California Welfare and Institutions Code ARTICLE 7 - Dependent Children—Temporary Custody and Detention

• Section 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...
• Section 305.5.
  (a) If an Indian child, who is a ward of a tribal court or resides or is domiciled within a reservation of an Indian tribe that...
• Section 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...
• Section 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...
• Section 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...
• Section 306.6.
  (a) In a dependency proceeding involving a child who would otherwise be an Indian child, based on the definition contained in paragraph (4) of Section 1903...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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,...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 317.
  (a) (1) 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 319.3.
  Notwithstanding Section 319, a child who is the subject of a petition under Section 300 and who is 6 to 12 years of age, inclusive,...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...

Last modified: October 22, 2018