(a) Except as provided in subdivision (b), if the minor is detained, the clerk of the juvenile court shall cause the notice and copy of the petition to be served on all persons required to receive that notice and copy of the petition pursuant to subdivision (e) of Section 656 and Section 658, either personally or by certified mail with request for return receipt, as soon as possible after filing of the petition and at least five days before the time set for hearing, unless the hearing is set less than five days from the filing of the petition, in which case, the notice and copy of the petition shall be served at least 24 hours before the time set for hearing. Service under this subdivision shall not be made by electronic service.
(b) If the minor is detained, and all persons entitled to notice pursuant to subdivision (e) of Section 656 and Section 658 were present at the detention hearing, the clerk of the juvenile court shall cause the notice and copy of the petition to be served on all persons required to receive the notice and copy of the petition, by personal service, by first-class mail, or by electronic service pursuant to Section 212.5, as soon as possible after the filing of the petition and at least five days before the time set for hearing, unless the hearing is set less than five days from the filing of the petition, in which case the notice and copy of the petition shall be served at least 24 hours before the time set for the hearing. Service under this subdivision may be by electronic service pursuant to Section 212.5 except that electronic service is not authorized if the minor is detained and those persons entitled to notice are not present at the detention hearing.
(c) If the minor is not detained, the clerk of the juvenile court shall cause the notice and copy of the petition to be served on all persons required to receive the notice and copy of the petition, by personal service, by first-class mail, or by electronic service pursuant to Section 212.5 at least 10 days before the time set for hearing. If that person is known to reside outside of the county, the clerk of the juvenile court shall serve the notice and copy of the petition, by first-class mail or by electronic service pursuant to Section 212.5, to that person, as soon as possible after the filing of the petition and at least 10 days before the time set for hearing. Failure to respond to the notice shall in no way result in arrest or detention. In the instance of failure to appear after notice by first-class mail or by electronic service pursuant to Section 212.5, the court shall direct that the notice and copy of the petition is to be personally served on all persons required to receive the notice and a copy of the petition. However, if the whereabouts of the minor are unknown, personal service of the notice and a copy of the petition is not required and a warrant for the arrest of the minor may be issued pursuant to Section 663. Personal service of the notice and copy of the petition outside of the county at least 10 days before the time set for hearing is equivalent to service by first-class mail or electronic service. Service may be waived by any person by a voluntary appearance entered in the minutes of the court or by a written waiver of service filed with the clerk of the court at or prior to the hearing.
(d) For purposes of this section, service on the minor’s attorney shall constitute service on the minor’s parent or legal guardian.
(Amended by Stats. 2017, Ch. 319, Sec. 139. (AB 976) Effective January 1, 2018. Note: This section was amended on March 7, 2000, by initiative Prop. 21.)
Last modified: October 25, 2018