrimination and the confrontation and compulsory process rights, that they understand the conduct alleged and the consequences, that the plea is free and voluntary, and that there is a factual basis for it.

Amendment History

Rule 5.682 amended effective January 1, 2021; adopted as rule 1449 effective January 1, 1991; previously amended effective January 1, 2005, and January 1, 2017; amended and renumbered as rule 5.682 effective January 1, 2007.

(Subd (a) amended and relettered effective January 1, 2017; adopted as subd (b); previously amended effective January 1, 2005, and January 1, 2007.) (Subd (b) amended and relettered effective January 1, 2017; adopted as subd (c); previously amended effective January 1, 2007.) (Subd (c) relettered effective January 1, 2017; adopted as subd (d); previously amended effective January 1, 2007.) (Subd (d) amended and relettered effective January 1, 2017; adopted as subd (e); previously amended effective January 1, 2007.) (Subd (e) amended and relettered effective January 1, 2017; adopted as subd (f); previously amended effective January 1, 2007.) (Subd (f) amended effective January 1, 2021; adopted as subd (g); previously amended effective January 1, 2007; previously amended and relettered as subd (f) effective January 1, 2017.)

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: jurisdiction hearing admission dependency Californiaform JV-190 waiver of rights juvenile dependencyno contest plea dependency petitionsection 356 findings jurisdiction