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§4.05 Advisement of Rights

You must advise the child, parent, and guardian of their rights pursuant to CRC 5.534, including the right to counsel and to assert the privilege against self-incrimination. [See Part 1, §§3.04, 3.05.] Also advise the parent or guardian of [CRC 5.682(b)]:

  • The right to a hearing on all issues raised by the petition;
  • The right to confront and cross-examine all witnesses called to testify against the parent or guardian;
  • The right to use the court’s process to compel a witness to attend on the parent’s or guardian’s behalf; and
  • The right, if the child was removed, to have the child returned to the parent or guardian within two working days after a finding that the child does not come within the juvenile court's jurisdiction, unless the parent or guardian and the child welfare agency agree that the child will be released on a later date.

You may continue the hearing up to seven days to [WIC §353]:

  • Appoint counsel;
  • Allow counsel to familiarize himself or herself with the case; or
  • Decide whether a parent, guardian, or adult counsel cannot afford counsel.

Activiey


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