SECTIONS 325-342 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 325-342

325. A proceeding in the juvenile court to declare a child to be a
dependent child of the court is commenced by the filing with the
court, by the social worker, of a petition, in conformity with the
requirements of this article.

326.5. The Judicial Council shall adopt a rule of court effective
July 1, 2001, that complies with the requirement of the federal Child
Abuse Prevention and Treatment Act (Public Law 93-247) for the
appointment of a guardian ad litem, who may be an attorney or a
court-appointed special advocate, for a child in cases in which a
petition is filed based upon neglect or abuse of the child or in
which a prosecution is initiated under the Penal Code arising from
neglect or abuse of the child. The rule of court may include
guidelines to the courts for determining when an attorney should be
appointed rather than a court appointed special advocate, and
caseload standards for guardians ad litem.

326.7. Appointment of a guardian ad litem shall not be required for
a minor who is a parent of the child who is the subject of the
dependency petition, unless the minor parent is unable to understand
the nature of the proceedings or to assist counsel in preparing the
case.

327. Either the juvenile court in the county in which a minor
resides or in the county where the minor is found or in the county in
which the acts take place or the circumstances exist which are
alleged to bring such minor within the provisions of Section 300, is
the proper court to commence proceedings under this chapter.

328. Whenever the social worker has cause to believe that there was
or is within the county, or residing therein, a person described in
Section 300, the social worker shall immediately make any
investigation he or she deems necessary to determine whether child
welfare services should be offered to the family and whether
proceedings in the juvenile court should be commenced. If the social
worker determines that it is appropriate to offer child welfare
services to the family, the social worker shall make a referral to
these services pursuant to Chapter 5 (commencing with Section 16500)
of Part 4 of Division 9. No inference regarding the credibility of
the allegations or the need for child welfare services shall be drawn
from the mere existence of a child custody or visitation dispute.
However, this section does not require an investigation by the
social worker with respect to a child delivered or referred to any
agency pursuant to Section 307.5.
The social worker shall interview any child four years of age or
older who is a subject of an investigation, and who is in juvenile
hall or other custodial facility, or has been removed to a foster
home, to ascertain the child's view of the home environment. If
proceedings are commenced, the social worker shall include the
substance of the interview in any written report submitted at an
adjudicatory hearing, or if no report is then received in evidence,
the social worker shall include the substance of the interview in the
social study required by Section 358. A referral based on
allegations of child abuse from the family court pursuant to Section
3027 of the Family Code shall be investigated to the same extent as
any other child abuse allegation.

328.3. Whenever any officer refers or delivers a minor pursuant to
Section 307.5, the agency to which the minor is referred shall
immediately make such investigation as it deems necessary to
determine what disposition of the referral or delivery should be
made. If the referral agency does not initiate a service program on
behalf of a minor referred to the agency within 20 calendar days, or
initiate a service program on behalf of a minor delivered to the
agency within 10 calendar days, that agency shall immediately notify
the referring officer of that decision in writing. The referral
agency shall retain a copy of that written notification for 30 days.

329. Whenever any person applies to the social worker to commence
proceedings in the juvenile court, the application shall be in the
form of an affidavit alleging that there was or is within the county,
or residing therein, a child within the provisions of Section 300,
and setting forth facts in support thereof. The social worker shall
immediately investigate as he or she deems necessary to determine
whether proceedings in the juvenile court should be commenced. If the
social worker does not take action under Section 330 and does not
file a petition in the juvenile court within three weeks after the
application, he or she shall endorse upon the affidavit of the
applicant his or her decision not to proceed further and his or her
reasons therefor and shall immediately notify the applicant of the
action taken or the decision rendered by him or her under this
section. The social worker shall retain the affidavit and his or her
endorsement thereon for a period of 30 days after notifying the
applicant.

331. When any person has applied to the social worker, pursuant to
Section 329, to commence juvenile court proceedings and the social
worker fails to file a petition within three weeks after the
application, the person may, within one month after making the
application, apply to the juvenile court to review the decision of
the social worker, and the court may either affirm the decision of
the social worker or order him or her to commence juvenile court
proceedings.

331.5. When any officer has referred or delivered a child to an
agency pursuant to Section 307.5, and that agency does not initiate a
service program for the child within the time periods required by
Section 328.3, the referring agency may, within 10 court days
following receipt of the notification from the referral agency, apply
to the social worker for a review of that decision.

332. A petition to commence proceedings in the juvenile court to
declare a child a ward or a dependent child of the court shall be
verified and shall contain all of the following:
(a) The name of the court to which it is addressed.
(b) The title of the proceeding.
(c) The code section and the subdivision under which the
proceedings are instituted. If it is alleged that the child is a
person described by subdivision (e) of Section 300, the petition
shall include an allegation pursuant to that section.
(d) The name, age, and address, if any, of the child upon whose
behalf the petition is brought.
(e) The names and residence addresses, if known to the petitioner,
of both parents and any guardian of the child. If there is no parent
or guardian residing within the state, or if his or her place of
residence is not known to the petitioner, the petition shall also
contain the name and residence address, if known, of any adult
relative residing within the county, or, if there is none, the adult
relative residing nearest to the location of the court. If it is
known to the petitioner that one of the parents is a victim of
domestic violence and that parent is currently living separately from
the batterer-parent, the address of the victim-parent shall remain
confidential.
(f) A concise statement of facts, separately stated, to support
the conclusion that the child upon whose behalf the petition is being
brought is a person within the definition of each of the sections
and subdivisions under which the proceedings are being instituted.
(g) The fact that the child upon whose behalf the petition is
brought is detained in custody or is not detained in custody, and if
he or she is detained in custody, the date and the precise time the
child was taken into custody.
(h) A notice to the father, mother, spouse, or other person liable
for support of the child, of all of the following: (1) Section 903
makes that person, the estate of that person, and the estate of the
child, liable for the cost of the care, support, and maintenance of
the child in any county institution or any other place in which the
child is placed, detained, or committed pursuant to an order of the
juvenile court; (2) Section 903.1 makes that person, the estate of
that person, and the estate of the child, liable for the cost to the
county of legal services rendered to the child or the parent by a
private attorney or a public defender appointed pursuant to the order
of the juvenile court; (3) Section 903.2 makes that person, the
estate of that person, and the estate of the child, liable for the
cost to the county of the supervision of the child by the social
worker pursuant to the order of the juvenile court; and (4) the
liabilities established by these sections are joint and several.

333. Any petition filed in juvenile court to commence proceedings
pursuant to this chapter that is not verified may be dismissed
without prejudice by such court.

334. Upon the filing of the petition, the clerk of the juvenile
court shall set the same for hearing within 30 days, except that in
the case of a minor detained in custody at the time of the filing of
the petition, the petition must be set for hearing within 15 judicial
days from the date of the order of the court directing such
detention.

338. In addition to the notice provided in Sections 290.1 and 290.2
the juvenile court may issue its citation directing any parent or
guardian of the person concerning whom a petition has been filed to
appear at the time and place set for any hearing or financial
evaluation under the provisions of this chapter, including a hearing
under the provisions of Section 257, and directing any person having
custody or control of the minor concerning whom the petition has been
filed to bring such minor with him or her. The notice shall in
addition state that a parent or guardian may be required to
participate in a counseling program with the minor concerning whom
the petition has been filed. Personal service of such citation shall
be made at least 24 hours before the time stated therein for that
appearance.

339. In case such citation cannot be served, or the person served
fails to obey it, or in any case in which it appears to the court
that the citation will probably be ineffective, a warrant of arrest
may issue on the order of the court either against the parent, or
guardian, or the person having the custody of the minor, or with whom
the minor is living.

340. Whenever a petition has been filed in the juvenile court
alleging that a minor comes within Section 300 and praying for a
hearing thereon, or whenever any subsequent petition has been filed
praying for a hearing in the matter of the minor and it appears to
the court that the circumstances of his or her home environment may
endanger the health, person, or welfare of the minor, or whenever a
dependent minor has run away from his or her court ordered placement,
a protective custody warrant may be issued immediately for the
minor.

340.5. (a) Whenever pursuant to Article 10 (commencing with Section
360) a social worker is assigned to provide child welfare services,
family reunification services, or other services to a dependent child
of the juvenile court, the juvenile court may, for good cause shown
and after an ex parte hearing, issue its order restraining the
parents of the dependent child from threatening the social worker, or
any member of the social worker's family, with physical harm.
(b) For purposes of this section, "good cause" means at least one
threat of physical harm to the social worker, or any member of the
social worker's family, made by the person who is to be the subject
of the restraining order, with the apparent ability to carry out the
threat.
(c) Violation of a restraining order issued pursuant to this
section shall be punishable as contempt.

341. Upon request of the social worker, district attorney, the
child, or the child's parent, guardian, or custodian, or on the court'
s own motion, the court or the clerk of the court, or an attorney,
pursuant to Section 1985 of the Code of Civil Procedure, shall issue
subpoenas requiring attendance and testimony of witnesses and
production of papers at any hearing regarding a child who is alleged
or determined by the court to be a person described by Section 300.
When a person attends a juvenile court hearing as a witness upon a
subpoena, in its discretion, the court may by an order on its
minutes, direct the county auditor to draw his or her warrant upon
the county treasurer in favor of the witness for witness fees in the
amount and manner prescribed by Section 68093 of the Government Code.
The fees are county charges.

342. In any case in which a minor has been found to be a person
described by Section 300 and the petitioner alleges new facts or
circumstances, other than those under which the original petition was
sustained, sufficient to state that the minor is a person described
in Section 300, the petitioner shall file a subsequent petition. This
section does not apply if the jurisdiction of the juvenile court has
been terminated prior to the new allegations.
All procedures and hearings required for an original petition are
applicable to a subsequent petition filed under this section.