Delinquency detention hearing: before end of next judicial day after petition filed

1 court day after date the 601/602 petition (or notice of probation violation) was filed, minor in custody, under Welf. & Inst. Code 632(a); Cal. Rules of Court, rule 5.752(f).

Rule text

WIC 632(a): "Except as provided in subdivision (b), unless sooner released, a minor taken into custody under the provisions of this article shall, as soon as possible but in any event before the expiration of the next judicial day after a petition to declare the minor a ward or dependent child has been filed, be brought before a judge or referee of the juvenile court for a hearing to determine whether the minor shall be further detained." CRC 5.752(f): "A detention hearing must be set and commenced as soon as possible, but no later than the expiration of the next court day after the petition or notice of probation violation has been filed, if: (1) The child is alleged to have committed a felony; (2) The child is alleged to have committed a misdemeanor involving violence, the threat of violence, or the possession or use of a weapon; or (3) The child is a ward currently on probation or parole."

Welf. & Inst. Code 632(a); Cal. Rules of Court, rule 5.752(f), official source

Calculate this deadline

Deadline
Monday, November 9, 2026
  1. Trigger (Date the 601/602 petition (or notice of probation violation) was filed, minor in custody): Friday, November 6, 2026.
  2. Count 1 court days (Saturdays, Sundays, and court holidays are not counted): Monday, November 9, 2026.
Rules applied
Welf. & Inst. Code 632(a); Cal. Rules of Court, rule 5.752(f)
WIC 632(a): "Except as provided in subdivision (b), unless sooner released, a minor taken into custody under the provisions of this article shall, as soon as possible but in any event before the expiration of the next judicial day after a petition to declare the minor a ward or dependent child has been filed, be brought before a judge or referee of the juvenile court for a hearing to determine whether the minor shall be further detained." CRC 5.752(f): "A detention hearing must be set and commenced as soon as possible, but no later than the expiration of the next court day after the petition or notice of probation violation has been filed, if: (1) The child is alleged to have committed a felony; (2) The child is alleged to have committed a misdemeanor involving violence, the threat of violence, or the possession or use of a weapon; or (3) The child is a ward currently on probation or parole."
Official source
Code Civ. Proc. 12, 12a, 10, 133-135; Gov. Code 6800; Cal. Rules of Court, rule 1.10. 'Judicial day' / 'court day': not defined in WIC or CRC 5.502.
CCP 12: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." CCP 12a(a): "If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays." CCP 10: "Holidays within the meaning of this code are every Sunday and any other days that are specified or provided for as judicial holidays in Section 135." CCP 133: "Courts of justice may be held and judicial business transacted on any day, except as provided in this article." Gov. Code 6800: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." CRC 1.10(a): "The time in which any act provided by these rules is to be performed is computed by excluding the first day and including the last, unless the last day is a Saturday, Sunday, or other legal holiday, and then it is also excluded." CRC 1.10(b): "Unless otherwise provided by law, if the last day for the performance of any act that is required by these rules to be performed within a specific period of time falls on a Saturday, Sunday, or other legal holiday, the period is extended to and includes the next day that is not a holiday."
Official source
  • Remedy: release (632(c)). Warrantless nonviolent misdemeanors by non-probationers, warrant cases, out-of-county arrivals, and home-supervision violations use 48-hour (excluding noncourt days) limits (632(b); CRC 5.752(e), (g), (h)), not modeled.
  • If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.

This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.

Worked example

Date the 601/602 petition (or notice of probation violation) was filed, minor in custody on Monday, March 15, 2027, personal service: due Tuesday, March 16, 2027.

  1. Trigger (Date the 601/602 petition (or notice of probation violation) was filed, minor in custody): Monday, March 15, 2027.
  2. Count 1 court days (Saturdays, Sundays, and court holidays are not counted): Tuesday, March 16, 2027.

Notes

Remedy: release (632(c)). Warrantless nonviolent misdemeanors by non-probationers, warrant cases, out-of-county arrivals, and home-supervision violations use 48-hour (excluding noncourt days) limits (632(b); CRC 5.752(e), (g), (h)), not modeled.

Related deadlines

All California juvenile deadlines

Local rules by county

County local rules and courtroom procedures can add to or change this deadline. Pick a county to calculate with them applied.

Rules current as of 2026-10-26. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.