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Chapter 5, Rules 5.9 to 5.12 (Adoptions, Parental Rights, Arbitration, and the Family Law Facilitator): stepparent and domestic partner adoptions filed with the Family Law Examiner's Office, an investigation by Family Court Services, the following documents forwarded no later than fifteen (15) calendar days from notification, and the adoption calendared after the report is filed (5.9.1); independent adoptions, the State Department of Social Services conducting the investigation (5.9.2); agency adoptions with the report or findings of the licensed adoption agency (5.9.3); a resident who adopts a child through intercounty adoption finalized in a foreign country may readopt the child in this county (5.9.4); adoptions of adults on a Petition for Approval of Adoption Agreement, with the consent of the spouse (5.9.5); the petition to terminate parental rights of the father and the petition for Declaration of Freedom from Parental Custody and Control, with an investigation by Family Court Services (5.10 to 5.10.2); arbitration, the parties with the consent of the arbitrator may stipulate to one (1) continuance, not to exceed thirty (30) calendar days (5.11); and an office of the family law facilitator under Family Code § 10000 et seq. (5.12).
California > Fifth Appellate District > Fresno County > Superior Court of California, County of Fresno
RULE 5.9 ADOPTIONS 5.9.1 Stepparent/Domestic Partner Adoptions under Family Code Sections 8500 et seq., 8600 et seq., and 9000 et seq. A. A stepparent desiring to adopt a child of the stepparent’s spouse may for that purpose file a petition in the county in which the petitioner resides. A domestic partner, as defined in Family Code § 297, desiring to adopt a child of his or her domestic partner may for that purpose file a petition in the county in which the petitioner resides. If the other parent does not consent there may be an additional action needed. B. The petitioner or their attorney is responsible for filing the Adoption Request, Adoption Order and Adoption Agreement for each child with the Family Law Examiner’s Office. Once the Adoption Request for each child has been filed, the Court Examiner must immediately send a conformed copy to Family Court Services. C. Family Court Services will notify the petitioner or their attorney by mail to set up an appointment in order to conduct an investigation. D. The following documents must be forwarded to Family Court Services no later than fifteen (15) calendar days from the receipt of notification by Family Court Services: 1. Birth Certificate of the Child (Certified Copy); 2. Birth Certificate of Natural Parent retaining custody of the child; 3. Birth Certificate of the adopting party; 4. Marriage Certificate of Natural Parents (Certified Copy) (if applicable); 5. Marriage Certificate of Natural Parent and Stepparent (Certified Copy) (if applicable); 6. Declaration of Domestic Partnership (Filed Copy) (if applicable); 7. Final Judgment of Dissolution of Natural Parents (Filed Copy) (if applicable); 8. Final Judgment of Dissolution of Domestic Partnership of Natural Parents (Filed Copy) (if applicable); 9. Final Judgment of Dissolution of Marriage of the Adopting Parent (Filed Copy) (if applicable); 10. Final Judgment of Dissolution of Domestic Partnership of Adopting Parent (Filed Copy) (if applicable); 11. Death Certificate of Natural Parent (Certified Copy) (if applicable); and 12. Social History Data Sheet E. In the event that Family Court Services is not provided with the requested documents, no appointment will be scheduled and the court will be notified that Family Court Services cannot proceed with the Stepparent/Domestic Partner adoption. F. Once the investigation has been completed, a copy of the report, whether favorable or unfavorable, shall be given by Family Court Services to the petitioner’s attorney in the proceeding, if the petitioner has an attorney of record, or the petitioner. The original report is submitted to the Family Law Examiner’s Office for filing. G. The court may not set a hearing until after the original report or findings have been filed. Once the court has received the report or findings and all notices have been completed by the petitioner or their attorney, the adoption can be calendared. The petitioner or their attorney must call the Family Law Examiner’s Office to schedule the hearing. H. In the event there is a pending Family Law or Probate proceeding regarding the same children, the parties shall submit a declaration so stating and the proceeding shall be consolidated with the Adoption proceeding. (Effective January 1, 2013; Rule 5.8.1 (now 5.9.1) renumbered effective January 1, 2006; adopted as Rule 37.1 effective July 1, 1992) 5.9.2 Independent Adoptions under Family Code Sections 8500 et seq., 8600 et seq., and 8800 et seq. A. The petitioner(s) or their attorney is responsible for filing Adoption Request, Adoption Expenses, Adoption Order and Adoption Agreement for each child with the Family Law Examiner’s Office. If either parent does not consent there may be an additional action needed. B. The State Department of Social Services is responsible for conducting an investigation and preparing a report and recommendation to the court. Once the investigation has been completed, a copy of the report, whether favorable or unfavorable, shall be given by the State Department of Social Services to the petitioner’s attorney in the proceedings, if the petitioner(s) has an attorney of record, or the petitioner(s). The original report is submitted to the Family Law Examiner’s Office for filing. C. The court may not set a hearing until after the original report and recommendation have been filed. Once the court has received the report and the petitioner(s) or their attorney has completed all notices, the adoption can be calendared. Petitioner(s) or their attorney must call the Family Law Examiner’s Office to schedule the hearing. D. If the petitioner(s) desire to withdraw the petition or dismiss the proceeding or the State Department of Social Services recommends that the petition be denied, the Family Law Examiner’s Office upon receipt of the report from the State Department of Social Services, shall immediately refer it to the court for review. The Court Examiner shall immediately notify the department in Sacramento of the action. Upon receipt of the report or dismissal, the court shall set a date for hearing of the petition and shall give reasonable notice of hearing to the State Department of Social Services, the petitioner’s attorney in the proceeding, if the petitioner(s) has an attorney of record, or the petitioner(s) and if necessary, the birth parents, by certified mail, return receipt requested, to the address of each as shown in the proceedings. E. In the event there is a pending Family Law or Probate proceeding regarding the same children, the parties shall submit a declaration so stating and the proceeding shall be consolidated with the Adoption Proceeding. (Effective January 1, 2013; Rule 5.8.2 (now 5.9.2) renumbered effective January 1, 2006; adopted as Rule 37.2 effective July 1, 1992) 5.9.3 Agency Adoptions under Family Code Sections 8500 et seq., 8600 et seq. and 8700 et seq. A. The petitioner(s), agency representative or their attorney is responsible for filing the Adoption Request, Adoption Expenses, Joinder, Adoption Order and Adoption Agreement for each child with the Family Law Clerk’s Office. Petitioner(s) must cooperate with the licensed adoption agency. If either parent does not consent there may be an additional action needed. B. When the report or findings are submitted to the court by a licensed adoption agency, a copy of the report or findings, whether favorable or unfavorable, shall be given to the petitioner’s attorney in the proceeding, if the petitioner(s) have an attorney of record, or the petitioner(s) by the licensed adoption agency. The original report or findings are submitted to the Family Law Examiner’s Office for filing. C. Once the court has received the report and the petitioner(s), agency representative or their attorney has completed all notices, the adoption can be calendared. The petitioner(s), agency representative or their attorney must call the Family Law Examiner’s Office to schedule the hearing. D. In the event there is a pending Family Law or Probate proceeding regarding the same children, the parties shall submit a declaration so stating and the proceeding shall be consolidated with the Adoption proceeding. (Effective January 1, 2013; Rule 5.8.3 (now 5.9.3) renumbered effective January 1, 2006; adopted as Rule 37.3 effective July 1, 1999) 5.9.4 Intercounty Adoptions Finalized under Family Code Sections 8500 et seq., 8600 et seq. and 8900 et seq. A. Each resident of the State of California, County of Fresno who adopts a child through intercounty adoption that is finalized in a foreign country may readopt the child in this county. B. The petitioner(s), agency representative or their attorney is responsible for filing the Adoption Request, Adoption Expenses, Joinder, Adoption Order and Adoption Agreement for each child with the Family Law Examiner’s Office. The petitioner(s) must cooperate with the agency. If either parent does not consent there may be an additional action needed. C. When the report or findings are submitted to the court by a licensed adoption agency, a copy of the report or findings, whether favorable or unfavorable, shall be given to the petitioner’s attorney in the proceeding, if the petitioner(s) have an attorney of record, or the petitioner(s) by the licensed adoption agency. The original report or findings are submitted to the Family Law Examiner’s Office for filing. D. The court may not set a hearing until after the original report or findings have been filed. Once the court has received the report or findings and all notices have been completed by the petitioner(s) or their attorney, the adoption can be calendared. Petitioner(s), agency representative or their attorney must call the Family Law Examiner’s Office to schedule the hearing. E. If the petitioner(s) desires to withdraw the petition or dismiss the proceeding or the State Department of Social Services or licensed adoption agency recommends that the petition be denied, the Family Law Examiner’s Office upon receipt of the report of the State Department of Social Services or licensed adoption agency shall immediately refer it to the court for review. The Court Examiner shall immediately notify the department in Sacramento of the action. Upon receipt of the report or dismissal, the court shall set a date for hearing of the petition and shall give reasonable notice of hearing to the State Department of Social Services, licensed adoption agency, the petitioner’s attorney in the proceeding, if the petitioner(s) has an attorney of record, or the petitioner(s) and if necessary, the birth parents, by certified mail, return receipt requested, to the address of each as shown in the proceedings. F. In the event there is a pending Family Law or Probate proceeding regarding the same children, the parties shall submit a declaration so stating and the proceeding shall be consolidated with the Adoption proceeding. (Effective January 1, 2013; adopted as Rule 5.8.4 (now 5.9.4) renumbered effective January 1, 2014; adopted as Rule 5.8.4 effective July 1, 2007) 5.9.5 Adoptions of Adults under Family Code Sections 8500 et seq., 8600 et seq. and 9300 et seq. A. An adult or married minor may be adopted by another adult, including a stepparent. B. The petitioner(s) or their attorney is responsible for filing with the Family Law Examiner’s Office for each adoption the Petition for Approval of Adoption Agreement and if applicable, the consent of the spouse. C. A married person, who is not lawfully separated from the person’s spouse, may not adopt an adult without the consent of the spouse, provided the spouse is capable of giving that consent. D. A married person who is not lawfully separated from the person’s spouse, may not be adopted without the consent of the spouse, provided the spouse is capable of giving that consent. E. When the Petition for Approval of Adoption Agreement is filed, the Court Examiner shall set the matter for hearing. The court may require notice of the time and place of the hearing to be served on any interested person and any interested person may appear and object to the proposed adoption. (Effective January 1, 2013; Rule 5.8.5 (now 5.9.5) renumbered effective January 1, 2014; adopted as Rule 5.8.5 effective July 1, 2007) (Rule 5.8 (now 5.9) renumbered effective January 1, 2006; adopted as Rule 37 effective July 1, 1992) RULE 5.10 PARENTAL RIGHTS 5.10.1 Filing of the Petition to Terminate Parental Rights of the Father under Family Code Section 7600 et seq. A. The petitioner(s), agency representative or their attorney is responsible for filing for each parent with the Family Law Clerk’s Office the petition to terminate parental rights of the father and if applicable: a notice of proceeding to be issued by the Court Examiner or an Order Dispensing with Notice. Once the Petition for each parent has been filed, the Court Examiner must immediately send a conformed copy to Family Court Services with the exception of the filing from a licensed adoption agency. B. Family Court Services will notify the petitioner(s) or their attorney by mail to set up an appointment in order to conduct an investigation. C. The following documents must be forwarded to Family Court Services no later than fifteen (15) calendar days from the receipt of notification by Family Court Services: 1. Birth Certificate of the Child (Certified Copy); 2. Birth Certificate of Natural Parent retaining custody of the child; 3. Birth Certificate of the adopting party; 4. Marriage Certificate of Natural Parents (Certified Copy) (if applicable); 5. Marriage Certificate of Natural Parent and Stepparent (Certified Copy) (if applicable); 6. Declaration of Domestic Partnership (Filed Copy) (if applicable); 7. Final Judgment of Dissolution of Natural Parents (Filed Copy) (if applicable); 8. Final Judgment of Dissolution of Domestic Partnership of Natural Parents (Filed Copy) (if applicable); 9. Final Judgment of Dissolution of Marriage of the Adopting Parent (Filed Copy) (if applicable); 10. Final Judgment of Dissolution of Domestic Partnership of Adopting Parent (Filed Copy) (if applicable); 11. Death Certificate of Natural Parent (Certified Copy) (if applicable); and 12. Social History Data Sheet D. In the event that Family Court Services is not provided with the requested documents, no appointment will be scheduled and the court will be notified that Family Court Services cannot proceed with the Investigation Report. E. Once the investigation has been completed, a copy of the report, whether favorable or unfavorable, shall be given to the petitioner’s attorney in the proceeding. If the petitioner(s) has an attorney of record, or the petitioner(s) by Family Court Services. The original report is submitted to the Family Law Clerk’s Office for filing. F. In the event there is a pending Family Law or Probate proceeding regarding the same children, the parties shall submit a declaration so stating and the proceeding shall be consolidated with the Termination proceeding. (Effective July 1, 2007; Rule 5.9.1 (now 5.10.1) renumbered effective January 1, 2014; adopted as Rule 5.9.1 effective January 1, 2006) 5.10.2 Filing of the Petition for Declaration of Freedom from Parental Custody and Control under Family Code Section 7800 et seq. A. A proceeding may be brought under this part for that purpose of having a minor child declared free from the custody and control of either or both parents. B. The petitioner(s), agency representative or their attorney is responsible for filing for each parent with the Family Law Clerk’s Office the petition for Declaration of Freedom from Parental Custody and Control and a Citation to be issued by the Court Examiner. Once the Petition for each parent has been filed, the Court Examiner must immediately send a conformed copy to Family Court Services with the exception of the filing from a licensed adoption agency. C. Family Court Services will notify the petitioner(s) or their attorney by mail to set up an appointment in order to conduct an investigation. D. The following documents must be forwarded to Family Court Services no later than fifteen (15) calendar days from the receipt of notification by Family Court Services: 1. Birth Certificate of the Child (Certified Copy); 2. Birth Certificate of Natural Parent retaining custody of the child; 3. Birth Certificate of the adopting party; 4. Marriage Certificate of Natural Parents (Certified Copy) (if applicable); 5. Marriage Certificate of Natural Parent and Stepparent (Certified Copy) (if applicable); 6. Declaration of Domestic Partnership (Filed Copy) (if applicable); 7. Final Judgment of Dissolution of Natural Parents (Filed Copy) (if applicable); 8. Final Judgment of Dissolution of Domestic Partnership of Natural Parents (Filed Copy) (if applicable); 9. Final Judgment of Dissolution of Marriage of the Adopting Parent (Filed Copy) (if applicable); 10. Final Judgment of Dissolution of Domestic Partnership of Adopting Parent (Filed Copy) (if applicable); 11. Death Certificate of Natural Parent (Certified Copy) (if applicable); 12. Social History Data Sheet E. In the event that Family Court Services is not provided with the requested documents, no appointment will be scheduled and the court will be notified that Family Court Services cannot proceed with the Investigation Report. F. Once the investigation has been completed, a copy of the report, whether favorable or unfavorable, shall be given by Family Court Services to the petitioner’s attorney in the proceeding, if the petitioner(s) has an attorney of record, or the petitioner(s). The original report is submitted to the Family Law Clerk’s Office for filing. G. In the event there is a pending Family Law or Probate proceeding regarding the same children, the parties shall submit a declaration so stating and the proceeding shall be consolidated with the Petition for Declaration of Freedom from Parental Custody and Control proceeding. (Effective July 1, 2007; Rule 5.9.2 (now 5.10.2 renumbered effective January 1, 2014; adopted as Rule 5.9.2 effective January 1, 2007) (Rule 5.9 (now 5.10) Adopted effective January 1, 2006) RULE 5.11 ARBITRATION The Court may require the parties to submit to arbitration, when applicable. The provisions set forth in the California Rules of Court shall be followed except: 1. When no request for compliance is filed within ten (10) calendar days after any case is ordered to arbitration, the provisions thereof are deemed waived and the administrator shall select an arbitrator at random from the panel of arbitrators. The arbitrator may appoint a specific arbitrator upon stipulation of all parties at any time prior to the selection of an arbitrator. 2. With the consent of the arbitrator, the parties may stipulate to one (1) continuance, not to exceed thirty (30) calendar days. Any further requests for continuance shall be made by motion before the Judicial Officer. (Rule 5.10 (now 5.11) renumbered effective January 1, 2014; adopted as Rule 38 effective July 1, 1992) RULE 5.12 THE FAMILY LAW FACILITATOR A. Pursuant to Family Code § 10000 et seq., the Fresno County Superior Court shall maintain an office of the family law facilitator. Services provided by the family law facilitator shall include, but are not limited to those set out in Family Code §10004. B. Provided they have adequate staffing, time, funding, and available resources, the Family Law Facilitator may provide and perform any additional duties as directed by the Presiding Judge of the Family Law Department pursuant to Family Code § 10005. (Rule 5.11 (now 5.12) renumbered effective January 1, 2014; adopted as Rule 39 effective July 1, 1998) (Chapter 5 amended effective January 1, 2006; adopted as Rule V effective July 1, 1992)
RULE 5.9 ADOPTIONS 5.9.1 Stepparent/Domestic Partner Adoptions under Family Code Sections 8500 et seq., 8600 et seq., and 9000 et seq. A. A stepparent desiring to adopt a child of the stepparent’s spouse may for that purpose file a petition in the county in which the petitioner resides. A domestic partner, as defined in Family Code § 297, desiring to adopt a child of his or her domestic partner ma
Reviewer note: Composed 2026-10-14 (California T4 Fresno build 2026-10-14) from BenchPath custody ca/t4/ca-fresno/docs/local-rules/july-2026-master-printing-document.pdf (the court's rule book, its cover “LOCAL RULES FOR THE SUPERIOR COURT OF CALIFORNIA COUNTY OF FRESNO July 1, 2026 Publication”, as fetched 2026-10-14; 4584754 bytes, sha256 51525184531d88ffbf21b6b2decfa0c7616c04af7f0b0832eb7bd75d0552fb65; 260 pages; this part PDF pages 131 to 140, printed pages 5-27 to 5-36) with the shared verbatim composer (v2 reflow): the rules and Appendix A1 (PDF pages 19 to 219) composed as one text and cut at the chapter headings (“CHAPTER 1. ADMINISTRATIVE RULES” to “CHAPTER 7. PROBATE RULES”) and, in Chapters 2, 5, 6 and 7, at rule headings (“RULE 2.5 MANDATORY SETTLEMENT CONFERENCE”, “RULE 2.11”, “RULE 5.5”, “RULE 5.9”, “RULE 6.3”, “RULE 6.5”, “RULE 6.8”, “RULE 7.15”) and at “APPENDIX A: CIVIL”, each matched once as a whole line; every page's running header (“FRESNO COUNTY SUPERIOR COURT”) and its footer - the chapter's name (“Administrative Rules” to “Probate Rules”, “Appendix”) and the printed page number (“1-1”, “A-1”) - named and removed as chrome, with the mark “THIS PAGE INTENTIONALLY LEFT BLANK.” of five blank pages (PDF 36, 68, 86, 140 and 194) - 608 chrome lines; lines reflowed into the rules' paragraphs, each rule's heading, sub-rule number, lettered or numbered subdivision and history line starting a line; the section number “300” printed alone at the top of PDF page 160 (in Rule 6.3.7's heading) kept by the composer's top-band option; the strike report (review/strike-report-2026-10-14.txt) finds one struck run, of spaces only, on PDF page 185 - no struck character; 49 whitespace-only fixes (build/book-fixes.json: 36 line breaks the reflow or a page break left inside a sentence or a rule reference, rejoined; 9 runs of printed lines or table rows the reflow ran together, split - among them Rule 7.9's newspapers and the first rows of Appendix A1's schedule; 4 form numbers the line ends broke, closed up - “MC-355”, “RA-010”, “JV-505” and “TR1-55”); the vertical-gap, short-line, page-break, false-break and structural-break audits (review/book-gap-audit-2026-10-14.txt, review/book-short-lines-2026-10-14.txt and review/book-extra-audits-2026-10-14.txt) list candidates read one by one (build/book_fixes.py) - the rest kept as printed; the book's own text kept as printed (“form TR1-55”, “8.60 through 8.880”, Rule 6.7.2's subdivisions A, C and D); proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover and its back (PDF pages 1 and 2), the table of contents and list of effective rules (3 to 18), the index (229 to 238) and the templates and forms listing (239 to 260) belong to no card; Appendices B1 to F1 (220 to 228) are decided in the document catalog.
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.