Rule 5.613. Transfer of nonminor dependents

(a) Purpose This rule applies to requests to transfer the county of jurisdiction of a nonminor dependent as allowed by Welfare and Institutions Code section 375. This rule sets forth the procedures that a court is to follow when it seeks to order a transfer of a nonminor dependent and those to be followed by the court receiving the transfer. All other intercounty transfers of juveniles are subject to rules 5.610 and 5.612.

(b) Transfer-out hearing

(1) Determination of residence-special rule on intercounty transfers (§§ 17.1, 375)

(A) For purposes of this rule, the residence of a nonminor dependent who is placed in a planned permanent living arrangement may be either the county in which the court that has jurisdiction over the nonminor is located or the county in which the nonminor has resided continuously for at least one year as a nonminor dependent and the nonminor dependent has expressed his or her intent to remain.

(B) If a nonminor dependent’s dependency jurisdiction has been resumed, or if transition jurisdiction has been assumed or resumed by the juvenile court that retained general jurisdiction over the nonminor under section 303, the county that the nonminor dependent is residing in may be deemed the county of residence of the nonminor dependent. The court may make this determination if the nonminor has established a continuous physical presence in the county for one year as a nonminor and has expressed his or her intent to remain in that county after the court grants the petition to resume jurisdiction. The period of continuous physical presence includes any period of continuous residence immediately before filing the petition.

(2) Verification of residence

(3) Transfer to county of nonminor’s residence (§ 375)

(4) Transfer on change in nonminor’s residence (§ 375)

(5) Conduct of hearing

(A) The request for transfer must be made onMotion for Transfer Out(form JV-548), which must include all required information.

(B) After the court determines whether a nonminor has established residency in another county as required in (b)(1), the court must consider whether transfer of the case would be in the nonminor’s best interest. The court may not transfer the case unless it determines that the nonminor supports the transfer and that the transfer will protect or further the nonminor’s best interest.

(C) If the transfer-out motion is granted, the sending court must set a date certain for the transfer-in hearing in the receiving court, which must be within 10 court days of the transfer-out order. The sending court must state on the record the date, time, and location of the hearing in the receiving court.

(6) Order of transfer (§ 377)

(7) Modification of form JV-552

(A) Notwithstanding the mandatory use of form JV-552, the form may be modified for use by a formalized regional collaboration of courts to facilitate the efficient processing of transfer cases among those courts if the modification has been approved by the Judicial Council.

(B) The mandatory form must be used by a regional collaboration when transferring a case to a court outside the collaboration or when accepting a transfer from a court outside the collaboration.

(8) Transmittal of documents (§ 377)

(9) Appeal of transfer order (§ 379)

(c) Transfer-in hearing

(1) Procedure on transfer (§ 378)

(2) Conduct of hearing

(A) Advise the nonminor of the purpose and scope of the hearing; and

(B) Provide for the appointment of counsel, if appropriate.

(3) Subsequent proceedings

(4) Setting six-month review (§ 366.31)

(5) Change of circumstances or additional facts (§§ 388, 778)