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HomeWelfare and Institutions CodeDiv. 2Pt. 1Ch. 2Art. 9§ 353 Juvenile Court Hearing Rights

§ 353 Juvenile Court Hearing Rights

Welfare and Institutions Code·California
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§ 353 Juvenile Court Hearing Rights

Key Takeaways

  • •At the start of the hearing, the judge or clerk reads the petition out loud to everyone there.
  • •If anyone (like a parent, guardian, or the kid) doesn’t understand something in the petition, they can ask the judge to explain it.
  • •The judge must make sure everyone knows they can have a lawyer. If they can’t afford one, the court will give them one for free.
  • •The hearing can be delayed for up to 7 days if they need time to get a lawyer or prepare.

Example

A kid gets in trouble at school, and the school files a petition to the court. The kid’s mom goes to the hearing but doesn’t understand what’s happening.

The judge must read the petition out loud and explain anything the mom doesn’t understand. If the mom can’t afford a lawyer, the court will give her one for free. The hearing might be delayed a few days to let the lawyer get ready.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 353 Juvenile Court Hearing Rights

At the beginning of the hearing on a petition filed pursuant to Article 8 (commencing with Section 325) of this chapter, the judge or clerk shall first read the petition to those present. Upon request of any parent, guardian, or adult relative, counsel for the minor, or the minor, if he or she is present, the judge shall explain any term of allegation contained therein and the nature of the hearing, its procedures, and possible consequences. The judge shall ascertain whether the parent, guardian, or adult relative and, when required by Section 317, the minor have been informed of their right to be represented by counsel, and if not, the judge shall advise those persons, if present, of the right to have counsel present and where applicable, of the right to appointed counsel. If such a person is unable to afford counsel and desires to be represented by counsel, the court shall appoint counsel in accordance with Section 317. The court shall continue the hearing for not to exceed seven days, as necessary to make an appointment of counsel, or to enable counsel to acquaint himself or herself with the case, or to determine whether the parent or guardian or adult relative is unable to afford counsel at his or her own expense, and shall continue the hearing as necessary to provide reasonable opportunity for the minor and the parent or guardian or adult relative to prepare for the hearing. (Amended by Stats. 1989, Ch. 913, Sec. 7.)

Last verified: January 23, 2026

Key Terms

petitionporthearingallegationaccordanceappointment

Related Statutes

  • § 346 Juvenile Court Hearing Privacy
  • § 347 Juvenile Court Reporter Requirements
  • § 5303 Postcertification Treatment Proceedings
  • § 700 Minor Petition Hearing Rights
  • § 911 Juvenile Court Support Orders

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Welfare and Institutions Code. Section 353.
View Official Source