Rule 5.762.Detention rehearings
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
Full Text of Rule 5.762
Plain-English Summary
Where the court orders a child detained and no parent or guardian was present or had actual notice, that parent or guardian may file an affidavit alleging the failure of notice and asking for a rehearing. The clerk must set it within 24 hours of the filing, excluding noncourt days, and the court then proceeds under the detention rules again.
Two situations close the door. Where the court determines the parent or guardian received adequate notice and simply failed to appear, a request for a rehearing must be denied — unless the court finds the absence was for good cause. And where the parent or guardian was notified and the people who prepared the reports the court relied on were present or otherwise available for cross-examination, there is no right to a rehearing at all.
Frequently Asked Questions
What if a parent was never told about the detention hearing?
The parent or guardian may file an affidavit alleging the failure of notice and requesting a detention rehearing. The clerk must set the rehearing within 24 hours of the filing, excluding noncourt days.
Can a parent who was notified but did not attend get a rehearing?
No, absent a finding that the failure to appear was due to good cause.
When is there no right to a rehearing?
Where the parent or guardian received notice and the preparers of the reports or documents the court relied on were present at court or otherwise available for cross-examination.
Amendment History
Rule 5.762 amended and renumbered effective January 1, 2007; repealed and adopted as rule 1476 effective January 1, 1998.
(Subd (a) amended effective January 1, 2007.) (Subd (b) amended effective January 1, 2007.) (Subd (c) amended effective January 1, 2007.)