241.1 Hearing and CASA

When a child/youth appears to fit the description of both a delinquent (600s) AND a dependent (300s) child, then the court must hold a hearing to determine which status description the child will have.  This is often called a “241.1 hearing.”  Even if the court has dual status, the court has some means of determining whether to adjudicate a child delinquent.

In this joint assessment hearing (the 241.1 hearing) it is important that the judge have all the facts.  When a 241.1 hearing is set, the social worker and the probation officer must come together and write a joint report that includes recommendations as to which status will help the child and protect society.

We should all remember that CASA has a mandatory role to play in these 241.1 hearings.  Many counties are not following this procedure as carefully as they should – in fact, many CASAs don’t know about the delinquency charge until after the adjudication!

When the court is considering making a 300 child a 601 or 602 (or vice versa or both) – the law requires that for 241.1 hearings, CASAs:

1. Receive Notice of the hearing at least 5 days ahead of time.  (Rule of Court 5.512(f))

2. Receive an actual copy of the 241.1 report, at least 5 days ahead of time.  (Rule of Court 5.512(f))

3. Be allowed to provide a Statement from the CASA and that the 241.1 report include that statement. (Rule of Court 5.512(d)(12))

So, if this is not happening for your children/youth, inform the judge, and make sure you have an opportunity to advocate for your youth.  You can print out the Rule of Court 5.512 http://www.courtinfo.ca.gov/rules/index.cfm?title=five&linkid=rule5_512 and show it to the judge.