Rule 5.672. Continuances

(a) Detention hearing; right to one-day continuance; custody pending continued hearing (§§ 319, 322) On motion of the child, parent, or guardian, the court must continue the detention hearing for one court day. Unless otherwise ordered by the court, the child must remain detained pending completion of the detention hearing or a rehearing. The court must either find that continuance in the home of the parent or guardian is contrary to the child’s welfare or order the child released to the custody of the parent or guardian. The court may enter this finding on a temporary basis, without prejudice to any party, and reevaluate the finding at the time of the continued detention hearing.

(b) Initial hearing; child not detained If the child is not detained, motions for continuances of the initial hearing must be made and ruled on under rule 5.550.

Committee Notes

(Subd (a) amended effective January 1, 2007; previously amended effective July 1, 2002.)

(Subd (b) amended effective January 1, 2007; previously amended effective July 1, 2002.)