Rule 5.524. Form of petition; notice of hearing

(a) Form of petition-dependency (§§ 332, 333) The petition to declare a child a dependent of the court must be verified and may be dismissed without prejudice if not verified. The petition must contain the information stated in section 332.

(b) Form of petition-delinquency (§§ 656, 656.1, 656.5, 661) The petition to declare a child a ward of the court must be verified and may be dismissed without prejudice if not verified. The petition must contain the information stated in sections 656, 656.1, 656.5, 661, and, if applicable, the intent to aggregate other offenses under section 726.

(c) Use of forms Dependency petitions must be filed on a Judicial Council form. The filing party must useJuvenile Dependency Petition (Version One)(form JV-100) with theAdditional Children Attachment (Juvenile Dependency Petition)(form JV-101(A)) when appropriate, orJuvenile Dependency Petition (Version Two)(form JV-110) as prescribed by local rule or practice. Rules 1.31 and 1.35 govern the use of mandatory and optional forms, respectively.

(d) Amending the petition (§§ 348, 678) Chapter 8 of title 6 of part 2 of the Code of Civil Procedure, beginning at section 469, applies to variances and amendments of petitions and proceedings in the juvenile court.

(e) Notice of hearing-dependency (§§ 290.1, 290.2, 297, 338)

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

(2) If the county and the court choose to allow notice by electronic service of hearings under sections 291-295, the court must develop a process for obtaining consent from persons entitled to notice that complies with section 212.5 and ensures that notice can be effectuated according to statutory timelines.

(f) Notice of hearing-delinquency (§§ 630, 630.1, 658, 659, 660)

(1) Immediately after the filing of a petition to detain a child, the probation officer or the prosecuting attorney must issue and serve notice as prescribed in section 630.

(2) When a petition is filed, the clerk must issue and serve a notice of hearing in accordance with sections 658, 659, and 660 with a copy of the petition attached.

(3) After reasonable notification by counsel representing the child, or representing the child’s parents or guardian, the clerk must notify such counsel of the hearings as prescribed in section 630.1.

(g) Waiver of service (§§ 290.2, 660) A person may waive service of notice by a voluntary appearance noted in the minutes of the court, or by a written waiver of service filed with the clerk.

(h) Oral notice (§§ 290.1, 630) Notice required by sections 290.1 and 630 may be given orally. The social worker or probation officer must file a declaration stating that oral notice was given and to whom.

Committee Notes

(Subd (a) amended effective January 1, 2007; previously amended effective January 1, 1995, and January 1, 2006.)

(Subd (b) amended effective January 1, 2007; adopted effective January 1, 2006.)

(Subd (c) amended effective January 1, 2019; adopted as subd (b); previously amended and relettered effective January 1, 2006; previously amended effective January 1, 2007.)

(Subd (d) amended and relettered effective January 1, 2006; adopted as subd (c).)

(Subd (e) amended effective July 1, 2019; adopted as subd (d); previously amended and relettered effective January 1, 2006; previously amended effective January 1, 2007, and July 1, 2016.)

(Subd (f) amended effective January 1, 2019; adopted effective January 1, 2006; previously amended effective January 1, 2007.)

(Subd (g) amended and relettered effective January 1, 2006; adopted as subd (h).)

(Subd (h) amended effective January 1, 2007; adopted as subd (j); previously amended and relettered effective January 1, 2006.)