Rule 5.780.Contested hearing on section 601 or section 602 petition

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 5.780 governs the contested jurisdiction hearing, applying criminal evidence rules and proof beyond a reasonable doubt in a delinquency case.

Full Text of Rule 5.780

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

(a) Contested jurisdiction hearing (§ 701)

If the child denies the allegations of the petition, the court must hold a contested hearing to determine whether the allegations in the petition are true.

(b) Admissibility of evidence—general (§ 701)

In a section 601 matter, the admission and exclusion of evidence must be in accordance with the Evidence Code as it applies in civil cases. In a section 602 matter, the admission and exclusion of evidence must be in accordance with the Evidence Code as it applies in criminal cases.

Except as otherwise provided by law, the court must not read or consider any portion of a probation report relating to the contested petition before or during a contested jurisdiction hearing.

(d) Unrepresented children (§ 701)

If the child is not represented by counsel, objections that could have been made to the evidence must be deemed made.

(e) Findings of court—allegations true (§ 702)

If the court determines by a preponderance of the evidence in a section 601 matter, or by proof beyond a reasonable doubt in a section 602 matter, that the allegations of the petition are true, the court must make findings on each of the following, noted in the order:

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

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

(3) The allegations of the petition are true;

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

(5) In a section 602 matter, the degree of the offense and whether it would be a misdemeanor or a felony had the offense been committed by an adult. If any offense may be found to be either a felony or a 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.

(f) Disposition

After making the findings in (e), the court must then proceed to disposition hearing under rules 5.782 and 5.785.

(g) Findings of court—allegations not proved (§ 702)

If the court determines that the allegations of the petition have not been proved by a preponderance of the evidence in a 601 matter, or beyond a reasonable doubt in a 602 matter, the court must make findings on each of the following, noted in the order:

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

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

(3) The allegations of the petition have not been proved. The court must dismiss the petition and terminate detention orders related to this petition.

End

Plain-English Summary

If the child denies the allegations, the court holds a contested hearing to decide whether they are true. Which rules apply depends on the petition: in a status offense matter, the Evidence Code as it applies in civil cases; in a delinquency matter, the Evidence Code as it applies in criminal cases.

Two protections follow. Except as the law otherwise provides, the court must not read or consider any part of a probation report relating to the contested petition before or during the hearing. And where the child is not represented by counsel, objections that could have been made to the evidence are deemed made — the child does not lose a point for not knowing to raise it.

The standard of proof splits the same way: a preponderance of the evidence in a status offense matter, proof beyond a reasonable doubt in a delinquency matter. If the allegations are proved, the court makes findings on notice, the child’s birthdate and county of residence, the truth of the allegations, that the child is described by the governing statute, and — in a delinquency matter — the degree of the offense and whether it would be a misdemeanor or a felony for an adult, with the same express consideration required where it could be either.

If the allegations are not proved to the applicable standard, the court makes findings on notice, birthdate and county of residence, and that the allegations have not been proved — then dismisses the petition and terminates the detention orders related to it.

Frequently Asked Questions

What is the standard of proof in a delinquency trial?

Proof beyond a reasonable doubt in a section 602 matter. In a section 601 status offense matter it is a preponderance of the evidence.

Which evidence rules apply?

The Evidence Code as it applies in criminal cases for a section 602 matter, and as it applies in civil cases for a section 601 matter.

Can the judge read the probation report before the trial?

No. Except as otherwise provided by law, the court must not read or consider any portion of a probation report relating to the contested petition before or during the contested jurisdiction hearing.

What if the child has no lawyer?

Objections that could have been made to the evidence are deemed made.

Amendment History

Rule 5.780 amended and renumbered effective January 1, 2007; adopted as rule 1488 effective January 1, 1991; 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 (e) amended effective January 1, 2007; previously amended effective January 1, 1998.) (Subd (f) amended effective January 1, 2007.) (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: contested jurisdiction hearing delinquency Californiabeyond a reasonable doubt juvenile section 602probation report not read before trial juvenile