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Chapter 11 (Rules 11.00.00 to 11.00.21): juvenile court matters heard before the assigned judicial officer on days and times as directed by the court, no contested matter scheduled for hearing more than 30 days from the date of trial setting where time is waived (11.00.01); juvenile 300 proceedings governed by the Welfare and Institutions Code and the California Rules of Court from rule 5.667 and 601 or 602 proceedings from rule 5.752 (11.00.02); access to juvenile case file records governed by Welfare and Institutions Code sections 827 and 828, California Rules of Court, rules 5.552 and 5.553, and the El Dorado County Juvenile Court Standing Order dated March 22, 2017 (11.00.03); the district attorney to represent the probation department in section 602 proceedings and county counsel the Department of Social Services in section 300 proceedings (11.00.04); all requests for prehearing discovery in section 300 proceedings made no later than 5 court days after setting a contested hearing, rule 5.546 governs in section 601 or 602 proceedings, discovery disputes filed no later than 10 calendar days prior to the contested hearing, a request to inspect the juvenile file three (3) business days in advance (11.00.05); the Court Appointed Special Advocate (CASA) program - a request for appointment of a child advocate, the advocate an officer of the court, its functions, duties and right to timely notice (11.00.06); CASA reports filed and served not later than five (5) calendar days prior to the hearing, or 10 calendar days prior to a status review (11.00.07); the release of information to CASA advocates (11.00.08); family law advocacy (11.00.09); calendar priority (11.00.10); the case selection procedure (11.00.11); the parents' financial declaration where the court has appointed counsel (11.00.12); the appointment of private attorneys under California Rules of Court, rule 5.660 - a certification of competency within 10 days of a first appearance in a dependency matter, at least eight (8) hours of training or six (6) months of experience, a new certificate of competency on or before January 31 of the third year, the standards of representation, the court to review a written complaint about appointed counsel within 10 days of receipt, the attorney to request a hearing within 10 days, notice of a minor's interest in another forum on Judicial Council form JV-180 (11.00.13); investigator and expert fees submitted to the court for approval, the attorney to hire the investigator or expert only after approval from the court, fees in sections 601 and 602 cases in accordance with Local Rules 5.15.02 and 5.15.03 (11.00.14); dependency detention hearings - CPS to advise the clerk not later than two (2) hours prior to filing the petition, counsel appointed by the clerk not later than two (2) hours after notice, the designated court appearance time one (1) hour prior to the detention hearing, the attorneys to meet with clients no later than one-half hour after it, contested detentions under Welfare and Institutions Code section 321, CPS to notify the attorney for the minor no later than five (5) court days prior to a change in placement (11.00.15); in non-detention cases, the initial hearing not later than 30 court days following the filing of the petition, discovery and negotiation not less than two (2) court days prior to the jurisdiction hearing, counsel appointed not later than one (1) court day after the filing (11.00.16); contested jurisdictional/dispositional hearings - witnesses and reports disclosed no later than 10 calendar days prior, an offer of proof, each party responsible for subpoenaing their own witnesses, exhibits pre-marked, listed and copied, counsel to meet and confer not later than 30 minutes prior to the contested hearing (11.00.17); visitation - the first visit no more than five (5) calendar days after removal, visitation addressed at every regularly scheduled hearing, section 388 motions on visitation heard within five (5) court days of filing (11.00.18); confidentiality in dependency matters - a confidentiality statement for each party to sign, psychological evaluations retained by the attorney, an ex parte communication returned unread, the notice on reports, documents destroyed or returned upon termination of the case, transcripts released only on noticed motion (11.00.19); remote appearances in juvenile 300 proceedings under rule 3.672 and Local Rule 7.02.00(D), and in juvenile justice proceedings under rule 3.672 (11.00.20); the procedures for AIDS testing of minors (11.00.21).
11.00.00 JUVENILE PROCEEDINGS (Effective January 1, 1994) 11.00.01 SESSIONS Juvenile court matters shall be scheduled to be heard before the assigned judicial officer on days and times as directed by the court and within the provisions of the Welfare and Institutions Code and the California Rules of Court. Contested matters will be scheduled for hearing during times allocated for juvenile matters
Reviewer note: Composed 2026-10-10 (California T4 El Dorado build 2026-10-10) from BenchPath custody ca/t4/ca-el-dorado/docs/local-rules/local-rules.pdf (the court's rule book, its cover “Local Rules Revision: January 1, 2026” and its second page “LOCAL RULES FOR THE SUPERIOR COURT COUNTY OF EL DORADO Effective January 1, 2026”, as fetched 2026-10-10; 1813135 bytes, sha256 aba154e6450f0a7487a2f0a96e9da05110a8ab495e94410b87f54b88cfd6dd7a; 186 pages; this chapter PDF pages 129 to 147) with the shared verbatim composer (v2 reflow) and its strike-out: the rules (PDF pages 11 to 147, printed 1 to 137) composed as one text, from “1.00.00 SCOPE OF RULES FOR THE SUPERIOR COURT” to the last history note of Chapter 12, and cut at the twelve chapter headings, each matched once as a whole line (a chapter may begin mid-page: Chapters 6 and 7 both begin on PDF page 39); each page's running header (“LOCAL RULES – SUPERIOR COURT OF CALIFORNIA, COUNTY OF EL DORADO”) and its two footer lines (the printed page number and “Revised January 1, 2026”) removed as chrome (411 lines); lines reflowed into the rules' paragraphs, each rule's number set with its title as one line (“2.00.08 LOCATION FOR FILING AND COURT SESSIONS”) and each history note on a line of its own; the strike report (review/strike-report-2026-10-10.txt) finds no struck run; 8 whitespace-only fixes (build/book-fixes.json: four cross-references the reflow broke before a label or a rule number - Rules 2.00.07, 2.01.00, 10.09.02 and 11.00.13 - joined; Rule 7.16.00's heading and a sentence of Rule 11.00.19 that a “SECTION” line start split, joined; Rule 2.01.00's two complaint addresses set line by line as printed) and 1 same-character fix (build/book-captions.json: the header row of Rule 8.19.02's debts table set cell by cell); the vertical-gap, short-line, page-break, fragment and row audits (custody file book_extra_audits.py; review/book-extra-audits-2026-10-10.txt) list candidates read one by one (build/book_fixes.py); proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover, the effective-date page, the table of contents, the List of Effective/Revised Dates, the Alphabetical Index of Rules and the lists of local forms (PDF pages 1 to 10 and 148 to 186) belong to no card. Review note: Rule 11.00.03 incorporates the El Dorado County Juvenile Court Standing Order dated March 22, 2017 (carded).
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.
California > Third Appellate District > El Dorado County > Superior Court of California, County of El Dorado
11.00.00 JUVENILE PROCEEDINGS (Effective January 1, 1994) 11.00.01 SESSIONS Juvenile court matters shall be scheduled to be heard before the assigned judicial officer on days and times as directed by the court and within the provisions of the Welfare and Institutions Code and the California Rules of Court. Contested matters will be scheduled for hearing during times allocated for juvenile matters on the calendar, but in no event shall any contested matter be scheduled for hearing more than 30 days from the date of trial setting, where time is waived, or within the statutory time limits otherwise, even if it requires transferring the case to a different judicial officer to hear the case. (Revised July 1, 2012) 11.00.02 RULES OF PROCEDURE Juvenile proceedings and hearings shall be governed by the provisions of the Welfare and Institutions Code and the California Rules of Court. Procedurally, juvenile 300 proceedings and hearings shall be governed by Welfare and Institutions Code and California Rules of Court, beginning at section 5.667, et seq.; and juvenile 601 or 602 proceedings and hearings shall be governed by Welfare and Institutions Code and California Rules of Court, beginning at section 5.752, et seq., except as specifically noted in these Local Rules. (Revised July 1, 2012) 11.00.03 DISCLOSURE OF RECORDS IN JUVENILE CASE FILE Access to juvenile case file records, including documents and information maintained by the Department of Health and Human Services and the Probation Department, even where nothing is filed with the court, is governed by Welfare and Institutions Code sections 827 and 828, California Rules of Court, rules 5.552 and 5.553, and El Dorado County Juvenile Court Standing Order dated March 22, 2017. The juvenile court’s standing order regarding procedures for disclosing juvenile case file records is available on the court’s website at http://www.eldorado.courts.ca.gov/divisions/juvenile-division. (Revised January 1, 2022) 11.00.04 AGENCY REPRESENTATION The district attorney shall be present to represent the probation department in all proceedings conducted pursuant to Welfare and Institutions Code section 602. County counsel shall be present to represent the Department of Social Services in all proceedings conducted pursuant to Welfare and Institutions Code section 300, et seq. (Revised July 1, 2012) 11.00.05 PREHEARING DISCOVERY IN WELFARE AND INSTITUTIONS CODE SECTIONS 300, 601, AND 602 PROCEEDINGS For contested matters in Welfare and Institution Code section 300 proceedings, all requests for prehearing discovery shall be made either orally or in writing at the hearing, but in no case later than 5 court days after setting a contested hearing or learning of the need to request discovery. The contested hearing shall be scheduled to allow reasonable time to accommodate the discovery request. The discovery request shall be specific and shall seek information that is reasonably likely to lead to admissible evidence. When discovery is sought from the agency, discovery may be completed either by (1) allowing inspection of the juvenile file at a location approved by the agency no later than 3 court days from the date the agency receives notice of the discovery request; or (2) by production of copies in a manner agreed upon by the parties, but no later than 10 court days from the date the agency receives notice of the discovery request. When the circumstances warrant, the court may shorten the time for production of discovery. Notwithstanding anything to the contrary contained in this rule, California Rules of Court, rule 5.546 governs all prehearing discovery in Welfare and Institution Code sections 601 or 602 proceedings. All disputes regarding discovery shall be brought pursuant to California Rules of Court, rule 5.546(f), and shall be filed no later than 10 calendar days prior to the contested hearing. For hearings that are scheduled within 30 court days of the trial setting date, the motion shall be filed no later than five (5) court days prior to the contested hearing, and may be heard according to local ex parte procedures. Nothing in this provision is intended to limit a party’s right to otherwise inspect the juvenile case file. Requests for inspection of the juvenile file may be made at any time, but shall be made three (3) business days in advance of inspection. (Revised July 1, 2012) 11.00.06 THE COURT APPOINTED SPECIAL ADVOCATE PROGRAM A. REQUEST FOR APPOINTMENT. A request for appointment of a child advocate in dependency proceedings, wardship proceedings, or other appropriate proceedings as determined by the judicial officer before whom the case is pending, may be made orally or by written application in open court, or ex parte by any interested person, or by the court on its own motion. After approval by the court, the referral shall be forwarded to the Court Appointed Special Advocate (CASA) program’s office for screening and assignment. CASA will select an appropriate advocate for review and approval by the court. B. OFFICER OF THE COURT. An advocate is an officer of the court and is bound by the California Rules of Court and the El Dorado Superior Court Local Rules. The duties and responsibilities of a child advocate are set forth in Welfare and Institutions Code sections 102, 104, and 356.5. C. ADVOCATE’S FUNCTIONS. Advocates serve at the pleasure of the court having jurisdiction over the proceeding in which the advocate has been appointed. In general, an advocate’s functions are as follows: (1) To support the child throughout the court proceedings; (2) To establish a relationship with the child to better understand his or her particular needs and desires; (3) To communicate the child’s needs and desires to the court in written reports and recommendations; (4) To identify and explore potential resources which will facilitate early family reunification or alternative permanency planning; (5) To provide continuous attention to the child’s situation to ensure the court’s plans for the child are being implemented; (6) To the fullest extent possible, to communicate and coordinate efforts with the case manager, social worker, and/or probation officer; (7) To the fullest extent possible, to communicate and coordinate efforts with the child’s attorneys; and (8) To investigate the interests of the child in other judicial or administrative proceedings outside the juvenile court, report to the juvenile court concerning same, and, with the approval of the court, offer his or her services on behalf of the child to such other courts or tribunals. D. SPECIFIC DUTIES. The court will, in its initial order of appointment and/or in subsequent orders, specifically state the advocate’s duties in each case. Such duties may include conducting an independent investigation of the circumstances of the case; interviewing and observing the child as well as other individuals where appropriate; reviewing appropriate records and reports; and recommending visitation rights for the child’s grandparents, siblings, and other relatives and reporting back directly to the court as indicated. If no specific duties are outlined by court order, the advocate shall discharge his or her obligations to the child and the court as set forth in Welfare and Institutions Code sections 102, 104, and 356.5. E. REQUIRED REPORTING OF CHILD ABUSE. 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.] F. ADVOCATE’S RIGHT TO APPEAR AND BE REPRESENTED. An advocate has the same right to be present and to be heard at all court proceedings involving the child, and to accompany the child into chambers for conferences. At the court’s discretion, the advocate will 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 is not a “party” but, in the court’s discretion, may be given amicus curiae status which shall include the right to appear with counsel and to request court appointed counsel if the need arises. G. VISITATION THROUGHOUT DEPENDENCY. The advocate must visit the child regularly until the child is secure in a permanent placement. Thereafter, the advocate must monitor the case as appropriate until dependency is dismissed or the advocate is relieved from appointment. H. ADVOCATE’S RIGHT TO TIMELY NOTICE. CASA shall be given timely notice, by the moving party, or any motion concerning a child for whom a CASA advocate has been appointed. (Revised July 1, 2013) 11.00.07 SERVICE OF CASA REPORTS Absent good cause, not later than five (5) calendar days prior to any hearing at which a CASA report will first be considered or, in the case of a report for a status review, 10 calendar days prior to the hearing, copies of the report shall be filed with the court and served on all counsel of record, on the Department of Social Services, and on any party to the proceeding not represented by counsel. It shall be the responsibility of CASA to copy and distribute the report. A proof of service must accompany any document filed by a CASA advocate, including CASA Reports. (Revised July 1, 2012) 11.00.08 RELEASE OF INFORMATION TO CASA ADVOCATES A. ACCOMPLISH APPOINTMENT. Unless the court orders otherwise, the advocate has the authority to review specific relevant documents and to interview parties involved in the case, as well as other persons having significant information relating to the child, to the same extent as any other officer appointed to investigate proceedings on behalf of the court. B. ACCESS TO RECORDS. As an officer of the court, an advocate shall have the same legal rights to records relating to the child as those named in Welfare and Institutions Code section 827(a). The advocate shall present his or her identification as a court appointed 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. C. COMMUNICATION. There shall be ongoing, regular communication concerning the child’s best interests, current status, and significant case developments maintained among the advocate, case manager, social worker, or probation officer, the child’s attorney, attorneys for parents, relatives, foster parents, and any therapist for the child. (Revised July 1, 2012) 11.00.09 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 January 1, 2003) 11.00.10 CALENDAR PRIORITY Because advocates are rendering a volunteer service to children and the court, matters on which they appear should be granted priority on the court’s calendar, whenever possible. (Effective January 1, 2003) 11.00.11 CASE SELECTION PROCEDURE Recognizing that a CASA volunteer cannot be assigned to each case, the following procedure will be followed by the juvenile court judge with regard to assignment of CASA volunteers: A. PROCEDURE UPON COMMENCEMENT OF PROGRAM. (1) Cases previously adjudicated will be reviewed as they are calendared for regular reviews. (2) Special cases known to be in progress will be reviewed. B. After start up, each case will be reviewed at the time of jurisdiction hearing or, if especially unique, at detention hearing. C. The review of each case shall consider the following factors: (1) Age of the child. (2) Number of children in the family subject of court proceedings. (3) Specific areas where a CASA volunteer would be of assistance which are out of the normal situation. (4) The court shall consider all factors stated in the CASA Policies and Procedures for Court Appointed Special Advocate Programs, as set forth in Welfare and Institutions Code section 100, et seq. (5) Areas where Child Protective Services would have limited or no ability to provide specific information or assistance which the court believes essential. (6) Recommendations from any agency or parent that a CASA volunteer be appointed. (7) Any other factor the juvenile court judge believes important. D. The final decision shall be exercised in the sound discretion of the appointing juvenile court judge. (Revised January 1, 2019) 11.00.12 FINANCIAL DECLARATION In all juvenile proceedings where the court has appointed counsel, the parents or responsible party of the minor in Welfare and Institutions Code sections 602 or 300, shall execute a financial declaration as to their ability to pay attorney’s fees for the minor in section 602 and for the minor and themselves in section 300 proceedings when the court appoints such an attorney. (Revised July 1, 2012) 11.00.13 APPOINTMENT OF PRIVATE ATTORNEYS A. PURPOSE. This rule is established to comply with California Rules of Court, rule 5.660. B. GENERAL COMPETENCY REQUIREMENT. All attorneys appearing in juvenile dependency proceedings must meet minimum standards of competence as set forth in California Rules of Court, rule 5.660. C. SCREENING FOR COMPETENCY (1) Any 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 must meet the minimum standards of training and/or experience as set forth in California Rules of Court, rule 5.660(d) and must submit a certification of competency to the court. (3) Upon submission of a certification of competency, the court may determine a particular court appointed attorney does not meet minimum competency standards based on query of the attorney’s knowledge of the minimum requirements of competency, the attorney’s overall competency based on the court’s observations of the attorney’s abilities in other proceedings before the court, or based on conduct or performance of counsel before the court in a dependency case within the six (6) month period prior to, or after the submission of the certification to the court. (4) In instances where the court determines an attorney is not competent to represent persons in dependency matters, the court will inform the attorney. The attorney has the right to request a hearing on the matter within ten days of being informed. After the hearing on the matter, the decision is final and not subject to appeal. If the attorney does not request a hearing, the decision will become final after 10 days of informing the attorney. (5) 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 subject to (3) above. D. MINIMUM STANDARDS OF EDUCATION AND TRAINING (1) Prior to certification, the attorney shall have either: a. Participated in at least eight (8) hours of training or education on juvenile dependency law, which training or education shall have included information on the applicable case law and statutes, the Rules of Court, Judicial Council forms, motions, trial techniques and skills, writs and appeals, child development, child abuse and neglect, family reunification and preservation of reasonable efforts; b. At least six (6) months of experience during which the attorney has demonstrated competence in representing clients in juvenile dependency proceedings. In determining whether competence has been demonstrated, the court shall consider whether the attorney’s performance has substantially complied with the requirements of these rules. (2) In order to retain certification to practice before the juvenile court, each attorney who has been previously certified shall submit a new certificate of competency to the court on or before January 31 of the third year after the year in which the attorney was first certified and then every third year thereafter. The attorney shall attach to the renewal certification of competency evidence that he or she has completed at least eight (8) hours of continuing education or training directly related to dependency hearings since the attorney was last certified. a. Evidence of completion of the required number of hours of education or training may include a copy of a certificate of attendance issued by a California MCLE provider; a certificate of attendance issued by a professional organization which provides training and/or education for its members, whether or not it is a MCLE provider; a copy of the training or educational program schedule together with evidence of attendance at the program; or such other documentation as may be reasonably considered to demonstrate the attorney’s attendance at the program. Attendance at a court sponsored or approved program will also fulfill this requirement. (3) The attorney’s continuing education or training shall be in the areas set forth in subsection 11.00.13.D(1)(a), or in other areas relating to juvenile dependency practice, including, but not limited to, special education; mental health; health care; immigration issues; the rules of evidence; adoption practice and parentage issues; the Uniform Child Custody Jurisdiction Act; the Parental Kidnapping Prevention Act; state and federal public assistance programs; the Indian Child Welfare Act; client interviewing and counseling techniques; case investigation and settlement negotiations; child custody recommending counseling ; basic motion practice; and the rules of civil procedure. (4) When a certified attorney fails to submit evidence that he or she has completed at least the minimum required education and training 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 notice to submit evidence that he or she has completed the required education or training. If the attorney fails to submit the required evidence or fails to complete the minimum number of required hours of continuing education or training, the court shall order that certified counsel be substituted for the attorney who failed to complete the required continuing education, except in the case of retained counsel. (5) In the case of retained counsel, the court shall notify the party that his or her attorney has failed to meet the minimum standards required by these rules. The determination whether to retain 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 following minimum standards of representation: (1) The attorney shall thoroughly and completely investigate the accuracy of the allegations of the petition or other moving papers and the filed court reports supporting those allegations. The attorney shall conduct a comprehensive interview with the client to ascertain the client’s knowledge or involvement in the matters alleged or reported; shall contact social workers and other professionals associated with the case to ascertain whether the allegations and reports are supported by accurate facts and reliable information; shall consult with experts, and, if necessary, seek to have the expert(s) appointed by the court, in order to advise the attorney or the court on matters which are beyond the expertise of the attorney or the court; and shall obtain any other facts, evidence, or information necessary to effectively present the client’s position to the court. (2) The attorney shall determine the client’s interests and the position the client wishes to take in the proceeding. Except in those cases in which the whereabouts of the client is unknown, this shall include a comprehensive interview with the client. If the client is a minor child who is placed outside of the home, in addition to interviewing the child the attorney shall interview the child’s caretaker. The attorney or the attorney’s agent shall make at least one visit to the child at the child’s placement prior to the jurisdiction hearing. Thereafter, the attorney or the attorney’s agent should make at least one visit to the child at the child’s placement prior to each review hearing. (3) The attorney shall advise the client of the possible courses of action and of the risks and benefits of each. This shall include advising the client of the risks and benefits of resolving disputed matters without the necessity for adhering to court mandated time limits. (4) The attorney shall vigorously represent the child within applicable legal and ethical boundaries. Representation shall include the duty to work cooperatively with other counsel and the court; to explore alternative methods of resolving disputes without the necessity for a hearing if possible to do so consistent with the client’s interests; and to comply with Local Rules and procedures as well as with statutorily mandated timelines. 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 the client’s appointed counsel in the proceeding. Where the complaint concerns the performance of counsel appointed to represent a minor, the complaint may be lodged on behalf of the child by the social worker, a caretaker relative, or a foster parent. (2) Promptly after appointment, each appointed attorney shall have an affirmative obligation to advise his or her client of the right to lodge a written complaint with the court concerning the performance of the appointed attorney. If the client is a minor, the caretaker of the child shall be advised of the right to lodge a written complaint; if the minor is 12 years of age or older, the minor shall be so advised as well. (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 may have violated Local Rules, the court shall notify the attorney of the complaint, shall provide a copy of the complaint to him or her, 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 any response thereto and determine whether the attorney has acted incompetently or has violated Local Rules. The court may seek additional information from the complainant or the attorney prior to making its determination. (5) If the court determines that the attorney has violated Local Rules of Court, the attorney may be sanctioned as provided in Local Rule 7.12.11. If the court determines that the attorney has acted incompetently, the court may order that the attorney practice under the supervision of a mentor attorney for a period to be determined by the court in its discretion; that the attorney complete a specified number of hours of continuing education or training in the area in which the attorney was found to be incompetent; or a combination of the two. If the court finds that the attorney’s incompetence has resulted in actual harm to the client, the court shall remove the attorney and substitute other counsel. The matter may be referred to the State Bar of California in the court’s discretion. (6) The court shall notify the attorney and the complaining party in writing of its determination. If the court makes a finding pursuant to Local Rule 11.00.13.F(5), the attorney shall have 10 days from the date of the notice to request a hearing before the court concerning the court’s proposed action. If the attorney does not request a hearing within that period of time, the court’s determination shall become final. (7) If the attorney requests a hearing, the attorney shall serve a copy of the request on the complaining party. The hearing shall be held as soon as practicable after the request has been made, but in no case shall it be held more than 30 days after the date of the request, except upon stipulation of the attorney and the complainant. The attorney and the complainant shall be given at least 10 days’ notice of the hearing. The hearing may be held in chambers and shall not be open to the public. The court may designate a commissioner, referee, judge pro tempore, or any qualified member of the bar to act as hearing officer. (8) At the hearing, each party shall have the right to present arguments to the hearing officer concerning the court’s determination. The arguments shall be based on the evidence before the court at the time the determination was made. No new evidence may be presented unless the proponent of that evidence can demonstrate to the hearing officer that it was not reasonably available to the party at the time that the court made its determination. Within 10 days after the hearing, the court or the hearing officer shall issue a written determination upholding, reversing, or modifying the original determination. This written determination shall be the final determination of the court on the matter. A copy of the determination shall be provided to both the complainant and the attorney. G. PROCEDURES FOR INFORMING THE COURT OF THE INTERESTS OF A DEPENDENT CHILD (1) At any time during the pendency of a juvenile 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 the attorney 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, he or she shall promptly notify the court of that right or interest. (2) Notice of the minor’s right or interest may be given by filing Judicial Council form JV-180 or by filing a declaration. In either case, the person giving notice shall set forth the nature of the right or interest to be protected or pursued, the name and address, if known, of the judicial or administrative 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 attorney for the minor, the notice shall state what action on the child’s behalf counsel 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 court or administrative agency may be necessary or appropriate, whether appointment of a guardian ad litem is necessary for the proceedings in the other forum, whether joinder of an administrative agency to the juvenile court proceedings pursuant to Welfare and Institutions Code section 362, may be appropriate or necessary, and what if any further investigation may be necessary. (4) If the person filing the notice is not the attorney for the minor, a copy of the notice shall be served upon the minor’s attorney. If the minor is not represented, the notice shall so state. (5) The court may set a hearing on the notice if it deems a hearing is necessary to determine the minor’s right or interest, and whether that interest should be protected or pursued. (6) If the court determines that further action on behalf of the minor is required, the court shall do one or more of the following: a. Authorize the minor’s attorney to pursue the matter on the minor’s behalf; b. Appoint an attorney for the minor if the minor is not represented; c. Notice a joinder hearing pursuant to Welfare and Institutions Code section 362, compelling the responsible agency to report to the court as to whether it has carried out its statutory duties concerning the minor; d. Appoint a guardian ad litem for the minor to initiate or pursue appropriate action in the other forum(s); e. Take any other action the court may deem necessary or appropriate to protect the welfare, interests, and rights of the minor. H. TIMELINES. Attorneys for parties are required to adhere to the statutory timelines for all hearings. Time waivers will be accepted and continuances granted only on a showing of good cause pursuant to Welfare and Institutions Code section 352. I. CERTIFICATE OF COMPETENCY SUPERIOR COURT OF CALIFORNIA IN AND FOR THE COUNTY OF EL DORADO JUVENILE COURT CERTIFICATE OF ATTORNEY COMPETENCY I, ______________________________________________________________________ (Name Office Address Telephone Number) am an attorney licensed to practice law in the State of California. My State Bar Number is _________. I hereby certify that I meet the minimum standards for practice before a juvenile court set forth in California Rules of Court, rule 5.660 and Local Rule 11.00.13 and that I have completed the minimum requirements for training, education and/or experience as set forth below. This is a [ ] New Certification [ ] Recertification Training and Education: (Attach copies of MCLE certificates or other documentation of attendance) Course Title Date Completed Hours Provider Summary of Juvenile Dependency Experience: Date ______________ Signature _______________________________________ (Revised July 1, 2013) 11.00.14 INVESTIGATOR, EXPERT FEES, EXPENSES IN JUVENILE COURT All fees and expenses for investigators or experts employed by court appointed attorneys in juvenile court section 300, 601 or 602 cases shall be submitted to the court for approval with specificity as to the need, the scope of the work to be done, and the budget requested. The attorney will hire the investigator or expert only after approval from the court. The court will pay the investigator or expert directly after completion of the work. Investigator or expert invoices for fees and expenses shall be submitted along with a copy of the court order awarding fees and a detailed accounting of all claimed fees and expenses. Fees and expenses for investigators or experts employed by court appointed attorneys in juvenile court sections 601 and 602 cases shall be in accordance with Local Rules 5.15.02 and 5.15.03. (Revised July 1, 2012) 11.00.15 DETENTION HEARINGS IN SECTION 300 MATTERS The following provisions shall apply to all dependency detention hearings: A. CPS shall advise the clerk of the Superior Court in the department handling the dependency calendar of the need to have a hearing and counsel appointed for the parties, not later than two (2) hours prior to filing the petition, or as soon as a determination is made to file a petition, whichever is first. At that time: (1) CPS shall advise the court clerk of the following, to the extent it is available to CPS: a. Name or names of the children involved and birth dates. b. Full names, addresses, and phone numbers of the parents, guardians, or caregivers. c. Any possible conflict of interests between the parents, alleged parents, and/or custodial caregivers, which would require the appointment of a separate attorney for each of them. d. The name of the emergency social worker who effected the removal or the placement in protective custody. e. Any special circumstances, which would require the appointment of attorneys for parties other than the minor(s), mother and/or father. (2) Not later than two (2) hours after receipt of notice of the filing of the petition or the determination that the petition will be filed, the clerk of the dependency court shall, after conferring with the judicial officer assigned, appoint counsel to represent all parties (parents, guardians, caretakers, and minor(s)). Attorneys contacted by the clerk shall only accept the appointment if he or she can appear at the detention hearing. B. Prior to the detention hearing, all parties and counsel shall comply with the following time frame: (1) Designated court appearance time shall be one (1) hour prior to the time of the detention hearing. CPS shall have the caseworker, or a person familiar with the case, together with the full file, at the courthouse at the designated court appearance time, so as to be available to discuss the facts of the case with the attorneys. The attorneys shall be given access to any documents CPS intends to rely on at the detention hearing. (2) County counsel shall be available remotely or, at County counsel’s option, personally present to meet with the other attorneys at the designated court appearance time. (3) The attorneys shall meet with clients at the courthouse no later than one-half hour after the designated court appearance time. (4) All of the documents disclosed to the attorneys shall be subject to the rules of confidentiality. Counsel shall not duplicate the documents, nor provide to any person, including the client, copies of the documents. No copies shall be made of any document, except as authorized pursuant to Welfare and Institutions Code section 827 and California Rules of Court, rule 5.552. When disclosing information within the report(s) to clients, attorneys must follow the rules of confidentiality as it relates to confidential materials of persons other than the client contained within the report(s). (5) Attorneys must meet and act in good faith in an attempt to resolve all issues. (6) Parents’ attorneys, or any other person involved, must advise CPS at the earliest possible time of any relative who would be suitable for potential placement, providing the name, address, and phone number. (7) Parents’ attorneys shall also confirm as soon as possible the willingness of said person or persons to act as caregiver. (8) All requested visitation matters shall be discussed prior to the detention. (9) Counsel for the parents shall obtain and complete for delivery to the court the Native American Involvement Form. C. CONTESTED DETENTIONS. Contested hearings shall be held as soon as possible but in no case later than as required by Welfare and Institutions Code section 321 for prima facie hearings, and California Rules of Court, rule 5.680(d). D. NOTIFICATION OF MINOR’S ATTORNEY. If a minor has been detained by CPS and placed with a caretaker, CPS shall provide the attorney for the minor the name, address, and telephone number of the caretaker no later than the time set for the detention hearing. (1) If there is a change in placement of the minor, CPS shall notify the attorney for the minor no later than five (5) court days prior to the change in placement. CPS shall provide the attorney for the minor with any and all information CPS has considered in making a determination that a change in placement may be necessary. (2) If CPS determines that a minor is in imminent danger and that a change in placement must be made immediately, CPS shall notify the attorney for the minor no later than 5:00 p.m. the following court day. CPS shall provide the attorney for the minor with the name, address, and telephone number of the new caretaker. (Revised July 1, 2012) 11.00.16 NON-DETENTION HEARINGS A. In non-detention cases, the initial hearing may be conducted as the jurisdictional hearing at the court’s determination, and shall be scheduled not later than 30 court days following the filing of the petition. B. All discovery and negotiation shall take place prior to the jurisdiction hearing, at a mutually agreeable time for the parties, not less than two (2) court days prior to the jurisdiction hearing. C. Counsel shall be appointed on non-detention matters not later than one (1) court day after the filing of the petition. (Revised July 1, 2012) 11.00.17 CONTESTED JURISDICTIONAL/DISPOSITIONAL HEARINGS The following shall be requirements for all contested jurisdictional/dispositional hearings: A. Pre-hearing discovery shall be conducted pursuant to Local Rule 11.00.05. B. The names, addresses, and reports of any expert witnesses or witnesses to be called by any party shall be disclosed as soon as possible, and no later than 10 calendar days prior to the contested hearing for hearings that are scheduled 30 or more court days from the trial setting date. For hearings that are scheduled within 30 court days of the trial setting date, the disclosure shall be made no later than five (5) calendar days prior to the contested hearing. C. When a party requests a contested hearing, the presiding judicial officer may require either at the request of a party, or on the court’s own motion, an offer of proof as to the triable issue(s) and the facts to be proved. The court may require the filing of pretrial statement at a specified time before the contested hearing date to include the witnesses to be called, the time required for each, and a statement of the contested issues and facts, as well as the applicable law. D. Each party shall be responsible for subpoenaing their own witnesses. If any party requests the appearance of a specific social worker, such request shall be made at the hearing when scheduling the contested hearing. E. All exhibits reasonably known to be used at the hearing shall be pre-marked, listed, and copied for exchange among counsel prior to the hearing. F. Counsel must meet and confer with their respective clients and other counsel regarding resolution of contested issues at the earliest possible time, not later than 30 minutes prior to the contested hearing. The parties shall attempt, in good faith, to resolve the matter, and counsel representing the party requesting the contested hearing shall clarify and delineate the factual and legal issues to be resolved at the hearing. (Revised July 1, 2012) 11.00.18 VISITATION Visitation is essential to reunification of children with their parents during the pendency of a juvenile matter. CPS shall make its best efforts to effectuate visitation as ordered by the court and to liberalize visitation as to frequency and duration when ordered by the court and justified under the circumstances. CPS will make every reasonable effort to allow visitation between children and their parents as soon as possible after removal, and in no event shall the first visit occur more than five (5) calendar days after removal, irrespective of the timing of the detention hearing, unless CPS determines that visitation would be detrimental to the best interests of the child(ren) and reduces its reasoning to writing. Visitation shall be addressed at every regularly scheduled hearing. Requests for modifications to the existing order at regularly scheduled hearings shall not require a 388 motion. All counsel shall meet and confer on the issue of visitation in advance of every hearing and counsel shall give notice if requesting a different visitation order than recommended by the agency. Motions filed under Welfare and Institutions Code section 388 related to visitation orders will normally be heard on an order shortening time within five (5) court days of filing the motion, unless there is good cause to delay the hearing to a later date. The party filing the motion shall be responsible for immediately notifying all parties of the request and ensuring that all parties receive a copy of the motion no later than two (2) court days after the motion is filed. If a hearing is scheduled, the clerk shall inform the petitioning party, who shall then be responsible for immediately notifying all parties of the hearing date and time. Nothing herein shall limit the court’s power for good cause to make any emergency orders regarding visitation. (Revised July 1, 2012) 11.00.19 CONFIDENTIALITY IN DEPENDENCY MATTERS A. Each party, excluding the agency and appointed counsel, shall sign a confidentiality statement in the form approved by the court and adopted by these rules which shall require that the person receiving information or reports will not release the information to any other person(s), or duplicate the information. The purpose of this is to preserve the confidentiality of the proceedings to protect the minor(s). B. Psychological or psychiatric evaluations, or similar type assessments or evaluations, must be retained by the attorney. Psychological evaluations, or similar type assessments or evaluations, are not to be released to anyone, other than the subject of the evaluation. In the event of a contested hearing where the client insists on disclosure of the contents of a psychological evaluation, or similar type assessments or evaluations, or on obtaining a copy of another person’s psychological evaluation, the attorney shall set a noticed motion so as to allow all parties to object to disclosure and/or release of the report; or to petition the court for a protective order. If a copy is disclosed, it will be subject to court order that it not be released to any other person unless specified in the court order by name or profession. C. In the event the court receives any ex parte communication from anyone involved in the case where the party is represented, the court clerk shall return the documents, unread, to the person sending the same to the court and advise the person making the ex parte communication to contact their counsel of record. In the event of a non-represented party, the court clerk shall duplicate the same, send the communication to all counsel, and the court may read the documents only after consent of all counsel. D. In the case of any restriction as to duplication and confidentiality provided by these rules, the following shall be inserted: NOTICE TO PERSONS RECEIVING THIS REPORT: YOU SHALL NOT RELEASE THIS DOCUMENT TO ANY PERSON OTHER THAN YOUR ATTORNEY PURSUANT TO A COURT ORDER ENTERED IN YOUR CASE. IF YOU PERMIT ANY UNAUTHORIZED PERSON TO READ THIS REPORT, YOU MAY BE IN VIOLATION OF CALIFORNIA PENAL CODE SECTION 166(D) WHICH CAN SUBJECT YOU TO BEING HELD IN CONTEMPT OF COURT. SHOULD A FINDING OF CONTEMPT BE MADE, YOU ARE SUBJECT TO THE IMPOSITION OF A FINE NOT EXCEEDING $1,000 OR IMPRISONMENT IN THE EL DORADO COUNTY JAIL FOR A TERM NOT TO EXCEED 1 YEAR. E. Upon termination of the case, any and all documents distributed to a client must be destroyed by said client or returned to attorney. F. Transcripts of any hearing under section 300 and any subsequent hearing or any hearing involving the minors in the above situation shall be prepared only as required by law. In the event the party or interested person requests a copy, they shall file a noticed motion with the court and a hearing shall be held to determine whether or not such shall be released. No transcripts other than as required by law, being appeal writs, etc., may be prepared without a specific order of court after hearing. G. There shall be no confidentiality as regards attorneys with regard to court appointed experts, and any professional so appointed shall be advised of the requirement that there shall not be confidentiality. (Revised July 1, 2012) 11.00.20 REMOTE APPEARANCES Remote appearances in juvenile 300 proceedings may be authorized at the discretion of the court in accordance with California Rules of Court (“CRC”), rule 3.672 and Local Rule 7.02.00(D). Subdivision D of Local Rule 7.02.00 does not apply to juvenile justice proceedings. The provisions of CRC, rule 3.672, subdivisions (a)–(h) and (j)–(m) govern a remote appearance in a juvenile justice proceeding. (CRC, rule 3.672(i)(1)(C).) (Revised July 1, 2022) 11.00.21 PROCEDURES FOR AIDS TESTING OF MINORS A. POLICY. The juvenile court finds it necessary to engage in early intervention and to provide treatment for dependent children who are infected with the human immunodeficiency virus (HIV), the probable causative agent of acquired immune deficiency syndrome (AIDS). Therefore, it is ordered that certain high-risk infants who are taken into temporary custody pursuant to Welfare and Institutions Code sections 306(a)(2) and 309(b) and who may have been exposed to HIV, be tested for the presence of HIV pursuant to the limitations in this order. B. SUBJECT TO TESTING. Children who meet all of the following criteria may be tested: (1) Child is age 0 – 18 months as of the date the consent form is signed. (2) Child has been or will be placed in out of home care. (3) Child’s parent(s)/legal guardian(s) have refused to provide consent or their whereabouts is unknown. (4) A parent of the child has one or more of the following risk behaviors: history of prostitution; intravenous drug use; hypodermic needle sharing; and/or multiple sex partners whose personal histories are either unknown or known to include one or more of the above cited risk behaviors. (5) Child is a victim of sexual abuse, the nature of which has placed the child at risk of exposure to HIV. Pursuant to Welfare and Institutions Code section 369(a) and Health and Safety Code section 199.27 and the order of the presiding judge, the Director of the El Dorado Department of Social Services or the Director’s designee, is authorized to consent to the child’s evaluation for the presence of infection by the human immunodeficiency virus and to receive the results of such testing and any diagnosis derived there from. Further, the Department of Social Services is authorized to disclose the results of the HIV test(s) and any diagnosis derived there from to the child’s attorney, out of home care providers, parents (unless their parental rights have been terminated), legal guardian, prospective adoptive parents, dentist or mental health practitioner who is currently providing professional services to the child, the nature of which creates a legal need to know the child’s HIV status. The Department of Social Services shall not disclose the test results and any diagnosis derived there from to any other parties but may petition the presiding judge of the juvenile court for such disclosure, upon a showing of good cause. The Department of Social Services is directed to report to the presiding judge of the Juvenile Court, on a quarterly basis, the names and case numbers of the children who have been tested pursuant to this rule. (Revised January 1, 2024)
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.