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§5.02 Time of Hearing

[1] In General
[2] Continuances

[1] In General

Depending on local legal culture, the disposition hearing may be heard immediately after the jurisdiction hearing. [See WIC §358(a), (b).]

[2] Continuances

If the disposition hearing is not held immediately after the jurisdiction hearing (for example, when the disposition is contested or reunification services are not sought), you may continue the disposition hearing for a period not to exceed:

  • 10 court days if the child is detained and DSS does not seek a “no reunification services” order under WIC §361.5(b) [WIC §358(a)(1); CRC 5.686(a)];
  • 30 calendar days after the jurisdictional finding if the child is not detained, plus an additional 15 days for good cause [WIC §358(a)(2); CRC 5.686(a)]; or
  • 30 calendar days if DSS does seek a “no reunification services” order [WIC §358(a)(3); CRC 5.686(b); see Part 2, §5.18].

If the child is detained, a continuance may not [WIC §352(b); CRC 5.550(a)(3)]:

  • Delay the disposition hearing for more than 60 calendar days after the detention hearing unless there are exceptional circumstances; or
  • Cause the disposition hearing to be completed more than six months after the detention hearing.

Review Question Review Question

If a child was removed from the parent’s custody but the disposition hearing is not held immediately after the jurisdiction hearing, the disposition hearing must be set for hearing:

  • Within 10 court days of the jurisdiction hearing if DSS does not seek a “no reunification services” order; or
  • Within 30 calendar days of the jurisdiction hearing if DSS seeks a “no reunification services” order.

True
False


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