Rule 5.684.Contested hearing on petition
Division 3. Juvenile Rules · Chapter 12. Cases Petitioned Under Section 300 · Article 2. Jurisdiction · Last amended 2021 · Last verified September 10, 2026
Full Text of Rule 5.684
Plain-English Summary
If the parent or guardian denies the allegations, the court holds a contested hearing and decides whether they are true. Evidence comes in and stays out according to the Evidence Code as it applies to civil cases, subject to the statutory exceptions and this rule.
The social study is admissible with the hearsay it contains, as the statute allows, and the county welfare department must give it to every party and their counsel a reasonable time before the hearing.
Two privileges do not survive in dependency court: the privilege not to testify or be called as a witness against a spouse or domestic partner, and the confidential marital communication privilege.
If the court finds the allegations true by a preponderance of the evidence, four findings go in the minutes: notice was given as required by law; the child’s birthdate and county of residence; the allegations are true; and the child is described by one or more subdivisions of section 300. The court then proceeds to disposition — or the rule for a youth turning 18 first — and may continue disposition as the statute allows.
If the allegations are not proved, the petition is dismissed and any detention orders are terminated. The child must be returned to the parent’s or guardian’s physical custody immediately and in any event within two working days of the finding, unless the parent and the agency with custody agree on a later date. The court records three findings: notice as required by law, the child’s birthdate and county of residence, and that the allegations are not proved.
Frequently Asked Questions
What standard of proof applies at the jurisdiction hearing?
A preponderance of the evidence. If the court so finds the allegations true, it makes the required findings and proceeds to disposition.
Which rules of evidence apply?
The Evidence Code as it applies to civil cases, except as provided by sections 355(c) and 355.1 and by this rule — which makes the social study admissible with its hearsay and removes the spousal privileges.
Can a spouse refuse to testify in a dependency case?
No. Neither the privilege not to testify or be called as a witness against a spouse or domestic partner, nor the confidential marital communication privilege, applies to dependency proceedings.
What happens if the petition is not proved?
The court dismisses the petition, terminates any detention orders, and orders the child returned to the parent’s or guardian’s physical custody immediately — in any event no more than two working days after the finding, unless the parent and the custodial agency agree on a later date.
Amendment History
Rule 5.684 amended effective January 1, 2021; adopted as rule 1450 effective January 1, 1991; previously amended effective July 1, 1997, January 1, 2005, and January 1, 2017; previously amended and renumbered as rule 5.684 effective January 1, 2007.
(Subd (a) amended effective January 1, 2007.) (Subd (b) amended effective January 1, 2017; previously amended effective July 1, 1997, and January 1, 2007.) (Subd (c) amended effective January 1, 2017; previously amended effective July 1, 1997, and January 1, 2007.) (Subd (d) relettered effective January 1, 2017; adopted as subd (e); previously amended effective July 1, 1997, and 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 July 1, 1997, and January 1, 2007; previously amended and relettered as subd (f) effective January 1, 2017.) (Subd (g) relettered effective January 1, 2017; adopted as subd (h); previously amended effective July 1, 1997, January 1, 2005, and January 1, 2007.)