Rule 5.795.Required determinations

Division 3. Juvenile Rules · Chapter 13. Cases Petitioned Under Sections 601 and 602 · Article 4. Disposition · Last amended 2007 · Last verified September 10, 2026

In one sentenceRule 5.795 requires the court to record the degree of the offense and, on removal, the maximum period of physical confinement.

Full Text of Rule 5.795

Text sizeJump to: (a) (b)

(a) Felony or misdemeanor (§ 702)

Unless determined previously, the court must find and note in the minutes the degree of the offense committed by the youth, and whether it would be a felony or a misdemeanor had it 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.

(b) Physical confinement (§ 726)

If the youth is declared a ward under section 602 and ordered removed from the physical custody of a parent or guardian, the court must specify and note in the minutes the maximum period of confinement under section 726.

End

Plain-English Summary

Two determinations that must appear in the minutes, and both matter later.

Unless it has already done so, the court must find and note the degree of the offense and whether it would be a felony or a misdemeanor if an adult had committed it. 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.

And where a youth is declared a ward in a delinquency matter and removed from a parent’s or guardian’s physical custody, the court must specify and note the maximum period of confinement.

Frequently Asked Questions

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

Yes, unless it has determined this previously. Where the offense could be either, the court must consider which description applies, expressly declare on the record that it has made that consideration, and state its determination.

What is the maximum period of confinement?

Where a youth declared a ward under section 602 is removed from a parent’s or guardian’s physical custody, the court must specify and note in the minutes the maximum period of confinement under section 726.

Amendment History

Rule 5.795 amended and renumbered effective January 1, 2007; adopted as rule 1494 effective January 1, 1991; previously amended effective January 1, 2001, and January 1, 2003.

(Subd (a) amended effective January 1, 2007; previously amended effective January 1, 2003.) (Subd (b) amended effective January 1, 2007; previously amended effective January 1, 2003.)

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: maximum period of confinement juvenile Californiafelony misdemeanor determination section 702required determinations disposition delinquency