Rule 5.790.Orders of the court

The first task is the felony-or-misdemeanor question, if it has not already been answered. Where an offense could be either, the court must consider which applies, expressly declare on the record that it has, and state its finding.

Then three choices: dismiss the petition in the interests of justice and the child’s welfare, or because the child needs no treatment or rehabilitation, with reasons in the minutes; place the child on probation for no more than six months without declaring wardship; or declare the child a ward.

Probation, with or without wardship, carries reasonable terms — and three conditions are effectively presumed. Unless the court finds and states its reasons that a condition is inappropriate, it must require the child to attend school, require the parent to take part with the child in a counseling or education program, and require the child to be at home between 10:00 p.m. and 6:00 a.m. unless accompanied by a parent, guardian or adult custodian.

While a child is a ward the court may make custody and visitation orders, which last until the juvenile court changes them; when wardship ends it may make an exit custody order.

Removal requires one of three findings: the parent or guardian has failed or neglected to provide, or cannot provide, proper maintenance, training and education; the child has been on probation in that custody and failed to reform; or the child’s welfare requires removal.

Where the court puts the child under probation supervision for placement, it must order the department to ensure reunification services — to facilitate a safe return home or a permanent placement, and to address the child’s needs while in foster care. Services may be withheld only on clear and convincing evidence that a statutory exception applies.

Family finding is checked here too. Where the child is detained and at risk of foster care, or within 30 days of a placement order, the court must consider and determine whether the probation officer exercised due diligence in identifying, locating and notifying kin — the mandatory activities are required, the additional ones may be weighed — and must document the determination on the record. Where diligence is lacking, the court may order the work done, excluding anyone identified as inappropriate to notify, and require a report.

Wardship orders are broad: any reasonable order for the ward’s care, supervision, custody, conduct, maintenance, support and medical treatment. The court may place the ward on probation without supervision, or under supervision at home. Where it removes custody it must authorise placement, and the choice must take account of four factors: that the setting is safe; that it is the least restrictive or most family-like environment appropriate and available; that it is close to the parent’s home; and that it best suits the child’s special needs and best interest — considering, in order of priority, relatives, tribal members, foster family, group care and residential treatment.

The court may limit a parent’s control, specifying every limitation clearly, and must consider whether to limit educational or developmental-services decisionmaking rights. And where a child or nonminor is detained pending the implementation of a disposition order, the court must review the case at least every 15 days for as long as the detention lasts.