SECTIONS 305-324.5 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 305-324.5

305. Any peace officer may, without a warrant, take into temporary
custody a minor:
(a) When the officer has reasonable cause for believing that the
minor is a person described in Section 300, and, in addition, that
the minor has an immediate need for medical care, or the minor is in
immediate danger of physical or sexual abuse, or the physical
environment or the fact that the child is left unattended poses an
immediate threat to the child's health or safety. In cases in which
the child is left unattended, the peace officer shall first attempt
to contact the child's parent or guardian to determine if the parent
or guardian is able to assume custody of the child. If the parent or
guardian cannot be contacted, the peace officer shall notify a social
worker in the county welfare department to assume custody of the
child.
(b) Who is in a hospital and release of the minor to a parent
poses an immediate danger to the child's health or safety.
(c) Who is a dependent child of the juvenile court, or concerning
whom an order has been made under Section 319, when the officer has
reasonable cause for believing that the minor has violated an order
of the juvenile court or has left any placement ordered by the
juvenile court.
(d) Who is found in any street or public place suffering from any
sickness or injury which requires care, medical treatment,
hospitalization, or other remedial care.

305.5. (a) If an Indian child, who is a ward of a tribal court or
resides or is domiciled within a reservation of an Indian tribe that
has exclusive jurisdiction over child custody proceedings as
recognized in Section 1911 of Title 25 of the United States Code or
reassumed exclusive jurisdiction over Indian child custody
proceedings pursuant to Section 1918 of Title 25 of the United States
Code, has been removed by a state or local authority from the
custody of his or her parents or Indian custodian, the state or local
authority shall provide notice of the removal to the tribe no later
than the next working day following the removal and shall provide all
relevant documentation to the tribe regarding the removal and the
child's identity. If the tribe determines that the child is an Indian
child, the state or local authority shall transfer the child custody
proceeding to the tribe within 24 hours after receipt of written
notice from the tribe of that determination.
(b) In the case of an Indian child who is not domiciled or
residing within a reservation of an Indian tribe or who resides or is
domiciled within a reservation of an Indian tribe that does not have
exclusive jurisdiction over child custody proceedings pursuant to
Section 1911 or 1918 of Title 25 of the United States Code, the court
shall transfer the proceeding to the jurisdiction of the child's
tribe upon petition of either parent, the Indian custodian, if any,
or the child's tribe, unless the court finds good cause not to
transfer. The court shall dismiss the proceeding or terminate
jurisdiction only after receiving proof that the tribal court has
accepted the transfer of jurisdiction. At the time that the court
dismisses the proceeding or terminates jurisdiction, the court shall
also make an order transferring the physical custody of the child to
the tribal court.
(c) (1) If a petition to transfer proceedings as described in
subdivision (b) is filed, the court shall find good cause to deny the
petition if one or more of the following circumstances are shown to
exist:
(A) One or both of the child's parents object to the transfer.
(B) The child's tribe does not have a "tribal court" as defined in
Section 1910 of Title 25 of the United States Code.
(C) The tribal court of the child's tribe declines the transfer.
(2) Good cause not to transfer the proceeding may exist if:
(A) The evidence necessary to decide the case cannot be presented
in the tribal court without undue hardship to the parties or the
witnesses, and the tribal court is unable to mitigate the hardship by
making arrangements to receive and consider the evidence or
testimony by use of remote communication, by hearing the evidence or
testimony at a location convenient to the parties or witnesses, or by
use of other means permitted in the tribal court's rules of evidence
or discovery.
(B) The proceeding was at an advanced stage when the petition to
transfer was received and the petitioner did not file the petition
within a reasonable time after receiving notice of the proceeding,
provided the notice complied with Section 224.2. It shall not, in and
of itself, be considered an unreasonable delay for a party to wait
until reunification efforts have failed and reunification services
have been terminated before filing a petition to transfer.
(C) The Indian child is over 12 years of age and objects to the
transfer.
(D) The parents of the child over five years of age are not
available and the child has had little or no contact with the child's
tribe or members of the child's tribe.
(3) Socioeconomic conditions and the perceived adequacy of tribal
social services or judicial systems may not be considered in a
determination that good cause exists.
(4) The burden of establishing good cause to the contrary shall be
on the party opposing the transfer. If the court believes, or any
party asserts, that good cause to the contrary exists, the reasons
for that belief or assertion shall be stated in writing and made
available to all parties who are petitioning for the transfer, and
the petitioner shall have the opportunity to provide information or
evidence in rebuttal of the belief or assertion.
(5) Nothing in this section or Section 1911 or 1918 of Title 25 of
the United States Code shall be construed as requiring a tribe to
petition the Secretary of the Interior to reassume exclusive
jurisdiction pursuant to Section 1918 of Title 25 of the United
States Code prior to exercising jurisdiction over a proceeding
transferred under subdivision (b).
(d) An Indian child's domicile or place of residence is determined
by that of the parent, guardian, or Indian custodian with whom the
child maintained his or her primary place of abode at the time the
Indian child custody proceedings were initiated.
(e) If any petitioner in an Indian child custody proceeding has
improperly removed the child from the custody of the parent or Indian
custodian or has improperly retained custody after a visit or other
temporary relinquishment of custody, the court shall decline
jurisdiction over the petition and shall immediately return the child
to his or her parent or Indian custodian, unless returning the child
to the parent or Indian custodian would subject the child to a
substantial and immediate danger or threat of danger.
(f) Nothing in this section shall be construed to prevent the
emergency removal of an Indian child who is a ward of a tribal court
or resides or is domiciled within a reservation of an Indian tribe,
but is temporarily located off the reservation, from a parent or
Indian custodian or the emergency placement of the child in a foster
home or institution in order to prevent imminent physical damage or
harm to the child. The state or local authority shall ensure that the
emergency removal or placement terminates immediately when the
removal or placement is no longer necessary to prevent imminent
physical damage or harm to the child and shall expeditiously initiate
an Indian child custody proceeding, transfer the child to the
jurisdiction of the Indian child's tribe, or restore the child to the
parent or Indian custodian, as may be appropriate.

305.6. (a) Any peace officer may, without a warrant, take into
temporary custody a minor who is in a hospital if the release of the
minor to a prospective adoptive parent or a representative of a
licensed adoption agency poses an immediate danger to the minor's
health or safety.
(b) (1) Notwithstanding subdivision (a) and Section 305, a peace
officer may not, without a warrant, take into temporary custody a
minor who is in a hospital if all of the following conditions exist:
(A) The minor is a newborn who tested positive for illegal drugs
or whose birth mother tested positive for illegal drugs.
(B) The minor is the subject of a proposed adoption and a Health
Facility Minor Release Report, prescribed by the department, has been
completed by the hospital, including the marking of the boxes
applicable to an independent adoption or agency adoption planning,
and signed by the placing birth parent or birth parents, as well as
either the prospective adoptive parent or parents or an authorized
representative of a licensed adoption agency, prior to the discharge
of the birth parent or the minor from the hospital. Prior to signing
the Health Facility Minor Release Report, the birth parent or parents
shall be given a notice written in at least 14-point pica type,
containing substantially the following statements:
(i) That the Health Facility Minor Release Report does not
constitute consent to adoption of the minor by the prospective
adoptive parent or parents, or any other person.
(ii) That the Health Facility Minor Release Report does not
constitute a relinquishment of parental rights for the purposes of
adoption.
(iii) That the birth parent or parents or any person authorized by
the birth parent or parents may reclaim the minor at any time from
the prospective adoptive parent or parents or any other person to
whom the minor was released by the hospital, as provided in Sections
8814.5, 8815, or 8700 of the Family Code.
This notice shall be signed by the birth parent or parents and
attached to the Health Facility Minor Release Report, a copy of which
shall be provided to the birth parent or parents by hospital
personnel at the time the form is completed.
(C) The release of the minor to a prospective adoptive parent or
parents or an authorized representative of a licensed adoption agency
does not pose an immediate danger to the minor.
(D) An attorney or an adoption agency has provided documentation
stating that he or she, or the agency, is representing the
prospective adoptive parent or parents for purposes of the adoption.
In the case of an independent adoption, as defined in Section 8524 of
the Family Code, the attorney or adoption agency shall provide
documentation stating that the prospective adoptive parent or parents
have been informed that the child may be eligible for benefits
provided pursuant to the Adoption Assistance Program, as set forth in
Chapter 2.1 (commencing with Section 16115) of Part 4 of Division 9,
only if, at the time the adoption request is filed, the child has
met the requirements to receive federal supplemental security income
benefits pursuant to Subchapter XVI (commencing with Section 1381) of
Chapter 7 of Title 42 of the United States Code, as determined and
documented by the federal Social Security Administration.
(E) The prospective adoptive parent or parents or their
representative, or an authorized representative of a licensed
adoption agency, provides all of the following to the peace officer
who is at the hospital to take the minor into temporary custody:
(i) A fully executed copy of the Health Facility Minor Release
Report.
(ii) A written form, developed by the department, signed by either
the prospective adoptive parent or parents or a representative of
the licensed adoption agency, which shall include all of the
following:
(I) A statement that the minor is the subject of a proposed
adoption.
(II) A declaration that the signer or signers will immediately
notify the county child welfare agency pursuant to Section 11165.9 of
the Penal Code if the adoption plan is terminated for any reason,
and will not release the minor to the birth parent or parents or any
designee of the birth parent or parents until the county child
welfare agency or local law enforcement agency completes an
investigation and determines that release of the minor to the birth
parent or parents or a designee of the birth parent or parents will
not create an immediate risk to the health or safety of the minor.
(III) An agreement to provide a conformed copy of the adoption
request or guardianship petition to the county child welfare agency
within five business days after filing.
(IV) The names, identifying information, and contact information
for the minor, for each prospective adoptive parent, and for each
birth parent, to the extent that information is known. In the case of
an agency adoption where no prospective adoptive parent or parents
are identified at the time of the minor's release from the hospital,
the licensed adoption agency may provide the information as it
pertains to the licensed or certified foster home into which the
agency intends to place the minor.
(c) (1) In every independent adoption proceeding under this
section, the prospective adoptive parent or parents shall file with
the court either an adoption request within 10 working days after
execution of an adoption placement agreement, or a guardianship
petition within 30 calendar days after the child's discharge from the
hospital, whichever is earlier.
(2) If the adoption plan for a minor who was released from the
hospital pursuant to subdivision (b) is terminated for any reason,
the prospective adoptive parent or parents or licensed adoption
agency shall immediately notify the county child welfare agency. The
prospective adoptive parent or parents or licensed adoption agency
may not release the minor into the physical custody of the birth
parent or parents, or any designee of the birth parent or parents,
until the county child welfare agency or local law enforcement agency
completes an investigation and determines that release of the minor
to the birth parent or parents or a designee of the birth parent or
parents will not create an immediate risk to the health or safety of
the minor.
(d) Nothing in this section is intended to create a duty that
requires law enforcement to investigate the prospective adoptive
parent or parents.
(e) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.

305.6. (a) Any peace officer may, without a warrant, take into
temporary custody a minor who is in a hospital if the release of the
minor to a prospective adoptive parent poses an immediate danger to
the minor's health or safety.
(b) (1) Notwithstanding subdivision (a) and Section 305, a peace
officer may not, without a warrant, take into temporary custody a
minor who is in a hospital if all of the following conditions exist:
(A) The minor is a newborn who tested positive for illegal drugs
or whose birth mother tested positive for illegal drugs.
(B) The minor is the subject of a petition for adoption and a
Health Facility Minor Release Report, prescribed by the department,
has been completed by the hospital, including the marking of the
boxes applicable to an independent adoption or agency adoption
planning, and signed by the placing birth parent or birth parents and
the prospective adoptive parent or parents, prior to the discharge
of the birth parent or the minor from the hospital. Prior to signing
the Health Facility Minor Release Report, the birth parent or birth
parents shall be given a notice written in at least 14-point pica
type, containing substantially the following statements:
(i) That the Health Facility Minor Release Report does not
constitute consent to adoption of the minor by the prospective
adoptive parent or parents, or any other prospective adoptive parent
or parents.
(ii) That the Health Facility Minor Release Report does not
constitute a relinquishment of parental rights for the purposes of
adoption.
(iii) That the birth parent or birth parents or any person
authorized by the birth parent or birth parents may reclaim the minor
at any time from the prospective adoptive parent or parents or any
other person to whom the minor was released by the hospital, until an
adoption placement agreement or a relinquishment is signed by the
birth parent or birth parents.
This notice shall be signed by the birth parent or birth parents
and attached to the Health Facility Minor Release Report.
(C) The release of the minor to a prospective adoptive parent or
parents does not pose an immediate danger to the minor.
(D) An attorney or an adoption agency has provided documentation
stating that he or she, or the agency, is representing the
prospective adoptive parent or parents for purposes of the adoption.
In the case of an independent adoption, as defined in Section 8524 of
the Family Code, the attorney or adoption agency shall provide
documentation stating that the prospective adoptive parent or parents
have been informed that the child may be eligible for benefits
provided pursuant to the Adoption Assistance Program, as set forth in
Chapter 2.1 (commencing with Section 16115) of Part 4 of Division 9,
only if, at the time the petition is filed, the child has met the
requirements to receive federal supplemental security income benefits
pursuant to Subchapter XVI (commencing with Section 1381) of Chapter
7 of Title 42 of the United States Code, as determined and
documented by the federal Social Security Administration.
(E) The prospective adoptive parent or parents or their
representative provides a copy of the Health Facility Minor Release
Report with the signed notice to the birth parent or birth parents as
described in subparagraph (B) and a copy of the petition for
adoption to the local child protective services agency or to the
peace officer who is at the hospital to take the minor into temporary
custody.
(2) Notwithstanding Section 305 or subdivision (a) of this
section, a peace officer may not, without a warrant, take into
temporary custody a minor who is in a hospital if all of the
following conditions exist:
(A) The minor is a newborn who tested positive for illegal drugs
or whose birth mother tested positive for illegal drugs.
(B) The minor is the subject of a petition for adoption and a
prospective adoptive parent or prospective adoptive parents have been
licensed to act as a foster parent or foster parents of the minor
pending finalization of the petition for adoption.
(C) The release of the minor to the prospective adoptive parent or
prospective adoptive parents does not pose an immediate danger to
the minor.
(D) The prospective adoptive parent or parents or their
representative provides a copy of the petition for adoption and
documents evidencing licensure as a foster parent or foster parents
to the local child protective services agency or to the peace officer
who is at the hospital to take the minor into temporary custody.
(3) If at the time the minor is released to the custody of a
prospective adoptive parent or parents or their representative
pursuant to paragraph (1) or (2), the petition for adoption of the
minor has not been filed with the court, the petition for adoption
shall be filed within 15 calendar days of the date the birth parent
was released from the hospital.
(4) A copy of an adoption placement agreement signed by the
placing birth parent or birth parents and the prospective adoptive
parent or parents may be used in place of the Health Facility Minor
Release Report and notice to the birth parent or birth parents as
described in subparagraph (B) of paragraph (1).
(c) Nothing in this section is intended to create a duty that
requires law enforcement to investigate the prospective adoptive
parent or parents.
(d) This section shall become operative on January 1, 2013.

306. (a) Any social worker in a county welfare department, or an
Indian tribe that has entered into an agreement pursuant to Section
10553.1 while acting within the scope of his or her regular duties
under the direction of the juvenile court and pursuant to subdivision
(b) of Section 272, may do all of the following:
(1) Receive and maintain, pending investigation, temporary custody
of a minor who is described in Section 300, and who has been
delivered by a peace officer.
(2) Take into and maintain temporary custody of, without a
warrant, a minor who has been declared a dependent child of the
juvenile court under Section 300 or who the social worker has
reasonable cause to believe is a person described in subdivision (b)
or (g) of Section 300, and the social worker has reasonable cause to
believe that the minor has an immediate need for medical care or is
in immediate danger of physical or sexual abuse or the physical
environment poses an immediate threat to the child's health or
safety.
(b) Before taking a minor into custody, a social worker shall
consider whether the child can remain safely in his or her residence.
The consideration of whether the child can remain safely at home
shall include, but not be limited to, the following factors:
(1) Whether there are any reasonable services available to the
worker which, if provided to the minor's parent, guardian, caretaker,
or to the minor, would eliminate the need to remove the minor from
the custody of his or her parent, guardian, or caretaker.
(2) Whether a referral to public assistance pursuant to Chapter 2
(commencing with Section 11200) of Part 3, Chapter 7 (commencing with
Section 14000) of Part 3, Chapter 1 (commencing with Section 17000)
of Part 5, and Chapter 10 (commencing with Section 18900) of Part 6,
of Division 9 would eliminate the need to take temporary custody of
the minor. If those services are available they shall be utilized.
(3) Whether a nonoffending caretaker can provide for and protect
the child from abuse and neglect and whether the alleged perpetrator
voluntarily agrees to withdraw from the residence, withdraws from the
residence, and is likely to remain withdrawn from the residence.

306.5. In any case in which a social worker takes a minor into
custody pursuant to Section 306, the social worker shall, to the
extent that it is practical and appropriate, place the minor together
with any siblings or half-siblings who are also detained or include
in the report prepared pursuant to Section 319 a statement of his or
her continuing efforts to place the siblings together or why those
efforts are not appropriate.

306.6. (a) In a dependency proceeding involving a child who would
otherwise be an Indian child, based on the definition contained in
paragraph (4) of Section 1903 of the federal Indian Child Welfare Act
(25 U.S.C. Sec. 1901 et seq.), but is not an Indian child based on
status of the child's tribe, as defined in paragraph (8) of Section
1903 of the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et
seq.), the court may permit the tribe from which the child is
descended to participate in the proceeding upon request of the tribe.
(b) If the court permits a tribe to participate in a proceeding,
the tribe may do all of the following, upon consent of the court:
(1) Be present at the hearing.
(2) Address the court.
(3) Request and receive notice of hearings.
(4) Request to examine court documents relating to the proceeding.
(5) Present information to the court that is relevant to the
proceeding.
(6) Submit written reports and recommendations to the court.
(7) Perform other duties and responsibilities as requested or
approved by the court.
(c) If more than one tribe requests to participate in a proceeding
under subdivision (a), the court may limit participation to the
tribe with which the child has the most significant contacts, as
determined in accordance with paragraph (2) of subdivision (d) of
Section 170 of the Family Code.
(d) This section is intended to assist the court in making
decisions that are in the best interest of the child by permitting a
tribe in the circumstances set out in subdivision (a) to inform the
court and parties to the proceeding about placement options for the
child within the child's extended family or the tribal community,
services and programs available to the child and the child's parents
as Indians, and other unique interests the child or the child's
parents may have as Indians. This section shall not be construed to
make the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), or
any state law implementing the Indian Child Welfare Act, applicable
to the proceedings, or to limit the court's discretion to permit
other interested persons to participate in these or any other
proceedings.
(e) The court shall, on a case-by-case basis, make a determination
if this section is applicable and may request information from the
tribe, or the entity claiming to be a tribe, from which the child is
descended for the purposes of making this determination, if the child
would otherwise be an Indian child pursuant to subdivision (a).

307. A peace officer or probation officer who takes a minor into
temporary custody under the provisions of Section 305 shall
thereafter proceed as follows:
(a) The officer may release the minor.
(b) The officer may prepare in duplicate a written notice for the
parent or parents of the minor to appear with the minor before the
probation officer of the county in which the minor was taken into
custody at a time and place specified in the notice. The notice shall
also contain a concise statement of the reasons the minor was taken
into custody. The officer shall deliver one copy of the notice to the
minor and a parent, guardian, or responsible relative of the minor
and may require the minor and the parent, guardian, or relative to
sign a written promise that he or she shall appear at the time and
place designated in the notice. Upon the execution of the promise to
appear, the officer shall immediately release the minor. The officer
shall, as soon as practicable, file one copy of the notice with the
probation officer.
(c) The officer may take the minor without unnecessary delay
before the probation officer of the county in which the minor was
taken into custody, or in which the minor resides, or in which the
acts take place or the circumstances exist which are alleged to bring
the minor within the provisions of Section 300, and deliver the
minor into the custody of the probation officer.
In determining which disposition of the minor shall be made, the
officer shall give preference to the alternative which least
interferes with the parents' or guardians' custody of the minor if
this alternative is compatible with the safety of the minor. The
officer shall also consider the needs of the minor for the least
restrictive environment and the protective needs of the community.

307.4. (a) Any peace officer, probation officer, or social worker
who takes into temporary custody pursuant to Sections 305 to 307,
inclusive, a minor who comes within the description of Section 300
shall immediately inform, through the most efficient means available,
the parent, guardian, or responsible relative, that the minor has
been taken into protective custody and that a written statement is
available which explains the parent's or guardian's procedural rights
and the preliminary stages of the dependency investigation and
hearing. The Judicial Council shall, in consultation with the County
Welfare Directors Association of California, adopt a form for the
written statement, which shall be in simple language and shall be
printed and distributed by the county. The written statement shall be
made available for distribution through all public schools,
probation offices, and appropriate welfare offices. It shall include,
but is not limited to, the following information:
(1) The conditions under which the minor will be released,
hearings which may be required, and the means whereby further
specific information about the minor's case and conditions of
confinement may be obtained.
(2) The rights to counsel, privileges against self-incrimination,
and rights to appeal possessed by the minor, and his or her parents,
guardians, or responsible relative.
(b) If a good faith attempt was made at notification, the failure
on the part of the peace officer, probation officer, or social worker
to notify the parent or guardian that the written information
required by subdivision (a) is available shall be considered to be
due to circumstances beyond the control of the peace officer,
probation officer, or social worker, and shall not be construed to
permit a new defense to any juvenile or judicial proceeding or to
interfere with any rights, procedures, or investigations accorded
under any other law.

307.5. Notwithstanding the provisions of Section 307, an officer
who takes a minor suspected of being a person described in Section
300 into temporary custody pursuant to subdivision (a) of Section 305
may, in a case where he or she deems that it is in the best interest
of the minor and the public, take the minor to a community service
program for abused or neglected children. Organizations or programs
receiving referrals pursuant to this section shall have a contract or
an agreement with the county to provide shelter care or counseling.
Employees of a program receiving referrals pursuant to this section
are "child care custodians" for the purpose of the requirements of
Section 11165.7 of the Penal Code. The receiving organization shall
take immediate steps to notify the minor's parent, guardian, or a
responsible relative of the place to which the minor was taken.

308. (a) When a peace officer or social worker takes a minor into
custody pursuant to this article, he or she shall take immediate
steps to notify the minor's parent, guardian, or a responsible
relative that the minor is in custody and that the child has been
placed in a facility authorized by law to care for the child, and
shall provide a telephone number at which the minor may be contacted.
The confidentiality of the address of any licensed foster family
home in which the child has been placed shall be maintained until the
dispositional hearing, at which time the judge may authorize, upon a
finding of good cause, the disclosure of the address. However, the
court may order the release of the address of the licensed foster
family home to the minor's parent, guardian, or responsible relative
upon notification of the licensed foster family home in cases where a
petition to challenge jurisdiction or other motion to delay the
dispositional hearing beyond 60 days after the hearing at which the
minor was ordered removed or detained, pursuant to subdivision (b) of
Section 352, is granted. Moreover, a foster parent may authorize the
release of the address of the foster family home at any time during
the placement. The county welfare department shall make a diligent
and reasonable effort to ensure regular telephone contact between the
parent and a child of any age, prior to the detention hearing,
unless that contact would be detrimental to the child. The initial
telephone contact shall take place as soon as practicable, but no
later than five hours after the child is taken into custody.
(b) Immediately after being taken to a place of confinement
pursuant to this article and, except where physically impossible, no
later than one hour after he or she has been taken into custody, a
minor 10 years of age or older shall be advised that he or she has
the right to make at least two telephone calls from the place where
he or she is being held, one call completed to his or her parent,
guardian, or a responsible relative, and another call completed to an
attorney. The calls shall be at public expense, if the calls are
completed to telephone numbers within the local calling area, and in
the presence of a public officer or employee. Any public officer or
employee who willfully deprives a minor taken into custody of his or
her right to make these telephone calls is guilty of a misdemeanor.

309. (a) Upon delivery to the social worker of a child who has been
taken into temporary custody under this article, the social worker
shall immediately investigate the circumstances of the child and the
facts surrounding the child's being taken into custody and attempt to
maintain the child with the child's family through the provision of
services. The social worker shall immediately release the child to
the custody of the child's parent, guardian, or responsible relative
unless one or more of the following conditions exist:
(1) The child has no parent, guardian, or responsible relative; or
the child's parent, guardian, or responsible relative is not willing
to provide care for the child.
(2) Continued detention of the child is a matter of immediate and
urgent necessity for the protection of the child and there are no
reasonable means by which the child can be protected in his or her
home or the home of a responsible relative.
(3) There is substantial evidence that a parent, guardian, or
custodian of the child is likely to flee the jurisdiction of the
court.
(4) The child has left a placement in which he or she was placed
by the juvenile court.
(5) The parent or other person having lawful custody of the child
voluntarily surrendered physical custody of the child pursuant to
Section 1255.7 of the Health and Safety Code and did not reclaim the
child within the 14-day period specified in subdivision (e) of that
section.
(b) In any case in which there is reasonable cause for believing
that a child who is under the care of a physician and surgeon or a
hospital, clinic, or other medical facility and cannot be immediately
moved and is a person described in Section 300, the child shall be
deemed to have been taken into temporary custody and delivered to the
social worker for the purposes of this chapter while the child is at
the office of the physician and surgeon or the medical facility.
(c) If the child is not released to his or her parent or guardian,
the child shall be deemed detained for purposes of this chapter.
(d) (1) If an able and willing relative, as defined in Section
319, or an able and willing nonrelative extended family member, as
defined in Section 362.7, is available and requests temporary
placement of the child pending the detention hearing, the county
welfare department shall initiate an assessment of the relative's or
nonrelative extended family member's suitability, which shall include
an in-home inspection to assess the safety of the home and the
ability of the relative or nonrelative extended family member to care
for the child's needs, and a consideration of the results of a
criminal records check conducted pursuant to subdivision (a) of
Section 16504.5 and a check of allegations of prior child abuse or
neglect concerning the relative or nonrelative extended family member
and other adults in the home. Upon completion of this assessment,
the child may be placed in the assessed home. For purposes of this
paragraph, and except for the criminal records check conducted
pursuant to subdivision (a) of Section 16504.5, the standards used to
determine suitability shall be the same standards set forth in the
regulations for the licensing of foster family homes.
(2) Immediately following the placement of a child in the home of
a relative or a nonrelative extended family member, the county
welfare department shall evaluate and approve or deny the home for
purposes of AFDC-FC eligibility pursuant to Section 11402. The
standards used to evaluate and grant or deny approval of the home of
the relative and of the home of a nonrelative extended family member,
as described in Section 362.7, shall be the same standards set forth
in regulations for the licensing of foster family homes which
prescribe standards of safety and sanitation for the physical plant
and standards for basic personal care, supervision, and services
provided by the caregiver.
(3) To the extent allowed by federal law, as a condition of
receiving funding under Title IV-E of the federal Social Security Act
(42 U.S.C. Sec. 670 et seq.), if a relative or nonrelative extended
family member meets all other conditions for approval, except for the
receipt of the Federal Bureau of Investigation's criminal history
information for the relative or nonrelative extended family member,
and other adults in the home, as indicated, the county welfare
department may approve the home and document that approval, if the
relative or nonrelative extended family member, and each adult in the
home, has signed and submitted a statement that he or she has never
been convicted of a crime in the United States, other than a traffic
infraction as defined in paragraph (1) of subdivision (a) of Section
42001 of the Vehicle Code. If, after the approval has been granted,
the department determines that the relative or nonrelative extended
family member or other adult in the home has a criminal record, the
approval may be terminated.
(4) If the criminal records check indicates that the person has
been convicted of a crime for which the Director of Social Services
cannot grant an exemption under Section 1522 of the Health and Safety
Code, the child shall not be placed in the home. If the criminal
records check indicates that the person has been convicted of a crime
for which the Director of Social Services may grant an exemption
under Section 1522 of the Health and Safety Code, the child shall not
be placed in the home unless a criminal records exemption has been
granted by the county based on substantial and convincing evidence to
support a reasonable belief that the person with the criminal
conviction is of such good character as to justify the placement and
not present a risk of harm to the child.
(e) (1) If the child is removed, the social worker shall conduct,
within 30 days, an investigation in order to identify and locate all
grandparents, adult siblings, and other adult relatives of the child,
as defined in paragraph (2) of subdivision (f) of Section 319,
including any other adult relatives suggested by the parents. The
social worker shall provide to all adult relatives who are located,
except when that relative's history of family or domestic violence
makes notification inappropriate, within 30 days of removal of the
child, written notification and shall also, whenever appropriate,
provide oral notification, in person or by telephone, of all the
following information:
(A) The child has been removed from the custody of his or her
parent or parents, or his or her guardians.
(B) An explanation of the various options to participate in the
care and placement of the child and support for the child's family,
including any options that may be lost by failing to respond. The
notice shall provide information about providing care for the child
while the family receives reunification services with the goal of
returning the child to the parent or guardian, how to become a foster
family home or approved relative or nonrelative extended family
member as defined in Section 362.7, and additional services and
support that are available in out-of-home placements. The notice
shall also include information regarding the Kin-GAP Program (Article
4.5 (commencing with Section 11360) of Chapter 2 of Part 3 of
Division 9), the CalWORKs program for approved relative caregivers
(Chapter 2 (commencing with Section 11200) of Part 3 of Division 9),
adoption, and adoption assistance (Chapter 2.1 (commencing with
Section 16115) of Part 4 of Division 9), as well as other options for
contact with the child, including, but not limited to, visitation.
The State Department of Social Services, in consultation with the
County Welfare Directors Association and other interested
stakeholders, shall develop the written notice.
(2) On and after January 1, 2011, the social worker shall also
provide the adult relatives notified pursuant to paragraph (1) with a
relative information form to provide information to the social
worker and the court regarding the needs of the child. The form shall
include a provision whereby the relative may request the permission
of the court to address the court, if the relative so chooses. The
Judicial Council, in consultation with the State Department of Social
Services and the County Welfare Directors Association, shall develop
the form.
(3) The social worker shall use due diligence in investigating the
names and locations of the relatives pursuant to paragraph (1),
including, but not limited to, asking the child in an age-appropriate
manner about relatives important to the child, consistent with the
child's best interest, and obtaining information regarding the
location of the child's adult relatives. Each county welfare
department shall create and make public a procedure by which
relatives of a child who has been removed from his or her parents or
guardians may identify themselves to the county welfare department
and be provided with the notices required by paragraphs (1) and (2).

310. As a condition for the release of such minor, the probation
officer may require such minor or his parent, guardian, or relative,
or both, to sign a written promise that either or both of them will
appear before the probation officer at a suitable place designated by
the probation officer at a specified time.

311. (a) If the probation officer determines that the minor shall
be retained in custody, he or she shall immediately file a petition
pursuant to Section 332 with the clerk of the juvenile court who
shall set the matter for hearing on the detention hearing calendar.
(b) In the hearing, the child, parents, or guardians have a
privilege against self-incrimination and have a right to
confrontation by, and cross-examination of, any person examined by
the court as provided in Section 319.

313. (a) Whenever a minor is taken into custody by a peace officer
or probation officer, except when such minor willfully misrepresents
himself as 18 or more years of age, such minor shall be released
within 48 hours after having been taken into custody, excluding
nonjudicial days, unless within said period of time a petition to
declare him a dependent child has been filed pursuant to the
provisions of this chapter.
(b) Whenever a minor who has been held in custody for more than
six hours by the probation officer is subsequently released and no
petition is filed, the probation officer shall prepare a written
explanation of why the minor was held in custody for more than six
hours. The written explanation shall be prepared within 72 hours
after the minor is released from custody and filed in the record of
the case. A copy of the written explanation shall be sent to the
parents, guardian, or other person having care or custody of the
minor.

314. When a minor willfully misrepresents himself to be 18 or more
years of age when taken into custody by a peace officer or probation
officer, and this misrepresentation effects a material delay in
investigation which prevents the filing of a petition pursuant to the
provisions of this chapter, such petition or complaint shall be
filed within 48 hours from the time his true age is determined,
excluding nonjudicial days. If, in such cases, the petition is not
filed within the time prescribed by this section, the minor shall be
immediately released from custody.

315. If a minor has been taken into custody under this article and
not released to a parent or guardian, the juvenile court shall hold a
hearing (which shall be referred to as a "detention hearing") to
determine whether the minor shall be further detained. This hearing
shall be held as soon as possible, but in any event before the
expiration of the next judicial day after a petition to declare the
minor a dependent child has been filed. If the hearing is not held
within the period prescribed by this section, the minor shall be
released from custody.

316. Upon his or her appearance before the court at the detention
hearing, each parent or guardian and the minor, if present, shall
first be informed of the reasons why the minor was taken into
custody, the nature of the juvenile court proceedings, and the right
of each parent or guardian and any minor to be represented at every
stage of the proceedings by counsel.

316.1. (a) Upon his or her appearance before the court, each parent
or guardian shall designate for the court his or her permanent
mailing address. The court shall advise each parent or guardian that
the designated mailing address will be used by the court and the
social services agency for notice purposes unless and until the
parent or guardian notifies the court or the social services agency
of a new mailing address in writing.
(b) The Judicial Council may develop a form for the designation of
a permanent mailing address by parents and guardians for use by the
courts and social services agencies.

316.2. (a) At the detention hearing, or as soon thereafter as
practicable, the court shall inquire of the mother and any other
appropriate person as to the identity and address of all presumed or
alleged fathers. The presence at the hearing of a man claiming to be
the father shall not relieve the court of its duty of inquiry. The
inquiry shall include at least all of the following, as the court
deems appropriate:
(1) Whether a judgment of paternity already exists.
(2) Whether the mother was married or believed she was married at
the time of conception of the child or at any time thereafter.
(3) Whether the mother was cohabiting with a man at the time of
conception or birth of the child.
(4) Whether the mother has received support payments or promises
of support with respect to the child or in connection with her
pregnancy.
(5) Whether any man has formally or informally acknowledged or
declared his possible paternity of the child, including by signing a
voluntary declaration of paternity.
(6) Whether paternity tests have been administered and the
results, if any.
(7) Whether any man otherwise qualifies as a presumed father
pursuant to Section 7611, or any other provision, of the Family Code.
(b) If, after the court inquiry, one or more men are identified as
an alleged father, each alleged father shall be provided notice at
his last and usual place of abode by certified mail return receipt
requested alleging that he is or could be the father of the child.
The notice shall state that the child is the subject of proceedings
under Section 300 and that the proceedings could result in the
termination of parental rights and adoption of the child. Judicial
Council form Paternity-Waiver of Rights (JV-505) shall be included
with the notice. Nothing in this section shall preclude a court from
terminating a father's parental rights even if an action has been
filed under Section 7630 or 7631 of the Family Code.
(c) The court may determine that the failure of an alleged father
to return the certified mail receipt is not good cause to continue a
hearing pursuant to Section 355, 358, 360, 366.21, or 366.22.
(d) If a man appears in the dependency action and files an action
under Section 7630 or 7631 of the Family Code, the court shall
determine if he is the father.
(e) After a petition has been filed to declare a child a dependent
of the court, and until the time that the petition is dismissed,
dependency is terminated, or parental rights are terminated pursuant
to Section 366.26 or proceedings are commenced under Part 4
(commencing with Section 7800) of Division 12 of the Family Code, the
juvenile court which has jurisdiction of the dependency action shall
have exclusive jurisdiction to hear an action filed under Section
7630 or 7631 of the Family Code.
(f) After any inquiry, proceeding, or determination made pursuant
to this section, the juvenile court shall note its findings in the
minutes of the court.

317. (a) (1) When it appears to the court that a parent or guardian
of the child desires counsel but is presently financially unable to
afford and cannot for that reason employ counsel, the court may
appoint counsel as provided in this section.
(2) When it appears to the court that a parent or Indian custodian
in an Indian child custody proceeding desires counsel but is
presently unable to afford and cannot for that reason employ counsel,
the provisions of subsection (b) of Section 1912 of the Indian Child
Welfare Act (25 U.S.C. Sec. 1901 et seq.) and Section 23.13 of Title
25 of the Code of Federal Regulations are applicable.
(b) When it appears to the court that a parent or guardian of the
child is presently financially unable to afford and cannot for that
reason employ counsel, and the child has been placed in out-of-home
care, or the petitioning agency is recommending that the child be
placed in out-of-home care, the court shall appoint counsel for the
parent or guardian, unless the court finds that the parent or
guardian has made a knowing and intelligent waiver of counsel as
provided in this section.
(c) If a child is not represented by counsel, the court shall
appoint counsel for the child unless the court finds that the child
would not benefit from the appointment of counsel. The court shall
state on the record its reasons for that finding. A primary
responsibility of any counsel appointed to represent a child pursuant
to this section shall be to advocate for the protection, safety, and
physical and emotional well-being of the child. Counsel for the
child may be a district attorney, public defender, or other member of
the bar, provided that the counsel does not represent another party
or county agency whose interests conflict with the child's interests.
The fact that the district attorney represents the child in a
proceeding pursuant to Section 300 as well as conducts a criminal
investigation or files a criminal complaint or information arising
from the same or reasonably related set of facts as the proceeding
pursuant to Section 300 is not in and of itself a conflict of
interest. The court may fix the compensation for the services of
appointed counsel. The appointed counsel shall have a caseload and
training that ensures adequate representation of the child. The
Judicial Council shall promulgate rules of court that establish
caseload standards, training requirements, and guidelines for
appointed counsel for children and shall adopt rules as required by
Section 326.5 no later than July 1, 2001.
(d) The counsel appointed by the court shall represent the parent,
guardian, or child at the detention hearing and at all subsequent
proceedings before the juvenile court. Counsel shall continue to
represent the parent, guardian, or child unless relieved by the court
upon the substitution of other counsel or for cause. The
representation shall include representing the parent, guardian, or
the child in termination proceedings and in those proceedings
relating to the institution or setting aside of a legal guardianship.
On and after January 1, 2012, in the case of a nonminor dependent,
as described in subdivision (v) of Section 11400, no representation
by counsel shall be provided for a parent.
(e) The counsel for the child shall be charged in general with the
representation of the child's interests. To that end, the counsel
shall make or cause to have made any further investigations that he
or she deems in good faith to be reasonably necessary to ascertain
the facts, including the interviewing of witnesses, and he or she
shall examine and cross-examine witnesses in both the adjudicatory
and dispositional hearings. He or she may also introduce and examine
his or her own witnesses, make recommendations to the court
concerning the child's welfare, and participate further in the
proceedings to the degree necessary to adequately represent the
child. In any case in which the child is four years of age or older,
counsel shall interview the child to determine the child's wishes and
to assess the child's well-being, and shall advise the court of the
child's wishes. Counsel for the child shall not advocate for the
return of the child if, to the best of his or her knowledge, that
return conflicts with the protection and safety of the child. In
addition counsel shall investigate the interests of the child beyond
the scope of the juvenile proceeding and report to the court other
interests of the child that may need to be protected by the
institution of other administrative or judicial proceedings. The
attorney representing a child in a dependency proceeding is not
required to assume the responsibilities of a social worker and is not
expected to provide nonlegal services to the child. The court shall
take whatever appropriate action is necessary to fully protect the
interests of the child.
(f) Either the child or the counsel for the child, with the
informed consent of the child if the child is found by the court to
be of sufficient age and maturity to so consent, which shall be
presumed, subject to rebuttal by clear and convincing evidence, if
the child is over 12 years of age, may invoke the
psychotherapist-client privilege, physician-patient privilege, and
clergyman-penitent privilege; and if the child invokes the privilege,
counsel may not waive it, but if counsel invokes the privilege, the
child may waive it. Counsel shall be holder of these privileges if
the child is found by the court not to be of sufficient age and
maturity to so consent. For the sole purpose of fulfilling his or her
obligation to provide legal representation of the child, counsel for
a child shall have access to all records with regard to the child
maintained by a health care facility, as defined in Section 1545 of
the Penal Code, health care providers, as defined in Section 6146 of
the Business and Professions Code, a physician and surgeon or other
health practitioner, as defined in former Section 11165.8 of the
Penal Code, as that section read on January 1, 2000, or a child care
custodian, as defined in former Section 11165.7 of the Penal Code, as
that section read on January 1, 2000. Notwithstanding any other law,
counsel shall be given access to all records relevant to the case
which are maintained by state or local public agencies. All
information requested from a child protective agency regarding a
child who is in protective custody, or from a child's guardian ad
litem, shall be provided to the child's counsel within 30 days of the
request.
(g) In a county of the third class, if counsel is to be provided
to a child at county expense other than by counsel for the agency,
the court shall first utilize the services of the public defender
prior to appointing private counsel, to provide legal counsel.
Nothing in this subdivision shall be construed to require the
appointment of the public defender in any case in which the public
defender has a conflict of interest. In the interest of justice, a
court may depart from that portion of the procedure requiring
appointment of the public defender after making a finding of good
cause and stating the reasons therefor on the record.
(h) In a county of the third class, if counsel is to be appointed
for a parent or guardian at county expense, the court shall first
utilize the services of the alternate public defender, prior to
appointing private counsel, to provide legal counsel. Nothing in this
subdivision shall be construed to require the appointment of the
alternate public defender in any case in which the public defender
has a conflict of interest. In the interest of justice, a court may
depart from that portion of the procedure requiring appointment of
the alternate public defender after making a finding of good cause
and stating the reasons therefor on the record.

317.5. (a) All parties who are represented by counsel at dependency
proceedings shall be entitled to competent counsel.
(b) Each minor who is the subject of a dependency proceeding is a
party to that proceeding.

317.6. (a) On or before January 1, 1996, the Judicial Council
shall, after consulting with representatives from the State Bar of
California, county counsels, district attorneys, public defenders,
county welfare directors, and children's advocacy groups, adopt rules
of court regarding the appointment of competent counsel in
dependency proceedings, including, but not limited to, the following:
(1) The screening and appointment of competent counsel.
(2) Establishing minimum standards of experience and education
necessary to qualify as competent counsel to represent a party in
dependency proceedings.
(3) Procedures for handling client complaints regarding attorney
performance, including measures to inform clients of the complaint
process.
(4) Procedures for informing the court of any interests of the
minor that may need to be protected in other proceedings.
(b) On or before July 1, 1996, each superior court shall, after
consulting with representatives from the State Bar of California and
the local offices of the county counsel, district attorney, public
defender, county welfare department, and children's advocacy groups,
adopt local rules of court regarding the conduct of dependency
proceedings that address items such as procedures and timeframes for
the presentation of contested issues and witness lists to eliminate
unnecessary delays in dependency hearings.

318. If a district attorney has represented a minor in a dependency
proceeding, that district attorney shall not appear, on behalf of
the people of the State of California, in any juvenile court hearing
which is based upon a petition that alleges that the same minor is a
person within the description of Section 602.
Records kept by the district attorney in the course of
representation of a minor described in Section 300 are confidential
and shall be held separately, and shall not be inspected by members
of the district attorney's office not directly involved in the
representation of that minor. A district attorney who represents or
who has represented a minor in a proceeding brought pursuant to
Section 300 shall not discuss the substance of that case with a
district attorney representing the people pursuant to Section 681 in
a proceeding brought pursuant to Section 602 in which that same minor
is the subject of the petition.

318.5. In a juvenile court hearing, where the parent or guardian is
represented by counsel, the county counsel or district attorney
shall, at the request of the juvenile court judge, appear and
participate in the hearing to represent the petitioner.

319. (a) At the initial petition hearing, the court shall examine
the child's parents, guardians, or other persons having relevant
knowledge and hear the relevant evidence as the child, the child's
parents or guardians, the petitioner, or their counsel desires to
present. The court may examine the child, as provided in Section 350.
(b) The social worker shall report to the court on the reasons why
the child has been removed from the parent's physical custody, the
need, if any, for continued detention, the available services and the
referral methods to those services that could facilitate the return
of the child to the custody of the child's parents or guardians, and
whether there are any relatives who are able and willing to take
temporary physical custody of the child. The court shall order the
release of the child from custody unless a prima facie showing has
been made that the child comes within Section 300, the court finds
that continuance in the parent's or guardian's home is contrary to
the child's welfare, and any of the following circumstances exist:
(1) There is a substantial danger to the physical health of the
child or the child is suffering severe emotional damage, and there
are no reasonable means by which the child's physical or emotional
health may be protected without removing the child from the parent's
or guardian's physical custody.
(2) There is substantial evidence that a parent, guardian, or
custodian of the child is likely to flee the jurisdiction of the
court.
(3) The child has left a placement in which he or she was placed
by the juvenile court.
(4) The child indicates an unwillingness to return home, if the
child has been physically or sexually abused by a person residing in
the home.
(c) If the matter is continued pursuant to Section 322 or for any
other reason, the court shall find that the continuance of the child
in the parent's or guardian's home is contrary to the child's welfare
at the initial petition hearing or order the release of the child
from custody.
(d) (1) The court shall also make a determination on the record,
referencing the social worker's report or other evidence relied upon,
as to whether reasonable efforts were made to prevent or eliminate
the need for removal of the child from his or her home, pursuant to
subdivision (b) of Section 306, and whether there are available
services that would prevent the need for further detention. Services
to be considered for purposes of making this determination are case
management, counseling, emergency shelter care, emergency in-home
caretakers, out-of-home respite care, teaching and demonstrating
homemakers, parenting training, transportation, and any other child
welfare services authorized by the State Department of Social
Services pursuant to Chapter 5 (commencing with Section 16500) of
Part 4 of Division 9. The court shall also review whether the social
worker has considered whether a referral to public assistance
services pursuant to Chapter 2 (commencing with Section 11200) and
Chapter 7 (commencing with Section 14000) of Part 3, Chapter 1
(commencing with Section 17000) of Part 5, and Chapter 10 (commencing
with Section 18900) of Part 6 of Division 9 would have eliminated
the need to take temporary custody of the child or would prevent the
need for further detention.
(2) If the child can be returned to the custody of his or her
parent or guardian through the provision of those services, the court
shall place the child with his or her parent or guardian and order
that the services shall be provided. If the child cannot be returned
to the physical custody of his or her parent or guardian, the court
shall determine if there is a relative who is able and willing to
care for the child, and has been assessed pursuant to paragraph (1)
of subdivision (d) of Section 309.
(e) If a court orders a child detained, the court shall state the
facts on which the decision is based, specify why the initial removal
was necessary, reference the social worker's report or other
evidence relied upon to make its determination whether continuance in
the home of the parent or legal guardian is contrary to the child's
welfare, order temporary placement and care of the child to be vested
with the county child welfare department pending the hearing held
pursuant to Section 355 or further order of the court, and order
services to be provided as soon as possible to reunify the child and
his or her family if appropriate.
(f) (1) If the child is not released from custody, the court may
order that the child shall be placed in the assessed home of a
relative, in an emergency shelter or other suitable licensed place,
in a place exempt from licensure designated by the juvenile court, or
in the assessed home of a nonrelative extended family member as
defined in Section 362.7 for a period not to exceed 15 judicial days.
(2) As used in this section, "relative" means an adult who is
related to the child by blood, adoption, or affinity within the fifth
degree of kinship, including stepparents, stepsiblings, and all
relatives whose status is preceded by the words "great,"
"great-great," or "grand," or the spouse of any of these persons,
even if the marriage was terminated by death or dissolution. However,
only the following relatives shall be given preferential
consideration for placement of the child: an adult who is a
grandparent, aunt, uncle, or sibling of the child.
(3) The court shall consider the recommendations of the social
worker based on the assessment pursuant to paragraph (1) of
subdivision (d) of Section 309 of the relative's home, including the
results of a criminal records check and prior child abuse
allegations, if any, prior to ordering that the child be placed with
a relative. The court shall order the parent to disclose to the
social worker the names, residences, and any known identifying
information of any maternal or paternal relatives of the child. The
social worker shall initiate the assessment pursuant to Section 361.3
of any relative to be considered for continuing placement.
(g) (1) At the initial hearing upon the petition filed in
accordance with subdivision (c) of Rule 5.520 of the California Rules
of Court or anytime thereafter up until the time that the minor is
adjudged a dependent child of the court or a finding is made
dismissing the petition, the court may temporarily limit the right of
the parent or guardian to make educational decisions for the child
and temporarily appoint a responsible adult to make educational
decisions for the child if all of the foll