Cal. Rules of Court, rule 5.758 · Article 1. Initial Appearance
Requirements for detention; prima facie case
Text — As posted by the Judicial Council of California (read October 22, 2026)
(a) Requirements for detention (§§ 635, 636)
The court must release the child unless the court finds that:
(1) A prima facie showing has been made that the child is described by section 601 or 602;
(2) Continuance in the home is contrary to the child's welfare; and
(3) One or more of the grounds for detention stated in rule 5.760 exist. However, except as provided in sections 636.2 and 207, no child taken into custody solely on the basis of being a person described in section 601 may be detained in juvenile hall or any other secure facility.
(b) Detention in adult facility
A child must not be detained in a jail or lockup used for the confinement of adults, except as provided in section 207.1.
Notes and commentary — not rule text
History
(Subd (a) amended effective January 1, 2007; previously amended effective July 1, 2002.)
(Subd (b) amended effective July 1, 2002.)
Rule 5.758 amended and renumbered effective January 1, 2007; repealed and adopted as rule 1474 effective January 1, 1998; previously amended effective July 1, 2002.
Source of truth
- Edition
- As posted by the Judicial Council of California (read October 22, 2026)
- Official file
- https://courts.ca.gov/cms/rules/index/five/rule5_758
- Text hash
- sha256 8c6ebe5219815f6e6bdddcec01dc9b732b991c0bf0d31d56704e7ac8973917d2
- Composed by
- compose_crc.py 2026-10-22: the Judicial Council's rule pages read paragraph by paragraph; verify_crc.py's second reading of the Council's per-title PDFs finds every paragraph
This rule cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.