SECTIONS 625-641 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 625-641

625. A peace officer may, without a warrant, take into temporary
custody a minor:
(a) Who is under the age of 18 years when such officer has
reasonable cause for believing that such minor is a person described
in Section 601 or 602, or
(b) Who is a ward of the juvenile court or concerning whom an
order has been made under Section 636 or 702, when such officer has
reasonable cause for believing that person has violated an order of
the juvenile court or has escaped from any commitment ordered by the
juvenile court, or
(c) Who is under the age of 18 years and 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.
In any case where a minor is taken into temporary custody on the
ground that there is reasonable cause for believing that such minor
is a person described in Section 601 or 602, or that he has violated
an order of the juvenile court or escaped from any commitment ordered
by the juvenile court, the officer shall advise such minor that
anything he says can be used against him and shall advise him of his
constitutional rights, including his right to remain silent, his
right to have counsel present during any interrogation, and his right
to have counsel appointed if he is unable to afford counsel.

625.1. Any minor who is taken into temporary custody pursuant to
subdivision (a) of Section 625, when the peace officer has reasonable
cause for believing the minor is a person described in Section 602,
or pursuant to subdivision (b) or (c) of Section 625, may be
requested to submit to voluntary chemical testing of his or her urine
for the purpose of determining the presence of alcohol or illegal
drugs. The peace officer shall inform the minor that the chemical
test is voluntary. The results of this test may be considered by the
court in determining the disposition of the minor pursuant to Section
706 or 777. Unless otherwise provided by law, the results of such a
test shall not be the basis of a petition filed by the prosecuting
attorney to declare the minor a person described in Section 602, nor
shall it be the basis for such a finding by a court pursuant to
Section 702.

625.2. (a) Before administering the chemical test pursuant to
Section 625.1, the peace officer shall give the following admonition:
"I am asking you to take a voluntary urine test to test for the
presence of drugs or alcohol in your body. You have the right to
refuse to take this test. If you do take the test, it cannot be used
as the basis for filing any additional charges against you. It can be
used by a court for the purpose of sentencing. You have the right to
telephone your parent or guardian before you decide whether or not
to take this test."
(b) The admonition in subdivision (a) shall not be given when a
chemical test is administered pursuant to Section 23157 of the
Vehicle Code.

625.3. Notwithstanding Section 625, a minor who is 14 years of age
or older and who is taken into custody by a peace officer for the
personal use of a firearm in the commission or attempted commission
of a felony or any offense listed in subdivision (b) of Section 707
shall not be released until that minor is brought before a judicial
officer.

625.5. (a) It is the intent of the Legislature in enacting this
section to accomplish the following purposes:
(1) To safeguard the fiscal integrity of cities and counties by
enabling them to recoup the law enforcement costs of identifying,
detaining, and transporting minors who violate curfew ordinances to
their places of residence.
(2) To encourage parents and legal guardians to exercise
reasonable care, supervision, and control over their minor children
so as to prevent them from committing unlawful acts.
(3) To help eradicate criminal street gang activity.
(b) This section shall only apply to a city, county, or city and
county in which the governing body of the city, county, or city and
county has enacted an ordinance prohibiting minors from remaining in
or upon the public streets unsupervised after hours and has adopted a
resolution to implement this section.
(c) Except as provided in subdivision (d), law enforcement
personnel are authorized to temporarily detain any minor upon a
reasonable suspicion based on articulable facts that the minor is in
violation of the ordinance described in subdivision (b) and to
transport that minor to his or her place of permanent or temporary
residence within the state, whether the place of residence is located
within or without the jurisdiction of the governing body, or to the
custody of his or her parents or legal guardian. A law enforcement
officer may decide not to temporarily detain and transport a minor if
he or she determines that the minor has a legitimate reason based on
extenuating circumstances for violating the ordinance.
(d) Upon the first violation of the ordinance described in
subdivision (b), the law enforcement officer shall issue to the minor
a warning citation regarding the consequences of a second violation
of the ordinance. A designated representative of the governmental
entity issuing the citation shall mail to the parents of the minor or
legal guardian a notification that states that upon a second
violation, the parents or legal guardian may be held liable for
actual administrative and transportation costs, and that requires the
parents or legal guardian to sign and return the notification. This
notification shall include a space for the explanation of any
circumstances relevant to an applicable exemption from the fee as
provided by subdivision (e). This explanation shall be reviewed by a
designated representative of the governmental entity that issued the
citation and notification. If the explanation is found to be
insufficient, the representative may request a consultation with the
parents or legal guardian for the purpose of discussing the
circumstances claimed to be relevant to an applicable exemption.
(e) A fee for the actual costs of administrative and
transportation services for the return of the minor to his or her
place of residence, or to the custody of his or her parents or legal
guardian, may be charged jointly or severally to the minor, his or
her parents, or legal guardian, in an amount not to exceed those
actual costs. Upon petition of the person required to pay the fee,
the governmental entity issuing the citation shall conduct a hearing
as to the validity of the fees charged, and may waive payment of the
fee by the minor, his or her parents, or legal guardian, upon a
finding of good cause. If authorized by the governing body, the city,
county, or city and county may charge this fee, in which case the
city, county, or city and county may (1) provide for waiver of the
payment of the fee by the parents or legal guardian upon a
determination that the person has made reasonable efforts to exercise
supervision and control over the minor, (2) provide for a
determination of the ability to pay the fee and provide that the fee
may be waived if neither the minor nor the parents or legal guardian
has the ability to pay the fee, (3) provide for the performance of
community service in lieu of imposition of the fee, and (4) provide
for waiver of the payment of the fee by the parents or legal guardian
upon a determination that the parents or legal guardian has limited
physical or legal custody and control of the minor.
(f) In a civil action commenced by a city, county, or city and
county to collect the fee, a court may waive payment of the fee by
the minor, his or her parents, or legal guardian, upon a finding of
good cause.

626. An officer who takes a minor into temporary custody under the
provisions of Section 625 may do any of the following:
(a) Release the minor.
(b) Deliver or refer the minor to a public or private agency with
which the city or county has an agreement or plan to provide shelter
care, counseling, or diversion services to minors so delivered.
(c) Prepare in duplicate a written notice to appear 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 or to a parent, guardian, or responsible relative of the minor
and may require the minor or the minor's parent, guardian, or
relative, or both, to sign a written promise to 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. The written notice to appear may require
that the minor be fingerprinted, photographed, or both, upon the
minor's appearance before the probation officer, if the minor is a
person described in Section 602 and he or she was taken into custody
upon reasonable cause for the commission of a felony.
(d) 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 601 or 602, and deliver the custody of the
minor to the probation officer. The peace officer shall prepare a
concise written statement of the probable cause for taking the minor
into temporary custody and the reasons the minor was taken into
custody and shall provide the statement to the probation officer at
the time the minor is delivered to the probation officer. In no case
shall the officer delay the delivery of the minor to the probation
officer for more than 24 hours if the minor has been taken into
custody without a warrant on the belief that the minor has committed
a misdemeanor.
In determining which disposition of the minor to make, the officer
shall prefer the alternative which least restricts the minor's
freedom of movement, provided that alternative is compatible with the
best interests of the minor and the community.

626.5. If an officer who takes a minor into temporary custody under
the provisions of Section 625 determines that the minor should be
brought to the attention of the juvenile court, he or she shall
thereafter take one of the following actions:
(a) He or she may prepare in duplicate a written notice to appear
before the probation officer of the county in which the minor was
taken in 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 or to a parent, guardian, or responsible
relative of the minor and may require the minor or his or her parent,
guardian, or relative, or both, to sign a written promise that
either or both will 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.
(b) He or she 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 took
place or the circumstances exist which are alleged to bring the minor
within the provisions of Section 601 or 602, and deliver the custody
of the minor to the probation officer. The peace officer shall
prepare a concise written statement of the probable cause for taking
the minor into temporary custody and the reasons the minor was taken
into custody and shall provide that statement to the probation
officer at the time the minor is delivered to the probation officer.
In no case shall he or she delay the delivery of the minor to the
probation officer for more than 24 hours if the minor has been taken
into custody without a warrant on the belief that he or she has
committed a misdemeanor.
In determining which disposition of the minor he or she will make,
the officer shall prefer the alternative which least restricts the
minor's freedom of movement, provided that alternative is compatible
with the best interests of the minor and the community.

626.6. Notwithstanding Section 626.5, any peace officer who takes a
minor who is 14 years of age or older into temporary custody under
Section 625.3 shall 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 took
place or the circumstances exist which are alleged to bring the minor
within the provisions of Section 602, and deliver the custody of the
minor to the probation officer. The peace officer shall prepare a
concise written statement of the probable cause for taking the minor
into temporary custody and the reasons the minor was taken into
custody and shall provide that statement to the probation officer at
the time the minor is delivered to the probation officer.

627. (a) When an officer takes a minor before a probation officer
at a juvenile hall or to any other place of confinement pursuant to
this article, he shall take immediate steps to notify the minor's
parent, guardian, or a responsible relative that such minor is in
custody and the place where he is being held.
(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 has been taken into custody, the minor
shall be advised and has the right to make at least two telephone
calls from the place where he is being held, one call completed to
his parent or guardian, a responsible relative, or his employer, 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 right to make such telephone calls is
guilty of a misdemeanor.

627.5. In any case where a minor is taken before a probation
officer pursuant to the provisions of Section 626 and it is alleged
that such minor is a person described in Section 601 or 602, the
probation officer shall immediately advise the minor and his parent
or guardian that anything the minor says can be used against him and
shall advise them of the minor's constitutional rights, including his
right to remain silent, his right to have counsel present during any
interrogation, and his right to have counsel appointed if he is
unable to afford counsel. If the minor or his parent or guardian
requests counsel, the probation officer shall notify the judge of the
juvenile court of such request and counsel for the minor shall be
appointed pursuant to Section 634.

628. (a) Upon delivery to the probation officer of a minor who has
been taken into temporary custody under the provisions of this
article, the probation officer shall immediately investigate the
circumstances of the minor and the facts surrounding his or her being
taken into custody and shall immediately release the minor to the
custody of his or her parent, legal guardian, or responsible relative
unless it can be demonstrated upon the evidence before the court
that continuance in the home is contrary to the minor's welfare and
one or more of the following conditions exist:
(1) The minor is in need of proper and effective parental care or
control and has no parent, legal guardian, or responsible relative;
or has no parent, legal guardian, or responsible relative willing to
exercise or capable of exercising that care or control; or has no
parent, legal guardian, or responsible relative actually exercising
that care or control.
(2) The minor is destitute or is not provided with the necessities
of life or is not provided with a home or suitable place of abode.
(3) The minor is provided with a home which is an unfit place for
him or her by reason of neglect, cruelty, depravity or physical abuse
by either of his or her parents, or by his or her legal guardian or
other person in whose custody or care he or she is entrusted.
(4) Continued detention of the minor is a matter of immediate and
urgent necessity for the protection of the minor or reasonable
necessity for the protection of the person or property of another.
(5) The minor is likely to flee the jurisdiction of the court.
(6) The minor has violated an order of the juvenile court.
(7) The minor is physically dangerous to the public because of a
mental or physical deficiency, disorder or abnormality.
(b) If the probation officer has reason to believe that the minor
is at risk of entering foster care placement as defined in paragraphs
(1) and (2) of subdivision (d) of Section 727.4, then the probation
officer shall, as part of the investigation undertaken pursuant to
subdivision (a), make reasonable efforts, as described in paragraph
(5) of subdivision (d) of Section 727.4, to prevent or eliminate the
need for removal of the minor from his or her home.
(c) In any case in which there is reasonable cause for believing
that a minor who is under the care of a physician or surgeon or a
hospital, clinic, or other medical facility and cannot be immediately
moved is a person described in subdivision (d) of Section 300, the
minor shall be deemed to have been taken into temporary custody and
delivered to the probation officer for the purposes of this chapter
while he or she is at the office of the physician or surgeon or that
medical facility.
(d) (1) It is the intent of the Legislature that this subdivision
shall comply with paragraph (29) of subsection (a) of Section 671 of
Title 42 of the United States Code as added by the Fostering
Connections to Success and Increasing Adoptions Act of 2008 (Public
Law 110-351). It is further the intent of the Legislature that the
identification and notification of relatives shall be made as early
as possible after the removal of a youth who is at risk of entering
foster care placement.
(2) If the minor is detained and the probation officer has reason
to believe that the minor is at risk of entering foster care
placement, as defined in paragraphs (1) and (2) of subdivision (d) of
Section 727.4, then the probation officer shall conduct, within 30
days, an investigation in order to identify and locate all
grandparents, adult siblings, and other 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 probation
officer 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 the date on which the
child is detained, 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,
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. When oral notification is provided, the probation
officer is not required to provide detailed information about the
various options to help with the care and placement of the child.
(3) The probation officer shall use due diligence in investigating
the names and locations of the relatives pursuant to paragraph (2),
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.
(4) 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 the probation officer did not
conduct the identification and notification of relatives, as required
in paragraph (2), but the court orders foster care placement, the
probation officer shall conduct the investigation to find and notify
relatives within 30 days of the placement order. Nothing in this
section shall be construed to delay foster care placement for an
individual child.

628.1. If the minor meets one or more of the criteria for detention
under Section 628, but the probation officer believes that 24-hour
secure detention is not necessary in order to protect the minor or
the person or property of another, or to ensure that the minor does
not flee the jurisdiction of the court, the probation officer shall
proceed according to this section.
Unless one of the conditions described in paragraph (1), (2), or
(3) of subdivision (a) of Section 628 exists, the probation officer
shall release such minor to his or her parent, guardian, or
responsible relative on home supervision. As a condition for such
release, the probation officer shall require the minor to sign a
written promise that he or she understands and will observe the
specific conditions of home supervision release. As an additional
condition for release, the probation officer also shall require the
minor's parent, guardian, or responsible relative to sign a written
promise, translated into a language the parent understands, if
necessary, that he or she understands the specific conditions of home
supervision release. These conditions may include curfew and school
attendance requirements related to the protection of the minor or the
person or property of another, or to the minor's appearances at
court hearings. A minor who violates a specific condition of home
supervision release which he or she has promised in writing to obey
may be taken into custody and placed in secure detention, subject to
court review at a detention hearing.
A minor on home supervision shall be entitled to the same legal
protections as a minor in secure detention, including a detention
hearing.

629. (a) As a condition for the release of a minor pursuant to
Section 628.1 and subject to Sections 631 and 632, the probation
officer shall require the minor to sign, and may also require his or
her parent, guardian, or relative to sign, a written promise to
appear before the probation officer at the juvenile hall or other
suitable place designated by the probation officer at a specified
time.
(b) A minor who is 14 years of age or older who is taken into
custody by a peace officer for the commission or attempted commission
of a felony offense shall not be released until the minor has signed
a written promise to appear before the probation officer at the
juvenile hall or other suitable place designated by the peace
officer, or has been given an order to appear at the juvenile court
on a date certain. The peace officer may also require the minor's
parent, guardian, or relative to sign a written promise to appear at
the same place designated for the minor.

629.1. Notwithstanding Section 628 or 628.1, whenever a minor who
is 14 years of age or older is delivered to the custody of the
probation officer pursuant to Section 626.6, the probation officer
shall retain the minor in custody until such time that the minor can
be brought before a judicial officer of the juvenile court pursuant
to Section 632.

630. (a) If the probation officer determines that the minor shall
be retained in custody, he shall immediately proceed in accordance
with Article 16 (commencing with Section 650) to cause the filing of
a petition pursuant to Section 656 with the clerk of the juvenile
court who shall set the matter for hearing on the detention calendar.
Immediately upon filing the petition with the clerk of the juvenile
court, if the minor is alleged to be a person described in Section
601 or 602, the probation officer or the prosecuting attorney, as the
case may be, shall serve such minor with a copy of the petition and
notify him of the time and place of the detention hearing. The
probation officer, or the prosecuting attorney, as the case may be,
shall thereupon notify each parent or each guardian of the minor of
the time and place of such hearing if the whereabouts of each parent
or guardian can be ascertained by due diligence. Such notice may be
given orally.
(b) In such hearing the minor has a privilege against
self-incrimination and has a right to confrontation by, and
cross-examination of, any person examined by the court as provided in
Section 635.

630.1. Upon reasonable notification by counsel representing the
minor, his parents or guardian, the clerk of the court shall notify
such counsel of the hearings in the manner provided for notice to the
parent or guardian of the minor under this chapter.

631. (a) Except as provided in subdivision (b), whenever a minor is
taken into custody by a peace officer or probation officer, except
when the minor willfully misrepresents himself or herself as 18 or
more years of age, the minor shall be released within 48 hours after
having been taken into custody, excluding nonjudicial days, unless
within that period of time a petition to declare the minor a ward has
been filed pursuant to this chapter or a criminal complaint against
the minor has been filed in a court of competent jurisdiction.
(b) Except when the minor represents himself or herself as 18 or
more years of age, whenever a minor is taken into custody by a peace
officer or probation officer without a warrant on the belief that the
minor has committed a misdemeanor that does not involve violence,
the threat of violence, or possession or use of a weapon, and if the
minor is not currently on probation or parole, the minor shall be
released within 48 hours after having been taken into custody ,
excluding nonjudicial days, unless a petition has been filed to
declare the minor to be a ward of the court and the minor has been
ordered detained by a judge or referee of the juvenile court pursuant
to Section 635. In all cases involving the detention of a minor
pursuant to this subdivision, any decision to detain the minor more
than 24 hours shall be subject to written review and approval by a
probation officer who is a supervisor as soon as possible after it is
known that the minor will be detained more than 24 hours. However,
if the initial decision to detain the minor more than 24 hours is
made by a probation officer who is a supervisor, the decision shall
not be subject to review and approval.
(c) Whenever a minor who has been held in custody for more than 24
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 24
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.

631.1. 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 or the filing of a
criminal complaint against him in a court of competent jurisdiction
within 48 hours, 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 or complaint is not filed
within the time prescribed by this section, the minor shall be
immediately released from custody.

632. (a) Except as provided in subdivision (b), unless sooner
released, a minor taken into custody under the provisions of this
article shall, as soon as possible but in any event before the
expiration of the next judicial day after a petition to declare the
minor a ward or dependent child has been filed, be brought before a
judge or referee of the juvenile court for a hearing to determine
whether the minor shall be further detained. Such a hearing shall be
referred to as a "detention hearing."
(b) Whenever a minor is taken into custody without a warrant on
the belief that he or she has committed a misdemeanor not involving
violence, a threat of violence, or possession or use of weapons, if
the minor is not currently on probation or parole, he or she shall be
brought before a judge or referee of the juvenile court for a
detention hearing as soon as possible, but no later than 48 hours
after having been taken into custody, excluding nonjudicial days,
after a petition to declare the minor a ward has been filed. In all
cases involving the detention of a minor pursuant to this subdivision
where the minor will not be brought before the judge or referee of
the juvenile court within 24 hours, the decision not to bring the
minor before the judge or referee within 24 hours shall be subject to
written review and approval by a probation officer who is a
supervisor as soon as possible after it is known that the minor will
not be brought before the judge or referee within 24 hours. However,
if the decision not to bring the minor before the judge or referee
within 24 hours is made by a probation officer who is a supervisor,
the decision shall not be subject to review and approval.
(c) If the minor is not brought before a judge or referee of the
juvenile court within the period prescribed by this section, he or
she shall be released from custody.

633. Upon his appearance before the court at the detention hearing,
such minor and his parent or guardian, 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 such minor
and his parent or guardian to be represented at every stage of the
proceedings by counsel.

634. When it appears to the court that the minor or his parent or
guardian desires counsel but is unable to afford and cannot for that
reason employ counsel, the court may appoint counsel. In a case in
which the minor is alleged to be a person described in Section 601 or
602, the court shall appoint counsel for the minor if he appears at
the hearing without counsel, whether he is unable to afford counsel
or not, unless there is an intelligent waiver of the right of counsel
by the minor; and, in the absence of such waiver, if the parent or
guardian does not furnish counsel and the court determines that the
parent or guardian has the ability to pay for counsel, the court
shall appoint counsel at the expense of the parent or guardian. In
any case in which it appears to the court that there is such a
conflict of interest between a parent or guardian and child that one
attorney could not properly represent both, the court shall appoint
counsel, in addition to counsel already employed by a parent or
guardian or appointed by the court to represent the minor or parent
or guardian. In a county where there is no public defender the court
may fix the compensation to be paid by the county for service of such
appointed counsel.

634.6. Any counsel upon entering an appearance on behalf of a minor
shall continue to represent that minor unless relieved by the court
upon the substitution of other counsel or for cause.

635. The court will examine the minor, his or her parent, legal
guardian, or other person having relevant knowledge, hear relevant
evidence the minor, his or her parent, legal guardian, or counsel
desires to present, and, unless it appears that the minor has
violated an order of the juvenile court or has escaped from the
commitment of the juvenile court or that it is a matter of immediate
and urgent necessity for the protection of the minor or reasonably
necessary for the protection of the person or property of another
that he or she be detained or that the minor is likely to flee to
avoid the jurisdiction of the court, the court shall make its order
releasing the minor from custody.
The circumstances and gravity of the alleged offense may be
considered, in conjunction with other factors, to determine whether
it is a matter of immediate and urgent necessity for the protection
of the minor or reasonably necessary for the protection of the person
or property of another that the minor be detained.
The court shall order release of the minor from custody unless a
prima facie showing has been made that the minor is a person
described in Section 601 or 602.
If the probation officer has reason to believe that the minor is
at-risk of entering foster care placement as defined by Section
11402, then the probation officer shall submit a written report to
the court containing all of the following: the reasons why the minor
has been removed from the parent's custody; any prior referrals for
abuse or neglect of the minor or any prior filings regarding the
minor pursuant to Section 300; the need, if any, for continued
detention; the available services that could facilitate the return of
the minor to the custody of the minor's parents or guardians; and
whether there are any relatives who are able and willing to provide
effective care and control over the minor.

635.1. When the court finds a minor to be a person described by
Section 602 and believes the minor may need specialized mental health
treatment while the minor is unable to reside in his or her natural
home, the court shall notify the director of the county mental health
department in the county where the minor resides. The county mental
health department shall perform the duties required under Section
5697.5 for all those minors.
Nothing in this section shall restrict the provision of emergency
psychiatric services to those minors who have not yet reached the
point of adjudication or disposition, nor shall it operate to
restrict evaluations at an earlier stage of the proceedings or to
restrict the use of Sections 4011.6 and 4011.8 of the Penal Code.

636. (a) If it appears upon the hearing that the minor has violated
an order of the juvenile court or has escaped from a commitment of
the juvenile court or that it is a matter of immediate and urgent
necessity for the protection of the minor or reasonably necessary for
the protection of the person or property of another that he or she
be detained or that the minor is likely to flee to avoid the
jurisdiction of the court, and that continuance in the home is
contrary to the minor's welfare, the court may make its order that
the minor be detained in the juvenile hall or other suitable place
designated by the juvenile court for a period not to exceed 15
judicial days and shall enter said order together with its findings
of fact in support thereof in the records of the court. The
circumstances and gravity of the alleged offense may be considered,
in conjunction with other factors, to determine whether it is a
matter of immediate and urgent necessity for the protection of the
minor or the person or property of another that the minor be
detained.
(b) If the court finds that the criteria of Section 628.1 are
applicable, the court shall place the minor on home supervision for a
period not to exceed 15 judicial days, and shall enter the order
together with its findings of fact in support thereof in the records
of the court. If the court releases the minor on home supervision,
the court may continue, modify, or augment any conditions of release
previously imposed by the probation officer, or may impose new
conditions on a minor released for the first time. If there are new
or modified conditions, the minor shall be required to sign a written
promise to obey those conditions pursuant to Section 628.1.
(c) If the probation officer is recommending that the minor be
detained, the probation officer shall submit to the court
documentation, as follows:
(1) Documentation that continuance in the home is contrary to the
minor's welfare shall be submitted to the court as part of the
detention report prepared pursuant to Section 635.
(2) Documentation that reasonable efforts were made to prevent or
eliminate the need for removal of the minor from the home and
documentation of the nature and results of the services provided
shall be submitted to the court either as part of the detention
report prepared pursuant to Section 635, or as part of a case plan
prepared pursuant to Section 636.1, but in no case later than 60 days
from the date of detention.
(d) Before detaining the minor, the court shall determine whether
continuance in the home is contrary to the minor's welfare and
whether there are available services that would prevent the need for
further detention. The court shall make that determination on a
case-by-case basis and shall make reference to the documentation
provided by the probation officer or other evidence relied upon in
reaching its decision.
(1) If the minor can be returned to the custody of his or her
parent or legal guardian at the detention hearing, through the
provision of services to prevent removal, the court shall release the
minor to the physical custody of his or her parent or legal guardian
and order that those services be provided.
(2) If the minor cannot be returned to the custody of his or her
parent or legal guardian at the detention hearing, the court shall
state the facts upon which the detention is based. The court shall
make the following findings on the record and reference the probation
officer's report or other evidence relied upon to make its
determinations:
(A) Whether continuance in the home of the parent or legal
guardian is contrary to the minor's welfare.
(B) Whether reasonable efforts have been made to safely maintain
the minor in the home of his or her parent or legal guardian and to
prevent or eliminate the need for removal of the minor from his or
her home. This finding shall be made at the detention hearing if
possible, but in no case later than 60 days following the minor's
removal from the home.
(3) If the minor cannot be returned to the custody of his or her
parent or legal guardian at the detention hearing, the court shall
make the following orders:
(A) The probation officer shall provide services as soon as
possible to enable the minor's parent or legal guardian to obtain any
assistance as may be needed to enable the parent or guardian to
effectively provide the care and control necessary for the minor to
return to the home.
(B) The minor's placement and care shall be the responsibility of
the probation department pending disposition or further order of the
court.
(4) If the matter is set for rehearing pursuant to Section 637, or
continued pursuant to Section 638, or continued for any other
reason, the court shall find that the continuance of the minor in the
parent's or guardian's home is contrary to the minor's welfare at
the initial petition hearing or order the release of the minor from
custody.
(e) Whether the minor is returned home or detained, the court
shall order the minor's parent or guardian to cooperate with the
probation officer in obtaining those services described in paragraph
(1) or in subparagraph (A) of paragraph (3).

636.1. (a) When a minor is detained pursuant to Section 636
following a finding by the court that continuance in the home is
contrary to the minor's welfare and the minor is at risk of entering
foster care, the probation officer shall, within 60 calendar days of
initial removal, or by the date of the disposition hearing, whichever
occurs first, complete a case plan.
(b) If the probation officer believes that reasonable efforts by
the minor, his or her parent or legal guardian, and the probation
officer will enable the minor to safely return home, the case plan
shall focus on those issues and activities associated with those
efforts, including a description of the strengths and needs of the
minor and his or her family and identification of the services that
will be provided to the minor and his or her family in order to
reduce or eliminate the need for the minor to be placed in foster
care and make it possible for the minor to safely return to his or
her home.
(c) If, based on the information available to the probation
officer, the probation officer believes that foster care placement is
the most appropriate disposition, the case plan shall include all
the information required by Section 706.6.

636.2. The probation officer may operate and maintain nonsecure
detention facilities, or may contract with public or private agencies
offering such services, for those minors who are not considered
escape risks and are not considered a danger to themselves or to the
person or property of another. Criteria to be considered for
detention in such facilities shall include, but not be limited to:
(a) the nature of the offense, (b) the minor's previous record
including escapes from secure detention facilities, (c) lack of
criminal sophistication, and (d) the age of the minor. A minor
detained in such facilities who leaves the same without permission
may be housed in a secure facility following his apprehension,
pending a detention hearing pursuant to Section 632.

637. When a hearing is held under the provisions of this article
and no parent or guardian of such minor is present and no parent or
guardian has had actual notice of the hearing, a parent or guardian
of such minor may file his affidavit setting forth such facts with
the clerk of the juvenile court and the clerk shall immediately set
the matter for rehearing at a time within 24 hours, excluding Sundays
and nonjudicial days from the filing of the affidavit. Upon the
rehearing, the court shall proceed in the same manner as upon the
original hearing.
If the minor or, if the minor is represented by an attorney, the
minor's attorney, requests evidence of the prima facie case, a
rehearing shall be held within three judicial days to consider
evidence of the prima facie case. If the prima facie case is not
established, the minor shall be released from detention.
When the court ascertains that the rehearing cannot be held within
three judicial days because of the unavailability of a witness, a
reasonable continuance may be granted for a period not to exceed five
judicial days.

638. Upon motion of the minor or a parent or guardian of such
minor, the court shall continue any hearing or rehearing held under
the provisions of this article for one day, excluding Sundays and
nonjudicial days.

639. Upon any hearing or rehearing under the provisions of this
article, the court may order such minor or any parent or guardian of
such minor who is present in court to again appear before the court
or the probation officer or the county financial evaluation officer
at a time and place specified in said order.

641. Whenever any minor is taken into temporary custody under the
provisions of this article in any county other than the county in
which the minor is alleged to be within or to come within the
jurisdiction of the juvenile court, which county is referred to
herein as the requesting county, the officer who has taken the minor
into temporary custody may notify the law enforcement agency in the
requesting county of the fact that the minor is in custody. When a
law enforcement officer, of such requesting county files a petition
pursuant to Section 656 with the clerk of the juvenile court of his
respective county and secures a warrant therefrom, he shall forward
said warrant, or a telegraphic copy thereof to the officer who has
the minor in temporary custody as soon as possible within 48 hours,
excluding Sundays and nonjudicial days, from the time said juvenile
was taken into temporary custody. Thereafter an officer from said
requesting county shall take custody of the minor within five days,
in the county in which the minor is in temporary custody, and shall
take the minor before the juvenile court judge who issued the
warrant, or before some other juvenile court of the same county
without unnecessary delay. If the minor is not brought before a judge
of the juvenile court within the period prescribed by this section,
he must be released from custody.