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Court Rules

California Rules of Court

Rule 5.540. Orders of referees not acting as temporary judges

Cal. Rules of Court, rule 5.540

Current text effective January 1, 2007.

#(a) Effective date of order (§ 250)

Except as provided in (b) and subject to the right of review provided for in rule 5.542, all orders of a referee become effective immediately and continue in effect unless vacated or modified on rehearing by order of a juvenile court judge.

#

(Subd (a) amended effective January 1, 2007.)

#(b) Orders requiring express approval of judge (§§ 249, 251)

The following orders made by a referee do not become effective unless expressly approved by a juvenile court judge within two court days:

#(1) Any order removing a child from the physical custody of the person legally entitled to custody; or

#(2) Any order the presiding judge of the juvenile court requires to be expressly approved.

#

(Subd (b) amended effective January 1, 2007.)

#(c) Finality date of order

An order of a referee becomes final 10 calendar days after service of a copy of the order and findings under rule 5.538, if an application for rehearing has not been made within that time or if the judge of the juvenile court has not within the 10 days ordered a rehearing on the judge's own motion under rule 5.542.

#

(Subd (c) amended effective January 1, 2007.)

#History

Rule 5.540 amended and renumbered effective January 1, 2007; adopted as rule 1417 effective January 1, 1990.

What this rule requires

Filing Timing and Cure Windows

  • (1) Any order removing a child from the physical custody of the person legally entitled to custody; or

  • (2) Any order the presiding judge of the juvenile court requires to be expressly approved.

  • (c) Finality date of order An order of a referee becomes final 10 calendar days after service of a copy of the order and findings under rule 5.538, if an application for rehearing has not been made within that time or if the judge of the juvenile court has not within the 10 days ordered a rehearing on the judge's own motion under rule 5.542.

Official text: courts.ca.gov , checked October 19, 2026.