§ 349
329 words·~1 min read·
/ca/welfare-and-institutions-code/349A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)A minor or nonminor dependent who is the subject of a juvenile court hearing, and any person entitled to notice of the hearing under Sections 290.1, 290.2, 291, 293, and 294 is entitled to be present at the hearing.
(b)The minor or nonminor dependent and any person who is entitled to that notice has the right to be represented at the hearing by counsel of their own choice.
(c)If the minor or nonminor dependent is present at the hearing, the court shall inform the minor or nonminor dependent that they have the right to address the court and participate in the hearing and the court shall allow the minor or nonminor dependent, if they so desire, to address the court and participate in the hearing.
(d)For a minor who is 10 years of age or older, or for a nonminor dependent, if they are not present at the hearing, the court shall determine whether the minor or nonminor dependent was properly notified of their right to attend the hearing and inquire whether the minor or nonminor dependent was given an opportunity to attend. If that minor or nonminor dependent was not properly notified or if the minor or nonminor dependent wished to be present and was not given an opportunity to be present, the court shall continue the hearing to allow the minor or nonminor dependent to be present unless, in the case of a minor, the court finds that it is in the best interest of the minor not to continue the hearing. The court shall continue the hearing only for that period of time necessary to provide notice and secure the presence of the minor or nonminor dependent. The court may issue any and all orders reasonably necessary to ensure that the minor or nonminor dependent has an opportunity to attend.
(e)Nothing in this section shall prevent or limit any minor’s or nonminor dependent’s right to attend or participate in the hearing.