§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
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.
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