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III. INITIAL OR DETENTION HEARING

§3.01 Time of Hearing

[1] Child Detained
[2] Child Not Detained
[3] Continuances

[1] Child Detained

If a child is detained, you must hold a detention hearing to determine whether the detention should continue. You must hold the hearing as soon as possible, but no later than the next court day after the dependency petition was filed. Otherwise you must immediately release the child from custody. [WIC §315; CRC 5.670(d).] The petition must be filed within 48 hours of the detention [WIC §313(a); CRC 5.670(b)], so the hearing must be held within 48 hours plus one court day after the child is detained. ICWA notice provisions do not apply to extend the notice period for such emergency removals. [See WIC §§315, 224.2(d); CRC 5.482(a)(2), (3).]

Tip

[2] Child Not Detained

If a child is not detained, but DSS files a dependency petition, you must hold an initial hearing on the petition within 15 court days after the petition is filed. [CRC 5.670(a).]

[3] Continuances

On motion of the child, parent, or guardian, you must continue the detention hearing for one court day. If the child is detained, you must find that continuance in the home is contrary to the child's welfare. [WIC §§319(c), 322; CRC 5.550(c), 5.672(a).] Title IV-E also requires you to make special findings throughout dependency hearings whenever a child is removed.

Title IV-ECaution Title IV-E

You may grant a longer continuance if it is not contrary to the child’s best interests. The continuance must be based on a showing of good cause. Neither a stipulation, the convenience of the parties, a pending criminal prosecution, or a pending family law matter alone constitutes good cause. [WIC §352(a); CRC 5.550(a).]

For a form of continuance to use at detention hearings, see form JV-405.


   
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© 2006 by Judicial Council of California
updated as of January 1, 2012