Welf. & Inst. Code, § 777 · Article 20. Wards—Modification of Juvenile Court Judgments and Orders
Welf. & Inst. Code, § 777
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
An order changing or modifying a previous order by removing a minor from the physical custody of a parent, guardian, relative, or friend and directing placement in a foster home, or commitment to a private institution or commitment to a county institution, or an order changing or modifying a previous order by directing commitment to the Youth Authority shall be made only after a noticed hearing.
(a) The notice shall be made as follows:
(1) By the probation officer where a minor has been declared a ward of the court or a probationer under Section 601 in the original matter and shall contain a concise statement of facts sufficient to support the conclusion that the minor has violated an order of the court.
(2) By the probation officer or the prosecuting attorney if the minor is a court ward or probationer under Section 602 in the original matter and the notice alleges a violation of a condition of probation not amounting to a crime. The notice shall contain a concise statement of facts sufficient to support this conclusion.
(3) Where the probation officer is the petitioner pursuant to paragraph (2), prior to the attachment of jeopardy at the time of the jurisdictional hearing, the prosecuting attorney may make a motion to dismiss the notice and may request that the matter be referred to the probation officer for whatever action the prosecuting or probation officer may deem appropriate.
(b) Upon the filing of such notice, the clerk of the juvenile court shall immediately set the same for hearing within 30 days, and the probation officer shall cause notice of it to be served upon the persons and in the manner prescribed by Sections 658 and 660. Service under this subdivision may be by electronic service pursuant to Section 212.5.
(c) The facts alleged in the notice shall be established by a preponderance of the evidence at a hearing to change, modify, or set aside a previous order. The court may admit and consider reliable hearsay evidence at the hearing to the same extent that such evidence would be admissible in an adult probation revocation hearing, pursuant to the decision in People v. Brown, 215 Cal.App.3d (1989) and any other relevant provision of law.
(d) An order for the detention of the minor pending adjudication of the alleged violation may be made only after a hearing is conducted pursuant to Article 15 (commencing with Section 625) of this chapter. Service under this subdivision may be by electronic service pursuant to Section 212.5, but only in addition to other forms of service required by law.
Notes and commentary — not statutory text
History
Amended by Stats. 2017, Ch. 319, Sec. 143. (AB 976) Effective January 1, 2018. Note: This section was amended on March 7, 2000, by initiative Prop. 21.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=WIC§ionNum=777.
- Text hash
- sha256 4cb4a0903b23ed292347e1219e7c0fdace3ffed1eae2757af86bf7c72ecf84b4
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section 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.
Welfare and Institutions Code
- Welf. & Inst. Code, § 212.5Printed as Section 212.5
- Welf. & Inst. Code, § 601Printed as Section 601
- Welf. & Inst. Code, § 602Printed as Section 602
- Welf. & Inst. Code, div. 2, pt. 1, ch. 2, art. 15Wards—Temporary Custody and DetentionPrinted as Article 15 (commencing with Section 625) of this chapter
- Welf. & Inst. Code, § 658Printed as Sections 658 and 660
- Welf. & Inst. Code, § 660Printed as Sections 658 and 660
Cited by 6 provisions
Provisions in this library whose text cites Welf. & Inst. Code, § 777. Each shows the citation as that text prints it.
Welfare and Institutions Code
- Welf. & Inst. Code, § 212.5Printed as Section 777
- Welf. & Inst. Code, § 503Printed as Section 777
- Welf. & Inst. Code, § 602.05Printed as Section 777
- Welf. & Inst. Code, § 625.1Printed as Section 706 or 777
- Welf. & Inst. Code, § 800Printed as Section 777 or 785
- Welf. & Inst. Code, § 16010.7Printed as Section 777
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.