Rule 5.778.Commencement of hearing on section 601 or section 602 petition; right to counsel; advisement of trial rights; admission, no contest

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

In one sentenceRule 5.778 requires the petition to be read and the child’s trial rights explained before any admission, and lists the findings that follow one.

Full Text of Rule 5.778

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g)

(a) Petition read and explained (§ 700)

At the beginning of the jurisdiction hearing, the petition must be read to those present. On request of the child, or the parent, guardian, or adult relative, the court must explain the meaning and contents of the petition, the nature of the hearing, the procedures of the hearing, and possible consequences.

(b) Rights explained (§ 702.5)

After giving the advisement required by rule 5.534, the court must advise those present of each of the following rights of the child:

(1) The right to a hearing by the court on the issues raised by the petition;

(2) The right to assert the privilege against self-incrimination;

(3) The right to confront and to cross-examine any witness called to testify against the child; and

(4) The right to use the process of the court to compel the attendance of witnesses on the child’s behalf.

The court must then inquire whether the child intends to admit or deny the allegations of the petition. If the child neither admits nor denies the allegations, the court must state on the record that the child does not admit the allegations. If the child wishes to admit the allegations, the court must first find and state on the record that it is satisfied that the child understands the nature of the allegations and the direct consequences of the admission, and understands and waives the rights in (b).

(d) Consent of counsel—child must admit

Counsel for the child must consent to the admission, which must be made by the child personally.

(e) No contest

The child may enter a plea of no contest to the allegations, subject to the approval of the court.

(f) Findings of the court (§ 702)

On an admission or plea of no contest, the court must make the following findings noted in the minutes of the court:

(1) Notice has been given as required by law;

(2) The birthdate and county of residence of the child;

(3) The child has knowingly and intelligently waived the right to a hearing on the issues by the court, the right to confront and cross-examine adverse witnesses and to use the process of the court to compel the attendance of witnesses on the child’s behalf, and the right to assert the privilege against self-incrimination;

(4) The child understands the nature of the conduct alleged in the petition and the possible consequences of an admission or plea of no contest;

(5) The admission or plea of no contest is freely and voluntarily made;

(6) There is a factual basis for the admission or plea of no contest;

(7) Those allegations of the petition as admitted are true as alleged;

(8) The child is described by section 601 or 602; and

(9) In a section 602 matter, the degree of the offense and whether it would be a misdemeanor or felony had the offense been committed by an adult. If any offense may be found to be either a felony or misdemeanor, the court must consider which description applies and expressly declare on the record that it has made such consideration and must state its determination as to whether the offense is a misdemeanor or a felony. These determinations may be deferred until the disposition hearing.

(g) Disposition

After accepting an admission or plea of no contest, the court must proceed to disposition hearing under rules 5.782 and 5.785.

End

Plain-English Summary

The jurisdiction hearing opens with the petition read aloud to those present. On request of the child, parent, guardian or adult relative, the court must explain what the petition means and contains, what the hearing is, how it works, and what can come of it.

Then the rights, spelled out: to a hearing by the court on the issues the petition raises; to assert the privilege against self-incrimination; to confront and cross-examine any witness called against the child; and to use the court’s process to compel witnesses on the child’s own behalf.

The court asks whether the child admits or denies. Silence counts as not admitting, and the court says so on the record. Before accepting an admission the court must find and state on the record that the child understands the nature of the allegations and the direct consequences of admitting, and understands and waives those four rights. Counsel must consent, and the admission must be made by the child personally. A no contest plea is available with the court’s approval.

Nine findings then go in the minutes: notice given as required by law; the child’s birthdate and county of residence; a knowing and intelligent waiver of the hearing, the confrontation and compulsory process rights and the privilege; that the child understands the conduct alleged and the consequences; that the admission is free and voluntary; that there is a factual basis for it; that the admitted allegations are true; that the child is described by the status offense or delinquency statute; and, in a delinquency matter, the degree of the offense and whether an adult committing it would face a misdemeanor or a felony.

That last point carries its own requirement. Where an offense could be either, the court must consider which applies, expressly declare on the record that it has done so, and state its determination — though it may defer this to the disposition hearing.

Frequently Asked Questions

What rights must the child be told about before admitting?

The right to a hearing by the court on the issues raised by the petition, the privilege against self-incrimination, the right to confront and cross-examine adverse witnesses, and the right to use the court’s process to compel witnesses on the child’s behalf.

Can counsel admit the petition for the child?

No. Counsel must consent to the admission, but the admission must be made by the child personally.

What if the child says nothing?

The court must state on the record that the child does not admit the allegations.

Must the court decide whether an offense is a felony or a misdemeanor?

In a section 602 matter, yes, where the offense could be either. The court must consider which description applies, expressly declare on the record that it has done so, and state its determination — though this may be deferred to the disposition hearing.

Amendment History

Rule 5.778 amended and renumbered effective January 1, 2007; adopted as rule 1487 effective January 1, 199; previously amended 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.) (Subd (d) amended effective January 1, 2007.) (Subd (f) amended effective January 1, 2007; previously amended effective January 1, 1998.) (Subd (g) 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: admission delinquency petition Californiasection 702 findings admission juvenileadvisement of trial rights delinquencywobbler declaration juvenile felony misdemeanor