Dependency detention hearing: by end of next judicial day after petition filed
1 court day after date the section 300 petition was filed (child taken into custody and not released), under Welf. & Inst. Code 315.
Rule text
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.
Calculate this deadline
- Trigger (Date the section 300 petition was filed (child taken into custody and not released)): Friday, November 6, 2026.
- Count 1 court days (Saturdays, Sundays, and court holidays are not counted): Monday, November 9, 2026.
Welf. & Inst. Code 315
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.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
- Outer limit for a child in custody; remedy is release. 'Judicial day' is not defined in WIC or CRC 5.502; treated here as a court day (not a Saturday, Sunday, or judicial holiday under CCP 133-135). The petition itself must be filed within 48 hours of custody excluding nonjudicial days (WIC 313), see not_modeled. Warrant/transfer cases under CRC 5.670(b) use a 48-hour rule instead (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 section 300 petition was filed (child taken into custody and not released) on Monday, March 15, 2027, personal service: due Tuesday, March 16, 2027.
- Trigger (Date the section 300 petition was filed (child taken into custody and not released)): Monday, March 15, 2027.
- Count 1 court days (Saturdays, Sundays, and court holidays are not counted): Tuesday, March 16, 2027.
Notes
Outer limit for a child in custody; remedy is release. 'Judicial day' is not defined in WIC or CRC 5.502; treated here as a court day (not a Saturday, Sunday, or judicial holiday under CCP 133-135). The petition itself must be filed within 48 hours of custody excluding nonjudicial days (WIC 313), see not_modeled. Warrant/transfer cases under CRC 5.670(b) use a 48-hour rule instead (not_modeled).
Related deadlines
- Dependency initial hearing (child not detained): within 15 court days of petition (15 court days after)
- Detention hearing continued on parent/child motion: one court day (1 court day after)
- Detention rehearing on prima facie evidence: within 3 judicial days of request (3 court days after)
- In lieu of prima facie rehearing: jurisdiction hearing within 10 days (10 days after)
- Rehearing de novo of referee's detention order: within 2 court days after granted (2 court days after)
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.
- Alameda
- Alpine
- Amador
- Butte
- Calaveras
- Colusa
- Contra Costa
- Del Norte
- El Dorado
- Fresno
- Glenn
- Humboldt
- Imperial
- Inyo
- Kern
- Kings
- Lake
- Lassen
- Los Angeles
- Madera
- Marin
- Mariposa
- Mendocino
- Merced
- Modoc
- Mono
- Monterey
- Napa
- Nevada
- Orange
- Placer
- Plumas
- Riverside
- Sacramento
- San Benito
- San Bernardino
- San Diego
- San Francisco
- San Joaquin
- San Luis Obispo
- San Mateo
- Santa Barbara
- Santa Clara
- Santa Cruz
- Shasta
- Sierra
- Siskiyou
- Solano
- Sonoma
- Stanislaus
- Sutter
- Tehama
- Trinity
- Tulare
- Tuolumne
- Ventura
- Yolo
- Yuba
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.