California Welfare and Institutions Code Section 248

CA Welf & Inst Code § 248 (2017)  

(a) A referee shall hear those cases that are assigned to him or her by the presiding judge of the juvenile court, with the same powers as a judge of the juvenile court, except that a referee shall not conduct any hearing to which the state or federal constitutional prohibitions against double jeopardy apply unless all of the parties thereto stipulate in writing that the referee may act in the capacity of a temporary judge. A referee shall promptly furnish to the presiding judge of the juvenile court and the minor, if the minor is 14 or more years of age or if younger has so requested, and shall serve upon the minor’s attorney of record and the minor’s parent or guardian or adult relative and the attorney of record for the minor’s parent or guardian or adult relative a written copy of his or her findings and order and shall also furnish to the minor, if the minor is 14 or more years of age or if younger has so requested, and to the parent or guardian or adult relative, with the findings and order, a written explanation of the right of those persons to seek review of the order by the juvenile court.

(b) Service, as provided in this section, shall be made as follows:

(1) If a minor, parent, or guardian is present in court at the time the findings and order are made, then the findings and order may be served in court on any minor, parent, or guardian who is present in court on that date and a written explanation of the right to seek review of the order as required pursuant to subdivision (a) shall be furnished at that time.

(2) If paragraph (1) is not applicable, service shall be made by mail or electronic service pursuant to Section 212.5, within the time period specified in Section 248.5, to the last known address of those persons or to the address designated by those persons appearing at the hearing before the referee and the documents served shall include, if applicable, the written explanation of the right to seek review of the order. If the parent or guardian does not have a last known address or electronic service address designated, service shall be to that party in care of his or her counsel.

(Amended by Stats. 2017, Ch. 319, Sec. 109. (AB 976) Effective January 1, 2018.)

Last modified: October 25, 2018