2005 California Welfare and Institutions Code Sections 345-359 Article 9. Dependent Children--Hearings

345.  All cases under this chapter shall be heard at a special or
separate session of the court, and no other matter shall be heard at
such a session.  No person on trial, awaiting trial, or under
accusation of crime, other than a parent, guardian, or relative of
the minor, shall be permitted to be present at any such session,
except as a witness.
   Cases in which the minor is detained and the sole allegation is
that the minor is a person described in Section 300 shall be granted
precedence on the calendar of the court for the day on which the case
is set for hearing.
346.  Unless requested by a parent or guardian and consented to or
requested by the minor concerning whom the petition has been filed,
the public shall not be admitted to a juvenile court hearing. The
judge or referee may nevertheless admit such persons as he deems to
have a direct and legitimate interest in the particular case or the
work of the court.
347.  At any juvenile court hearing conducted by a juvenile court
judge, an official court reporter shall, and at any such hearing
conducted by a juvenile court referee, the official reporter, as
directed by the court, may take down in shorthand all the testimony
and all of the statements and remarks of the judge and all persons
appearing at the hearing; and, if directed by the judge, or requested
by the person on whose behalf the petition was brought, or by his
parent or legal guardian, or the attorneys of such persons, he must,
within such reasonable time after the hearing of the petition as the
court may designate, write out the same or such specific portions
thereof as may be requested in plain and legible longhand or by
typewriter or other printing machine and certify to the same as being
correctly reported and transcribed, and when directed by the court,
file the same with the clerk of the court.  Unless otherwise directed
by the judge, the costs of writing out and transcribing all or any
portion of the reporter's shorthand notes shall be paid in advance at
the rates fixed for transcriptions in a civil action by the person
requesting the same.
348.  The provisions of Chapter 8 (commencing with Section 469) of
Title 6 of Part 2 of the Code of Civil Procedure relating to variance
and amendment of pleadings in civil actions shall apply to petitions
and proceedings under this chapter, to the same extent and with the
same effect as if proceedings under this chapter were civil actions.
349.  A minor who is the subject of a juvenile court hearing and any
person entitled to notice of the hearing under the provisions of
Sections 290.1 and 290.2, is entitled to be present at the hearing.
The minor and any person who is entitled to that notice has the right
to be represented at the hearing by counsel of his or her own
choice.  If the minor is 10 years of age or older and he or she is
not present at the hearing, the court shall determine whether the
minor was properly notified of his or her right to attend the
hearing.
350.  (a) (1) The judge of the juvenile court shall control all
proceedings during the hearings with a view to the expeditious and
effective ascertainment of the jurisdictional facts and the
ascertainment of all information relative to the present condition
and future welfare of the person upon whose behalf the petition is
brought.  Except where there is a contested issue of fact or law, the
proceedings shall be conducted in an informal nonadversary
atmosphere with a view to obtaining the maximum cooperation of the
minor upon whose behalf the petition is brought and all persons
interested in his or her welfare with any provisions that the court
may make for the disposition and care of the minor.
   (2) Each juvenile court is encouraged to develop a dependency
mediation program to provide a problem-solving forum for all
interested persons to develop a plan in the best interests of the
child, emphasizing family preservation and strengthening.  The
Legislature finds that mediation of these matters assists the court
in resolving conflict, and helps the court to intervene in a
constructive manner in those cases where court intervention is
necessary.  Notwithstanding any other provision of law, no person,
except the mediator, who is required to report suspected child abuse
pursuant to the Child Abuse and Neglect Reporting Act (Article 2.5
(commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of
the Penal Code), shall be exempted from those requirements under
Chapter 2 (commencing with Section 1115) of Division 9 of the
Evidence Code because he or she agreed to participate in a dependency
mediation program established in the juvenile court.
   If a dependency mediation program has been established in a
juvenile court, and if mediation is requested by any person who the
judge or referee deems to have a direct and legitimate interest in
the particular case, or on the court's own motion, the matter may be
set for confidential mediation to develop a plan in the best
interests of the child, utilizing resources within the family first
and within the community if required.
   (b) The testimony of a minor may be taken in chambers and outside
the presence of the minor's parent or parents, if the minor's parent
or parents are represented by counsel, the counsel is present and any
of the following circumstances exist:
   (1) The court determines that testimony in chambers is necessary
to ensure truthful testimony.
   (2) The minor is likely to be intimidated by a formal courtroom
setting.
   (3) The minor is afraid to testify in front of his or her parent
or parents.
   After testimony in chambers, the parent or parents of the minor
may elect to have the court reporter read back the testimony or have
the testimony summarized by counsel for the parent or parents.
   The testimony of a minor also may be taken in chambers and outside
the presence of the guardian or guardians of a minor under the
circumstances specified in this subdivision.
   (c) At any hearing in which the probation department bears the
burden of proof, after the presentation of evidence on behalf of the
probation department and the minor has been closed, the court, on
motion of the minor, parent, or guardian, or on its own motion, shall
order whatever action the law requires of it if the court, upon
weighing all of the evidence then before it, finds that the burden of
proof has not been met.  That action includes, but is not limited
to, the dismissal of the petition and release of the minor at a
jurisdictional hearing, the return of the minor at an out-of-home
review held prior to the permanency planning hearing, or the
termination of jurisdiction at an in-home review.  If the motion is
not granted, the parent or guardian may offer evidence without first
having reserved that right.
352.  (a) Upon request of counsel for the parent, guardian, minor,
or petitioner, the court may continue any hearing under this chapter
beyond the time limit within which the hearing is otherwise required
to be held, provided that no continuance shall be granted that is
contrary to the interest of the minor.  In considering the minor's
interests, the court shall give substantial weight to a minor's need
for prompt resolution of his or her custody status, the need to
provide children with stable environments, and the damage to a minor
of prolonged temporary placements.
   Continuances shall be granted only upon a showing of good cause
and only for that period of time shown to be necessary by the
evidence presented at the hearing on the motion for the continuance.
Neither a stipulation between counsel nor the convenience of the
parties is in and of itself a good cause.  Further, neither a pending
criminal prosecution nor family law matter shall be considered in
and of itself as good cause.  Whenever any continuance is granted,
the facts proven which require the continuance shall be entered upon
the minutes of the court.
   In order to obtain a motion for a continuance of the hearing,
written notice shall be filed at least two court days prior to the
date set for hearing, together with affidavits or declarations
detailing specific facts showing that a continuance is necessary,
unless the court for good cause entertains an oral motion for
continuance.
   (b) Notwithstanding any other provision of law, if a minor has
been removed from the parents' or guardians' custody, no continuance
shall be granted that would result in the dispositional hearing, held
pursuant to Section 361, being completed longer than 60 days after
the hearing at which the minor was ordered removed or detained,
unless the court finds that there are exceptional circumstances
requiring such a continuance.  The facts supporting such a
continuance shall be entered upon the minutes of the court.  In no
event shall the court grant continuances that would cause the hearing
pursuant to Section 361 to be completed more  than six months after
the hearing pursuant to Section 319.
   (c) In any case in which the parent, guardian, or minor is
represented by counsel and no objection  is made to an order
continuing any such hearing beyond the time limit within which the
hearing is otherwise required to be held, the absence of such an
objection shall be deemed a consent to the continuance.  The consent
does not affect the requirements of subdivision (a).
353.  At the beginning of the hearing on a petition filed pursuant
to Article  8 (commencing with Section 325) of this chapter, the
judge or clerk shall first read the petition to those present.  Upon
request of any parent, guardian, or adult relative, counsel for the
minor, or the minor, if he or she is present, the judge shall explain
any term of allegation contained therein and the nature of the
hearing, its procedures, and possible consequences.  The judge shall
ascertain whether the parent, guardian, or adult relative and, when
required by Section 317, the minor have been informed of their right
to be represented by counsel, and if not, the judge shall advise
those persons, if present, of the right to have counsel present and
where applicable, of the right to appointed counsel.  If such a
person is unable to afford counsel and desires to  be represented by
counsel, the court shall appoint counsel in accordance with Section
317.  The court shall continue the hearing for not to exceed seven
days, as necessary to make an appointment of counsel, or to enable
counsel to acquaint himself or herself with the case, or to determine
whether the parent or guardian or adult relative is unable to afford
counsel at his or her own expense, and shall continue the hearing as
necessary to provide reasonable opportunity for the minor and the
parent or guardian or adult relative to prepare for the hearing.
353.1.  (a) At the hearing on a petition filed pursuant to Article 8
(commencing with Section 325) of this chapter, any person adjudged a
dependent child of the juvenile court shall be informed, both orally
and in writing by the court as provided in subdivision (b), of both
of the following:
   (1) His or her rights pursuant to Section 388.
   (2) The procedure for bringing a petition pursuant to Section 388,
including the availability of all appropriate and necessary Judicial
Council forms.
   (b) Where the dependent child has attained the age of 12 years,
the court shall directly inform the child as required by subdivision
(a) in clear language appropriate for the child's level of cognitive
development.  Where the dependent child is under the age of 12 years,
the court shall inform the child as required by subdivision (a)
through the child's guardian ad litem or legal counsel.
354.  Except where a minor is in custody, any hearing on a petition
filed pursuant to Article 8 (commencing with Section 325) of this
chapter may be continued by the court for not more than 10 days in
addition to any other continuance authorized in this chapter whenever
the court is satisfied that an unavailable and necessary witness
will be available within such time.
355.  (a) At the jurisdictional hearing, the court shall first
consider only the question whether the minor is a person described by
Section 300.  Any legally admissible evidence that is relevant to
the circumstances or acts that are alleged to bring the minor within
the jurisdiction of the juvenile court is admissible and may be
received in evidence.  Proof by a preponderance of evidence must be
adduced to support a finding that the minor is a person described by
Section 300.  Objections that could have been made to evidence
introduced shall be deemed to have been made by any parent or
guardian who is present at the hearing and unrepresented by counsel,
unless the court finds that the parent or guardian has made a knowing
and intelligent waiver of the right to counsel.  Objections that
could have been made to evidence introduced shall be deemed to have
been made by any unrepresented child.
   (b) A social study prepared by the petitioning agency, and hearsay
evidence contained in it, is admissible and constitutes competent
evidence upon which a finding of jurisdiction pursuant to Section 300
may be based, to the extent allowed by subdivisions (c) and (d).
   (1) For the purposes of this section, "social study" means any
written report furnished to the juvenile court and to all parties or
their counsel by the county probation or welfare department in any
matter involving the custody, status, or welfare of a minor in a
dependency proceeding pursuant to Articles 6 (commencing with Section
300) to 12 (commencing with Section 385), inclusive, of Chapter 2 of
Division 2.
   (2) The preparer of the social study shall be made available for
cross-examination upon a timely request by any party.  The court may
deem the preparer available for cross-examination if it determines
that the preparer is on telephone standby and can be present in court
within a reasonable time of the request.
   (3) The court may grant a reasonable continuance not to exceed 10
days upon request by any party if the social study is not provided to
the parties or their counsel within a reasonable time before the
hearing.
   (c) (1) If any party to the jurisdictional hearing raises a timely
objection to the admission of specific hearsay evidence contained in
a social study, the specific hearsay evidence shall not be
sufficient by itself to support a jurisdictional finding or any
ultimate fact upon which a jurisdictional finding is based, unless
the petitioner establishes one or more of the following exceptions:
   (A) The hearsay evidence would be admissible in any civil or
criminal proceeding under any statutory or decisional exception to
the prohibition against hearsay.
   (B) The hearsay declarant is a minor under the age of 12 years who
is the subject of the jurisdictional hearing.  However, the hearsay
statement of a minor under the age of 12 years shall not be
admissible if the objecting party establishes that the statement is
unreliable because it was the product of fraud, deceit, or undue
influence.
   (C) The hearsay declarant is a peace officer as defined by Chapter
4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal
Code, a health practitioner described in paragraphs (21) to (28),
inclusive, of subdivision (a) of Section 11165.7 of the Penal Code, a
social worker licensed pursuant to Chapter 14 (commencing with
Section  4990) of Division 2 of the Business and Professions Code, or
a teacher who holds a credential pursuant to Chapter 2 (commencing
with Section 44200) of Part 24 of Division 3 of Title 2 of the
Education Code.  For the purpose of this subdivision, evidence in a
declaration is admissible only to the extent that it would otherwise
be admissible under this section or if the declarant were present and
testifying in court.
   (D) The hearsay declarant is available for cross-examination.  For
purposes of this section, the court may deem a witness available for
cross-examination if it determines that the witness is on telephone
standby and can be present in court within a reasonable time of a
request to examine the witness.
   (2) For purposes of this subdivision, an objection is timely if it
identifies with reasonable specificity the disputed hearsay evidence
and it gives the petitioner a reasonable period of time to meet the
objection prior to a contested hearing.
   (d) This section shall not be construed to limit the right of any
party to the jurisdictional hearing to subpoena a witness whose
statement is contained in the social study or to introduce admissible
evidence relevant to the weight of the hearsay evidence or the
credibility of the hearsay declarant.
355.1.  (a) Where the court finds, based upon competent professional
evidence, that an injury, injuries, or detrimental condition
sustained by a minor is of a nature as would ordinarily not be
sustained except as the result of the unreasonable or neglectful acts
or omissions of either parent, the guardian, or other person who has
the care or custody of the minor, that finding shall be prima facie
evidence that the minor is a person described by subdivision (a),
(b), or (d) of Section 300.
   (b) Proof that either parent, the guardian, or other person who
has the care or custody of a minor who is the subject of a petition
filed under Section 300 has physically abused, neglected, or cruelly
treated another minor shall be admissible in evidence.
   (c) The presumption created by subdivision (a) constitutes a
presumption affecting the burden of producing evidence.
   (d) Where the court finds that either a parent, a guardian, or any
other person who resides with, or has the care or custody of, a
minor who is currently the subject of the petition filed under
Section 300 (1) has been previously convicted of sexual abuse as
defined in Section 11165.1 of the Penal Code, (2) has been previously
convicted of an act in another state that would constitute sexual
abuse as defined in Section 11165.1 of the Penal Code if committed in
this state, (3) has been found in a prior dependency hearing or
similar proceeding in the corresponding court of another state to
have committed an act of sexual abuse, or (4) is required, as the
result of a felony conviction, to register as a sex offender pursuant
to Section 290 of the Penal Code, that finding shall be prima facie
evidence in any proceeding that the subject minor is a person
described by subdivision (a), (b), (c), or (d) of Section 300 and is
at substantial risk of abuse or neglect.  The prima facie evidence
constitutes a presumption affecting the burden of producing evidence.
   (e) Where the court believes that a child has suffered criminal
abuse or neglect, the court may direct a representative of the child
protective agency to take action pursuant to subdivision (i) of
Section 11166 of the Penal Code.
   (f) Testimony by a parent, guardian, or other person who has the
care or custody of the minor made the subject of a proceeding under
Section 300 shall not be admissible as evidence in any other action
or proceeding.
356.  After hearing the evidence, the court shall make a finding,
noted in the minutes of the court, whether or not the minor is a
person described by Section 300 and the specific subdivisions of
Section 300 under which the petition is sustained.  If it finds that
the minor is not such a person, it shall order that the petition be
dismissed and the minor be discharged from any detention or
restriction theretofore ordered.  If the court finds that the minor
is such a person, it shall make and enter its findings and order
accordingly.
356.5.  A child advocate appointed by the court to represent the
interests of a dependent child in a proceeding under this chapter
shall have the same duties and responsibilities as a guardian ad
litem and shall be trained by and function under the auspices of a
court appointed special advocate guardian ad litem program, formed
and operating under the guidelines established by the National Court
Appointed Special Advocate Association.
357.  Whenever the court, before or during the hearing on the
petition, is of the opinion that the minor is mentally ill or if the
court is in doubt concerning the mental health of any such person,
the court may order that such person be held temporarily in the
psychopathic ward of the county hospital or hospital whose services
have been approved and/or contracted for by the department of health
of the county, for observation and recommendation concerning the
future care, supervision, and treatment of such person.
358.  (a) After finding that a child is a person described in
Section 300, the court shall hear evidence on the question of the
proper disposition to be made of the child.  Prior to making a
finding required by this section, the court may continue the hearing
on its own motion, the motion of the parent or guardian, or the
motion of the child, as follows:
   (1) If the child is detained during the continuance, and the
social worker is not alleging that subdivision (b) of Section 361.5
is applicable, the continuance shall not exceed 10 judicial days.
The court may make an order for detention of the child or for the
child's release from detention, during the period of continuance, as
is appropriate.
   (2) If the child is not detained during the continuance, the
continuance shall not exceed 30 days after the date of the finding
pursuant to Section 356.  However, the court may, for cause, continue
the hearing for an additional 15 days.
   (3) If the social worker is alleging that subdivision (b) of
Section 361.5 is applicable, the court shall continue the proceedings
for a period not to exceed 30 days.  The social worker shall notify
each parent of the content of subdivision (b) of Section 361.5 and
shall inform each parent that if the court does not order
reunification a permanency planning hearing will be held, and that
his or her parental rights may be terminated within the timeframes
specified by law.
   (b) Before determining the appropriate disposition, the court
shall receive in evidence the social study of the child made by the
social worker, any study or evaluation made by a child advocate
appointed by the court, and other relevant and material evidence as
may be offered, including, but not limited to, the willingness of the
caregiver to provide legal permanency for the child if reunification
is unsuccessful.  In any judgment and order of disposition, the
court shall specifically state that the social study made by the
social worker and the study or evaluation made by the child advocate
appointed by the court, if there be any, has been read and considered
by the court in arriving at its judgment and order of disposition.
Any social study or report submitted to the court by the social
worker shall include the individual child's case plan developed
pursuant to Section 16501.1.
   (c) If the court finds that a child is described by subdivision
(h) of Section 300 or that subdivision (b) of Section 361.5 may be
applicable, the court shall conduct the dispositional proceeding
pursuant to subdivision (c) of Section 361.5.
358.1.  Each social study or evaluation made by a social worker or
child advocate appointed by the court, required to be received in
evidence pursuant to Section 358, shall include, but not be limited
to, a factual discussion of each of the following subjects:
   (a) Whether the county welfare department or social worker has
considered child protective services, as defined in Chapter 5
(commencing with Section 16500) of Part 4 of Division 9, as a
possible solution to the problems at hand, and has offered these
services to qualified parents if appropriate under the circumstances.
   (b) What plan, if any, for return of the child to his or her
parents and for achieving legal permanence for the child if efforts
to reunify fail, is recommended to the court by the county welfare
department or probation officer.
   (c) Whether the best interests of the child will be served by
granting reasonable visitation rights with the child to his or her
grandparents, in order to maintain and strengthen the child's family
relationships.
   (d) (1) Whether the child has siblings under the court's
jurisdiction, and, if any siblings exist, all of the following:
   (A) The nature of the relationship between the child and his or
her siblings.
   (B) The appropriateness of developing or maintaining the sibling
relationships pursuant to Section 16002.
   (C) If the siblings are not placed together in the same home, why
the siblings are not placed together and what efforts are being made
to place the siblings together, or why those efforts are not
appropriate.
   (D) If the siblings are not placed together, the frequency and
nature of the visits between siblings.
   (E) The impact of the sibling relationships on the child's
placement and planning for legal permanence.
   (2) The factual discussion shall include a discussion of
indicators of the nature of the child's sibling relationships,
including, but not limited to, whether the siblings were raised
together in the same home, whether the siblings have shared
significant common experiences or have existing close and strong
bonds, whether either sibling expresses a desire to visit or live
with his or her sibling, as applicable, and whether ongoing contact
is in the child's best emotional interest.
   (e) If the parent or guardian is unwilling or unable to
participate in making an educational decision for his or her child,
or if other circumstances exist that compromise the ability of the
parent or guardian to make educational decisions for the child, the
county welfare department or social worker shall consider whether the
right of the parent or guardian to make educational decisions for
the child should be limited.  If the study or evaluation makes that
recommendation, it shall identify whether there is a responsible
adult available to make educational decisions for the child pursuant
to Section 361.
   (f) Whether the child appears to be a person who is eligible to be
considered for further court action to free the child from parental
custody and control.
   (g) Whether the parent has been advised of his or her option to
participate in adoption planning, including the option to enter into
a postadoption contact agreement as described in Section 8714.7 of
the Family Code, and to voluntarily relinquish the child for adoption
if an adoption agency is willing to accept the relinquishment.
   (h) The appropriateness of any relative placement pursuant to
Section 361.3.  However, this consideration may not be cause for
continuance of the dispositional hearing.
   (i) Whether the caregiver desires, and is willing, to provide
legal permanency for the child if reunification is unsuccessful.
359.  Whenever a minor who appears to be a danger to himself or
others as a result of the use of narcotics (as defined in Section
11001 of the Health and Safety Code), or a restricted dangerous drug
(as defined in Section 11901 of the Health and Safety Code), is
brought before any judge of the juvenile court, the judge may
continue the hearing and proceed pursuant to this section.  The court
may order the minor taken to a facility designated by the county and
approved by the State Department of Mental Health as a facility for
72-hour treatment and evaluation.  Thereupon the provisions of
Section 11922 of the Health and Safety Code shall apply, except that
the professional person in charge of the facility shall make a
written report to the court concerning the results of the evaluation
of the minor.
   If the professional person in charge of the facility for 72-hour
evaluation and treatment reports to the juvenile court that the minor
is not a danger to himself or others as a result of the use of
narcotics or restricted dangerous drugs or that the minor does not
require 14-day intensive treatment, or if the minor has been
certified for not more than 14 days of intensive treatment and the
certification is terminated, the minor shall be released if the
juvenile court proceedings have been dismissed; referred for further
care and treatment on a voluntary basis, subject to the disposition
of the juvenile court proceedings; or returned to the juvenile court,
in which event the court shall proceed with the case pursuant to
this chapter.
   Any expenditure for the evaluation or intensive treatment of a
minor under this section shall be considered an expenditure made
under Part 2 (commencing with Section 5600) of Division 5, and shall
be reimbursed by the state as are other local expenditures pursuant
to that part.