Rule 5.785.General conduct of hearing

Division 3. Juvenile Rules · Chapter 13. Cases Petitioned Under Sections 601 and 602 · Article 4. Disposition · Last amended 2021 · Last verified September 10, 2026

In one sentenceRule 5.785 requires a social study before a delinquency disposition, and a case plan wherever foster care is in prospect.

Full Text of Rule 5.785

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

(a) Social study (§§ 280, 702, 706.5)

The probation officer must prepare a social study of the child, which must contain all matters relevant to disposition, including any parole status information, and a recommendation for disposition.

(1) In any case in which the probation officer is recommending placement in foster care or in which the child is already in foster care placement or pending placement under an earlier order, the social study must include a case plan as described in (c).

(2) The probation officer must submit the social study and copies of it to the clerk at least 48 hours before the disposition hearing is set to begin, and the clerk must make the copies available to the parties and attorneys. A continuance of up to 48 hours must be granted on the request of a party who has not been furnished a copy of the social study in accordance with this rule.

(b) Evidence considered (§ 706)

The court must receive in evidence and consider the social study and any relevant evidence offered by the petitioner, the child, or the parent or guardian. The court may require production of other relevant evidence on its own motion. In the order of disposition the court must state that the social study has been read and considered by the court.

When a child is detained and is at risk of entering foster care placement, the probation officer must prepare a case plan.

(1) The plan must be completed and filed with the court by the date of disposition or within 60 calendar days of initial removal, whichever occurs first.

(2) The court must consider the case plan and must find as follows:

(A) The probation officer solicited and integrated into the case plan the input of the child, the child’s family, in a case described by rule 5.480(2)(A)–(C) the child’s identified Indian tribe, and other interested parties; or

(B) The probation officer did not solicit and integrate into the case plan the input of the child, the child’s family, in a case described by rule 5.480(2)(A)–(C) the child’s identified Indian tribe, and other interested parties. If the court finds that the probation officer did not solicit and integrate into the case plan the input of the child, the child’s family, the child’s identified Indian tribe, and other interested parties, the court must order that the probation officer solicit and integrate into the case plan the input of the child, the child’s family, in a case described by rule 5.480(2)(A)–(C) the child’s identified Indian tribe, and other interested parties, unless the court finds that each of these participants was unable, unavailable, or unwilling to participate.

(3) For a child 12 years of age or older and in a permanent placement, the court must consider the case plan and must find as follows:

(A) The child was given the opportunity to review the case plan, sign it, and receive a copy; or

(B) The child was not given the opportunity to review the case plan, sign it, and receive a copy. If the court makes such a finding, the court must order the probation officer to give the child the opportunity to review the case plan, sign it, and receive a copy, unless the court finds that the child was unable, unavailable, or unwilling to participate.

(4) If the probation officer believes that the child will be able to return home through reasonable efforts by the child, the parents or guardian, and the probation officer, the case plan must include the elements described in section 636.1(b).

(5) If the probation officer believes that foster care placement is the most appropriate disposition for the child, the case plan must include all of the information required by section 706.6.

End

Plain-English Summary

The probation officer prepares a social study containing everything relevant to disposition — parole status information included — with a recommendation. Where placement in foster care is recommended, or the child is already in or headed for such a placement under an earlier order, the study must include a case plan.

The study and its copies go to the clerk at least 48 hours before the hearing, and the clerk makes them available to the parties and attorneys. A party who was not given a copy is entitled to a continuance of up to 48 hours on request.

The court must receive and consider the study and any relevant evidence from the petitioner, the child or the parent, may require other evidence on its own motion, and must state in the disposition order that the study was read and considered.

Where a detained child is at risk of entering foster care, the case plan is filed by the date of disposition or within 60 calendar days of initial removal, whichever comes first. The court then makes paired findings: either the probation officer sought and integrated the input of the child, the family, an identified Indian tribe where the ICWA rules apply, and other interested parties — or they did not, in which case the court orders it done, unless each participant was unable, unavailable or unwilling. For a child of 12 or older in a permanent placement, the court makes the same kind of paired finding about the chance to review, sign and receive a copy of the plan.

What the plan must contain depends on where the case is going. If the probation officer believes reasonable efforts by the child, the parents and the officer can bring the child home, the plan carries the statutory reunification elements. If foster care is the most appropriate disposition, it carries the full statutory placement content.

Frequently Asked Questions

When must the social study be available before a delinquency disposition?

At least 48 hours before the hearing is set to begin. A party who was not furnished a copy must be granted a continuance of up to 48 hours on request.

When is a case plan required in a delinquency case?

Where the probation officer recommends foster care placement, where the child is already in foster care or pending placement under an earlier order, or where a detained child is at risk of entering foster care.

Who has to be consulted on the case plan?

The child, the child’s family, the child’s identified Indian tribe in a case where the ICWA rules apply, and other interested parties. If the probation officer did not seek and integrate their input, the court must order it done — unless each participant was unable, unavailable or unwilling to take part.

Amendment History

Rule 5.785 amended effective January 1, 2021; adopted as rule 1492 effective January 1, 1991; previously amended effective July 1, 2002, and July 1, 2013; previously amended and renumbered effective January 1, 2007.

(Subd (a) amended effective January 1, 2007; previously amended effective July 1, 2002.) (Subd (b) amended effective July 1, 2002.) (Subd (c) amended effective January 1, 2021; adopted effective July 1, 2002; previously amended effective January 1, 2007, and July 1, 2013.)

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: delinquency disposition social study Californiaprobation case plan section 706.6section 706 evidence considered disposition