Rule 5.768.Report of probation officer

Division 3. Juvenile Rules · Chapter 13. Cases Petitioned Under Sections 601 and 602 · Article 2. Hearing on Transfer of Jurisdiction to Criminal Court · Last amended 2023 · Last verified September 10, 2026

In one sentenceRule 5.768 requires a probation report on the youth’s behavioral patterns and social history before a transfer hearing, delivered at least two court days in advance.

Full Text of Rule 5.768

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

(a) Contents of report (§ 707)

The probation officer must prepare and submit to the court a report on the behavioral patterns and social history of the youth being considered. The report must include information relevant to the determination of whether the youth should be retained under the jurisdiction of the juvenile court or transferred to the jurisdiction of the criminal court, including information regarding all of the criteria in section 707(a)(3). The report must also include any written or oral statement offered by the victim pursuant to section 656.2.

(b) Recommendation of probation officer (§§ 281, 707)

If the court, under section 281, orders the probation officer to include a recommendation, the probation officer must make a recommendation to the court as to whether the youth should be retained under the jurisdiction of the juvenile court or transferred to the jurisdiction of the criminal court.

The probation officer’s report on the behavioral patterns and social history of the youth must be furnished to the youth, the parent or guardian, and all counsel at least two court days before commencement of the hearing on the motion. A continuance of at least 24 hours must be granted on the request of any party who has not been furnished the probation officer’s report in accordance with this rule.

End

Plain-English Summary

The transfer decision rests on a report. The probation officer must prepare and submit one on the behavioral patterns and social history of the youth, covering everything relevant to whether they should stay in juvenile court or go to criminal court — including information on every statutory criterion. Any written or oral statement offered by the victim goes in as well.

A recommendation is not automatic. The probation officer must recommend for or against transfer only where the court orders one.

The report must reach the youth, the parent or guardian and all counsel at least two court days before the hearing begins — and a party who did not get it in time is entitled to a continuance of at least 24 hours on request.

Frequently Asked Questions

What must the probation report cover before a transfer hearing?

The youth’s behavioral patterns and social history, information relevant to whether they should be retained in juvenile court or transferred, including all the criteria in section 707(a)(3), and any written or oral statement offered by the victim.

Does the probation officer recommend an outcome?

Only where the court orders it under section 281. Then the officer must recommend whether the youth should be retained in juvenile court or transferred.

When must the report be provided?

At least two court days before the hearing begins, to the youth, the parent or guardian and all counsel. A party who was not furnished the report must be granted a continuance of at least 24 hours on request.

Amendment History

Rule 5.768 amended effective January 1, 2023; adopted as rule 1481 effective January 1, 1991; previously amended and renumbered effective January 1, 2007; previously amended effective May 22, 2017.

(Subd (a) amended effective January 1, 2023; previously amended effective January 1, 2007, and previously amended effective May 22, 2017.) (Subd (b) amended effective January 1, 2023; previously amended effective January 1, 2007; previously amended effective May 22, 2017.) (Subd (c) amended effective January 1, 2023; previously amended effective January 1, 2007; previously amended effective May 22, 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: probation report transfer hearing juvenilesection 707 social history reportvictim statement transfer hearing juvenile