Title
Title
Rules and Forms | Juvenile Law: Harm of Removal
(Action Required)
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Summary
Summary
To implement recent legislation creating new factors to be considered by the juvenile court at a detention hearing, the Family and Juvenile Law Advisory Committee proposes amending three rules and revising one Judicial Council form, effective January 1, 2025. Senate Bill 578 (Ashby; Stats. 2023, ch. 618) amended Welfare and Institutions Code section 319 to require the court to consider the impact on the child when being separated from their parent or guardian at a detention hearing. The proposed changes to the rules and form related to the detention hearing address the new reporting requirements and clarify the court’s role in mitigating harm to the child related to removal from their home.
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Recommendation
Recommendation
The Family and Juvenile Law Advisory Committee recommends that the Judicial Council, effective January 1, 2025:
1. Amend rule 5.674 of the California Rules of Court to address new reporting requirements created by SB 578;
2. Amend rule 5.676 of the California Rules of Court to update reporting requirements and to reduce statutory redundancy;
3. Amend rule 5.678 of the California Rules of Court to address minor technical updates to references to subdivision numbers in section 319 renumbered by SB 578 and to provide clarification of a new determination on the child’s placement created by SB 578; and
4. Revise Findings and Orders After Detention Hearing (form JV-410) to conform it to new requirements related to SB 578.