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§3.04 Explaining Process and Advising Parties of Their Rights

At the initial hearing, unless waived by counsel, you must read the petition to those present and inform them about [WIC §§316, 353; CRC 5.668(a)]:

  • The reasons for the detention (if the child was detained);
  • The purpose of the proceedings; and
  • What happens if the petition is sustained.

Advise the parties about and confirm that they understand their rights [WIC §§316, 316.1, 353; CRC 5.534(g), (k), (m), (n), (p)]:

  • To be represented by counsel at every stage of the proceeding unless waived, and to appointed counsel if indigent [WIC §§316, 317, 353; CRC 5.534(g)];
  • To assert the privilege against self-incrimination [WIC §311(b); CRC 5.534(k)(1)(A)];
  • To confront and cross-examine witnesses and persons who prepared reports or documents submitted to the court [CRC 5.534(k)(1)(B)];
  • To use court process to obtain witnesses [CRC 5.534(k)(1)(C)]; and
  • To present evidence [CRC 5.534(k)(1)(D)].

Also advise the parent or guardian that they must [WIC §316.1(a); CRC 5.534(m)]:

  • Provide a mailing address to the court; and
  • Notify the court, in writing, of any change of mailing address [see form JV-140].
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© 2006 by Judicial Council of California
updated as of January 1, 2012