California Family and Juvenile Rules

Rule 5.40. Filing fees

The amount of money required to pay filing fees in family court is established by the Uniform Civil Fees and Standard Fee Schedule Act of 2005 under Government Code section 70670 et seq. and is subject to change. The act covers fees the court may charge parties to file the first papers in a family law proceeding, motions, or other papers requiring a hearing. It also covers filing fees that courts may charge in proceedings relating to child custody or visitation (parenting time) to cover the costs of maintaining mediation services under Family Code section 3160 et seq.

Family and juvenile proceedings only; a general Superior Court assignment does not establish a personal family/juvenile assignment. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

Source page 15

Rule 5.524. Form of petition; notice of hearing

(1) When the petition is filed, the probation officer or social worker must serve a notice of hearing under section 290.1, with a copy of the petition attached. On filing of the petition, the clerk must issue and serve notice as prescribed in section 290.2, along with a copy of the petition. CASA volunteers are entitled to the same notice as stated in sections 290.1 and 290.2. Notice under sections 290.1 and 290.2 may not be served electronically.

Family and juvenile proceedings only; a general Superior Court assignment does not establish a personal family/juvenile assignment. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

Source page 294

Rule 5.393. Setting trials and long-cause hearings

During the conference, each party must provide an estimate of the amount of time that will be needed to complete the trial or long-cause hearing. The estimate must take into account the time needed to examine witnesses and introduce evidence at the trial.

Family and juvenile proceedings only; a general Superior Court assignment does not establish a personal family/juvenile assignment. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

Source page 187

Rule 5.550. Continuances

(4) In order to obtain a continuance, written notice with supporting documents must be filed and served on all parties at least two court days before the date set for hearing, unless the court finds good cause for hearing an oral motion.

Family and juvenile proceedings only; a general Superior Court assignment does not establish a personal family/juvenile assignment. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

Source page 323

Rule 5.649. Right to make educational or developmental-services decisions

Following the dispositional hearing and each statutory review hearing, the party that has requested a modification, limitation, or restoration of educational or developmental-services decisionmaking rights must complete form JV-535 and any required attachments to reflect the court’s orders and submit the completed form within five court days for the court’s review and signature. If there has been no request for modification, limitation, or restoration of educational or developmental- services decisionmaking rights, or there are no required updates to contact or other information, there is no need to file a new form JV-535. If a new form JV-535 is filed, the most recent Attachment to Order Designating Educational Rights Holder (form JV-535(A)) must be attached. The court may instead direct the appropriate party to attach a new form JV-535(A) to document the court’s findings and orders.

Family and juvenile proceedings only; a general Superior Court assignment does not establish a personal family/juvenile assignment. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

Source page 432

Rule 5.810. Reviews, hearings, and permanency planning

At any status review hearing before the first permanency hearing, the court must order the return of the ward to the parent or guardian unless it finds the probation department has established by a preponderance of evidence that return would create a substantial risk of detriment to the safety, protection, or physical or emotional well-being of the ward. The probation department has the burden of establishing that detriment. In making its determination, the court must review and consider all reports submitted to the court and must consider the efforts and progress demonstrated by the child and the family and the extent to which the child availed himself or herself of the services provided.

Family and juvenile proceedings only; a general Superior Court assignment does not establish a personal family/juvenile assignment. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

Source page 607

Rule 5.690. General conduct of disposition hearing

Notwithstanding any other law, if a minor has been removed from the custody of the parents or Indian custodians or guardians, a continuance may not be granted that would result in the dispositional hearing, held under section 361, being completed more than 60 days, or 30 days in the case of an Indian child, after the hearing at which the minor was ordered removed or detained, unless the court finds that there are exceptional circumstances requiring a continuance. If the court knows or has reason to know that the child is an Indian child, the absence of the opinion of a qualified expert witness must not, in and of itself, support a finding that exceptional circumstances exist.

Family and juvenile proceedings only; a general Superior Court assignment does not establish a personal family/juvenile assignment. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

Source page 501

Rule 5.555. Hearing to consider termination of juvenile court jurisdiction over a

(4) The social worker’s or probation officer’s report and all documents required by (2)–(3) must be filed with the court at least 10 calendar days before the hearing, and the social worker or probation officer must provide copies of the report and other documents to the nonminor, the nonminor’s parent, and all attorneys of record. If the nonminor is under juvenile court jurisdiction as a nonminor dependent, the social worker or probation officer is not required to provide copies of the report and other documents to the nonminor dependent’s parent, unless the parent is receiving court-ordered family reunification services.

Family and juvenile proceedings only; a general Superior Court assignment does not establish a personal family/juvenile assignment. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

Source page 337

Rule 5.672. Continuances

On motion of the child, parent, or guardian, the court must continue the detention hearing for one court day. Unless otherwise ordered by the court, the child must remain detained pending completion of the detention hearing or a rehearing. The court must either find that continuance in the home of the parent or guardian is contrary to the child’s welfare or order the child released to the custody of the parent or guardian. The court may enter this finding on a temporary basis, without prejudice to any party, and reevaluate the finding at the time of the continued detention hearing.

Family and juvenile proceedings only; a general Superior Court assignment does not establish a personal family/juvenile assignment. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

Source page 485

Rule 5.770. Conduct of transfer of jurisdiction hearing under section 707

(2) An order denying a motion to transfer jurisdiction of a youth to the criminal court is not an appealable order. Appellate review of the order is by petition for extraordinary writ. Any petition for review of a judge’s order denying a motion to transfer jurisdiction of the child to the criminal court, or denying an application for rehearing of the referee’s determination not to transfer jurisdiction of the child to the criminal court, must be filed no later than 20 days after the judge’s order is entered, or the referee’s order becomes final under rule 5.540(c).

Family and juvenile proceedings only; a general Superior Court assignment does not establish a personal family/juvenile assignment. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

Source page 575

Rule 5.167. Service of application; temporary restraining orders

A party seeking emergency orders and a party providing written opposition must serve the papers on the other party or on the other party’s attorney at the first reasonable opportunity before the hearing. Absent exceptional circumstances, no hearing may be conducted unless such service has been made. The court may waive this requirement in extraordinary circumstances if good cause is shown that imminent harm is likely if documents are provided to the other party before the hearing. This rule does not apply in cases filed under the Domestic Violence Prevention Act.

Family and juvenile proceedings only; a general Superior Court assignment does not establish a personal family/juvenile assignment. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

Source page 72

Rule 5.324. Telephone appearance in title IV-D hearings and conferences

Any opposition to a request to appear by telephone must be made by declaration under penalty of perjury under the laws of the State of California. It must be filed with the court clerk and served at least eight court days before the court hearing. Service on the person or agency requesting the telephone appearance; all parties, including the other parent, a parent who has not been joined to the action, the local child support agency; and attorneys, if any, must be accomplished using one of the methods listed in (e)(2).

Family and juvenile proceedings only; a general Superior Court assignment does not establish a personal family/juvenile assignment. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

Source page 152

Rule 5.350. Procedures for hearings to cancel (set aside) voluntary declarations of

The decision of the court must be written on the Order After Hearing on Motion to Cancel (Set Aside) Voluntary Declaration of Parentage or Paternity (form FL- 290). If the voluntary declaration of parentage or paternity is canceled (set aside), the clerk must mail a copy of the order to the Department of Child Support Services in order that the voluntary declaration of parentage or paternity be purged from the records.

Family and juvenile proceedings only; a general Superior Court assignment does not establish a personal family/juvenile assignment. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

Source page 160

Rule 5.776. Grounds for continuance of jurisdiction hearing

(1) In order to obtain a continuance, written notice with supporting documents must be filed and served on all parties at least two court days before the date set for the hearing, unless the court finds good cause for failure to comply with these requirements. Absent a waiver of time, a child may not be detained beyond the statutory time limits.

Family and juvenile proceedings only; a general Superior Court assignment does not establish a personal family/juvenile assignment. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

Source page 578

Rule 5.496. Service requirement for proposed restrained persons who appear

If the proposed restrained person named in an order issued after hearing appears at that hearing through the use of remote technology, and through that appearance has received actual notice of the existence and substance of the restraining order after hearing, no additional proof of service is required for enforcement of the order.

Family and juvenile proceedings only; a general Superior Court assignment does not establish a personal family/juvenile assignment. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

Source page 248

Rule 5.764. Prima facie hearings

If the court determines that a prima facie hearing cannot be held within three court days because of the unavailability of a witness, a reasonable continuance not to exceed five court days may be granted. If at the hearing petitioner fails to establish the prima facie case, the child must be released from custody.

Family and juvenile proceedings only; a general Superior Court assignment does not establish a personal family/juvenile assignment. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

Source page 570

Rule 5.774. Setting petition for hearing—detained and nondetained cases; waiver of

Absent a continuance under rule 5.776, when a jurisdiction hearing is not begun within the time limits of (a) and (b), the court must order the petition dismissed. This does not bar the filing of another petition based on the same allegations as in the original petition, but the child must not be detained.

Family and juvenile proceedings only; a general Superior Court assignment does not establish a personal family/juvenile assignment. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

Source page 578

Rule 5.546. Prehearing discovery

An order of the court granting discovery under this rule may specify the time, place, and manner of making the discovery and inspection and may prescribe terms and conditions. Discovery must be completed in a timely manner to avoid the delay or continuance of a scheduled hearing.

Family and juvenile proceedings only; a general Superior Court assignment does not establish a personal family/juvenile assignment. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

Source page 320

Rule 5.565. Hearing on subsequent and supplemental petitions (§§ 342, 364, 386,

When a subsequent or supplemental petition is filed, the clerk must immediately set it for hearing within 30 days of the filing date. The hearing must begin within the time limits prescribed for jurisdiction hearings on original petitions under rule 5.670.

Family and juvenile proceedings only; a general Superior Court assignment does not establish a personal family/juvenile assignment. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

Source page 345

Rule 5.544. Prehearing motions (§ 700.1)

Unless otherwise ordered or specifically provided by law, prehearing motions and accompanying points and authorities must, absent a waiver, be served on the child and opposing counsel and filed with the court:

Family and juvenile proceedings only; a general Superior Court assignment does not establish a personal family/juvenile assignment. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

Source page 317

Rule 5.903. Nonminor dependent status review hearing (§§ 224.1(b), 295, 366.1,

(3) Proof of service of notice must be filed by the social worker or probation officer at least five court days before the hearing.

Family and juvenile proceedings only; a general Superior Court assignment does not establish a personal family/juvenile assignment. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

Source page 654

Rule 5.94. Order shortening time; other filing requirements; failure to serve

Proof of service of the Request for Order (FL-300) and supporting papers should be filed five court days before the hearing date.

Family and juvenile proceedings only; a general Superior Court assignment does not establish a personal family/juvenile assignment. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

Source page 47

Rule 5.625. Orders after filing of petition under section 601 or 602

After a petition has been filed under section 601 or 602, and until the petition is dismissed or wardship is terminated, the court may issue restraining orders as provided in rule 5.630. A temporary restraining order must be prepared on Temporary Restraining Order—Juvenile (form JV-250) or, if the restrained person is the subject of a petition under section 601 or 602, on Temporary Restraining Order Against a Child (form JV-260). An order after hearing must be prepared on Juvenile Restraining Order After Hearing (form JV-255) or, if the restrained person is the subject of a petition under section 601 or 602, on Juvenile Restraining Order Against a Child—Order After Hearing (form JV-265).

Family and juvenile proceedings only; a general Superior Court assignment does not establish a personal family/juvenile assignment. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

Source page 391

Rule 5.674. Conduct of hearing; admission, no contest, submission

If the court orders the child detained at the detention hearing and no parent, Indian custodian, or Indian child’s tribe or guardian is present and no parent, Indian custodian, or Indian child’s tribe or guardian has received actual notice of the detention hearing, a parent, Indian custodian, or Indian child’s tribe or guardian may file an affidavit alleging the failure of notice and requesting a detention rehearing. The clerk must set the rehearing for a time within 24 hours of the filing of the affidavit, excluding noncourt days. At the rehearing the court must proceed under rules 5.670–5.678.

Family and juvenile proceedings only; a general Superior Court assignment does not establish a personal family/juvenile assignment. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

Source page 487

Rule 5.740. Hearings after selection of a permanent plan (§§ 366.26, 366.3, 16501.1)

(3) If it is a review hearing after the youth turns 18 years of age, the social worker must provide the information, documents, and services required by section 391(c) and must use Review Hearing for Youth 18 Years of Age or Older—Information, Documents, and Services (form JV-363). If the court is terminating jurisdiction at this review hearing, the social worker must also provide the information, documents, and services required by section 391(h), must follow the procedures in rule 5.555, and must use Termination of Juvenile Court Jurisdiction—Nonminor (form JV-365).

Family and juvenile proceedings only; a general Superior Court assignment does not establish a personal family/juvenile assignment. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

Source page 556

Rule 5.386. Procedures for filing a tribal court protective order

The Fax Transmission Cover Sheet for Registration of Tribal Court Protective Order (form DV-610) or similar cover sheet established by written procedure or local rule must be used when fax filing a tribal court protective order. The cover sheet must be the first page transmitted, to be followed by any special handling instructions needed to ensure that the document will comply with local rules. Neither the cover sheet nor the special handling instructions are to be filed in the case. The court is not required to keep a copy of the cover sheet.

Family and juvenile proceedings only; a general Superior Court assignment does not establish a personal family/juvenile assignment. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

Source page 180

Rule 5.612. Transfer-in hearing

On receipt and filing of a certified copy of a transfer order, the receiving court must accept jurisdiction of the case. The receiving court may not reject the case. The clerk of the receiving court must confirm the transfer-in hearing date scheduled by the sending court and ensure that date is on the receiving court’s calendar. The receiving court must notify the transferring court on receipt and filing of the certified copies of the transfer order and complete case file.

Family and juvenile proceedings only; a general Superior Court assignment does not establish a personal family/juvenile assignment. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

Source page 365

Rule 5.710. Six-month review hearing

If the child is not returned and the court does not set a section 366.26 hearing, the court must order that any reunification services previously ordered will continue to be offered to the parent or legal guardian, if appropriate. The court may modify those services as appropriate or order additional services reasonably believed to facilitate the return of the child to the parent or legal guardian. The court must set a date for the next hearing no later than 12

Family and juvenile proceedings only; a general Superior Court assignment does not establish a personal family/juvenile assignment. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

Source page 529

Rule 5.762. Detention rehearings

If the court orders the child detained at the detention hearing and no parent or guardian is present and no parent or guardian has received actual notice of the detention hearing, a parent or guardian may file an affidavit alleging the failure of notice and requesting a detention rehearing. The clerk must set the rehearing within 24 hours of the filing of the affidavit, excluding noncourt days. At the rehearing, the court must proceed under rules 5.752 5.760.

Family and juvenile proceedings only; a general Superior Court assignment does not establish a personal family/juvenile assignment. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

Source page 569

Rule 5.542. Rehearing of proceedings before referees

An application for a rehearing of a proceeding before a referee not acting as a temporary judge may be made by the child, parent, or guardian at any time before the expiration of 10 calendar days after service of a copy of the order and findings. The application may be directed to all, or any specified part of, the order or findings and must contain a brief statement of the factual or legal reasons for requesting the rehearing.

Family and juvenile proceedings only; a general Superior Court assignment does not establish a personal family/juvenile assignment. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

Source page 315

Rule 5.215. Domestic violence protocol for Family Court Services

To minimize contact between the parties and promote safety in domestic violence cases, courts must give consideration to the design of facilities. Such considerations must include but are not limited to the following: separate and secure waiting areas, separate conference rooms for parent education and mediation, signs providing directions to Family Court Services, and secure parking for users of Family Court Services.

Family and juvenile proceedings only; a general Superior Court assignment does not establish a personal family/juvenile assignment. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

Source page 87

Rule 5.782. Continuance pending disposition hearing

If the court finds that the child is described by section 601 or 602, it must proceed to a disposition hearing. The court may continue the disposition hearing up to 10 judicial days if the child is detained. If the child is not detained, the court may continue the disposition hearing up to 30 calendar days from the date of the filing of the petition and up to an additional 15 calendar days for good cause shown.

Family and juvenile proceedings only; a general Superior Court assignment does not establish a personal family/juvenile assignment. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

Source page 584