Rule 5.776.Grounds for continuance of jurisdiction hearing

The standard is strict and stated twice over: a continuance may be granted only on a showing of good cause, and only for the time shown to be necessary. A stipulation between counsel and the convenience of the parties are not, by themselves, good cause.

The mechanics match. Written notice with supporting documents must be filed and served on all parties at least two court days before the hearing, unless the court finds good cause for the failure — and, absent a waiver of time, a child may not be detained beyond the statutory limits. The court must state in its order the facts requiring the continuance. Where the child is represented and no objection is made to setting or continuing the hearing beyond the limits, consent is implied.

Some continuances are mandatory. The court must grant a reasonable period to let the child and the parent, guardian or adult relative prepare, and up to seven calendar days to appoint counsel, to let counsel get acquainted with the case, or to determine whether the family can afford counsel.

One is discretionary and narrow: up to seven calendar days to let the petitioner subpoena witnesses where the child made an extrajudicial admission and now denies it, or signalled an intention to admit and then denies the allegations at the hearing.

And one is different in kind. In a section 602 case the court may, with the consent of the child and the parent or guardian, continue the jurisdiction hearing for six months — ordering the child and parent into a program of supervision and ordering the parent to take part with the child in counseling or education. That is a diversion built into the continuance power.