LAW ENFORCEMENT CONTACT - Fresno Superior Court Process.pdf · 72 hours 3 days 24 hours out of...

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72 Hours 3 Days 24 Hours OUT OF CUSTODY DETAINED CUSTODY PROBATION INVESTIGATION D.A.-FILE PETITION CLOSED PRIMA FACIE HEARING ARRAIGNMENT/DETENTION HEARING JURISDICTIONAL HEARING PETITION SUSTAINED (Found True) DISPOSITIONAL HEARING (Sentencing) 6 MONTH REVIEW HEARING PERMANENCY PLANNING HEARING 15 DAY REVIEW & HEARING (Placement Cases) 366.26 – HEARING SELECTION & IMPLEMENTATION 120 Days from the Order Terminating Reunification Services LONG TERM PLACEMENT GUARDIANSHIP ADOPTION 600 flowchart 8/15/08 30 Calendar Days 30 Calendar Days LAW ENFORCEMENT CONTACT 48 Hours OUT OF CUSTODY IN CUSTODY Probation Drug Court Work Program Community Service Other Juvenile Hall Boot Camp CA Youth Authority Group Home Other 6 Months 15 Court Days 10 Court Days SUPERVISION 15 Court Days JUVENILE COURT DELINQUENCY HEARINGS ARRAIGNMENT/DETENTION HEARING W&I Section 628, Rules of Court 5.670 Presumption: The minor shall be released unless the court finds legal grounds to temporarily detain the minor. Burden of Proof: A prima facie showing has been made that the minor is described by section 601 or 602. Time Lines: A detention hearing shall be set and commenced as soon as possible, but no later than 72 hours, excluding non-court days, after the minor has been taken into custody. If not in custody, arraignment must be held within 15 days of the filing of the petition. PRIMA FACIE HEARING W&I Section 637, Rules of Court 5.762 Presumption: The child or child’s attorney requests that evidence of the prima facie case be presented. Burden of Proof: Petitioner to establish the prima facie case. Time Lines: Three court days after the detention hearing. * If contested hearing is requested. JURISDICTIONAL HEARING W&I Section 657, Rules of Court 5.774 Presumption: The court shall consider whether the minor is a person described by Section 601 or 602. Burden of Proof: Beyond a reasonable doubt. Time Lines: 30 calendar days from the date of the arraignment or first appearance, if not detained. If detained, 15 judicial days from the date of the order of the court directing detention DISPOSITIONAL HEARING W&I Section 702, Rules of Court 5.782, 5.785 Presumption: After finding that the minor is a person described in Section 601 or 602, the court shall hear evidence on the question of the proper disposition to be made of the minor. Time Lines: 10 judicial days after jurisdictional hearing, if minor detained. 30 calendar days after jurisdictional hearing, if minor is not detained. 15 DAY REVIEW HEARING W&I Section 737(b) Presumption: In any case in which a minor is detained for more than 15 days pending the execution of the order of commitment or of any other disposition, the court shall periodically review the case to determine whether the delay is reasonable. The court shall inquire regarding the action taken by the probation department to carry out its order, the reasons for the delay, and the effect of the delay upon the minor. Time Lines: These reviews shall be held at least every 15 days, commencing from the time the minor was initially detained pending the execution of the order of commitment or of any other disposition. 6-MONTH REVIEW HEARING W&I Section 727.3, Rules of Court 5.810 Presumption: The status of every child declared a ward and placed in placement shall be reviewed at the time of the initial placement order and then as determined by the court but no less frequently than once every six months. Burden of Proof: The minor may be returned to the parents unless the court finds, by a preponderance of the evidence, that the return of the minor to his or her parent or legal guardian would create a substantial risk of detriment to the safety, protection, or physical or emotional well-being of the minor. Time Lines: 6 months from the date the minor entered placement. PERMANENCY PLANNING HEARING W&I Section 727.3(f)(1) Presumption: There shall be a permanency planning hearing within 12 months of the date the minor entered placement and periodically thereafter, but no less frequently than every 12 months during the period of placement. Burden of Proof: If the minor is not returned to a parent or legal guardian at the permanency hearing, the court shall determine whether or not the minor should be referred for adoption proceedings, referred for legal guardianship, or referred to an alternative planned permanent living arrangement, including whether, because of the minor's special needs or circumstances, the minor should be continued in placement on a permanent basis. Time Lines: Permanency planning hearings shall be scheduled periodically, but no less frequently than once each 12 months thereafter. TERMINATION OF PARENTAL RIGHTS HEARING W&I Section 727.31(a), W&I 366.26 Presumption: This section applies to all minors placed in out-of-home care pursuant to Section 727.3 and for whom the juvenile court orders a hearing to consider permanently terminating parental rights to free the minor for adoption. The procedures for permanently terminating parental rights for minors described by this section shall proceed exclusively pursuant to Section 366.26. Burden of Proof: Clear and convincing evidence that the minor child will be adopted. Time Lines: 120 days from Order Terminating Reunification Services. Fresno County Superior Court, Juvenile Delinquency Division PETITION DISMISSED (Found Untrue) 15 Calendar Days 6 Months

Transcript of LAW ENFORCEMENT CONTACT - Fresno Superior Court Process.pdf · 72 hours 3 days 24 hours out of...

Page 1: LAW ENFORCEMENT CONTACT - Fresno Superior Court Process.pdf · 72 hours 3 days 24 hours out of custody detained custody probation investigation closed d.a.-file petition prima facie

72Hours

3 Days

24Hours

OUT OF CUSTODY DETAINED

CUSTODY

PROBATION INVESTIGATION

D.A.-FILE PETITIONCLOSED

PRIMA FACIE HEARING

ARRAIGNMENT/DETENTIONHEARING

JURISDICTIONAL HEARING

PETITION SUSTAINED(Found True)

DISPOSITIONALHEARING(Sentencing)

6 MONTH REVIEW HEARING

PERMANENCY PLANNINGHEARING

15 DAY REVIEW & HEARING(Placement Cases)

366.26 – HEARINGSELECTION & IMPLEMENTATION

120 Days from the Order Terminating Reunification Services

LONG TERM PLACEMENT GUARDIANSHIP ADOPTION

600 flowchart 8/15/08

30Calendar

Days

30Calendar

Days

LAW ENFORCEMENT CONTACT

48Hours

OUT OF CUSTODY IN CUSTODY

ProbationDrug Court

Work ProgramCommunity Service

Other

Juvenile HallBoot Camp

CA Youth AuthorityGroup Home

Other

6Months

15CourtDays

10CourtDays

SUPERVISION

15CourtDays

JUVENILE COURT DELINQUENCY HEARINGS

A R R A I G N M E N T / D E T E N T I O N H E A R I N GW&I Section 628, Rules of Court 5.670Presumption: The minor shall be released unless the court findslegal grounds to temporarily detain the minor.Burden of Proof: A prima facie showing has been made that theminor is described by section 601 or 602.Time Lines: A detention hearing shall be set and commenced assoon as possible, but no later than 72 hours, excluding non-courtdays, after the minor has been taken into custody. If not in custody,arraignment must be held within 15 days of the filing of the petition.

P R I M A F A C I E H E A R I N GW&I Section 637, Rules of Court 5.762Presumption: The child or child’s attorney requests that evidence ofthe prima facie case be presented.Burden of Proof: Petitioner to establish the prima facie case.Time Lines: Three court days after the detention hearing.* If contested hearing is requested.

J U R I S D I C T I O N A L H E A R I N GW&I Section 657, Rules of Court 5.774Presumption: The court shall consider whether the minor is a persondescribed by Section 601 or 602.Burden of Proof: Beyond a reasonable doubt.Time Lines: 30 calendar days from the date of the arraignment orfirst appearance, if not detained. If detained, 15 judicial days fromthe date of the order of the court directing detention

D I S P O S I T I O N A L H E A R I N GW&I Section 702, Rules of Court 5.782, 5.785Presumption: After finding that the minor is a person described inSection 601 or 602, the court shall hear evidence on the question ofthe proper disposition to be made of the minor.Time Lines: 10 judicial days after jurisdictional hearing, if minordetained. 30 calendar days after jurisdictional hearing, if minor is notdetained.

1 5 D A Y R E V I E W H E A R I N GW&I Section 737(b)Presumption: In any case in which a minor is detained for more than15 days pending the execution of the order of commitment or of anyother disposition, the court shall periodically review the case todetermine whether the delay is reasonable. The court shall inquireregarding the action taken by the probation department to carry outits order, the reasons for the delay, and the effect of the delay uponthe minor.Time Lines: These reviews shall be held at least every 15 days,commencing from the time the minor was initially detained pending theexecution of the order of commitment or of any other disposition.

6 - M O N T H R E V I E W H E A R I N GW&I Section 727.3, Rules of Court 5.810Presumption: The status of every child declared a ward and placedin placement shall be reviewed at the time of the initial placementorder and then as determined by the court but no less frequently thanonce every six months.Burden of Proof: The minor may be returned to the parents unlessthe court finds, by a preponderance of the evidence, that the return ofthe minor to his or her parent or legal guardianwould create a substantial risk of detriment to the safety, protection,or physical or emotional well-being of the minor.Time Lines: 6 months from the date the minor entered placement.

P E R M A N E N C Y P L A N N I N G H E A R I N GW&I Section 727.3(f)(1)Presumption: There shall be a permanency planning hearing within12 months of the date the minor entered placement and periodicallythereafter, but no less frequently than every 12 months during theperiod of placement.Burden of Proof: If the minor is not returned to a parent or legalguardian at the permanency hearing, the court shall determinewhether or not the minor should be referred for adoption proceedings,referred for legal guardianship, or referred to an alternative plannedpermanent living arrangement, including whether, because of theminor's special needs or circumstances, the minor should becontinued in placement on a permanent basis.Time Lines: Permanency planning hearings shall be scheduledperiodically, but no less frequently than once each 12 monthsthereafter.

T E R M I N A T I O N O F P A R E N T A L R I G H T S H E A R I N GW&I Section 727.31(a), W&I 366.26Presumption: This section applies to all minors placed inout-of-home care pursuant to Section 727.3 and for whom thejuvenile court orders a hearing to consider permanently terminatingparental rights to free the minor for adoption. The procedures forpermanently terminating parental rights for minors described by thissection shall proceed exclusively pursuant to Section 366.26.Burden of Proof: Clear and convincing evidence that the minor childwill be adopted.Time Lines: 120 days from Order Terminating ReunificationServices.

Fresno County Superior Court, Juvenile Delinquency Division

PETITION DISMISSED(Found Untrue)

15Calendar

Days

6Months