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In juvenile dependency appeals, counsel for the appellant reviews the record immediately on receiving it and files any motion to augment under rules 8.410(a) and (b), 8.416(d) and 8.155 within 15 days or less of the filing of the record or the appointment order, whichever is later; exhibits are transmitted under rule 8.224 and not included in a motion to augment; counsel are also requested to submit an electronic version of each brief to 4d1ebrief@jud.ca.gov in addition to the paper copies.
In juvenile dependency appeals, the court reporter provides minor's counsel with the reporter's transcript of the superior court proceedings in computer-readable format (rule 8.130(f)(4)).
Supersedes Miscellaneous Order No. 010810: the superior court clerk permits attorneys and paralegals of Appellate Defenders Inc. and any counsel appointed by this court to view and copy all superior court file materials, including sealed and confidential materials, in their clients' cases and related cases to the same extent the client or trial counsel could, on presentation of a photographic identification and an ADI business card or the appointment order; applies to criminal, juvenile dependency and juvenile delinquency cases, commitments under Welfare and Institutions Code section 6500 et seq., Sexually Violent Predators Act cases (section 6600 et seq.), Family Code section 7800 et seq. proceedings, petitions to withdraw consent to an adoption under Family Code section 9005, subdivision (e), and Lanterman-Petris-Short Act conservatorships (section 5000 et seq.); effective on filing until vacated or modified.
The superior court clerk permits representatives of Appellate Defenders Inc. and any counsel appointed by this court to view and copy the superior court file and exhibits, including sealed and confidential documents, in their clients' cases and related cases to the same extent the client or trial counsel could, discussing any proposed denial with the clerk of this court by telephone first; applies to criminal, juvenile dependency and juvenile delinquency cases, commitments under Welfare and Institutions Code section 6500 et seq., Sexually Violent Predators Act cases (section 6600 et seq.), Family Code section 7800 proceedings, Family Code section 9005 petitions and LPS conservatorships (section 5150 et seq.); access on a photographic identification and an ADI business card or the appointment order.
Record contents: in criminal and juvenile delinquency appeals the record is augmented under rules 8.340 and 8.410 to include reporter's transcripts of jury voir dire where a jury-composition or mistrial motion was decided adversely and of opening statements (not after a plea or admission), of sealed and in camera hearings adverse to the appellant (listed in the index and transmitted sealed in an original and two copies, with the court's limits on who may examine them), of waivers of constitutional rights, of plea-withdrawal and sentencing proceedings, of competence and Faretta proceedings, of adverse rulings on suppression, impeachment, severance or joinder, venue, Pitchess and in limine motions, and of the probation-revocation proceedings listed, and a clerk's transcript with all documentary exhibits admitted, refused or lodged, including demonstrative exhibits and slide presentations lodged in the superior court; in juvenile dependency appeals the record is augmented under rules 8.155(a), 8.410(b) and 8.416(d) with the detention hearing transcript, the transcript of the hearing setting the section 366.26 hearing (unless a notice of intent was filed), the ICWA inquiry forms, notices, return receipts and tribal responses, and the transcript of proceedings at which the ICWA was considered.
Juvenile dependency writ petitions with a request for immediate relief: the petitioner uses best efforts to notify all parties in person, by telephone, by facsimile or by e-mail at the earliest possible time and, when practical, at least 24 hours before filing, delivers a copy of the petition to all parties before filing, and files with the petition a declaration of notice and delivery (date, time, manner, the person notified, any response and whether opposition will be filed) or of the reasons notice or delivery could not be accomplished; noncompliance does not prevent the court from acting in the best interest of the child.
Dependency appeals by a person who is not the child, parent, guardian or social services agency: a JV-570 Request for Disclosure of Juvenile Court File is filed in the juvenile court with a timely notice of appeal or within 10 days after it; the judge or referee rules within the time set by Welfare and Institutions Code section 827, subdivision (a)(2)(F); if denied, the clerk prepares a transcript of the notice of appeal and the JV-570, the JV-571, any JV-572 and the JV-573 and/or JV-574; if granted in whole or part, the clerk and the reporter prepare the record the judge or referee approves in the JV-574; if no JV-570 is filed, the superior court clerk notifies the petitioner in writing that the reviewing court will dismiss the appeal unless the form is filed within 15 days after the notice is sent.
Later appeals in the same dependency case by a party to a prior appeal: the record is augmented with the clerk's and reporter's transcripts of the previous appeal(s) and prepared as a clerk's transcript of the rule 8.407(a) items filed after the judgment or order under the prior appeal and a reporter's transcript of any hearing that resulted in the order under the later appeal.
Section 7-Juvenile: prehearing discovery reciprocal and informal, pursuant to California Rules of Court, Rule 5.546, lists of all witnesses to be called exchanged at least five days prior to contested hearings, and all relevant material, except as protected by privilege, disclosed in a timely fashion to all parties (7.1(a)); a party may petition the Court for discovery only after having exhausted all informal means, by a motion stating the relevancy and materiality of the information sought and why informal discovery was not adequate, served at least five court days before the hearing date, any responsive papers filed at least two court days before the hearing (7.1(b)); all attorneys appearing in juvenile dependency proceedings to meet the minimum standards of competence set forth in California Rules of Court, Rule 5.660(d) (7.2(a)); an attorney appearing in a dependency matter for the first time to submit a Certificate of Competency within 10 days of his or her first appearance, notwithstanding a Certificate of Competence, the Court may determine from counsel’s conduct and performance that an attorney does not meet minimum competency standards and then proceed as set forth in section XXXX of this rule, and proof of certification by the Juvenile Court of the California county in which an attorney from outside this county maintains an office sufficient evidence of competence (7.2(b)); each previously certified attorney to submit a new Certificate of Competence on or before January 31st of the third year after first certification and every third year thereafter, with evidence that he or she has complied with California Rules of Court, Rule 5.660(d), an attorney who fails to submit evidence of the minimum-required training and education by the due date notified that he or she will be decertified, with 20 days from the mailing of the notice to submit it, failing that, certified counsel substituted or, for retained counsel, the party notified, whether to substitute counsel solely within the party’s discretion (7.2(c)); any party to a Juvenile Court proceeding may lodge a written complaint about his or her appointed attorney’s performance, and for an attorney appointed to represent a minor the social worker, a caretaker, relative, foster parent, or Court Appointed Special Advocate (CASA) may lodge one on the child’s behalf, the complaint and the response lodged separately in a sealed envelope, counsel provided with a copy, the Court to review it within 10 days of receipt and lodge its decision in the file if it does not present reasonable cause that the attorney has failed to act competently or has violated Local Rules or, if it does, request an informal response or conduct a hearing, held as soon as is practical on at least five days’ notice, after which the Presiding Judge of the Juvenile Court may take appropriate action, and the Court to notify the attorney and the complaining party in writing (7.2(d)); all attorneys appearing in a dependency proceeding to meet minimum standards of representation, thoroughly investigating the allegations of the petition and the court reports, including a comprehensive interview with the client and contacting social workers and other professionals, interviewing the caretaker(s) of a minor child placed outside of the home, absent exceptional circumstances, and vigorously representing the client within applicable legal and ethical boundaries, including the duty to work cooperatively with other counsel, CASA, and the Court to resolve disputed matters without a hearing if consistent with the client’s interests and to comply with local rules and the statutorily mandated time lines (7.3); attorneys for all parties to adhere to the statutory time lines for all hearings, time waivers accepted and continuances granted only upon a showing of exceptional circumstances (7.4); and any interested person may at any time during a dependency proceeding advise the Court, by filing a declaration with service on all parties, that the minor may have an interest or right to be protected or pursued in another judicial or administrative forum, and set forth its nature, the name and address, if known, of the agency or forum and the nature of the proceedings there, the Court to respond as appropriate under California Rules of Court, Rule 5.660(g) (7.5)
Juvenile cases strictly confidential - no information given on the phone, parties wishing information must come to the courthouse and present identification establishing themselves as parties to the case; the Justice Center Courthouse, 12855 Justice Center Drive, the Juvenile Clerk at (209) 533-6975; Transfer-In Hearings - Transfer-Ins for Juvenile Dependency cases heard on Mondays at 1:30PM, Transfer-Ins for Juvenile Delinquency cases on Mondays at 8:30AM; juvenile dependency (Welfare and Institutions Code section 300) and delinquency (section 602); parents or guardians entitled to a copy of the delinquency petition; an attorney appointed for a child whose family cannot afford representation, representing the child only; the Juvenile Justice Commission.
8.00.0 Juvenile Rules: juvenile matters may be assigned to any of the five departments of the Superior Court of California, County of Tuolumne (8.01.0); prehearing discovery reciprocal and informal under California Rules of Court, rule 5.546, in contested hearings lists of all witnesses to be called, if not in the social study report prepared by Child Welfare Services (CWS), exchanged at least five (5) days prior to the hearing, and all relevant material, except as protected by privilege, disclosed in a timely fashion to all parties (8.02.0(a)); formal discovery by petition only after all informal means have been exhausted, on a noticed motion stating the relevance and materiality of the information sought and why informal discovery was not adequate, served on all parties at least five (5) court days prior to the hearing, the hearing date obtained from the calendar coordinator, and any responsive papers served two (2) court days prior to the hearing (8.02.0(b)); the names of any experts and copies of any reports, if not part of the CWS social study report, provided to all parties at least five (5) calendar days prior to the hearing (8.02.0(c)); settlement discussion encouraged at any time prior to the hearing and the Court promptly advised of any proposed settlements, admissions or submissions of the entire hearing on reports (8.03.0); all counsel in a juvenile dependency proceeding meeting the minimum standards of representation of California Rules of Court, rule 5.660, and complying with their professional duties under statute, regulation and state and local rules, court-appointed counsel meeting minimum standards of competence, and each appointed counsel appearing in a dependency matter to have completed the minimum training and education requirements of rule 5.660, subdivision (d) (8.04.0 and 8.05.0); any party’s written complaint about the performance of his or her appointed counsel lodged with the Court under rule 5.660, subdivision (e), for counsel appointed to represent a minor one that may be lodged on the child’s behalf by a social worker, caretaker, relative or foster parent, lodged separately in the juvenile court file in a sealed envelope, counsel provided with a copy, and the Court reviewing it within ten (10) days of receipt and, if it determines that a prima facie case does not exist, lodging its decision in the file as a final decision (8.06.0(a) and 8.06.0(b)); on a prima facie case, an informal response from counsel or a hearing held as soon as practical, the complainant and counsel each given at least five (5) days’ notice, the hearing not open to the public or the parties, the presiding judge of the juvenile court may designate a commissioner, referee, judge pro tem or qualified member of the Bar to act as a hearing officer and may take appropriate action, and the complaints, responses, determinations and findings subject to the confidentiality requirements of Welfare & Institutions Code section 827 (8.06.0(c) and 8.06.0(d)); and counsel for the minor or any interested person notifying the Court by filing a declaration, as soon as reasonably possible, that a dependent minor may have an interest or right to be protected or pursued in another judicial or administrative forum, the declaration to set forth the nature of the interest or right, the name and address, if known, of the agency or forum and the nature of the proceedings there, and the Court responding as appropriate under rule 5.660, subdivision (g) (8.07.0)
The delinquency cases the Juvenile Divisions handle (Welfare and Institutions Code section 602) and dependency cases (section 300); Transfer In Hearings, as required by California Rules of Court, rule 5.610(f)(2) - the Juvenile Court Clerk's office at (559) 582-1010 x6102 or x6155, 1640 Kings County Drive, Hanford, CA 93230; Juvenile Delinquency Cases, Department 9, Monday through Wednesday and Friday, at 8:15am (excluding holidays); Juvenile Dependency Cases, Department 9, Monday through Friday, at 8:15am (excluding holidays); juvenile hearings and records confidential (Welfare and Institutions Code sections 676 and 827, rule 5.552) - an appointment with the clerk's office to view a file or request copies, valid photo identification required, no information given over the phone or by mail, no charge for copies to authorized persons, others by a JV-570 Petition for Disclosure of Juvenile Case File; sealing under sections 786 and 781; restitution, and the Juvenile Dependency Counsel Collections Program (section 903.47); the dress code - shorts, tank tops, halter tops or bare midriffs, mini-skirts, hats, bare feet, clothing with emblems that condone illegal or inappropriate activity and gang-related clothing not permitted, no chewing gum in the courtroom; all persons entering a court facility subject to search, no camera or other recording devices; a parent or legal guardian must appear with a child at delinquency court hearings.
Chapter 6, Juvenile Court Rules: the rules apply to Juvenile Court proceedings, not juvenile traffic hearings (600); standing orders of the Presiding Judge of the Juvenile Court (601); each party and attorney to attend each scheduled hearing unless excused (602); motions under Code of Civil Procedure sections 1010 et seq. and the California Rules of Court, notice reduced to five (5) court days, oppositions filed and served two (2) court days before the hearing, the date reserved with the calendar clerk, and papers that do not comply not considered unless good cause is shown (603); ex parte applications to the Presiding Judge of the Juvenile Court or a designee, served whenever possible on all counsel, CASA, the social worker and parents without counsel, notice excused where it would frustrate the order and cause irreparable injury or is not possible (604); reciprocal discovery under rule 5.546, witness lists for contested hearings and expert reports at least five (5) court days before the hearing, formal discovery only on noticed motion after informal means are exhausted, and Penal Code sections 1054 through 1054.8 in delinquency proceedings (605); no interview of the minor about the allegations without the minor's attorney's permission or a court order, and no examination without court approval on noticed motion (606); counsel minimizing interviews of a minor in alleged child abuse, first reviewing the interviews taken and reports made (607); an attorney of the Minors Advocate Office of CPS as the minor's guardian ad litem until a CASA program is established (608); a guardian ad litem for an incompetent parent under the Penal Code section 1367 test (609); the guardian ad litem given a party's notice, access to records and right to appear (610); a motion, in writing or orally, challenging the legal sufficiency of a dependency petition as early as possible (611); citations, warrants and subpoenas under rule 5.526, warrant bail normally not less than $5,000 (612); settlement encouraged, the parties meeting at least one-half hour before a Jurisdiction/Disposition hearing (613); dependency counsel meeting Rule 5.660(d), court appointed attorneys with eight (8) hours of training or six (6) months experience, eight (8) hours of continuing education every three (3) years and an annual Certificate of Competency (614); delinquency counsel meeting Rule 5.664, appointed counsel completing form JV-700 annually (615); written complaints about appointed counsel lodged in a sealed envelope and reviewed within ten (10) days, and on a prima facie case an informal response or a hearing not open to the public on at least five (5) days notice, all confidential (616); notice to the court, orally or by declaration, of a minor's right or interest to be protected in another forum (617); confidential juvenile records disclosed under rule 5.552, Welfare and Institutions Code sections 825 through 830.1 and the court's December 12, 2013 written policy (618); transcripts at court expense on demonstrating legal necessity and financial assistance or income within the criteria of form FW-001-INFO (619); CASA volunteers, sworn officers of the court appointed in dependency proceedings or after wardship, with access to case files, notice of all proceedings, service of all documents filed, and their reports submitted at least ten (10) court days prior to the hearing (620); all-purpose judicial assignments by standing order in juvenile cases (621); the Juvenile Competency Protocol effective July 1, 2021 (622); and remote appearances at non-contested dependency hearings after disposition orders, contested hearings in person, a location free of distractions, and no photographs, recording or broadcasting (623)
Juvenile Dependency Cases, Juvenile Delinquent Cases; effective February 20, 2024, electronic filing through electronic delivery (including e-mail) of documents in Juvenile cases (FAQs - eDelivery for Juvenile Cases); the hearing schedule - Juvenile Dependency Cases: Monday, Tuesday, Thursday at 8:30 a.m. (Law & Motion) and 9:30 a.m. (Contested Hearings), Wednesday at 8:30 a.m. (In Custody Add-Ons), Friday at 9:30 a.m. (Trailing Cases); Juvenile Delinquency Cases: Monday to Thursday at 1:30 p.m. (Law & Motion and Contested Hearings), Friday at 9:30 a.m. (In Custody Add-ons); per CRC 5.610(f)(2), Transfer-In Cases heard Monday to Thursday at 8:30 a.m. (dependency) and 1:30 p.m. (delinquency), Friday at 9:30 a.m.; fees assessed at the Disposition/Sentencing; Forms JV-100, JV-110 and JV-600; dependent cases filed by the Department of Child Protective Services (CPS), delinquent cases by the Madera County Probation Department through the District Attorney's Office; Department 36 at the Juvenile Division location; window hours 8:00 AM – 3:00 PM and a drop box from 3:00 PM to 4:00 PM.
Division 5, Chapters 2 and 3: the statutory timelines for dependency hearings - detention hearings by the end of the next court day, the jurisdiction hearing within 30 calendar days (15 court days if detained), disposition, six (6) month, twelve (12) month and eighteen (18) month reviews, a notice of intent to file a writ petition within seven (7) days, the selection hearing within 120 days, and a notice of appeal within 60 days (5.2.1); standards of representation under rule 5.660(d) (5.2.2); the law firm of Ciummo and Associates appointed for the mother and Madera Alternate Defense for the father, counsel for children from the conflict panel, and a wheel attorney in a conflict (5.2.3 to 5.2.5); client complaints, the attorney for the child and information received by the Court (5.2.6 to 5.2.8); and child advocates of the Court Appointed Special Advocate Program (CASA) - their functions, oath, access to records, notice, calendar priority and right to appear (5.3.1 to 5.3.9)
Juvenile justice cases at the Juvenile Justice Division, 2840 W. Sandy Mush Road (juvenile dependency cases handled by the Unlimited Civil Division); the Juvenile Justice Calendar heard Monday through Friday, starting at 8:15 am in Courtroom 11, located in the Iris Garret Juvenile Justice Correctional Complex; case information requests made in person (all Juvenile matters confidential: no case information over the phone), a search fee of $15.00 possible when a visitor brings no information about the case; and Transfer-in Hearings - Juvenile Dependency cases on Mondays, Wednesdays, and Thursdays at 8:30 am in Courtroom 10 at the Old Merced Courthouse, Juvenile Justice cases Monday through Friday at 8:15 am in Courtroom 11.
Standing Order 2010-01 (April 19, 2010, effective immediately; replacing Standing Order 2009-08): when a minor who is or has been the subject of a Juvenile Dependency Court proceeding needs an appointment of counsel (Welfare & Institutions Code Section 317), the Court Appointed Counsel submits a declaration of the need for outside counsel; on a finding of good cause the Juvenile Court appoints a guardian ad litem, who contacts a suitably experienced local attorney and submits the attorney's contract (pro bono service acceptable) to the Dependency Court Judicial Officer for approval; the clerk then calendars an “Appointment of Section 317 Counsel” on the dependency calendar with notice to all parties, and the Court appoints counsel at the hearing.
Standing Order 2019-03 (effective October 29, 2019; an amendment to Standing Order 2009-01), the protocol for section 602/300 hearings: on a minor's detention under section 602, the Juvenile Probation Department asks the Human Services Agency (HSA) whether the minor is a dependent under section 300; if so, the Juvenile Delinquency Court suspends the proceedings and sets a section 241.1 protocol hearing on the W&I § 300 Dependency calendar within 10 days if the minor is in custody and within 15 days if not; the Dependency Clerk notices the parents, guardians, their attorneys, minor's counsel, the District Attorney's juvenile office, the Public Defender's Office if applicable, the Probation Department, and the Human Service Agency; and the Juvenile Probation Department provides the noticed parties the 241.1 report with the police reports.
Rules 200 to 202: no juvenile case file obtained by civil or criminal subpoena, persons entitled to inspect a file without a court order presenting identification and file mandatory local form MSC-JV-002 Declaration for Access to Juvenile Case File, others petitioning on form JV-570 (an intentional violation of section 827 punishable by a fine of up to $500.00), delinquency records available for public inspection where a petition was sustained for an offense listed in section 676(a), petitions to prohibit disclosure, JV-570 and JV-575 filed where the records are maintained, and court reporter's transcripts requested on mandatory local form MSC-JV-001 (200); CASA volunteers appointed on behalf of children only in dependency proceedings and their functions, a CASA appointed to serve as guardian ad litem under section 326.5 when a child would not benefit from the appointment of counsel (201); a CASA an officer of the Court, sworn in by a Superior Court Judge before beginning their duties, the duties delineated in the order of appointment, no appeal from the Court's decision to appoint or remove a CASA, cases referred to the CASA program and the criteria for referral, a CASA a mandated child abuse reporter, the CASA's right to timely notice and to appear, calendar priority, and confidential records and personnel files (201.1); CASA reports filed and served at least ten (10) calendar days before each of the following hearings - continued dispositional hearings and the review, permanency, and selection and implementation hearings - five (5) calendar days before special hearings and two (2) Court days before a jurisdictional hearing, copies only to parties and their counsel, copied and distributed by CASA of Merced County staff (201.2); and children in dependency matters represented by the court's contracted counsel, minors in juvenile justice proceedings referred to the Merced County Public Defender's Office or contracted conflict counsel, and parents represented by Dependency Administration of Merced County, LLC (DAMC), the minimum training - eight (8) hours of dependency training or six (6) months of experience, and 12 hours of juvenile justice training in the most recent 12-month period or 50 percent of a practice - children four (4) years of age or older interviewed in person, a declaration of eligibility filed and approved before March 31 of each calendar year (Judicial Council form JV-700 in juvenile justice, local form MSC-JV-010 in dependency), and complaints about appointed counsel made orally or in writing (202)
Rules 1100 to 1113: juvenile matters heard by any judge, commissioner or referee, a presiding judge of the juvenile court assigning section 300 and 601 proceedings, guardianship petitions for dependents presented to the juvenile court, and dependency matters heard by officers trained under section 304.7 (1100); commissioners' and referees' orders final under section 250, rehearings under section 252 (1101); juvenile sessions at the Juvenile Justice Center, 11200 Avenue 368, Visalia, and the South County Justice Center, all section 300 and 602 papers filed in the Juvenile Justice Center clerk's office (1102); documents for a hearing the following day submitted no later than 3:00 p.m. the day before, and documents other than original petitions accepted only with the case caption and a proof of service (1103); noticed motions with a proof of service, notice reducible to five court days and opposition filed and served two court days before, the hearing date reserved with the juvenile calendar clerk first, ex parte relief only on written application with at least four hours notice, papers punched with two holes at the top, and stipulated continuances approved at least two court days before (1104); CWS's single Proof of Service Declaration (Appendix 2) for each dependency hearing (1105); ex parte orders in dependency cases on notice and a Declaration Re Notice of Ex Parte Application (Appendix 11), the clerk holding the application four hours, opposition within four hours of notice (1106); CASA volunteers appointed, given notice, access and service of filings, their reports served at least 10 court days before the hearing (1107); psychotropic medication for dependents and wards in out-of-home placement only on an approved form JV-220, the physician having evaluated the child within 30 days (1108); medical treatment under section 369 and a child's hospitalization reported within two (2) court days (1109); informal discovery under rule 5.546, motions to compel only after informal means are exhausted, no civil discovery methods without authorization, dependency reports filed and served three or five court days before the jurisdictional hearing and 10 court days before other hearings, expert and witness information exchanged at least five court days before contested hearings, and Penal Code sections 1054 - 1054.8 in delinquency proceedings (1110); juvenile case files confidential and inspected only under sections 827, 827.12 and 828 and rule 5.552, persons entitled without an order filing Local Form JUV-001 (1111); the public and media excluded from dependency and delinquency proceedings except under sections 346, 676 and 676.5 (1112); and media requests to the presiding judge of the juvenile court at least five days before the access date, copied to the Chief Probation Officer and/or the Deputy Director of Child Welfare Services, objections within two court days, and a signed media order (1113)
Rules 1114 to 1125: ex parte restraining orders under section 213.5, heard with the regular dependency hearings (1115); each parent's Notification of Mailing Address (JV-140) executed before the initial or detention hearing and filed again to change it (1116); a pre-hearing challenge to a petition's sufficiency akin to a demurrer, made as early as possible (1117); offers of proof, the witness still testifying unless all parties stipulate, and hearsay objections to the social worker's report in writing at least two court days before the hearing, or one day before where the report is filed less than five court days before (1118); modifications to a more restrictive placement under section 387 and to a less restrictive placement under section 388, new service plan requirements submitted to the parents for approval, and notice of a change in placement at least five court days before, 10 court days before a move from one county to another, and within 48 hours in an emergency (1119); court-appointed dependency attorneys with eight hours of training or six months' experience, eight hours of continuing education every three years and an annual Certificate of Competency (Appendix 3), a child's attorney contacting the client before each hearing and interviewing children four years of age or older in person, and complaints about appointed counsel first to the attorney's supervisor, then in writing to the court, reviewed within 10 days (1120); contract counsel for dependent children (1121); family and juvenile court management of child abuse cases, repeated from rule 929 (1122); the exchange of information among the staff of Family Court Services, the Juvenile Probation Department, and Child Welfare Services (1123); the exchange of information among CWS, service providers and schools in dependency cases, a protective order sought on objection (1124); and the Domestic Violence Coordination Rules - the clerk checking the case management system and CCPOR, criminal orders having priority, coexisting orders providing for the safe exchange of the children, and a file-endorsed copy conveyed within 24 hours to the Tulare County Sheriff's Department for CLETS (1125)
Juvenile Justice transfer-in matters heard at 8:30 a.m., Tuesday through Friday, and Dependency transfer-in matters at 10:30 a.m., Monday through Friday, in Department 18 at 2215 Blue Gum Avenue, Modesto; transfer-in matters set for hearing by the transferring county; and the juvenile clerk's office at 800 11th St, Modesto, CA 95354 - the Juvenile Justice Team ((209) 548-6300, Juv_justice@stanct.org) and the Juvenile Dependency Team ((209) 548-6300, Juv_dependency@stanct.org).
Rules 5.00 to 5.20: attorneys in juvenile dependency proceedings compensated with public funds meeting the minimum standards of competence (5.00); a Certification of Competency submitted within ten (10) days of a first appearance in a dependency matter, the Court's review of counsel's conduct, and an out-of-county attorney's certification by the Juvenile Court of that county (5.01); at least eight (8) hours of training in juvenile dependency law or six (6) months of dependency experience before certification, eight hours of continuing training on the MCLE schedule, and decertification after twenty (20) days' notice (5.02); the minimum standards of representation - investigation, interviews of the client and of an out of home child's caretaker, vigorous and cooperative representation (5.03); statutory time lines kept, time waivers and continuances only on exceptional circumstances in dependency cases or good cause in justice cases (5.04); juvenile justice law and motion dates reserved with the courtroom clerk of the assigned department, parties meeting and conferring before pretrial hearings, contested matters taking more than ten minutes noticed for a contested calendar, motions filed in writing not less than two days before the hearing with a courtesy copy, and a fifteen (15) page limit (5.04.1); complaints about appointed counsel made orally or in writing and heard within ten (10) court days (5.05); notice that a dependent child may have an interest to protect in another forum, on form JV-180 or a declaration, and the Court's orders on it (5.06); attorneys certifying compliance with CRC 5.664 on form JV-700 before appointment in juvenile justice cases (5.07); the Court Appointed Special Advocate (CASA) program and its child advocates - their functions, oath, duties, appointment and termination in juvenile justice and dependency cases, CASA's report submitted and distributed at least ten (10) days before the hearing (5.08 and 5.09); the advocate's access to records, mandated reporting and communication (5.10); timely notice to the advocate of any motion (5.11); calendar priority for matters in which advocates appear (5.12); advocate visits until permanent placement (5.13); the advocate's appointment continued in family law proceedings (5.14); the advocate's right to appear (5.15); juvenile court records not obtained by subpoena, access under Welfare and Institutions Code sections 827 - 830.1 by a Declaration in Support of Access (JV001) or a petition on forms JV569 and JV570, public inspection under section 676(d), petitions to prohibit disclosure, and juvenile police records under section 827.9 (5.16); juvenile dependency and juvenile justice documents e-filed, courtesy copies to the assigned judicial officer by the method each specifies (5.17); e-mail notice of proposed dependency filings to juv_dependency@stanct.org by secure email, and the Dependency Partners email group (5.18); juvenile justice cases assigned for all purposes at the arraignment/detention hearing, later petitions on the same case number (5.19); and the Simple Motion form for routine dependency matters, hearings reserved with the Juvenile Court Clerk's Office except for motions to quash protective custody warrants, at most three simple motions a day, two business days' notice to all counsel and CASA, travel within California up to 10 days without a motion, motions to continue filed two court days before the hearing and other motions set at least five court days out unless time is shortened (5.20).
Juvenile dependency, delinquency and juvenile traffic matters; juvenile traffic misdemeanors handled by Traffic Court at 3131 Arrow St, the courtesy notice and citation indicating the court branch, the juvenile to appear personally with a parent or legal guardian, present photo ID and have the citation or citation number; Metropolitan Division juvenile traffic court cases heard every 1st and 3rd Wednesday afternoon of each month, arrangements made in person with the Traffic Court on receipt of the courtesy notice and no later than its due date; a juvenile's moving violation an automatic mandatory appearance, other questions or requests made in person with a parent or legal guardian; transfer-in hearings Monday through Friday at 8:00am, the dependency courtrooms J3 and J4; juvenile cases strictly confidential, no information given on the phone and identification required; and the forms and the Superior Court Clerk's Office at the Juvenile Justice Center, 2100 College Ave, 4th floor, for a request to change a court order (JV-180), a request for disclosure of a juvenile case file (JV-570) and a petition to obtain a law enforcement report (JV-575).
The juvenile court's Standing Order No. 2023-01 of February 17, 2023, in all cases of a child removed from the custody of a parent under Welfare and Institutions Code Section 300 or declared a dependent child: where visitation has been ordered with parents, siblings, grandparents or any other person, the Department of Human Services authorized to increase the length and frequency of the visits and to allow unsupervised visits unless a judge of the juvenile court has modified or denied that discretion, considering the parents' progress in any reunification plan, the orders of the court and the best interests of the child; and a visit no longer than ten (10) consecutive calendar days and not more than 15 calendar days in any 30-day period.
Chapter VII, Section Six, Rules 7.12 to 7.17: minimum standards of competence for attorneys appearing in juvenile proceedings (7.12); certification of competency and attorneys not meeting the standards (7.13 to 7.13.2); caseloads for appointed children's counsel (7.14); training and education, and a new Certificate of Competency every three (3) years in dependency matters (7.15 to 7.15.2); the obligations of counsel for dependent children and the conflict of interest guidelines for siblings (7.15.3 to 7.15.4); training and renewal in juvenile justice matters (7.15.5 to 7.15.6); complaints about appointed attorneys - notice of the procedure, a written complaint, a copy to the attorney within 10 days and 20 days to respond, the court's action, the attorney's request for hearing, and an oral request for a new attorney (7.16 to 7.16.9); and informing the court of a dependent child's interests (7.17).
Chapter VII, Sections Three to Five, Rules 7.5 to 7.11: reciprocal informal pretrial discovery in dependency cases, and a petition for formal discovery only after all informal means have been exhausted (7.5 to 7.5.2); Social Study Reports made available to all counsel and to any CASA volunteer before the hearing (7.5.3); juvenile dependency mediation - its purpose, referral, confidentiality, reports to the court, the social worker's role, complaints, noncompliance and contempt (7.6 to 7.6.8); requests for transcripts (7.7); notice of continuances to the CASA office (7.8); an additional copy of a document for each additional minor (7.9); the Welfare and Institutions Code section 709 protocol (7.10); and medical experts for hearings under Welfare and Institutions Code section 707 (7.11).
The court's two locations - the Juvenile Justice Court at 3333 East American Avenue, Suite A, and the Juvenile Dependency Court at 1100 Van Ness Avenue, Second Floor - Room 200, each 8 AM - 4 PM; the Zoom hearing instructions; the transfer-in calendars - juvenile justice in custody (5 days out) 1:30 PM Monday through Wednesday in 99A and 10:30 AM Fridays in 99B, out of custody (10 days out) 8:00 AM Monday through Thursday; juvenile dependency in custody (5 days out) and out of custody (10 days out) 1:30 PM Monday through Fridays; the Family Dependency Treatment Court (FDTC), a voluntary program for parents addressing substance abuse issues; and Unity Court, formerly Friday Court, for youth at risk of or victims of human trafficking.
Chapter 6, Rules 6.3 and 6.4 (Dependency – Attorneys and Parties, and Dependency Court Proceedings): peremptory challenges reported to the Presiding Judge of the Juvenile Court (6.3.2); the Court to appoint new counsel on a declaration of conflict (6.3.3); each party and attorney to attend each scheduled Juvenile Court hearing unless excused (6.3.4); all minors ten (10) years old or older to attend court hearings unless excused (6.3.5); the duties of counsel - a conflict inquiry, the information for notice, inquiry as to ICWA and paternity (the “Statement Regarding Parentage” form, Judicial Council form JV-505), complete familiarity with the facts, and settlement - and counsel for children to separately interview each child four years of age or older (6.3.6); no party or attorney to interview the minor about the allegations without permission of the minor's attorney or court order, or cause an examination without court approval (6.3.7); the minor's attorney deemed the guardian ad litem, and a GAL for any incompetent parent (6.3.9 to 6.3.11); a care provider, de facto parents and relatives (6.3.12 to 6.3.14); repayment of costs of court appointed counsel, the account balance forwarded to an outside collections agency when ninety (90) days in arrears (6.3.16); referrals to the CASA Program, the Child Advocates Office to deliver copies of CASA reports at least two (2) court days before the hearing, and distribution only to parties and their counsel (6.3.17); child advocates sworn in, each an officer of the Court, with access to records, timely notice and the right to appear (6.3.18 to 6.3.24); paternity determined in a Juvenile Court proceeding (6.4.1); informal discovery, a noticed discovery motion served at least five (5) court days before the hearing, and case records available at least ten (10) calendar days before a contested hearing (6.4.2 to 6.4.3); Jurisdictional and/or Dispositional reports due at least forty-eight (48) hours and status review reports at least ten (10) calendar days before the hearing (6.4.4); settlement conferences before every contested hearing, a representative of DSS with authority to settle present (6.4.5); a reporter's transcript at court expense on a request in writing or an oral request at a court hearing (6.4.6); and strictly to comply with the timelines for dependency hearings (6.4.7).
Rule 7 (Rules 7.1 to 7.13): the rule adopted to comply with Rule 5.660 of the California Rules of Court (7.1); all attorneys appearing in juvenile dependency proceedings to meet the minimum standards of competence, “Competent counsel” a state bar member in good standing trained in the juvenile dependency law, attorneys to meet regularly with clients and adhere to the timelines (7.2); eight hours of education and training in juvenile dependency law or previous experience in dependency proceedings, a Certificate of Competency completed and submitted to the Court within 20 days of the attorney's first appearance, the right to practice in dependency proceedings revoked if it is not submitted within 30 days of the notice, and a caseload that allows the duties of Welfare and Institutions Code § 317(e) (7.3); the Court to only appoint counsel certified by the Court, billing forwarded to the Court with documentation for approval (7.4); minimum standards of representation (7.5); a written complaint about an appointed attorney, the Court to give the attorney 15 days from the date of the notice to respond in writing, the Court's determination final (7.6); notice to the Court that a dependent child may have an interest or right to be protected or pursued in another forum, by Judicial Council form N-180 or by declaration (7.7); the discovery provisions of California Rules of Court rule 5.546 adopted, informal pre-hearing discovery, a noticed motion for formal discovery served at least 5 judicial days before the hearing, no civil discovery without approval of a Judge of the Juvenile Court, and the social worker's narratives and case records available at least 10 calendar days before a contested hearing (7.8); jurisdictional and/or dispositional reports due at least 48 hours before the hearing, status review reports at least 10 calendar days before, proposed modifications to the petition exchanged 48 hours prior, and the names and reports of experts provided at least 10 days before the hearing (7.9); a settlement conference prior to every contested hearing, the attorneys and all parties present unless excused, a representative of Children's Services with authority to settle present (7.10); the statutory timelines - detention hearings no later than the end of the next Court Day, a jurisdiction hearing within 30 calendar days or 15 Court days if the child is detained, a disposition hearing within 10 days if detained, the six-month, twelve-month and eighteen-month review, a Notice of Intent to file a writ petition within 7 days, a writ petition and a response within 10 days, a selection hearing within 120 days and a Notice of Appeal within 60 days after the rendition of the judgment (7.11); and juveniles issued citations for infractions ordered to appear in juvenile court, the offenses defined in Penal Code§§ 19.6 and 19.8, the Juvenile Court to require the appearance of the juvenile and at least one parent, either appearance may be excused for good cause shown (7.12 to 7.13).
Juvenile dependency and juvenile delinquency cases, court employees prohibited by law from giving legal advice; information regarding juvenile matters confidential, not given over the phone and given only to persons with a legal right to receive it, such as the juvenile's mother, father or legal guardian; transfer-in hearings generally held on each Monday beginning at 1:00 pm; the Juvenile Division at (530) 233-6516 ext. 1209.
Chapter 15 (Rules 15.01 to 15.05): the Local Rules pertaining to civil, family law, probate and criminal actions made applicable to all juvenile dependency proceedings except to the extent of a conflict (15.01); a weekly master calendar for dependency proceedings, detention matters set for hearing at 1:00 P.M. each Monday, the detaining agency to give notice to the Clerk by no later than 3:00 PM of the immediately preceding court day, or by 12:00 PM (noon) on that day for a hearing at any other time, and timely notice to all parties and counsel (15.02(A) to 15.02(B)); Local Rule 3.03 regarding ex parte applications applies in the Juvenile Court, no matter presented ex parte without prior notice to or waiver by counsel for each party except on good cause and for applications for funding for investigators or expert consultants (15.02(C)); every represented party entitled to competent counsel as defined by Rule 5.660 of the California Rules of Court, attorneys seeking appointment to meet its experience and education standards, applications by parents and guardians for appointed counsel presented by oral request in open court or by request to the Clerk, a Modoc County Public Defender or a private attorney or law firm appointed, attorneys for children appointed from a panel maintained by the Clerk, special appearances discouraged, claims for compensation submitted in writing in the form and time prescribed in Local Rule 13.07, and complaints referred initially to the appointed agency, attorney, or law firm and then in writing to the Presiding Judge (15.03); “Choices for Children” the designated Court-Appointed Special Advocate (“CASA”) program for Modoc County, advocates appointed on request or the Court's own motion, sworn in and bound by the rules, given timely notice of any motion, CASA Reports served not later than five calendar days prior to the hearing at which a Report will first be considered, and CASA matters granted calendar priority (15.04); and the provisions of Welfare & Institutions Code Section 827, et seq., which restrict access to information relating to dependency proceedings (15.05).
Juvenile cases strictly confidential - no information given on the phone, and parties wishing to obtain information presenting identification establishing themselves to be parties to the case; dependency matters (Welfare and Institutions Code section 300 and following) and delinquency matters (section 602 and following); an attorney appointed by the court for a child whose family cannot afford legal representation (representing the child only, not the parents or guardians); transfer-in hearings for both dependency and delinquency matters held on Mondays (excluding holidays) at 1:30 p.m. in the Mammoth Lakes branch, 100 Thompsons Way (mailing address P.O. Box 1037); questions to that address, by e-mail to criminal@mono.courts.ca.gov or by telephone, Monday-Friday 9:00 a.m. to 12:00 noon.
Chapter 11 (Rules 11.1 to 11.3): attorneys for parties required to adhere to the statutory timeliness for all filings and hearings unless otherwise specifically approved by the court, accompanied by applicable time waivers (11.1); in every dependency case in which a petition for jurisdiction has been filed, a mandatory settlement conference set prior to the date for the jurisdictional hearing (11.2); the rule established to comply with Section 317 of the Welfare and Institutions Code and Rule 5.660 of the California Rules of Court, its requirements of competence of counsel waived or modified when necessary to provide counsel, the court automatically appoints counsel for children for the duration of the court's juris over the minor child, counsel relieved only upon proper motion and order (11.3(A)); competent counsel an attorney who is a member in good standing of the State Bar of California and has participated in training in the law of juvenile dependency, attorneys appointed only after a minimum of eight (8) hours of training or education in juvenile dependency (or sufficient recent experience), within every three years attorneys to complete at least eight (8) hours of continuing education, expected to meet regularly with clients, including children, and to adhere to the mandated timelines (11.3(B)); a party's written complaint concerning the performance of appointed counsel directed to the judge assigned to the proceeding and filed with a court clerk, the attorney given the opportunity to respond in writing within 10 court days, or up to 30 calendar days if good cause shown, the court may replace the attorney, impose sanctions as provided by law and/or refer the matter to the State Bar of California, and shall notify the attorney and the party in writing of its determination (11.3(C)); and attorneys for parties required to adhere to the statutory time lines for all hearings (11.3(D)).
Section 14 (Rules 14.01 to 14.07): all juvenile dependency and juvenile delinquency proceedings assigned for all purposes to Department 1 pursuant to the annual court calendar (14.01); the court shall set the matter for hearing in accordance with the time limitations established by law, e.g. Welfare and Institutions Code §334 and California Rules of Court, Rule 5.680 (14.02); all counsel shall meet and confer with the court officer assigned by the Department of Child Welfare Services (CWS) and/or the Deputy or Assistant County Counsel assigned to the case, counsel will have previously met with their respective clients, the requirements not to apply to parties representing themselves in propria persona (14.03(A)); if the parties are unable to resolve the issues, each party shall advise the other counsel not later than 24 hours prior to the scheduled hearing of the names and addresses of each anticipated witness, failure to comply may be cause for preclusion of the witness (14.03(B)); written reports of expert witnesses disclosed to all parties at least 24 hours in advance of the hearing (14.03(C)); counsel shall furnish the court, at the time of the plea, a written Judicial Council waiver form discussed with and completed by the parent(s), to facilitate the taking of admissions or no contest pleas in juvenile dependency proceedings (14.04); all attorneys appearing in juvenile dependency proceedings shall comply with the standards of competence required by California Rules of Court, Rule 5.660 (14.05(A)); each attorney appearing in a dependency proceeding shall have at least eight (8) hours of training or education in juvenile dependency law within the preceding three (3) years or at least 24 hours of experience within the preceding year in dependency proceedings (14.05(B)); the administration of psychotropic drugs to wards or dependent children only upon the authorization of a duly licensed physician, a Request for Psychotropic Medication Therapy prepared by the minor’s physician for submission to the parent or guardian or to the Juvenile Court, a five to seven day temporary period while Probation or CWS attempts to obtain consent, the matter set for hearing on an objection, the court to issue orders within two (2) days after submission in the absence of written objections, and concurrent jurisdiction for a minor detained under Welfare and Institutions Code §5585 (14.06); every person or agency seeking to inspect or obtain juvenile court records must petition the court, except those permitted under Welfare and Institutions Code §§827, 827.10 and 828 and California Rules of Court, Rule 5.552(b), and an Indian child’s tribe representative if the tribe has intervened and a mental health professional ordered by the court to examine or treat the juvenile or the family (14.07(A)); petitions on Judicial Council Form JV-570 and JV-575 filed in the Trinity County Courthouse, 11 Court Street, Weaverville, CA 96093, with one original and two copies (14.07(B)); the petition completed with specificity, the attorney of record in pending civil litigation to attach a declaration under Code of Civil Procedure §2015.5 (14.07(C)); at least five calendar days before the petition is filed, petitioner shall serve, or attempt to serve, a copy on county counsel, district attorney, child, attorney of record for child, parent or guardian, probation department, and child welfare services program (14.07(D)); objections in writing received by the Juvenile Court Presiding Judge no later than 5 actual days after the filing date of the petition, with prompt telephonic notice to the court, Court Services reached at (530) 623-1208 (14.07(E)); petitions handled without a hearing unless the Presiding Judge of the Juvenile Court or his/her designee sets one (14.07(F)); and if the court orders disclosure, the court will issue Judicial Council Form JV-574, the Petitioner to present the Order to the agency and pay any costs of copying (14.07(G)).
Juvenile dependency and delinquency cases strictly confidential - no information provided over the phone, parties seeking information appearing in person at the Courthouse with identification, only those with a legal right to the information (such as the juvenile's mother, father or legal guardian) obtaining details; a parent or guardian preferably accompanying the minor in court, one unable to attend contacting the court in advance; a juvenile delinquency case sealed through the Probation Department at (530) 283-6200, which for a small fee prepares the paperwork and files it with the court; an attorney appointed for a child whose family cannot afford one, and for parents in dependency cases; parents possibly held responsible for attorney fees, probation department services and placement costs.
Rule 7 (Rules 7.1 to 7.14): the rule adopted to comply with Division 3 of the California Rules of Court (7.1); all attorneys appearing in juvenile dependency proceedings must meet the minimum standards of competence, including attorneys representing or employed by public agencies and attorneys appointed by the court (7.2(a)); every party represented by counsel entitled to competent counsel (7.2(b)); attorneys expected to meet regularly with clients, contact social workers and adhere to mandated timelines (7.2(c), 7.2(d)); each attorney appointed shall complete eight hours of education and training in juvenile dependency law, or have previous experience in dependency proceedings in which the attorney has demonstrated competence, a Certificate of Competency obtained from the Court Clerk (7.3(a)); a Certificate of Competency completed by the attorney of record and submitted within 20 days of the first appearance in a dependency matter (7.3(b)); failure to submit it will cause the court to notify the attorney that the right to practice in dependency proceedings is revoked, the attorney shall have 30 days from mailing of the notice to submit it, then an order prohibiting the attorney from practicing in dependency proceedings (7.3(c)); the attorney for a child must have a caseload that allows the duties of Welfare and Institutions Code 317(e) (7.3(d)); the court will only appoint counsel certified by the Court, billing forwarded to the court with documentation for approval (7.4); the attorney shall thoroughly investigate the allegations and reports and conduct a comprehensive interview with the client (7.5(a)); the attorney not required to meet a client incarcerated or committed out of Plumas County (7.5(b)); a written complaint about an appointed attorney lodged with the Court, the Court to give the attorney 15 days from the date of the notice to respond, the Court’s determination final (7.6); any interested person may notify the Court that a dependent minor may have an interest or right to be protected or pursued in another forum, by filing Judicial Council form JV-180 or a declaration, the Court then to authorize the minor’s attorney, appoint an attorney or a guardian ad litem, notice a joinder hearing pursuant to W & I 632 or take other action (7.7); the discovery provisions of California Rules of Court, rule 5.546 adopted (7.8(a)); pre-hearing discovery conducted informally (7.8(b)); formal discovery only by noticed motion served on all parties at least 5 judicial days before the hearing date (7.8(c)); no depositions, interrogatories or similar civil discovery without approval of a Judge of the Juvenile Court upon noticed motion (7.8(d)); the social worker’s narratives made available to all counsel at least 10 calendar days before a contested hearing and any updated records 2 calendar days before (7.8(e)); jurisdictional and dispositional reports due at least 48 hours before the hearing (7.9(a)); status review reports at least 10 calendar days before (7.9(b)); all other reports not less than 48 hours before (7.9(c)); proposed modifications to the petition exchanged 48 hours prior to the jurisdiction hearing (7.9(d)); the names and reports of experts at least 10 days before the hearing (7.9(f)); reports of a CASA advocate not less than 48 hours before (7.9(g)); a Settlement Conference held prior to every contested hearing (7.10(a)); the attorneys, all parties and a representative of Children's Services with authority to settle present (7.10(b)); detention hearings no later than the end of the next Court day after a petition has been filed (7.11(a)); a jurisdiction hearing begun within 30 calendar days from the date the petition was filed, or within 15 Court days from the date of the detention order if the child is detained (7.11(b)); the disposition hearing begun within 10 days from the date the petition was sustained if the child is detained, and if the child is not detained no later than 30 calendar days after jurisdiction is found (7.11(c)); the Court required to review the status of every dependent child within six months and at least every 6 months thereafter, the removed child within 12 months, and a review no later than 18 months (7.11(d), 7.11(e), 7.11(f)); a Notice of Intent to file a writ petition filed within 7 days of the order setting a hearing under W & I 366.26, with an extension of 5 days if the party received notice only by mail (7.11(g)); the writ petition within 10 days after the filing of the record (7.11(h)); a response within 10 days (7.11(i)); the selection hearing within 120 days (7.11(j)); a Notice of Appeal within 60 days after the judgment (7.11(k)); juveniles issued citations for infractions ordered to appear in traffic court, their parents notified prior to the traffic court date if a petition is to be filed in the Juvenile Court (7.11); infractions those defined in Penal Code 19.6 and 19.8 (7.12); the Juvenile Court will require the appearance of the juvenile and at least one parent, which may be excused for good cause shown (7.13); and such infraction proceedings excluded from the rules of confidentiality usually applicable to juvenile matters under Welfare and Institutions Code 603.5 (7.14).
Juvenile dependency and juvenile delinquency cases strictly confidential - no information provided over the phone, information obtained at the Hall of Justice, only by persons with legal right to it (the juvenile's mother, father, or legal guardian) on identification; a parent or guardian preferably present with the minor in court, or the court contacted prior to the hearing to explain the absence; a juvenile delinquency case sealed through the Probation Department at (530) 251-8212 for a small fee; an attorney appointed for the child who cannot afford one, and in dependency cases for a parent, the child's attorney representing the child only; parents possibly responsible for attorney fees, probation department services fees and placement costs.
Fax filings in Juvenile Dependency cases (Local Rules of Court, Rule 17.2) by the persons and agencies defined in Rule 5.522(c) of the California Rules of Court; $1.00 per page and a possible credit card service fee (waived under an approved Fee Waiver), the court calling the telephone number on the cover sheet to collect payment; the Fax Filing Cover Sheet (form JV-520) required, with the Telephone No. and Email Address and the total number of pages - a missing or incomplete cover sheet rejected; the phrase By fax immediately below each document's title; faxed to (530) 251-2126; documents received on or before 4:00 PM Pacific Time on a court business day file-stamped that day, after 4:00 PM the following court business day; never filed this way - subpoenaed documents, attachments that cannot be accurately transmitted, trial exhibits, documents lodged provisionally under seal; the original filed in open court if the matter is on calendar the same day; no fax filings in any criminal matters.
Rule 3 (subdivisions A to J): a readiness conference and a pre-trial conference for contested matters, mediation of custody and visitation issues where there is no issue of risk of harm to the minor(s), minor(s) six (6) years or older to attend the mediation on direction of the mediator, and the discovery protocol of California Rules of Court, rule 5.546 (3(A)); the minimum standards of competence of rule 5.660 for all attorneys who appear in juvenile dependency proceedings (3(B)); LSC-JVDP-100, Certificate of Competency to Practice in Juvenile Dependency Court, submitted within ten (10) days of a first appearance, certified counsel substituted for an attorney who does not meet the standards (or a written waiver by a party with retained counsel), and proof of certification by the juvenile court of the California county in which an attorney whose principal office is outside this county maintains an office (3(C)); certification after at least eight (8) hours of training or education in juvenile dependency law or at least six (6) months of experience, a new Certificate of Competency on or before February 28 of the third year and every third year thereafter with evidence of at least eight (8) hours of continuing training or education, 20 days from the mailing of a notice that the attorney will be decertified to submit evidence, and the clerk’s cumulative list of certified attorneys (3(D)); complaints or questions about representation referred initially to the agency or law firm appointed, then in writing to the court, which may review the complaint or refer it to the State Bar (3(E)); Judicial Council forms JV-100 or JV-180 utilized to inform the court of interests of the dependent child which require further investigation, intervention, or litigation and to request direction from the court (3(F)); child advocates trained by and to function under a Court Appointed Special Advocate Program (CASA) (rule 5.655, Welfare & Institutions Code section 356.5) - their functions, oath and duties, their access to records (CASA volunteers court personnel under Welfare and Institutions Code section 827), mandated child abuse reporting and the right to adequate and timely notice of any motion concerning the child (3(G)); a photo of each minor provided to the Court by Lassen County Family & Child Protective Services (CPS) (3(H)); the petitioner to include all full siblings in one petition under one case number, one original filed and identical copies (3(I)); and court clerks not to accept for filing any non-emergency application, petition, or report without the approving signature of an attorney with the Office of Lassen County Counsel (or a Social Worker Supervisor on behalf of the reviewing attorney) and the signatures of the requesting Social Worker and Social Worker Supervisor (3(J)).
Chapter 7 (Rules 7.0 to 7.2): all attorneys appearing in juvenile dependency proceedings to meet the minimum standards of competence of CRC 5.660(d), absent a knowing and intelligent waiver, an appointed attorney to submit a Declaration of Certification of Attorney Competency on Local Form JV-020 within 10 days of his or her first appointment, the court may determine, based on conduct or performance, that a particular attorney does not meet the minimum competency standards, proof of certification by the juvenile court of another California county sufficient for an attorney who maintains his or her principal office there, the minimum training and education of CRC 5.660 (d)(3) or sufficient recent experience, at least eight (8) hours of continuing education related to dependency every three years with a new Certification of Competence, the court to notify an attorney who fails to submit it that he or she will be decertified, with 20 days from the date of the mailing of the notice to submit evidence of completion, the standards of representation, contact information and caseload of CRC 5.660, a party’s complaint regarding his or her appointed attorney in writing and addressed to the Court Executive Officer, the procedures for informing the court of a dependent child’s interest or right to be protected or pursued in another forum (notice by the filing and service of a declaration, and the action the court may take), attorneys to adhere to the statutory timelines for all hearings, requests for continuances in writing, and an attorney appointed as guardian ad litem in proper cases (7.0); informal pre-hearing discovery under CRC 5.546, discovery motions only after the parties meet and confer in good faith (CRC 5.546(f)), filed and served at least five (5) court days before the hearing with responsive papers two (2) court days prior, Social Study Reports filed and made available to all counsel - jurisdictional reports a reasonable time before the hearing, dispositional reports at least 48 hours before, reviews of Family Reunification, Family Maintenance and Permanent Plans at least ten (10) calendar days before, and other reports a reasonable number of days before - experts’ names and reports at least ten (10) calendar days before the hearing, witness lists at least 48 hours prior, counsel to confer on contested issues at least one court day prior, and settlement conferences before the jurisdictional hearing, the trial attorneys, their clients and a representative of CPS with authority to settle cases present (7.1); and the CASA program’s guidelines (Welfare and Institutions Code Sections 100-109 and California Rules of Court, Rule 5.655) adopted as a Local Rule of Court, Special Advocates trained by a CASA program, sworn in and serving at the pleasure of the court, their functions and specific duties, each a mandated child abuse reporter, to regularly visit the child and maintain communication, a continued appointment in the family law proceeding (Welfare and Institutions Code section 362.4), their rights to interview, to inspect and copy records (Welfare & Institutions Code section 107), to timely notice of motions and to be present and heard at all court hearings, and CASA reports submitted to the court at least five (5) court days prior to the hearing, CASA to serve a copy of the report on the parties at least two (2) court days prior (7.2).
Chapter 14 (Rules 14.01 to 14.04): the competence of counsel appointed in juvenile dependency proceedings (Welfare and Institutions Code section 317.6 and rule 5.660) - a Certification of Competency submitted within 10 days of a first appearance in a dependency matter, decertification with thirty (30) days to submit evidence of competency, a declaration of at least eight (8) hours of continuing education within the last three (3) years filed on or before January 15 of each year, the minimum training of rule 5.660 or twenty-four (24) hours of experience within the last year, a mentor program by the local County Bar Association, the standards of representation, and the Court to review written complaints about appointed attorneys (14.01); a Guardian Ad Litem appointed for the child in Welfare and Institutions Code section 300 cases - the attorney appointed under sections 317 and 317.6 or, if the court implements a CASA program, a CASA volunteer - and in a prosecution initiated under the Penal Code (14.02); a referral to the Child Advocates Office for a Court-Appointed Special Advocate (CASA), the referral criteria, a written request for CASA Referral with two (2) working days telephone notice, objections in a brief written statement, the CASA a sworn officer of the court, its confidential personnel file, and the advocate to file reports, with copies provided to all parties, at least two (2) court days before each formal six month review hearing (rule 5.655(k)(5)) (14.03); and all claims for court appointed attorney fees in dependency filed every thirty (30) days until counsel is relieved, and untimely claims may, in the discretion of the court, be denied (14.04).
Chapter 10 (Rules 10.01 to 10.07): the local rules for civil, family law, probate and criminal actions applicable to all juvenile dependency proceedings except to the extent of a conflict (10.01); a weekly master calendar for dependency proceedings, detention hearings at 8:15 AM daily or 8:30 AM on the master calendar day with notice to the Calendar Coordinator by no later than 3:00 PM on the court day before (by 12:00 PM (noon) for a hearing at any other time), and ex parte matters at 8:30 AM or 1:30 PM daily under Local Rule 3.03 (10.02); competent counsel under Rule 5.660, appointment of counsel for parents and guardians on request in open court or to the Supervising Clerk of the Civil/Juvenile Division, counsel for children, the appointment panel with proof of training at least once every three years, special appearances discouraged, compensation under the current MOU, and client complaints in writing to the Presiding Judge (10.03); Youth Empowerment Siskiyou designated as the Court-Appointed Special Advocate (CASA) program, advocates appointed on request and sworn, education advocates, CASA Reports served not later than five calendar days prior to the hearing (or through the attorney’s pickup box with a Notice of Filing CASA Report by mail), section 388 petitions served under Code of Civil Procedure §§1011, 1012, or 1013, and calendar priority for CASA matters (10.04); the dependency mediation program of Family Court Services at 411 Fourth Street, Yreka - referrals by the Judge of the Juvenile Court or by a party’s “Request for Mediation” form, additional participants made known to the Mediator no less than twenty-four (24) hours prior, strict confidentiality, and children, incarcerated parents and alleged victims of abuse (10.05); and Welfare & Institutions Code §827 and Rule 5.552, which restrict access to dependency information (10.07).
Juvenile transfer-in hearings - Juvenile Dependency on Tuesday at 9:00 a.m. in Courtroom 2 and Juvenile Delinquency on Tuesday at 10:30 a.m. in Courtroom 2 (with the addresses and telephones of the Calaveras Health and Human Services Agency, for dependency, and of Calaveras County Probation, for delinquency); no case heard unless the parent or legal guardian is present in court with the minor; the sealing of a juvenile delinquency case prepared by the Probation Department for a small fee; counsel appointed for the child and, upon request, for a parent or guardian who cannot afford an attorney; parents may be held responsible for attorney fees, probation department services fees and placement costs.
Chapter 5 - Juvenile Rules (Rules 5.50 to 5.54.10): attorneys in juvenile dependency proceedings to meet the standards of competence of rule 5.660(d), a Counsel Certificate of Competence submitted within 10 days of a first appearance and a renewal on or before January 31 of every third year, an attorney who fails to submit evidence of the required training notified that he or she will be decertified and given 20 days to submit it, and certification by the Juvenile Court of the California county in which the attorney maintains an office sufficient (5.50); a written complaint about appointed counsel lodged with the court, the client given written notice of the procedure within 10 days of the appointment, the court's review within 10 days of receipt, the attorney's response within 20 days, and the court able to reprove, sanction, order practice under a mentor attorney or substitute counsel, a review by another judge requested within ten days (5.50); notice to the court of a dependent child's interest in another forum by declaration, and attorneys to adhere to the statutory time lines, time waivers accepted and continuances granted only on a showing of exceptional circumstances (5.50); no direct fax filing of documents under rule 2.304 or rule 5.522 in the juvenile court except upon exceptional circumstances and after obtaining leave of court (5.51); psychotropic medication administered to a ward removed from the parent's custody only on a prior court order under rule 5.640 (5.52); the Probation Department, Family Court Services, and the Calaveras Works and Human Services Agency may disclose to each other information relating to any dependent minor, ward or conservatee as necessary to carry out their duties to the court, and confidential information exchanged under the rule remains confidential (5.53); the Court Appointed Special Advocate Program under Welfare and Institutions Code §§ 100-110 and rule 5.655, special advocates sworn in and appointed by an order granting the authority to review documents, the same legal right to records as a case manager, timely notice of motions, priority on the court's calendar, the Special Advocate to regularly visit the child, the right to be present and heard at all court hearings, CASA reports submitted to the Court at least five (5) court days prior to the hearing, and CASA to provide a copy of the report to the parties at least two (2) court days prior (5.54 to 5.54.10).
Juvenile dependency, juvenile delinquency and juvenile traffic cases; juvenile delinquency cases set for Tuesday at 10:00 a.m. heard in Department 5; intercounty transfers set in Department 5 - delinquency on Tuesdays at 10:30 a.m., dependency on Tuesdays at 1:00 p.m.; no case heard unless the parent or legal guardian is present in court with the minor; information on juvenile matters confidential, given only to persons with a legal right to it and never over the phone; the sealing of a juvenile delinquency case prepared by the Probation Department for a small fee; counsel appointed for the child and, upon request, for a parent or guardian who cannot afford an attorney; parents may be held responsible for attorney fees, probation department services fees and placement costs.
Section 4 (Rules 15 and 16): the court adopts the guidelines for the Court Appointed Special Advocate Program (CASA) under Welfare and Institutions Code Sections 100 through 110 and Rule 5.655, the CASA Program to report regularly to the presiding judge of the Juvenile court (15); the judge, commissioner or referee making the appointment to sign an order granting the CASA the authority to review specific relevant documents and interview parties and other persons, the CASA's legal right to records relating to the child as any case manager, the CASA to present its appointment order together with identification, no consent from the parent or guardian necessary (15); the moving party to provide the CASA with timely notice of any motion or supplemental or subsequent petition, the CASA's right to be present and be heard at all court hearings, not a party to the dependency proceedings, the Court, at its discretion, with the authority to grant the CASA amicus curiae status (15); priority on the Court's calendar whenever possible for matters on which CASAs appear (15); CASA reports filed with the court, and the CASA program to provide a copy of the report to all counsel of record, at least three (3) court days before the hearing (15); all attorneys appearing in juvenile dependency proceedings to comply with the standards of competence required by California Rules of Court, Rule 5.660, to meet regularly with clients, contact social workers and other professionals, work to resolve disputed issues without hearing and adhere to mandated timelines and the procedures for contested matters (16); the complaint of a party represented by a court appointed counsel in an open case raised as a Marsden Motion by written request or by oral request in Court (16).
Chapter 7 (Rules 7.0 and 7.1): attorneys appearing in juvenile dependency proceedings to meet the minimum standards of competence of CRC 5.660(d), an appointed attorney to submit a Certification of Competence on Local Form JV03003 within 10 days of the first appointment, certification by the juvenile court of the county of an attorney's principal office sufficient evidence of competence, and an attorney who does not meet the competency requirement to disclose it (7.0); the minimum training and education of CRC 5.660 (d) or sufficient recent experience, eight (8) hours of continuing education related to dependency every three years with a new Certification of Competence, the court to notify an appointed attorney who fails to submit it that he or she will be decertified, with 20 days from the mailing of the notice to submit evidence of the required education, and the court may order compliant counsel substituted (7.0); the minimum standards of representation of CRC 5.660(d), the contact information of attorneys representing children (CRC 5.660 (d)(5)) and a caseload that allows the duties of Welfare and Institutions Code section 317 (e), a party's complaint about an appointed attorney in writing to the Court Executive Officer, notice by declaration of a dependent child's interest or right in another forum and the court's action on it, statutory time lines, requests for a continuance in writing, time waivers only on good cause, and a guardian ad litem in proper cases (7.0); in contested matters, informal discovery under CRC 5.546, a meet and confer in good faith before any discovery motion, the motion filed and served at least five (5) court days before the hearing and responsive papers two (2) court days prior to the hearing (7.1); social study reports prepared by CPS filed and made available before the hearing - jurisdictional reports a reasonable time before, dispositional reports at least 48 hours before, reviews of family reunification, family maintenance and permanent plans at least ten (10) calendar days before - the names of experts and their reports ten (10) calendar days before, witness lists 48 hours prior, counsel to confer on contested issues at least one court day prior, settlement conferences before the jurisdictional hearing with a representative of CPS to settle cases present, and mediation as the court deems necessary (7.1).
Juvenile justice cases heard in Nevada City and Truckee and juvenile dependency cases in Nevada City, both strictly confidential - no information by telephone; information in person with photo identification proving the person is a party to the case; transfer-in hearings for juvenile cases transferred to Nevada County, noticed per Rule of Court 5.610(f)(2) - juvenile justice at the Nevada City Courthouse on the 2nd & 4th Tuesday of the Month at 1pm, dependency there on the 1st, 3rd, & 5th Thursday of the Month at 1pm, and juvenile justice at the Truckee Branch Courthouse on the 1st, 3rd & 5th Monday of the Month at 2:30pm (contact (530) 362-4309).
Juvenile transfer cases set as California Rules of Court, Rule 5.610(f)(2) requires - dependency cases (300's) Tuesday & Thursday at 10:00 a.m., delinquency cases (602's) Tuesday & Thursdays at 8:30 a.m.; no juvenile case information given over the telephone; juvenile traffic citations for infraction Vehicle Code violations handled by the Traffic Unit, a Notice to Appear a mandatory appearance with a parent or legal guardian; a notice of appeal within 60 days (California Rules of Court, Rule 8.66; Rules 8.400 – 8.474); emancipations filed and heard in the Civil Courts; a parent or legal guardian appearing with the child at court hearings.