§ 635. — 635. (Amended by Stats. 2023, Ch. 608, Sec. 1.)

California § 635.

• Jurisdiction: California
• Code WIC: Welfare and Institutions Code - WIC
• Div. 2.: DIVISION 2. CHILDREN
• Part 1.: PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT
• Ch. 2.: CHAPTER 2. Juvenile Court Law
• Art. 15.: ARTICLE 15. Wards—Temporary Custody and Detention

Text

(a)
The court will examine the minor, their parent, legal guardian, or other person having relevant knowledge, hear relevant evidence the minor, their parent, legal guardian, or counsel desires to present, and, unless it appears that the minor has violated an order of the juvenile court or has escaped from the commitment of the juvenile court or that it is a matter of immediate and urgent necessity for the protection of the minor or reasonably necessary for the protection of the person or property of another that they be detained or that the minor is likely to flee to avoid the jurisdiction of the court, the court shall make its order releasing the minor from custody.
(b)
(1)
The circumstances and gravity of the alleged offense may be considered, in conjunction with other factors, to determine whether it is a matter of immediate and urgent necessity for the protection of the minor or reasonably necessary for the protection of the person or property of another that the minor be detained.
(2)
The court’s decision to detain shall be based on the above factors, and shall not be based solely on the minor’s county of residence. A minor shall be given equal consideration for release on home supervision pursuant to Section 628.1, which may include electronic monitoring pursuant to Section 628.2, regardless of whether the minor lives in the county where the offense occurred.
The juvenile court has authority to order the minor be placed on home supervision, with or without electronic monitoring, regardless of the minor’s county of residence.
(3)
If a minor is a dependent of the court pursuant to Section 300, the court’s decision to detain shall not be based on the minor’s status as a dependent of the court or the child welfare services department’s inability to provide a placement for the minor.
(c)
(1)
The court shall order release of the minor from custody unless a prima facie showing has been made that the minor is a person described in Section 601 or 602.
(2)
If the court orders release of a minor who is a dependent of the court pursuant to Section 300, the court
shall order the child welfare services department either to ensure that the minor’s current foster parent or other caregiver takes physical custody of the minor or to take physical custody of the minor and place the minor in a licensed or approved placement.
(d)
If the probation officer has reason to believe that the minor is at risk of entering foster care placement as described in Section 11402, then the probation officer shall submit a written report to the court containing all of the following:
(1)
The reasons why the minor has been removed from the parent’s custody.
(2)
Any prior referrals for abuse or neglect of the minor or any prior filings regarding the minor pursuant to Section 300.
(3)
The need, if any, for continued detention.
(4)
The available services that could facilitate the return of the minor to the custody of the minor’s parents or guardians.
(5)
Whether there are any relatives who are able and willing to provide effective care and control over the minor.

Legislative History

Amended by Stats. 2023, Ch. 608, Sec. 1. (SB 448) Effective January 1, 2024.