RulesofCivilProcedure.com Civil Procedure · Every State

Rule 5.756.Conduct of detention hearing

Division 3. Juvenile Rules · Chapter 13. Cases Petitioned Under Sections 601 and 602 · Article 1. Initial Appearance · Last amended 2007 · Last verified September 10, 2026

In one sentenceRule 5.756 gives the child and parents the right to inspect the reports the court will rely on at a detention hearing, and lets the court decide on those documents alone.

Full Text of Rule 5.756

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

(a) Right to inspect (§ 827)
The child, the parent, the guardian, and counsel are permitted to inspect and receive copies of police reports, probation reports, and any other documents filed with the court or made available to the probation officer in preparing the probation recommendations.
(b) Examination by court (§ 635)
Subject to the child’s privilege against self-incrimination, the court may examine the child, the parent, the guardian, and any other person present who has knowledge or information relevant to the issue of detention and must consider any relevant evidence that the child, the parent, the guardian, or counsel presents.
(c) Evidence required
The court may base its findings and orders solely on written police reports, probation reports, or other documents.
End

Plain-English Summary

Three short provisions, and the first is the important one. The child, the parent, the guardian and counsel are permitted to inspect and receive copies of police reports, probation reports, and any other document filed with the court or made available to the probation officer in preparing recommendations. Nothing the court will read is hidden from the people it concerns.

The court may examine the child, a parent, a guardian or anyone else present with relevant knowledge — subject to the child’s privilege against self-incrimination — and must consider any relevant evidence the child, parent, guardian or counsel puts forward.

And it may base its findings and orders solely on written police reports, probation reports or other documents. That is why the right to inspect them matters.

Frequently Asked Questions

Can a parent see the probation report before the detention hearing?

Yes. The child, the parent, the guardian and counsel may inspect and receive copies of police reports, probation reports, and any other documents filed with the court or made available to the probation officer in preparing recommendations.

Can the court decide detention on paperwork alone?

Yes. The court may base its findings and orders solely on written police reports, probation reports, or other documents.

Can the child be questioned at the detention hearing?

The court may examine the child, subject to the child’s privilege against self-incrimination, and must consider any relevant evidence presented by the child, parent, guardian or counsel.

Amendment History

Rule 5.756 amended and renumbered effective January 1, 2007; repealed and adopted as rule 1473 effective January 1, 1998.

(Subd (a) amended effective January 1, 2007.) (Subd (b) amended effective January 1, 2007.)

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: right to inspect probation report detention hearingsection 635 examination detention hearingdelinquency detention hearing conduct California