2005 California Welfare and Institutions Code Sections 305-324.5 Article 7. Dependent Children--Temporary Custody and Detention

305.  Any peace officer may, without a warrant, take into temporary
custody a minor:
   (a) When the officer has reasonable cause for believing that the
minor is a person described in Section 300, and, in addition, that
the minor has an immediate need for medical care, or the minor is in
immediate danger of physical or sexual abuse, or the physical
environment or the fact that the child is left unattended poses an
immediate threat to the  child's health or safety.  In cases in which
the child is left unattended, the peace officer shall first attempt
to contact the child's parent or guardian to determine if the parent
or guardian is able to assume custody of the child.  If the parent or
guardian cannot be contacted, the peace officer shall notify a
social worker in the county welfare department to assume custody of
the child.
   (b) Who is in a hospital and release of the minor to a parent
poses an immediate danger to the child's health or safety.
   (c) Who is a dependent child of the juvenile court, or concerning
whom an order has been made under Section 319, when the officer has
reasonable cause for believing that the minor has violated an order
of the juvenile court or has left any placement ordered by the
juvenile court.
   (d) Who is found in any street or public place suffering from any
sickness or injury which requires care, medical treatment,
hospitalization, or other remedial care.
305.5.  (a) Where an Indian child, who resides or is domiciled
within a reservation of an Indian tribe that has reassumed exclusive
jurisdiction over Indian child custody proceedings pursuant to
Section 1918 of Title 25 of the United States Code, has been removed
by a state or local authority from the custody of his or her parents
or Indian custodian, the state or local authority shall provide
notice of the removal to the tribe no later than the next working day
following the removal and shall provide all relevant documentation
to the tribe regarding the removal and the child's identity.  If the
tribe determines that the child is an Indian child, the state or
local authority shall transfer the child custody proceeding to the
tribe within 24 hours after receipt of written notice from the tribe
of that determination.
   (b) As used in this section, the terms "Indian child" and "Indian
child custody proceedings" shall be defined as provided in the
federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).
305.6.  (a) Any peace officer may, without a warrant, take into
temporary custody a minor who is in a hospital if the release of the
minor to a prospective adoptive parent poses an immediate danger to
the minor's health or safety.
   (b) (1) Notwithstanding subdivision (a) and Section 305, a peace
officer may not, without a warrant, take into temporary custody a
minor who is in a hospital if all of the following conditions exist:
   (A) The minor is a newborn who tested positive for illegal drugs
or whose birth mother tested positive for illegal drugs.
   (B) The minor is the subject of a petition for adoption and a
Health Facility Minor Release Report, prescribed by the department,
has been completed by the hospital, including the marking of the
boxes applicable to an independent adoption or agency adoption
planning, and signed by the placing birth parent or birth parents and
the prospective adoptive parent or parents, prior to the discharge
of the birth parent or the minor from the hospital.  Prior to signing
of the Health Facility Minor Release Report, the birth parent or
birth parents shall be given a notice written in at least 14-point
pica type, containing substantially the following statements:
   (i) That the Health Facility Minor Release Report does not
constitute consent to adoption of the minor by the prospective
adoptive parent or parents, or any other prospective adoptive parent
or parents.
   (ii) That the Health Facility Minor Release Report does not
constitute a relinquishment of parental rights for the purposes of
adoption.
   (iii) That the birth parent or birth parents or any person
authorized by the birth parent or birth parents may reclaim the minor
at any time from the prospective adoptive parent or parents or any
other person to whom the minor was released by the hospital, until an
adoption placement agreement or a relinquishment is signed by the
birth parent or birth parents.
   This notice shall be signed by the birth parent or birth parents
and attached to the Health Facility Minor Release Report.
   (C) The release of the minor to a prospective adoptive parent or
parents does not pose an immediate danger to the minor.
   (D) An attorney or an adoption agency has provided documentation
stating that he or she, or the agency, is representing the
prospective adoptive parent or parents for purposes of the adoption.
In the case of an independent adoption, as defined in Section 8524
of the Family Code, the attorney or adoption agency shall provide
documentation stating that the prospective adoptive parent or parents
have been informed that the child may be eligible for benefits
provided pursuant to the Adoption Assistance Program, as set forth in
Chapter 2.1 (commencing with Section 16115) of Part 4 of Division 9,
only if, at the time the petition is filed, the child has met the
requirements to receive federal supplemental security income benefits
pursuant to Subchapter XVI (commencing with Section 1381) of Chapter
7 of Title 42 of the United States Code, as determined and
documented by the federal Social Security Administration.
   (E) The prospective adoptive parent or parents or their
representative provides a copy of the Health Facility Minor Release
Report with the signed notice to the birth parent or birth parents as
described in subparagraph (B) and a copy of the petition for
adoption to the local child protective services agency or to the
peace officer who is at the hospital to take the minor into temporary
custody.
   (2) Notwithstanding Section 305 or subdivision (a) of this
section, a peace officer may not, without a warrant, take into
temporary custody a minor who is in a hospital if all of the
following conditions exist:
   (A) The minor is a newborn who tested positive for illegal drugs
or whose birth mother tested positive for illegal drugs.
   (B) The minor is the subject of a petition for adoption and a
prospective adoptive parent or prospective adoptive parents have been
licensed to act as a foster parent or foster parents of the minor
pending finalization of the petition for adoption.
   (C) The release of the minor to the prospective adoptive parent or
prospective adoptive parents does not pose an immediate danger to
the minor.
   (D) The prospective adoptive parent or parents or their
representative provides a copy of the petition for adoption and
documents evidencing licensure as a foster parent or foster parents
to the local child protective services agency or to the peace officer
who is at the hospital to take the minor into temporary custody.
   (3) If at the time the minor is released to the custody of a
prospective adoptive parent or parents or their representative
pursuant to paragraph (1) or (2), the petition for adoption of the
minor has not been filed with the court, the petition for adoption
shall be filed within 15 calendar days of the date the birth parent
was released from the hospital.
   (4) A copy of an adoption placement agreement signed by the
placing birth parent or birth parents and the prospective adoptive
parent or parents may be used in place of the Health Facility Minor
Release Report and notice to the birth parent or birth parents as
described in subparagraph (B) of paragraph (1).
   (c) Nothing in this section is intended to create a duty that
requires law enforcement to investigate the prospective adoptive
parent or parents.
306.  (a) Any social worker in a county welfare department, or an
Indian tribe that has entered into an agreement pursuant to Section
10553.1 while acting within the scope of his or her regular duties
under the direction of the juvenile court and pursuant to subdivision
(b) of Section 272, may do all of the following:
   (1) Receive and maintain, pending investigation, temporary custody
of a minor who is described in Section 300, and who has been
delivered by a peace officer.
   (2) Take into and maintain temporary custody of, without a
warrant, a minor who has been declared a dependent child of the
juvenile court under Section 300 or who the social worker has
reasonable cause to believe is a person described in subdivision (b)
or (g) of Section 300, and the social worker has reasonable cause to
believe that the minor has an immediate need for medical care or is
in immediate danger of physical or sexual abuse or the physical
environment poses an immediate threat to the child's health or
safety.
   (b) Before taking a minor into custody, a social worker shall
consider whether the child can remain safely in his or her residence.
  The consideration of whether the child can remain safely at home
shall include, but not be limited to, the following factors:
   (1) Whether there are any reasonable services available to the
worker which, if provided to the minor's parent, guardian, caretaker,
or to the minor, would eliminate the need to remove the minor from
the custody of his or her parent, guardian, or caretaker.
   (2) Whether a referral to public assistance pursuant to Chapter 2
(commencing with Section 11200) of Part 3, Chapter 7 (commencing with
Section 14000) of Part 3, Chapter 1 (commencing with Section 17000)
of Part 5, and Chapter 10 (commencing with Section 18900) of Part 6,
of Division 9 would eliminate the need to take temporary custody of
the minor.  If those services are available they shall be utilized.
   (3) Whether a nonoffending caretaker can provide for and protect
the child from abuse and neglect and whether the alleged perpetrator
voluntarily agrees to withdraw from the residence, withdraws from the
residence, and is likely to remain withdrawn from the residence.
306.5.  In any case in which a social worker takes a minor into
custody pursuant to Section 306, the social worker shall, to the
extent that it is practical and appropriate, place the minor together
with any siblings or half-siblings who are also detained or include
in the report prepared pursuant to Section 319 a statement of his or
her continuing efforts to place the siblings together or why those
efforts are not appropriate.
307.  A peace officer or probation officer who takes a minor into
temporary custody under the provisions of Section 305 shall
thereafter proceed as follows:
   (a) The officer may release the minor.
   (b) The officer may prepare in duplicate a written notice for the
parent or parents of the minor to appear with the minor before the
probation officer of the county in which the minor was taken into
custody at a time and place specified in the notice.  The notice
shall also contain a concise statement of the reasons the minor was
taken into custody.  The officer shall deliver one copy of the notice
to the minor and a parent, guardian, or responsible relative of the
minor and may require the minor and the parent, guardian, or relative
to sign a written promise that he or she shall appear at the time
and place designated in the notice.  Upon the execution of the
promise to appear, the officer shall immediately release the minor.
The officer shall, as soon as practicable, file one copy of the
notice with the probation officer.
   (c) The officer may take the minor without unnecessary delay
before the probation officer of the county in which the minor was
taken into custody, or in which the minor resides, or in which the
acts take place or the circumstances exist which are alleged to bring
the minor within the provisions of Section 300, and deliver the
minor into the custody of the probation officer.
   In determining which disposition of the minor shall be made, the
officer shall give preference to the alternative which least
interferes with the parents' or guardians' custody of the minor if
this alternative is compatible with the safety of the minor.  The
officer shall also consider the needs of the minor for the  least
restrictive environment and the protective needs of the community.
307.4.  (a) Any peace officer, probation officer, or social worker
who takes into temporary custody pursuant to Sections 305 to 307,
inclusive, a minor who comes within the description of Section 300
shall immediately inform, through the most efficient means available,
the parent, guardian, or responsible relative, that the minor has
been taken into protective custody and that a written statement is
available which explains the parent's or guardian's procedural rights
and the preliminary stages of the dependency investigation and
hearing.  The Judicial Council shall, in consultation with the County
Welfare Directors Association of California, adopt a form for the
written statement, which shall be in simple language and shall be
printed and distributed by the county.  The written statement shall
be made available for distribution through all public schools,
probation offices, and appropriate welfare offices.  It shall
include, but is not limited to, the following information:
   (1) The conditions under which the minor will be released,
hearings which may be required, and the means whereby further
specific information about the minor's case and conditions of
confinement may be obtained.
   (2) The rights to counsel, privileges against self-incrimination,
and rights to appeal possessed by the minor, and his or her parents,
guardians, or responsible relative.
   (b) If a good faith attempt was made at notification, the failure
on the part of the peace officer, probation officer, or social worker
to notify the parent or guardian that the written information
required by subdivision (a) is available shall be considered to be
due to circumstances beyond the control of the peace officer,
probation officer, or social worker, and shall not be construed to
permit a new defense to any juvenile or judicial proceeding or to
interfere with any rights, procedures, or investigations accorded
under any other law.
307.5.  Notwithstanding the provisions of Section 307, an officer
who takes a minor suspected of being a person described in Section
300 into temporary custody pursuant to subdivision (a) of Section 305
may, in a case where he or she deems that it is in the best interest
of the minor and the public, take the minor to a community service
program for abused or neglected children.  Organizations or programs
receiving referrals pursuant to this section shall have a contract or
an agreement with the county to provide shelter care  or counseling.
  Employees of a program receiving referrals pursuant to this section
are "child care custodians" for the purpose of the requirements of
Section 11165.7 of the Penal Code.  The receiving organization shall
take immediate steps to notify the minor's parent, guardian, or a
responsible relative of the place to which the minor was taken.
308.  (a) When a peace officer or social worker takes a minor into
custody pursuant to this article, he or she shall take immediate
steps to notify the minor's parent, guardian, or a responsible
relative that the minor is in custody and that the child has been
placed in a facility authorized by law to care for the child, and
shall provide a telephone number at which the minor may be contacted.
  The confidentiality of the address of any licensed foster family
home in which the child has been placed shall be maintained until the
dispositional hearing, at which time the judge may authorize, upon a
finding of good cause, the disclosure of the address.  However, the
court may order the release of the address of the licensed foster
family home to the minor's parent, guardian, or responsible relative
upon notification of the licensed foster family home in cases where a
petition to challenge jurisdiction or other motion to delay the
dispositional hearing beyond 60 days after the hearing at which the
minor was ordered removed or detained, pursuant to subdivision (b) of
Section 352, is granted.  Moreover, a foster parent may authorize
the release of the address of the foster family home at any time
during the placement.  The county welfare department shall make a
diligent and reasonable effort to ensure regular telephone contact
between the parent and a child of any age, prior to the detention
hearing, unless that contact would be detrimental to the child.  The
initial telephone contact shall take place as soon as practicable,
but no later than five hours after the child is taken into custody.
   (b) Immediately after being taken to a place of confinement
pursuant to this article and, except where physically impossible, no
later than one hour after he or she has been taken into custody, a
minor 10 years of age or older shall be advised that he or she has
the right to make at least two telephone calls from the place where
he or she is being held, one call completed to his or her parent,
guardian, or a responsible relative, and another call completed to an
attorney.  The calls shall be at public expense, if the calls are
completed to telephone numbers within the local calling area, and in
the presence of a public officer or employee.  Any public officer or
employee who willfully deprives a minor taken into custody of his or
her right to make these telephone calls is guilty of a misdemeanor.
309.  (a) Upon delivery to the social worker of a child who has been
taken into temporary custody under this article, the social worker
shall immediately investigate the circumstances of the child and the
facts surrounding the child's being taken into custody and attempt to
maintain the child with the child's family through the provision of
services.  The social worker shall immediately release the child to
the custody of the child's parent, guardian, or responsible relative
unless one or more of the following conditions exist:
   (1) The child has no parent, guardian, or responsible relative; or
the child's parent, guardian, or responsible relative is not willing
to provide care for the child.
   (2) Continued detention of the child is a matter of immediate and
urgent necessity for the protection of the child and there are no
reasonable means by which the child can be protected in his or her
home or the home of a responsible relative.
   (3) There is substantial evidence that a parent, guardian, or
custodian of the child is likely to flee the jurisdiction of the
court.
   (4) The child has left a placement in which he or she was placed
by the juvenile court.
   (5) The parent or other person having lawful custody of the child
voluntarily surrendered physical custody of the child pursuant to
Section 1255.7 of the Health and Safety Code and did not reclaim the
child within the 14-day period specified in subdivision (e) of that
section.
   (b) In any case in which there is reasonable cause for believing
that a child who is under the care of a physician or surgeon or a
hospital, clinic, or other medical facility and cannot be immediately
moved is a person described in Section 300, the child shall be
deemed to have been taken into temporary custody and delivered to the
social worker for the purposes of this chapter while the child is at
the office of the physician or surgeon or the medical facility.
   (c) If the child is not released to his or her parent or guardian,
the child shall be deemed detained for purposes of this chapter.
   (d) (1) If an able and willing relative, as defined in Section
319, or an able and willing nonrelative extended family member, as
defined in Section 362.7, is available and requests temporary
placement of the child pending the detention hearing, the county
welfare department shall initiate an assessment of the relative's or
nonrelative extended family member's suitability, which shall include
an in-home inspection to assess the safety of the home and the
ability of the relative or nonrelative extended family member to care
for the child's needs, and a consideration of the results of a
criminal records check conducted pursuant to Section 16504.5 and a
check of allegations of prior child abuse or neglect concerning the
relative or nonrelative extended family member and other adults in
the home.  Upon completion of this assessment, the child may be
placed in the assessed home.  For purposes of this paragraph, and
except for the criminal records check conducted pursuant to Section
16504.5, the standards used to determine suitability shall be the
same standards set forth in the regulations for the licensing of
foster family homes.
   (2) Immediately following the placement of a child in the home of
a relative or a nonrelative extended family member, the county
welfare department shall evaluate and approve or deny the home for
purposes of AFDC-FC eligibility pursuant to Section 11402.  The
standards used to evaluate and grant or deny approval of the home of
the relative and of the home of a nonrelative extended family member,
as described in Section 362.7, shall be the same standards set forth
in regulations for the licensing of foster family homes which
prescribe standards of safety and sanitation for the physical plant
and standards for basic personal care, supervision, and services
provided by the caregiver.
   (3) If a relative or nonrelative extended family member meets all
other conditions for approval, except for the receipt of the Federal
Bureau of Investigation's criminal history information for the
relative or nonrelative extended family member, and other adults in
the home, as indicated, the county welfare department may approve the
home and document that approval, if the relative or nonrelative
extended family member, and each adult in the home, has signed and
submitted a statement that he or she has never been convicted of a
crime in the United States, other than a traffic infraction as
defined in paragraph (1) of subdivision (a) of Section 42001 of the
Vehicle Code.  If, after the approval has been granted, the
department determines that the relative or nonrelative extended
family member or other adult in the home has a criminal record, the
approval may be terminated.
310.  As a condition for the release of such minor, the probation
officer may require such minor or his parent, guardian, or relative,
or both, to sign a written promise that either or both of them will
appear before the probation officer at a suitable place designated by
the probation officer at a specified time.
311.  (a) If the probation officer determines that the minor shall
be retained in custody, he or she shall immediately file a petition
pursuant to Section 332 with the clerk of the juvenile court who
shall set the matter for hearing on the detention hearing calendar.
   (b) In the hearing, the child, parents, or guardians have a
privilege against self-incrimination and have a right to
confrontation by, and cross-examination of, any person examined by
the court as provided in Section 319.
313.  (a) Whenever a minor is taken into custody by a peace officer
or probation officer, except when such minor willfully misrepresents
himself as 18 or more years of age, such minor shall be released
within 48 hours after having been taken into custody, excluding
nonjudicial days, unless within said period of time a petition to
declare him a dependent child has been filed pursuant to the
provisions of this chapter.
   (b) Whenever a minor who has been held in custody for more than
six hours by the probation officer is subsequently released and no
petition is filed, the probation officer shall prepare a written
explanation of why the minor was held in custody for more than six
hours.  The written explanation shall be prepared within 72 hours
after the minor is released from custody and filed in the record of
the case.  A copy of the written explanation shall be sent to the
parents, guardian, or other person having care or custody of the
minor.
314.  When a minor willfully misrepresents himself to be 18 or more
years of age when taken into custody by a peace officer or probation
officer, and this misrepresentation effects a material delay in
investigation which prevents the filing of a petition pursuant to the
provisions of this chapter, such petition or complaint shall be
filed within 48 hours from the time his true age is determined,
excluding nonjudicial days.  If, in such cases, the petition is not
filed within the time prescribed by this section, the minor shall be
immediately released from custody.
315.  If a minor has been taken into custody under this article and
not released to a parent or guardian, the juvenile court shall hold a
hearing (which shall be referred to as a "detention hearing") to
determine whether the minor shall be further detained.  This hearing
shall be held as soon as possible, but in any event before the
expiration of the next judicial day after a petition to declare the
minor a dependent child has been filed.  If the hearing is not held
within the period prescribed by this section, the minor shall be
released from custody.
316.  Upon his or her appearance before the court at the detention
hearing, each parent or guardian and the minor, if present, shall
first be informed of the reasons why the minor was taken into
custody, the nature of the juvenile court proceedings, and the right
of each parent or guardian and any minor to be represented at every
stage of the proceedings by counsel.
316.1.  (a) Upon his or her appearance before the court, each parent
or guardian shall designate for the court his or her permanent
mailing address.  The court shall advise each parent or guardian that
the designated mailing address will be used by the court and the
social services agency for notice purposes unless and until the
parent or guardian notifies the court or the social services agency
of a new mailing address in writing.
   (b) The Judicial Council may develop a form for the designation of
a permanent mailing address by parents and guardians for use by the
courts and social services agencies.
316.2.  (a) At the detention hearing, or as soon thereafter as
practicable, the court shall inquire of the mother and any other
appropriate person as to the identity and address of all presumed or
alleged fathers.  The presence at the hearing of a man claiming to be
the father shall not relieve the court of its duty of inquiry.  The
inquiry shall include at least all of the following, as the court
deems appropriate:
   (1) Whether a judgment of paternity already exists.
   (2) Whether the mother was married or believed she was married at
the time of conception of the child or at any time thereafter.
   (3) Whether the mother was cohabiting with a man at the time of
conception or birth of the child.
   (4) Whether the mother has received support payments or promises
of support with respect to the child or in connection with her
pregnancy.
   (5) Whether any man has formally or informally acknowledged or
declared his possible paternity of the child, including by signing a
voluntary declaration of paternity.
   (6) Whether paternity tests have been administered and the
results, if any.
   (7) Whether any man otherwise qualifies as a presumed father
pursuant to Section 7611, or any other provision, of the Family Code.
   (b) If, after the court inquiry, one or more men are identified as
an alleged father, each alleged father shall be provided notice at
his last and usual place of abode by certified mail return receipt
requested alleging that he is or could be the father of the child.
The notice shall state that the child is the subject of proceedings
under Section 300 and that the proceedings could result in the
termination of parental rights and adoption of the child.  Judicial
Council form Paternity-Waiver of Rights (JV-505) shall be included
with the notice.  Nothing in this section shall preclude a court from
terminating a father's parental rights even if an action has been
filed under Section 7630 or 7631 of the Family Code.
   (c) The court may determine that the failure of an alleged father
to return the certified mail receipt is not good cause to continue a
hearing pursuant to Section 355, 358, 360, 366.21, or 366.22.
   (d) If a man appears in the dependency action and files an action
under Section 7630 or 7631 of the Family Code, the court shall
determine if he is the father.
   (e) After a petition has been filed to declare a child a dependent
of the court, and until the time that the petition is dismissed,
dependency is terminated, or parental rights are terminated pursuant
to Section 366.26 or proceedings are commenced under Part 4
(commencing with Section 7800) of Division 12 of the Family Code, the
juvenile court which has jurisdiction of the dependency action shall
have exclusive jurisdiction to hear an action filed under Section
7630 or 7631 of the Family Code.
   (f) After any inquiry, proceeding, or determination made pursuant
to this section, the juvenile court shall note its findings in the
minutes of the court.
317.  (a) When it appears to the court that a parent or guardian of
the child desires counsel but is presently financially unable to
afford and cannot for that reason employ counsel, the court may
appoint counsel as provided in this section.
   (b) When it appears to the court that a parent or guardian of the
child is presently financially unable to afford and cannot for that
reason employ counsel, and the child has been placed in out-of-home
care, or the petitioning agency is recommending that the child be
placed in out-of-home care, the court shall appoint counsel, unless
the court finds that the parent or guardian has made a knowing and
intelligent waiver of counsel as provided in this section.
   (c) Where a child is not represented by counsel, the court shall
appoint counsel for the child unless the court finds that the child
would not benefit from the appointment of counsel.  The court shall
state on the record its reasons for that finding.  A primary
responsibility of any counsel appointed to represent a child pursuant
to this section shall be to advocate for the protection, safety, and
physical and emotional well-being of the child.  Counsel for the
child may be a district attorney, public defender, or other member of
the bar, provided that the counsel does not represent another party
or county agency whose interests conflict with the child's.  The fact
that the district attorney represents the child in a proceeding
pursuant to Section 300 as well as conducts a criminal investigation
or files a criminal complaint or information arising from the same or
reasonably related set of facts as the proceeding pursuant to
Section 300 is not in and of itself a conflict of interest.  The
court may fix the compensation for the services of appointed counsel.
  The appointed counsel shall have a caseload and training that
assures adequate representation of the child.  The Judicial Council
shall promulgate rules of court that establish caseload standards,
training requirements, and guidelines for appointed counsel for
children and shall adopt rules as required by Section 326.5 no later
than July 1, 2001.
   (d) The counsel appointed by the court shall represent the parent,
guardian, or child at the detention hearing and at all subsequent
proceedings before the juvenile court.  Counsel shall continue to
represent the parent or child unless relieved by the court upon the
substitution of other counsel or for cause.  The representation shall
include representing the parent or the child in termination
proceedings and in those proceedings relating to the institution or
setting aside of a legal guardianship.
   (e) The counsel for the child shall be charged in general with the
representation of the child's interests.  To that end, the counsel
shall make or cause to have made any further investigations that he
or she deems in good faith to be reasonably necessary to ascertain
the facts, including the interviewing of witnesses, and he or she
shall examine and cross-examine witnesses in both the adjudicatory
and dispositional hearings.  He or she may also introduce and examine
his or her own witnesses, make recommendations to the court
concerning the child's welfare, and participate further in the
proceedings to the degree necessary to adequately represent the
child.  In any case in which the child is four years of age or older,
counsel shall interview the child to determine the child's wishes
and to assess the child's well-being, and shall advise the court of
the child's wishes.  Counsel for the child shall not advocate for the
return of the child if, to the best of his or her knowledge, that
return conflicts with the protection and safety of the child.  In
addition counsel shall investigate the interests of the child beyond
the scope of the juvenile proceeding and report to the court other
interests of the child that may need to be protected by the
institution of other administrative or judicial proceedings.  The
attorney representing a child in a dependency proceeding is not
required to assume the responsibilities of a social worker and is not
expected to provide nonlegal services to the child.  The court shall
take whatever appropriate action is necessary to fully protect the
interests of the child.
   (f) Either the child or the counsel for the child, with the
informed consent of the child if the child is found by the court to
be of sufficient age and maturity to so consent, may invoke the
psychotherapist-client privilege, physician-patient privilege, and
clergyman-penitent privilege; and if the child invokes the privilege,
counsel may not waive it, but if counsel invokes the privilege, the
child may waive it.  Counsel shall be holder of these privileges if
the child is found by the court not to be of sufficient age and
maturity to so consent.  For the sole purpose of fulfilling his or
her obligation to provide legal representation of the child, counsel
for a child shall have access to all records with regard to the child
maintained by a health care facility, as defined in Section 1545 of
the Penal Code, health care providers, as defined in Section 6146 of
the Business and Professions Code, a physician and surgeon or other
health practitioner as defined in Section 11165.8 of the Penal Code
or a child care custodian, as defined in Section 11165.7 of the Penal
Code.  Notwithstanding any other law, counsel shall be given access
to all records relevant to the case which are maintained by state or
local public agencies.  All information requested from a child
protective agency regarding a child who is in protective custody, or
from a child's guardian ad litem, shall be provided to the child's
counsel within 30 days of the request.
   (g) In a county of the third class, if counsel is to be provided
to a child at county expense other than by counsel for the agency,
the court shall first utilize the services of the public defender
prior to appointing private counsel, to provide legal counsel.
Nothing in this subdivision shall be construed to require the
appointment of the public defender in any case in which the public
defender has a conflict of interest.  In the interest of justice, a
court may depart from that portion of the procedure requiring
appointment of the public defender after making a finding of good
cause and stating the reasons therefor on the record.
   (h) In a county of the third class, if counsel is to be appointed
for a parent or guardian at county expense, the court shall first
utilize the services of the alternate public defender, prior to
appointing private counsel, to provide legal counsel.  Nothing in
this subdivision shall be construed to require the appointment of the
alternate public defender in any case in which the public defender
has a conflict of interest.  In the interest of justice, a court may
depart from that portion of the procedure requiring appointment of
the alternate public defender after making a finding of good cause
and stating the reasons therefor on the record.
317.5.  (a) All parties who are represented by counsel at dependency
proceedings shall be entitled to competent counsel.
   (b) Each minor who is the subject of a dependency proceeding is a
party to that proceeding.
317.6.  (a) On or before January 1, 1996, the Judicial Council
shall, after consulting with representatives from the State Bar of
California, county counsels, district attorneys, public defenders,
county welfare directors, and children's advocacy groups, adopt rules
of court regarding the appointment of competent counsel in
dependency proceedings, including, but not limited to, the following:
   (1) The screening and appointment of competent counsel.
   (2) Establishing minimum standards of experience and education
necessary to qualify as competent counsel to represent a party in
dependency proceedings.
   (3) Procedures for handling client complaints regarding attorney
performance, including measures to inform clients of the complaint
process.
   (4) Procedures for informing the court of any interests of the
minor that may need to be protected in other proceedings.
   (b) On or before July 1, 1996, each superior court shall, after
consulting with representatives from the State Bar of California and
the local offices of the county counsel, district attorney, public
defender, county welfare department, and children's advocacy groups,
adopt local rules of court regarding the conduct of dependency
proceedings that address items such as procedures and timeframes for
the presentation of contested issues and witness lists to eliminate
unnecessary delays in dependency hearings.
318.  If a district attorney has represented a minor in a dependency
proceeding, that district attorney shall not appear, on behalf of
the people of the State of California, in any juvenile court hearing
which is based upon a petition that alleges that the same minor is a
person within the description of Section 602.
   Records kept by the district attorney in the course of
representation of a minor described in Section 300 are confidential
and shall be held separately, and shall not be inspected by members
of the district attorney's office not directly involved in the
representation of that minor.  A district attorney who represents or
who has represented a minor in a proceeding brought pursuant to
Section 300 shall not discuss the substance of that case with a
district attorney representing the people pursuant to Section 681 in
a proceeding brought pursuant to Section 602 in which that same minor
is the subject of the petition.
318.5.  In a juvenile court hearing, where the parent or guardian is
represented by counsel, the county counsel or district attorney
shall, at the request of the juvenile court judge, appear and
participate in the hearing to represent the petitioner.
319.  (a) At the initial petition hearing, the court shall examine
the child's parents, guardians, or other persons having relevant
knowledge and hear the relevant evidence as the child, the child's
parents or guardians, the petitioner, or their counsel desires to
present. The court may examine the child, as provided in Section 350.
   (b) The social worker shall report to the court on the reasons why
the child has been removed from the parent's physical custody; the
need, if any, for continued detention; the available services and the
referral methods to those services that could facilitate the return
of the child to the custody of the child's parents or guardians; and
whether there are any relatives who are able and willing to take
temporary physical custody of the child. The court shall order the
release of the child from custody unless a prima facie showing has
been made that the child comes within Section 300, the court finds
that continuance in the parent's or guardian's home is contrary to
the child's welfare, and any of the following circumstances exist:
   (1) There is a substantial danger to the physical health of the
child or the child is suffering severe emotional damage, and there
are no reasonable means by which the child's physical or emotional
health may be protected without removing the child from the parent's
or guardian's physical custody.
   (2) There is substantial evidence that a parent, guardian, or
custodian of the child is likely to flee the jurisdiction of the
court.
   (3) The child has left a placement in which he or she was placed
by the juvenile court.
   (4) The child indicates an unwillingness to return home, if the
child has been physically or sexually abused by a person residing in
the home.
   (c) If the matter is continued pursuant to Section 322 or for any
other reason, the court shall find that the continuance of the child
in the parent's or guardian's home is contrary to the child's welfare
at the initial petition hearing or order the release of the child
from custody.
   (d) (1) The court shall also make a determination on the record,
referencing the social worker's report or other evidence relied upon,
as to whether reasonable efforts were made to prevent or eliminate
the need for removal of the child from his or her home, pursuant to
subdivision (b) of Section 306, and whether there are available
services that would prevent the need for further detention. Services
to be considered for purposes of making this determination are case
management, counseling, emergency shelter care, emergency in-home
caretakers, out-of-home respite care, teaching and demonstrating
homemakers, parenting training, transportation, and any other child
welfare services authorized by the State Department of Social
Services pursuant to Chapter 5 (commencing with Section 16500) of
Part 4 of Division 9. The court shall also review whether the social
worker has considered whether a referral to public assistance
services pursuant to Chapter 2 (commencing with Section 11200) and
Chapter 7 (commencing with Section 14000) of Part 3, Chapter 1
(commencing with Section 17000) of Part 5, and Chapter 10 (commencing
with Section 18900) of Part 6 of Division 9 would have eliminated
the need to take temporary custody of the child or would prevent the
need for further detention.
   (2) If the child can be returned to the custody of his or her
parent or guardian through the provision of those services, the court
shall place the child with his or her parent or guardian and order
that the services shall be provided. If the child cannot be returned
to the physical custody of his or her parent or guardian, the court
shall determine if there is a relative who is able and willing to
care for the child, and has been assessed pursuant to paragraph (1)
of subdivision (d) of Section 309.
   (e) Whenever a court orders a child detained, the court shall
state the facts on which the decision is based, shall specify why the
initial removal was necessary, shall reference the social worker's
report or other evidence relied upon to make its determination
whether continuance in the home of the parent or legal guardian in
contrary to the child's welfare, shall order temporary placement and
care of the child to be vested with the county child welfare
department pending the hearing held pursuant to Section 355 or
further order of the court, and shall order services to be provided
as soon as possible to reunify the child and his or her family if
appropriate.
   (f) When the child is not released from custody, the court may
order that the child shall be placed in the assessed home of a
relative, in an emergency shelter or other suitable licensed place,
in a place exempt from licensure designated by the juvenile court, or
in the assessed home of a nonrelative extended family member as
defined in Section 362.7 for a period not to exceed 15 judicial days.
   As used in this section, "relative" means an adult who is related
to the child by blood, adoption, or affinity within the fifth degree
of kinship, including stepparents, stepsiblings, and all relatives
whose status is preceded by the words "great," "great-great," or
"grand," or the spouse of any of these persons, even if the marriage
was terminated by death or dissolution. However, only the following
relatives shall be given preferential consideration for placement of
the child: an adult who is a grandparent, aunt, uncle, or sibling of
the child.
   The court shall consider the recommendations of the social worker
based on the assessment pursuant to paragraph (1) of subdivision (d)
of Section 309 of the relative's home, including the results of a
criminal records check and prior child abuse allegations, if any,
prior to ordering that the child be placed with a relative. The court
shall order the parent to disclose to the social worker the names,
residences, and any known identifying information of any maternal or
paternal relatives of the child. The social worker shall initiate the
assessment pursuant to Section 361.3 of any relative to be
considered for continuing placement.
   (g) (1) At the initial hearing upon the petition filed in
accordance with subdivision (c) of Rule 1406 of the California Rules
of Court or anytime thereafter up until the time that the minor is
adjudged a dependent child of the court or a finding is made
dismissing the petition, the court may temporarily limit the right of
the parent or guardian to make educational decisions for the child
and temporarily appoint a responsible adult to make educational
decisions for the child if all of the following conditions are found:
   (A) The parent or guardian is unavailable, unable, or unwilling to
exercise educational rights for the child.
   (B) The county placing agency has made diligent efforts to locate
and secure the participation of the parent or guardian in educational
decisionmaking.
   (C) The child's educational needs cannot be met without the
temporary appointment of a responsible adult.
   (2) If the court cannot identify a responsible adult to make
educational decisions for the child and the appointment of a
surrogate parent as defined in subdivision (a) of Section 56050 of
the Education Code is not warranted, the court may, with the input of
any interested person, make educational decisions for the child. If
the court makes educational decisions for the child, the court shall
also issue appropriate orders to ensure that every effort is made to
identify a responsible adult to make future educational decisions for
the child.
   (3) Any temporary appointment of a responsible adult and temporary
limitation on the right of the parent or guardian to make
educational decisions for the child shall be specifically addressed
in the court order. Any order made under this section shall expire at
the conclusion of the hearing held pursuant to Section 361 or upon
dismissal of the petition. Upon the entering of disposition orders
any additional needed limitation on the parent's or guardian's
educational rights shall be addressed pursuant to Section 361.
319.1.  When the court finds a minor to be a person described by
Section 300, and believes that the minor may need specialized mental
health treatment while the minor is unable to reside in his or her
natural home, the court shall notify the director of the county
mental health department in the county where the minor resides.  The
county mental health department shall perform the duties required
under Section 5694.7 for all those minors.
   Nothing in this section shall restrict the provisions of emergency
psychiatric services to those minors who are involved in dependency
cases and have not yet reached the point of adjudication or
disposition, nor shall it operate to restrict evaluations at an
earlier stage of the proceedings or to restrict orders removing the
minor from a detention facility for psychiatric treatment.
319.2.  Notwithstanding Section 319, when a child under the age of
six years is not released from the custody of the court, the child
may be placed in a community care facility licensed as a group home
for children or in a temporary shelter care facility, as defined in
Section 1530.8 of the Health and Safety Code, only when the court
finds that placement is necessary to secure a complete and adequate
evaluation, including placement planning and transition time.  The
placement period shall not exceed 60 days unless a case plan has been
developed and the need for additional time is documented in the case
plan and has been approved by the supervisor of the caseworker's
supervisor.
321.  When a hearing is held under the provisions of this article
and no parent or guardian of the minor is present and no parent or
guardian has had actual notice of the hearing, a parent or guardian
of the minor may file an affidavit setting forth the facts with the
clerk of the juvenile court and the clerk shall immediately set the
matter for rehearing at a time within 24 hours, excluding Sundays and
nonjudicial days from the filing of the affidavit.  Upon the
rehearing, the court shall proceed in the same manner as upon the
original hearing.
   If the minor, a parent or guardian or the minor's attorney or
guardian ad litem, if either one or the other has been appointed by
the court, requests evidence of the prima facie case, a rehearing
shall be held within three judicial days to consider evidence of the
prima facie case.  If the prima facie case is not established, the
minor shall be released from detention.
   In lieu of a requested rehearing, the court may set the matter for
trial within 10 days.
   When the court ascertains that the rehearing cannot be held within
three judicial days because of the unavailability of a witness, a
reasonable continuance may be granted for a period not to exceed five
judicial days.
322.  Upon motion of the minor or a parent or guardian of such
minor, the court shall continue any hearing or rehearing held under
the provisions of this article for one day, excluding Sundays and
nonjudicial days.
323.  Upon any hearing or rehearing under the provisions of this
article, the court may order such minor or any parent or guardian of
such minor who is present in court to again appear before the court,
the probation officer or the county financial evaluation officer at a
time and place specified in said order.
324.  Whenever any minor is taken into temporary custody under the
provisions of this article in any county other than the county in
which the minor is alleged to be within or to come within the
jurisdiction of the juvenile court, which county is referred to
herein as the requesting county, the officer who has taken the minor
into temporary custody may notify the law enforcement agency in the
requesting county of the fact that the minor is in custody.  When a
law enforcement officer, of such requesting county files a petition
pursuant to Section 332 with the clerk of the juvenile court of his
respective county and secures a warrant therefrom, he shall forward
said warrant, or a telegraphic copy thereof to the officer who has
the minor in temporary custody as soon as possible within 48 hours,
excluding Sundays and nonjudicial days, from the time said juvenile
was taken into temporary custody.  Thereafter an officer from said
requesting county shall take custody of the minor within five days,
in the county in which the minor is in temporary custody, and shall
take the minor before the juvenile court judge who issued the
warrant, or before some other juvenile court of the same county
without unnecessary delay.  If the minor is not brought before a
judge of the juvenile court within the period prescribed by this
section, he must be released from custody.
324.5.  (a) Whenever allegations of physical or sexual abuse of a
child come to the attention of a local law enforcement agency or the
local child welfare department and the child is taken into protective
custody, the local law enforcement agency, or child welfare
department may, as soon as practically possible, consult with a
medical practitioner, who has specialized training in detecting and
treating child abuse injuries and neglect, to determine whether a
physical examination of the child is appropriate.  If deemed
appropriate, the local law enforcement agency, or the child welfare
department, shall cause the child to undergo a physical examination
performed by a medical practitioner who has specialized training in
detecting and treating child abuse injuries and neglect, and,
whenever possible, shall ensure that this examination take place
within 72 hours of the time the child was taken into protective
custody.  In the event the allegations are made while the child is in
custody, the physical examination shall be performed within 72 hours
of the time the allegations were made.
   In the case of a petition filed pursuant to Section 319, the
department shall provide the results of the physical examination to
the court and to any counsel for the minor, and counsel for the
parent or guardian of the minor.  Failure to obtain this physical
examination shall not be grounds to deny a petition under this
section.
   (b) The local child welfare agency shall, whenever possible,
request that additional medical examinations to determine child abuse
injuries or neglect, be performed by the same medical practitioner
who performed the examinations described in subdivision (a).  If it
is not possible to obtain additional medical examinations, the local
child welfare agency shall ensure that future medical practitioners
to whom the child has been referred for ongoing diagnosis and
treatment have specialized training in detecting and treating child
abuse injuries and neglect and have access to the child's medical
records covering the current and previous incidents of child abuse.