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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).
California > Third Appellate District > Calaveras County > Superior Court of California, County of Calaveras
JUVENILE RULES 5.50 Appointment of Counsel in Juvenile Dependency Proceedings (Eff. 7/1/98; As amended, eff. 1/1/08.) (a) Purpose and Applicability: This rule is established to comply with sections 317 et. seq. of the Welfare and Institutions Code and Rule 5.660 of the California Rules of Court. (b) General Competency Requirement: All attorneys appearing in juvenile dependency proceedings must meet minimum standards of competence as set forth in rule 5.660(d) of the California Rules of Court. This rule is applicable to attorneys employed by public agencies, attorneys appointed by the court to represent any party in juvenile dependency proceeding, and attorneys who are privately retained to represent a party to a juvenile dependency proceeding. (c) Screening for Competency: (1) All attorneys who represent parties in juvenile court proceedings shall meet the minimum standards of training and/or experience as set forth above. Any attorney appearing in a dependency matter for the first time shall complete and submit Local Form Counsel Certificate of Competence 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 above, as demonstrated by the information contained in the Certificate of Competence submitted to the court, shall be deemed competent to practice before the Juvenile Court in dependency cases except as provided in subdivision 3. (3) Notwithstanding the submission of a Certificate of Competence which demonstrates that the attorney has met the minimum standards for training and/or experience, the court may determine, based on conduct or performance of counsel before the court in a dependency proceeding, that a particular attorney does not meet minimum competency standards. In such case, the court shall proceed as set forth in subdivision (f) of this rule. (4) In the case of an attorney who maintains his or her principal office outside of this county, proof of certification by the Juvenile Court of the California County in which the attorney maintains an office shall be sufficient evidence of competence to appear in a juvenile proceeding in this county. (d) Minimum Standards of Education and Training: (1) Each attorney appearing 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 established by rule 5.660(d) of the California Rules of Court. (2) In order to retain his or her certification to practice before the Juvenile Court, each attorney who has been previously certified by the court shall submit a new Certificate of Competence to the court on or before January 31 of the third year after the year in which the attorney is first certified and then every third year thereafter. The attorney shall attach to the renewal Certificate of Competence evidence that he or she has complied with rule 5.660(d) of the California Rules of Court. (3) When a certified attorney 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, the court shall notify the attorney that he or she will be decertified. The attorney shall have 20 days from the date of the mailing of the notice to submit evidence of his or her completion of the required training or education. If the attorney fails to submit the required evidence or fails to complete the required minimum hours of continuing training or education, 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. In the case of retained counsel, the court shall notify the party that his or her counsel has failed to meet the minimum standards required by the rule. The determination whether to obtain substitute counsel shall be solely within the discretion of the party so notified. (e) Standards of Representation: All attorneys appearing in dependency proceedings shall meet the minimum standards of representation as set forth in rule 5.660 of the California Rules of Court. (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. In the case of a complaint concerning the performance of an attorney appointed to represent a minor, the complaint may be lodged on the child’s behalf by the social worker, a caretaker relative, or a foster parent. (2) Each appointed attorney shall give written notice to his or her adult client of the procedure for lodging complaints with the court concerning the performance of an appointed attorney. The notice shall be given to the client within 10 days of the attorney’s appointment to represent the client. Evidence that a copy of said notice was given or mailed to the client shall be provided to the court within 10 days of a request therefore from the court. In the case of a minor client, the notice shall be mailed or given to the current caretaker of the child. If the minor is 12 years of age or older, a copy of the notice shall be provided to the minor. (3) The court shall review a complaint within 10 days of receipt. If the court determines that the complaint presents reasonable cause to believe that the attorney may have failed to act competently or has violated local rules, the court shall notify the attorney in question of the complaint and shall give the attorney 20 days from the date of the notice to respond to the complaint in writing. (4) After a response has been filed by the attorney or the time for submission of a response has passed, the court shall review the complaint and the response, if any, to determine whether the attorney acted contrary to law, these rules or has otherwise acted incompetently. The court may ask the complainant or the attorney for additional information prior to making a determination on the complaint. (5) If, after reviewing the complaint, the response, and any additional information, the court finds that the attorney acted contrary to the law or rules of court, the court may reprove the attorney, either privately or publicly, and may, in cases of willful or egregious violations of his or her duties, issue such reasonable monetary sanctions against the attorney as the court may deem appropriate. (6) If, after reviewing the complaint, the response, and any additional information, the court finds that the attorney acted incompetently, the court may order that the attorney practice under the supervision of a mentor attorney for a period of at least six months, that the attorney complete a specified number of hours of training or education in a specific area of study. In cases in which the attorney’s conduct caused actual harm to his or her client, the court shall order that competent counsel be substituted for the attorney found to have been incompetent and may, in the court’s discretion, refer the matter to the State Bar of California for further action. (7) The court shall notify the attorney and the complaining party in writing of its determination of the complaint. The complaining party or the attorney shall have ten days after the date of the notice to request a review by another judge concerning the court’s proposed action. If the complaining party or attorney does not request a review within that period of time, the court’s determination shall become final. (8) If a review is requested, it shall be completed as soon as practicable after the request therefore, but in no case shall it be completed more than 30 days after it has been requested, except by stipulation of the parties. The review shall not be open to the public. (9) Within ten (10) days after the review, the reviewing judge shall issue a written determination upholding, reversing, or amending the court’s original determination. A copy of the review decision shall be provided to both the complainant and the attorney. The determination after review shall be final. (g) Procedures for Informing the Court of the Interests of a Dependent Child: (1) At any time during the pendency of a dependency proceeding, any interested person may notify the court that the minor, who is the subject of the proceeding, may have an interest or right which needs to be protected or pursued in another judicial or administrative forum. If counsel for the minor becomes aware that the minor may have a right or interest which needs to be protected or pursued in another judicial or administrative forum, counsel for the minor shall notify the court of such right or interest as soon as it is reasonably possible for counsel to do so. (2) Notice to the court may be given by the filing and service on all parties of a declaration. The person giving notice shall set forth the nature of the interest or right which needs to be protected or pursued, the name and address, if known, of the administrative agency or judicial forum in which the right or interest may be affected and the nature of the proceedings being contemplated or conducted there. (3) If the person filing the notice is the counsel for the minor, the notice shall state what action on the child’s behalf the attorney believes is necessary, whether the attorney is willing or able to pursue the matter on the child’s behalf, whether the association of counsel specializing in practice before that agency or court may be necessary or appropriate, whether the appointment of a guardian ad litem may be necessary to initiate or pursue the proposed action, whether joinder of an administrative agency to the Juvenile Court proceedings pursuant to Welfare and Institutions Code §362 may be appropriate or necessary to protect or pursue the child’s interests, and whether further investigation may be necessary. (4) The court may set a hearing on the notice if the court deems it necessary in order to determine the nature of the child’s right or interest or whether said interest should be protected or pursued. (h) Timelines: Attorneys for parties are required to adhere to the statutory time lines for all hearings. Time waivers will be accepted and continuances granted only on a showing of exceptional circumstances. 5.51 Juvenile Facsimile Filings (Eff. 1/1/01; As amended eff. 7/1/09.) The court does not accept the direct fax filing of documents pursuant to rule 2.304 or rule 5.522 of the California Rules of Court except upon exceptional circumstances and after obtaining leave of court. 5.52 Authorization to Administer Psychotropic Medications (Eff. 7/1/01; As amended, eff. 1/1/08.) Pursuant to rule 5.640 of the California Rules of Court, absent prior court order granting authorization, psychotropic medication may not be administered to a child declared a ward of the court, under Welfare & Institutions Code §§ 601 or 602, where such child has been removed from the custody of the parent or guardian. The procedure for obtaining court authorization is provided in rule 5.640. 5.53 Juvenile, Probate and Family Courts Exchange of Information (Eff. 7/1/02; As amended, eff 7/1/03.) The Probation Department, Family Court Services, and the Calaveras Works and Human Services Agency may disclose to each other information concerning or relating to any dependent minor, ward, or conservatee who is the subject of any investigation or any matter pending before the court as necessary for each entity to carry out its duties to the court. Confidential information exchanged under this rule remains confidential and shall not be further released except as provided by law or court order. 5.54 Court Appointed Special Advocate Program (CASA) (Eff. 07/01/17) 5.54.1 Adoption of Court Appointed Special Advocate Program (Eff. 07/01/17) The Court hereby adopts the guidelines for court appointed special advocate programs (CASAs) set forth in Welfare and Institutions Code §§ 100-110 and rule 5.655 of the California Rules of Court, as well as the policy and procedures manual of the Calaveras County Appointed Special Advocate Program (hereinafter “the CASA”), as a Local Rule of Court applicable to the CASA and the guidelines are incorporated herein by reference. 5.54.2 The CASA (Eff. 07/01/17) The Court may appoint special advocates to represent the interests of dependent children, non-minor dependents, or wards who are subject to the jurisdiction of the juvenile court. In order to qualify for appointment, the Special Advocate must be trained by and function under the auspices of a CASA, formed and operating under the guidelines established by the National Court Appointed Special Advocate Association. The CASA shall report regularly to the Presiding Judge of the Juvenile Court with evidence that it is operating under the guidelines established by the National Court Appointed Special Advocate Association and the California CASA Guidelines for children, non-minor dependents, or wards who are subject to the jurisdiction of the juvenile court. (Eff. 07/01/17) 5.54.3 Special Advocates (Eff. 07/01/17) Special Advocates serve at the discretion of the Court having jurisdiction over the proceeding in which the Advocate has been appointed. In general, an Advocate’s functions are as follows: (a) To support the child, non-minor dependent, or ward who are subject to the jurisdiction of the juvenile court throughout the court proceedings; (b) To establish a relationship with the child, non-minor dependent, or ward who are subject to the jurisdiction of the juvenile court to better understand his or her particular needs and desires; (c) To communicate the child’s, non-minor dependent’s, or ward’s needs and desires to the Court in written reports and recommendations; (d) To identify and explore potential resources which will facilitate early family reunification or alternative permanency planning; (e) To provide continuous attention to the child’s, non-minor dependent’s, or ward’s situation to ensure that the Court’s plans for the child, non-minor dependent, or ward who are subject to the jurisdiction of the juvenile court are being implemented; (f) To the fullest extent possible, to communicate and coordinate efforts with the case manager (probation officer or social worker); (g) To the fullest extent possible, to communicate and coordinate efforts with the attorney for the child, non-minor dependent, or ward who are subject to the jurisdiction of the juvenile court; and (h) To represent the interests of the child, non-minor dependent, or ward who are subject to the jurisdiction of the juvenile court in other judicial or administrative proceedings. A Special Advocate is an officer of the court and bound by these rules. Each Advocate shall be sworn in by a Judge or Court Commissioner before beginning his or her duties and shall subscribe to a written oath. In its initial order of appointment, and thereafter in subsequent orders as appropriate, the court may specifically delineate the Advocate’s duties in each case, including interviewing and observing the child, non-minor dependent, or ward who are subject to the jurisdiction of the juvenile court and other appropriate individuals, reviewing appropriate records and reports, consideration of visitation rights for the grandparents and other relatives of the child, non-minor dependent, or ward who are subject to the jurisdiction of the juvenile court, and reporting back directly to the court as indicated. 5.54.4 Release of Information to the Special Advocate (Eff. 07/01/17) (a) To Accomplish Appointment: To accomplish the appointment of a Special Advocate, the Judge or Commissioner making the appointment shall sign an order granting the Advocate the authority to review specific relevant documents and interview parties involved in the case, as well as other persons having significant information relating to the child, non-minor dependent, or ward who are subject to the jurisdiction of the juvenile court, to the same extent as any other officer appointed to investigate proceedings on behalf of the Court. (b) Access To Records: A Special Advocate shall have the same legal right to records relating to the child he or she is appointed to represent as any case manager (social worker or probation officer) with regard to records pertaining to the child held by any agency, school, organization, division, or department of the State, physician, surgeon, nurse, other health care provider, psychologist, psychiatrist, mental health provider or law enforcement agency. The advocate shall present his or her identification and order of appointment as a Court Appointed Special Advocate to any such record holder in support of his or her request for access to specific records. No consent from the parent or guardian is necessary for the Advocate to have access to any records relating to the child. This Access to Records section does not apply to the records of or pertaining to a non-minor dependent. The CASA may have access to those records only with the explicit written and informed consent of the non-minor dependent. (c) Report of Abuse: A Special Advocate is a mandated child abuse reporter with respect to the case to which he or she is appointed. (d) Communication: There shall be ongoing, regular communication concerning the child’s, non-minor dependent’s or ward’s best interests, current status, and significant case developments, maintained among the Special Advocate, case manager, attorney for the child, non-minor dependent, or ward who are subject to the jurisdiction of the juvenile court, attorneys for parents, relatives, foster parents, and any therapist for the child, non-minor dependent, or ward who are subject to the jurisdiction of the juvenile court. (Eff. 07/01/17) 5.54.5 Right to Timely Notice (Eff. 07/01/17) The moving party shall provide the Special Advocate timely notice of any motions concerning a child, non-minor dependent, or ward who is subject to the jurisdiction of the juvenile court for whom a Special Advocate has been appointed. 5.54.6 Calendar Priority (Eff. 07/01/17) In light of the fact that Special Advocates are rendering a volunteer service to children, non-minor dependents, or wards who are subject to the jurisdiction of the juvenile court and the court, matters on which they appear should be granted priority on the court’s calendar whenever possible. 5.54.7 Visitation Through Dependency (Eff. 07/01/17) A Special Advocate shall regularly visit the child, non-minor dependent or ward who is subject to the jurisdiction of the juvenile court to whose case he or she has been appointed. The Advocate shall monitor the case as appropriate until dependency is dismissed. 5.54.8 Right to Appear (Eff. 07/01/17) A Special Advocate shall have the right to be present and heard at all court hearings, and shall not be subject to exclusion by virtue of the fact that he or she may be called to testify at some point in the proceedings. An Advocate shall not be deemed to be a “party” as described in Title 3 of Part II of the Code of Civil Procedure. 5.54.9 Distribution of CASA Reports (Eff. 07/01/17) (a) CASA reports shall be submitted to the Court at least five (5) court days prior to the hearing. (b) CASA shall provide a copy of the report on the parties to the case, including but not limited to: County Counsel, attending Case Social Worker/Probation Officer, attorney for child, non-minor dependent, or ward who is subject to the jurisdiction of the juvenile court, parties’ attorney(s), and ICWA representative (if applicable). (c) CASA shall provide a copy of the report on the parties entitled to receive a copy of the report at least two (2) court days prior to the hearing. 5.54.10 Distribution of CASA Reports (Eff. 07/01/17) Nothing in Rule 5.54 is intended to expand on or contradict the provisions of Welfare & Institutions Code §109.
JUVENILE RULES 5.50 Appointment of Counsel in Juvenile Dependency Proceedings (Eff. 7/1/98; As amended, eff. 1/1/08.) (a) Purpose and Applicability: This rule is established to comply with sections 317 et. seq. of the Welfare and Institutions Code and Rule 5.660 of the California Rules of Court. (b) General Competency Requirement: All attorneys appearing in juvenile dependency proceedings must mee
Reviewer note: Composed 2026-10-12 (California T4 Calaveras build 2026-10-12) from BenchPath custody ca/t4/ca-calaveras/docs/local-rules/calaveras-superior-court-local-rules-eff-7-1-26-3.pdf (the court's rule book, its cover “CALAVERAS COUNTY SUPERIOR COURT LOCAL COURT RULES EFFECTIVE: JULY 1, 2026”, as fetched 2026-10-12; 7185805 bytes, sha256 1518beed5362aa96ee849265fde2622770c66708d65a49504c2dc694dcee9e65; 113 pages; this part PDF pages 46 to 53, printed pages 40 to 47) with the shared verbatim composer (v2 reflow): the rules (PDF pages 7 to 65, printed 1 to 58 with an unnumbered last page) composed as one text, from Chapter 1's heading to Rule 10.3, and cut at the ten chapter headings and at Chapter 5's sub-heading “JUVENILE RULES”, each matched once as a whole line (every chapter opens a page); each rule page's running header (“Calaveras Superior Court”) and its page number (“N | P a g e”, its letters spaced) removed as chrome (117 lines; the last rule page prints neither); lines reflowed into the rules' paragraphs, each rule's number set with its title and its history as one line (“2.1 Filing and Format of Documents (Eff. 7/1/98; As amended, eff. 7/1/19.)”), each lettered or numbered subdivision starting a line, and each footnote on a line of its own; no table on the rule pages; the strike report (review/strike-report-2026-10-12.txt) finds three struck runs, each a single space (PDF pages 17, 84 and 85 - no word joined), and stray strokes striking nothing on two appendix form pages (87 and 88); the five soft hyphens (U+00AD) of the text layer, each at a printed line end and printed as a hyphen (review/render/soft-hyphens-2026-10-12.png), read as hyphens (the composer's glyph map, applied to the text and the layer alike); 8 whitespace-only fixes (build/book-fixes.json: Rule 1.6's heading set apart from its first sentence, which the reflow ran onto it; two false breaks rejoined, in Rule 2.5(a) before ““CONFIDENTIAL”” and in Rule 3.7 inside “Case Management Calendar”; the reflow's space after each soft hyphen removed - “(MC-500)” in Rule 2.14(f), “routine ex-parte” in Rule 3.1(a), “(Form RA-010)” in Rule 5.16(b) and the two addresses of Rules 5.16(g) and 6.1); the vertical-gap, short-line, page-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 short line, three bold headings and one false break 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 blank page 2, the table of contents (PDF pages 3 to 6), the reserved Chapter 9's heading (PDF page 64), the appendix of local forms (PDF pages 66 to 109) and the index (PDF pages 110 to 112; page 113 carries only the running header) belong to no card. Review note: Carried as printed: Rules 5.54.9 and 5.54.10 share the heading “Distribution of CASA Reports”.
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.