Statute · California Welfare and Institutions Code

Cal. Welf. & Inst. Code § 315 — Dependent Children—Temporary Custody and Detention

Cal. Welf. & Inst. Code § 315

Type
Statute
Source
California Welfare and Institutions Code
Jurisdiction
California
Date
2024-09-27
Current through
Nov 2, 2026 (California Legislative Counsel)

If a child has been taken into custody under this article and not released to a parent or guardian, the juvenile court shall hold a hearing (which shall be referred to as a “detention hearing”) to determine whether the child shall be further detained. This hearing shall be held as soon as…

Citator

Cal. Welf. & Inst. Code § 315 — Dependent Children—Temporary Custody and Detention is in force in the current edition of the Code, and nothing recorded condemns it.

If a child has been taken into custody under this article and not released to a parent or guardian, the juvenile court shall hold a hearing (which shall be referred to as a “detention hearing”) to determine whether the child shall be further detained. This hearing shall be held as soon as possible, but not later than the expiration of the next judicial day after a petition to declare the child a dependent child has been filed. If the hearing is not held within the period prescribed by this section, the child shall be released from custody. In the case of an Indian child, the hearing pursuant to Section 319 shall be considered an emergency removal under subdivision (g) of Section 305.5 of this code and Section 1922 of the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.).