Title
Title
Rules and Forms | Juvenile Law: Physical Transfer of a Party in Custody (Action Required)
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Summary
Summary
Senate Bill 823 (Stats. 2020, ch. 337) established a new statutory process governing when and how a party whose juvenile case has been transferred to criminal court may be physically transferred from a juvenile facility to an adult facility. The Court of Appeal decision in Gabriel M. v. Superior Court (2024) 107 Cal.App.5th 446 highlighted conflicts between Welfare and Institutions Code section 208.5 and the rule and form implementing that statute. The Family and Juvenile Law Advisory Committee recommends amendments to California Rules of Court, rule 5.770, revisions to Order to Transfer Juvenile to Criminal Court Jurisdiction (form JV-710), and adoption of Order Regarding Housing in Adult Facility (form JV‑711) to align them with statutory requirements and ensure statewide consistency.
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Recommendation
Recommendation
The Family and Juvenile Law Advisory Committee recommends that the Judicial Council, effective January 1, 2027:
1. Amend California Rules of Court, rule 5.770, to remove provisions authorizing physical transfer at the time of the juvenile transfer hearing and clarify that the party remains in a juvenile facility unless transferred under Welfare and Institutions Code section 208.5;
2. Revise Order to Transfer Juvenile to Criminal Court Jurisdiction (form JV-710) to remove obsolete statutory references, delete outdated detention-related orders, and improve clarity through structural and terminology updates; and
3. Approve optional Order Regarding Housing in Adult Facility (form JV-711) to provide a standardized format for the hearing and findings required under section 208.5.
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