In Re Clifford C.

In this case, a juvenile court judge, acting on the judge’s own motion, granted rehearing of a juvenile court referee’s order. We must determine whether the juvenile court judge’s rehearing order was timely.

Relying on Welfare and Institutions Code section 250, the Court of Appeal concluded that the juvenile court referee’s order had become final 10 calendar days after service of a written copy of the order and findings. The juvenile court judge granted rehearing on his own motion 18 calendar days after service. Therefore, the Court of Appeal held the judge’s rehearing order was void for want of jurisdiction and reinstated the original order of the juvenile court referee. (See In re Dennis B. (1976) 18 Cal.3d 687, 690 [ 135 Cal.Rptr. 82 , 557 P.2d 514 ].)

For the reasons discussed below, we conclude that the finality provisions of section 250 apply only to orders of a juvenile court referee that do not require the approval of a juvenile court judge in order to become effective. Orders requiring such approval, by contrast, do not become final until 10 calendar days after service of a written copy of the juvenile court referee’s order and findings or 20 judicial days…