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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).
California > Third Appellate District > Amador County > Superior Court of California, County of Amador
CHAPTER 14 – JUVENILE 14.01 Appointment of Counsel in Juvenile Dependency Proceedings A. Purpose and Applicability. This rule is established to comply with section 317.6 of the Welfare and Institutions Code and rule 5.660 of the California rules of court. On proper application and showing, the requirements of these rules pertaining to competence of counsel can be waived or modified when necessary to provide appointed counsel in juvenile dependency cases, where the court automatically appoints counsel for children. b. General Competency Requirement. All attorneys appointed by the court in juvenile dependency proceedings must meet minimum standards of competence as set forth in this rule. C. Screening for Competency. 1. All attorneys who are appointed by the court to represent parties in juvenile court proceedings shall meet the minimum standards of training and/or experience set forth in this rule. Each appointed attorney of record for a party to a dependency matter pending before the Court on the effective date of these rules, who believes he or she meets the minimum standards of competency shall complete and submit to the Court, within 30 days of the effective date of these rules, a Certification of Competency. After the effective date of these rules, any appointed attorney appearing in a dependency matter for the first time shall complete and submit a Certification of Competency to the court within 10 days of his or her first appearance in a dependency matter. 2. Attorneys who meet the minimum standards of training and/or experience as set forth in this rule, as demonstrated by the information contained in the Certification of Competency submitted to the Court, shall be deemed competent to be appointed by the Juvenile Court in dependency cases, unless a Judge of the juvenile court determines a particular appointed counsel does not meet minimum competency standards. 3. If certified counsel fails to submit evidence that he or she has completed at least the minimum required training and education to the court by the due date or the Court determines counsel does not meet the competency requirements, the Court shall notify counsel that he or she will be decertified. The attorney shall have thirty (30) days from the date of mailing the notice of decertification to submit evidence of competency. If the attorney fails to complete such training, the Court shall order, except in cases where a party is represented by retained counsel, that certified counsel be substituted for the attorney who fails to complete the required training. 4. In order to retain his or her certification of competency, counsel shall file a declaration certifying that counsel has completed at least eight (8) hours of continuing education related to dependency proceedings within the last three (3) years. The declaration must be filed on or before January 15 of each year. D. Minimum Standards of Education and Training. 1. Each attorney appointed by the Court to represent a party in a dependency matter before the Juvenile Court shall not seek certification of competency and shall not be certified by the Court as competent until the attorney has completed the minimum training and education requirements set forth in rule 5.660 of the California Rules of Court, or has at least twenty-four (24) hours of experience within the last year in dependency proceedings in which the appointed counsel has demonstrated competence in the appointed counsel’s representation of his or her clients in said proceedings. 2. In the case of court-appointed attorneys new to the field of representation of parties to dependency proceedings, the local County Bar Association shall establish a mentor program to provide “mentor attorneys,” who are experienced in the field of dependency representation, and who meet the competency requirements set forth in this rule, to advise and, as necessary, assist such new counsel in the field of dependency representation. Such mentor attorneys may attend dependency court proceedings and provide such other assistance, in and out of court, to the new attorney in order to assist in providing competent representation to parties in dependency cases. E. Standards of Representation. All attorneys appearing in dependency proceedings shall meet the following standards of representation: 1. The standards set forth in rule 5.660 of the California Rules of Court shall be the minimum standards of representation of clients in dependency proceedings. 2. Attorneys representing children are strongly encouraged to visit the children in the children’s placement environment as an integral part of preparation for upcoming disposition or review hearings. It is important for the child to meet with the attorney outside of the courthouse setting. The attorney should make an independent assessment of how the child is being cared for on a day-to-day basis. If the attorney receives any information that the child is at risk in his/her placement, the attorney shall take the appropriate action. F. Procedures for Reviewing and Resolving Complaints. 1. Any party to a juvenile court proceeding may lodge a written complaint with the Court concerning the performance of his or her appointed attorney in a Juvenile Court proceeding. 2 The Court shall review all complaints received. If the Court determines that the complaint presents reasonable cause to believe that the attorney may have failed to act competently, the Court shall notify the attorney in question of the complaint and shall give the attorney an opportunity to respond in writing to the complaint. 3 The Court shall review the complaint and the response, if any, to determine whether the attorney acted incompetently. The Court may obtain additional information prior to making a determination on the complaint. 4. If the Court finds that the attorney acted incompetently, the Court may replace the attorney, impose sanctions in a manner provided by law, or refer the matter to the State Bar of California for further action. 5 The Court shall notify the attorney and the complaining party in writing of its determination concerning the allegations of the complaint. (Effective 1/1/97; Amended 7/1/97; Amended 1/1/07; Amended 1/1/08; Amended 7/1/2015) 14.02 Appointment of Guardian Ad Litem for Minors. (Welfare and Institutions Code section 326.5) A. Purpose and Applicability. This rule is established to comply with Welfare and Institutions Code section 326.5 and California Rules of Court, rule 5.660. This rule shall apply in any case in which a petition is filed pursuant to Welfare and Institutions Code section 300 et seq. based upon neglect or abuse of a child or in which a prosecution is initiated under the Penal Code arising from neglect or abuse of a child. B. Appointment of Guardian Ad Litem in Welfare and Institutions Code section 300 et seq. cases. If a petition is filed pursuant to Welfare and Institutions Code section 300 et seq. based upon neglect or abuse of a child, the Court will appoint a Guardian Ad Litem for the child. The Guardian Ad Litem will be the attorney appointed to represent the child pursuant to Welfare and Institutions Code sections 317 and 317.6. If the court implements a Court Appointed Special Advocate (CASA) program, a CASA volunteer may be appointed as Guardian Ad Litem. C. Appointment of Guardian Ad Litem in Cases initiated under the Penal Code. If an attorney has already been appointed for a child under the provisions of Welfare and Institutions Code sections317 and 317.6, that attorney shall be appointed Guardian Ad Litem for the child in any prosecution initiated under the Penal Code. If there has not been an attorney appointed pursuant to Welfare and Institutions Code section 317.6, the court shall appoint an attorney as Guardian Ad Litem. If the court implements a Court Appointed Special Advocate (CASA) program, a CASA volunteer may be appointed as Guardian Ad Litem. D. Qualifications and Competency of Guardians Ad Litem. Any Guardian Ad Litem appointed under this rule shall be an attorney who meets the minimum standards of competence set forth in rule 14.01, unless the court implements a Court Appointed Special Advocate (CASA) program. If the court implements a CASA program, a CASA volunteer appointed as a Guardian Ad Litem shall satisfy the training and competency requirements set forth in California Rules of Court, rules 5.655 and 5.660. (Effective 1/1/02; Amended 1/1/07; Amended 7/1/2015) 14.03 Court-Appointed Special Advocate (CASA). A. Program. A referral to the Child Advocates Office may be made by the Judicial Officer, or any party to the case at any point in delinquency and dependency proceedings, or upon request of the CASA program. Upon acceptance of the case by the Child Advocates Office, the Court will be asked to sign an Order Appointing a CASA. Where the referral is not made by the court at an appearance hearing, the Child Advocates Office will notice all parties of the CASA program's intent to request appointment and the name of the specific CASA volunteer to be assigned to the case. B. Referral Criteria. The court should consider referring a dependency or delinquency case to CASA when it involves the following: 1. Severe physical sexual abuse cases where the child is not released to a parent or relative, and the child is seriously traumatized; 2. Special needs cases (e.g., education developmental, medical, mental health needs) that involve conflicting opinions as to assessment and/or treatment for child, or where treatment plans or resources will be difficult to arrange; 3. Cases of re-abuse that involve a number of issues or a number of interested parties; 4. Children 10 years and under who have experienced multiple placements and whose parents have consistently failed to show progress toward or interest in fulfilling treatment plans or goals for family reunification; 5. Children age 0-8 years old in foster care, where CASA might expedite the case toward family reunification or adoption, if reunification is not appropriate; and 6. Short-term CASA intervention/involvement is required in case resolution or clarification of issues by gathering or researching information: e.g., contacting out-of-state relatives or investigating medical concerns to assist the court in reaching a decision. In delinquency cases, the court may make CASA referrals when it deems it to be appropriate. C. Requests for Referrals Any party, attorney representing a party or child, the welfare worker, or other person having an interest in the welfare of the child can request the Court make a referral to CASA. A request for CASA Referral must be submitted in writing to the Court for each child referred. The person requesting such a referral must give two (2) working days telephone notice to the child welfare worker, attorneys of record for the parents/guardians, and attorney for the child. If the child welfare worker is making the referral, the Court Officer will provide notice. Unless the attorney of record or the child welfare worker objects to the referral, the court will send the referral to CASA for evaluation. Any objections to the referral must be in a brief written statement as to why the referral is not appropriate, without discussing the subject matter of the litigation. The basis for an objection will not be treated as confidential. After receipt of the objection, the Court will review the case and make an independent decision as to whether a referral to CASA is appropriate. D. Status of CASA Volunteers. 1. The Court-Appointed Special Advocate (CASA) is appointed as a sworn officer of the court, serves at the pleasure of the court, and is bound by all court rules under the authority of Welfare and Institutions Code section 102, subdivision (c). CASA volunteers are appointed only on behalf of children. 2. Pursuant to Welfare and Institutions Code sections 100, 102, subdivision (c), 104 and 106, the Child Advocates Office and individual CASA volunteers have a right to be properly and timely noticed for all proceedings held in cases on which they have been appointed. The advocate has the right to be present in person at all hearings, and to sit at counsel table with the child. An advocate may not be excluded from any proceeding by virtue of the fact that he or she might be called upon to give testimony in the case at some later date. 3. Under rule 5.655(g)(1)(E) of the California Rules of Court, CASA programs must have access to an attorney, whether retained or pro bono, to provide advice and direction on legal issues. Pro bono attorneys retained in such a capacity have the right to be heard in any proceedings and may examine the child and other witness, as necessary. 4. CASA volunteer's personnel file is confidential under rule 5.655. No one shall have access to the file or any of its contents, except the volunteer, the CASA Program Director, and the Presiding Judge of the Juvenile Court. A volunteer's personnel records, however, are subject to the court's subpoena power. All subpoenas are to be served in the CASA office. 5. A CASA advocate is a mandated child abuse reporter with respect to the case to which he or she has been assigned (Penal Code section 11164, et seq.). E. Court Reports. In any case in which the court has ordered the appointment of an advocate, such advocate shall file reports regarding their findings and recommendations for the child with the court at least two (2) court days before each formal six month review hearing; reports for other hearings/reviews are encouraged when significant, new information is available. Copies of the report are to be provided by CASA to all parties or their counsel at least two (2) court days before the scheduled hearing, pursuant to California Rules of Court, rule 5.655(k)(5). F. Family Law Advocacy. Should the juvenile court dismiss dependency and create family law orders pursuant to Welfare and Institutions Code section 362.4, the advocate’s appointment may be continued in the family law proceeding, in which case the juvenile court order shall set forth the nature, extent, and duration of the advocate’s duties in the family law proceeding. (Effective 7/1/03; Amended 1/1/07; Amended 1/1/10; Amended 1/1/13; Amended 7/1/2015; Amended 7/1/2017) 14.04 Court Appointed Attorney Fees: Dependency All claims must be filed with the Judicial Counsel every thirty (30) days until counsel is relieved. Untimely claims may, in the discretion of the court, be denied. (Effective 1/1/09; Amended 7/1/2015)
CHAPTER 14 – JUVENILE 14.01 Appointment of Counsel in Juvenile Dependency Proceedings A. Purpose and Applicability. This rule is established to comply with section 317.6 of the Welfare and Institutions Code and rule 5.660 of the California rules of court. On proper application and showing, the requirements of these rules pertaining to competence of counsel can be waived or modified when necessary
Reviewer note: Composed 2026-10-12 (California T4 Amador build 2026-10-12) from BenchPath custody ca/t4/ca-amador/docs/local-rules/2025-01-01_local-rules-court-accessible.pdf (the court's rule book, its cover “SUPERIOR COURT OF CALIFORNIA COUNTY OF AMADOR Local Rules of Court Effective Date: January 1, 2025”, as fetched 2026-10-12; 2731170 bytes, sha256 a1d85880106808eb0665ed0313fc1d63b254623347ace78066f5cee3167f614e; 86 pages; this part PDF pages 61 to 66, printed pages 60 to 65) with the shared verbatim composer (v2 reflow): the preface and the rules (PDF pages 6 to 70, printed 5 to 69) composed as one text and cut at the preface's heading and the eighteen chapter headings, each matched once as a whole line (no chapter opens a page of its own); each page's running header (“State of California Superior Court” / “County of Amador”) and running footer (“Revised 01/01/2025”, the page number, “Z/local rules/2025-01.01”, “www.amadorcourt.org”) removed as chrome (390 lines); lines reflowed into the rules' paragraphs, each rule's number set with its title, each lettered or numbered subdivision starting a line and each rule's history (“(Effective ...)”) on a line of its own; no table in the rules; the strike report (review/strike-report-2026-10-12.txt) lists 20 struck runs on 23 pages - every mark, rendered and read (review/render/strike-marks-2026-10-12.png), is a short filled tick, red or black, crossing one printed letter or a space inside a word, or a forms table's rule (PDF pages 72 and 85) - no text is struck, and the book is composed without strike-out; 5 whitespace-only fixes (build/book-fixes.json: the headings of Rules 1.02, 13.10 and 17.05, each printed on a line of its own, set apart from the first sentence the reflow ran onto them; Rule 8.14(F)'s heading, printed “F. Time” / “Limits:”, set as one line; two bullets of Rule 11.06(A)'s list of calendars, which the reflow joined, set apart); the vertical-gap, short-line, page-break, bold, false-break, fragment and row audits (custody file book_extra_audits.py; review/book-extra-audits-2026-10-12.txt and review/book-audits-after-fixes-2026-10-12.txt) list candidates read one by one (build/book_fixes.py) - one gap junction, two page breaks, two fragments, four two-line rule titles and Rule 6.04(C)(1)'s unfinished last sentence kept as printed; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover (PDF page 1), the table of contents (2 to 5), the appendix of local forms (71 to 72), the filing instructions and summary of changes (73), the alphabetical index (74 to 78), the list of effective dates (79 to 84) and the appendix of local forms ordered by name (85 to 86) belong to no card. Review note: Carried as printed: Rule 14.01 letters its second paragraph “b.” and numbers paragraphs 2, 3 and 5 of subdivision F without periods; Rule 14.04 requires claims “filed with the Judicial Counsel”.
Division XI: information forms for data processing (Rule 11.2); required action - action taken on all calendared cases and a future date always set (Rule 11.19); and pro tem judges - an attorney named as a plaintiff in a civil or small claims case may not sit as a judge pro-tem during the case or within six months following its resolution, nor one named as a defendant in two or more such cases (Rule 11.22). Rules 11.1, 11.3 to 11.5, 11.7 to 11.18, 11.20 and 11.21 are repealed, and Rule 11.6 (voluntary arbitration; see Local Rule 10.2) was repealed and renumbered.
Duval County's indigent-defense and magistration rules under the Texas Fair Defense Act (S.B. 7): who may be booked into the county jail and on what paper; arrest-case numbering; presentment to a magistrate within 48 hours (art. 15.16); the magistrate's warnings, counsel inquiry, interpreter duty, indigence determination and appointment of counsel within 24 hours of a request; the alternative appointment plan under art. 26.04(g)-(h) with annual applications, seven attorney categories (capital, first and second degree, third degree/state jail/misdemeanor, competency, appeals, post-conviction, extradition), CLE and experience standards, random rotation within each category, written acceptance within 48 hours, first contact by the end of the next working day, replacement and suspension of counsel, fee applications within five days of completing services and the compensation attachment ($500 pleas; $175/$150 hourly; $1,400 per jury-trial day; appellate caps); bail schedules by offense class with a personal bond office (fee $20 or 3%), pre-trial supervision and revocation hearings within two working days; arraignment settings and notice; repeal of conflicting rules.