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Chapter 6, Rules 6.1 and 6.2 (General Provisions, and Confidentiality): these Juvenile Rules apply to matters heard in Juvenile Court, except juvenile traffic hearings, and juvenile justice actions were formerly called “delinquency” actions (6.1.1); one Presiding Judge of the Juvenile Court, selected by the Presiding Judge of the Superior Court, and a Supervising Judge of both the dependency and juvenile justice actions (6.1.2 to 6.1.4); cases assigned on a direct calendar system for all purposes (6.1.5); remote proceedings by Zoom, confidentiality maintained, a party appearing remotely at 8:00 a.m. available until 12:00 p.m. and at 1:00 p.m. until 4:30 p.m., the camera turned on, the court's discretion to require an in-person appearance, dependency parties authorized to appear remotely without filing a notice, trials and evidentiary hearings in person unless otherwise ordered, a request to compel physical presence no later than three (3) court days before the hearing, and juvenile justice hearings presumptively in person (6.1.7); Juvenile Court records confidential, disclosed only by an order of the Juvenile Court under Welfare & Institutions Code § 827 and California Rules of Court, rule 5.552, unless otherwise authorized, juvenile records that cannot be obtained by civil or criminal subpoena, the listed agencies that may share records not otherwise confidential, and the petition procedure, the Request for Disclosure of Juvenile Case File (Judicial Council form JV-570) served on all parties after good faith efforts to meet and confer (6.2.1); juvenile proceedings closed to the public unless the courtroom judicial officer grants access, a non-party's request filed at the Juvenile Court Clerk's Office (6.2.3); the Consul's right to appear for a citizen of a foreign nation (6.2.4); and juvenile records given to court approved evaluators and experts, who shall destroy or return them within 7 days upon the completion of the case (6.2.5).
California > Fifth Appellate District > Fresno County > Superior Court of California, County of Fresno
CHAPTER 6. JUVENILE RULES RULE 6.1 GENERAL PROVISIONS 6.1.1 Authority These Juvenile Rules apply to matters heard in Juvenile Court, with the exception of juvenile traffic hearings and juvenile traffic hearing appeals. The Juvenile Court hears both dependency and juvenile justice actions. Juvenile justice actions were formerly called “delinquency” actions. All references to Juvenile Delinquency Court, Delinquency judicial officers, delinquency, juvenile delinquency, and delinquency actions, cases, calendars, or matters shall now be referred to as Juvenile Justice Court, Juvenile Justice judicial officers, juvenile justice, and juvenile justice actions, cases, calendars, or matters. (Effective January 1, 2021; Rule 6.1.1 renumbered effective January 1, 2006; adopted as Rule 50.1 effective January 1, 1999) 6.1.2 Presiding Judge of the Juvenile Court There shall be one Presiding Judge of the Juvenile Court. The Presiding Judge of the Juvenile Court shall be selected by the Presiding Judge of the Superior Court. The Presiding Judge of the Juvenile Court shall have the powers granted to and obligations imposed by law on the “Presiding Judge of the Juvenile Court”, as such is used in California statute, case law and regulations. To the extent possible, the Presiding Judge of the Juvenile Court shall remain in that position for at least three years. (Effective January 1, 2021; Rule 6.1.2 renumbered effective January 1, 2006; adopted as Rule 50.2 effective January 1, 1999) 6.1.3 Supervising Judge in the Juvenile Court There shall be a Supervising Judge of both the dependency and juvenile justice actions in the Juvenile Court. The Presiding Judge of the Juvenile Court will be the Supervising Judge of either the dependency or the juvenile justice calendars. (Effective January 1, 2021, New) 6.1.4 Juvenile Court Committees The Presiding Judge of the Juvenile Court may authorize and establish such informal committees related to Juvenile Court work and activities as they deem appropriate. Membership on such committees shall be as determined by the Presiding Judge of the Juvenile Court. The Presiding Judge of the Juvenile Court shall be the Chair of the Fresno County Interagency Council for Children and Families, assist in the selection of members to the Juvenile Justice Commission and select the Court’s appointment of a board member to the EOC Board of Directors. The Supervising Judge of the Juvenile Dependency Court shall be the superior court judge to whom CASA is accountable as required by Welfare & Institutions Code § 201, et seq. (Effective January 1, 2021; Rule 6.1.3 (now 6.1.4) renumbered effective January 1, 2006; adopted as Rule 50.3 effective January 1, 1999) 6.1.5 Assignment of Juvenile Court Cases It is the policy of the Juvenile Court to have all matters heard by a judicial officer assigned to the Juvenile Court to the extent possible. Juvenile Court cases are assigned on a direct calendar system. Cases are assigned to a particular judicial officer based on a number system. Once a case is assigned to a particular judicial officer it is assigned for all purposes and will remain with that judicial officer until the termination of jurisdiction, unless otherwise ordered. (Effective January 1, 2022; Rule 6.1.4 (now 6.1.5) renumbered effective January 1, 2006; adopted as Rule 50.4 effective January 1, 1999) 6.1.6 Abbreviations Abbreviations used in these Juvenile Law Rules are defined in Appendix D-1. (Effective July 1, 2012; Rule 6.1.8 (now 6.1.6) renumbered effective July 1, 2012; adopted as Rule 6.1.8 effective January 1, 2007) 6.1.7 Remote Proceedings in Juvenile Court Cases A. General Rules for Juvenile Court Remote Appearances. 1. The court uses the Zoom application to conduct remote proceedings. Parties and witnesses must use Zoom to participate in juvenile court proceedings via remote technology. Instructions for using Zoom to participate in juvenile proceedings can be found on the Fresno Superior Court Website, Juvenile Division. 2. All statutory confidentiality requirements applicable to a juvenile proceeding held in person apply equally to a remote proceeding. All parties and witnesses who participate remotely shall ensure that confidentiality is maintained. You may not share or discuss the information, or any reports, you receive with anyone who is not a party to the case. Violations of confidentiality may result in sanctions and/or be punishable by law. 3. If a party’s hearing or proceeding is scheduled at 8:00 a.m. and that party is appearing remotely, that party must be available from 8:00 a.m. until 12:00 p.m. or until the party’s hearing or proceeding is concluded. If a party’s hearing or proceeding is scheduled at 1:00 p.m. and that party is appearing remotely, that party must be available from 1:00 p.m. until 4:30 p.m. or until the party’s hearing or proceeding is concluded. Failure to comply with this rule may result in the court proceeding with the hearing or proceeding as if the party failed to appear. B. Requirements for Remote Appearances. 1. A person appearing remotely must: a. Have sufficient internet speed and/or telephone connectivity to fully participate in all aspects of the hearing without disruption. b. Have the ability to clearly communicate with the court and all other participants at the hearing through a cell phone, microphone, headset or other similar device enabling a clear audio stream. c. If appearing by video, have a device capable of capturing and displaying a clear video stream. d. Have an indoor location with limited background noise that the person can use for the entire hearing. e. Ensure there are no interruptions or distractions for the duration of their appearance at the hearing. No other individual, except persons authorized to be present at the juvenile hearing, may appear with the participant or be heard during the hearing without prior court approval. f. Conduct themselves as if they were appearing in court in person. Those appearing remotely must observe the same degree of courtesy, decorum, and courtroom etiquette as required for an in-person appearance, including be appropriately dressed. Attorneys must appear in professional business attire. Attorneys shall abide by rules of professional responsibility and Rule 1.1.8. g. Comply with California Rules of Court, rule 1.150 and Rule 1.1.17, by not recording, photographing, capturing an image of, or broadcasting any part of or any participant to a remote proceeding in any manner. h. Comply with any other instructions for remote appearances given by the judicial officer. 2. The court may reschedule or continue a remote proceeding if the requirements listed above in (B)(1) are not satisfied or if a distraction or disturbance interferes with the hearing. 3. Unless approved by the court, participants must appear with their camera turned on when appearing by video. If a participant has security concerns about appearing on camera, this concern should be brought to the court’s attention prior to the hearing. C. Court Discretion to Require In-Person Appearance. Notwithstanding the other provisions of this rule and the availability of remote technology, the court may, in its discretion, consistent with Code of Civil Procedure section 367.75: 1. Require a party, attorney, or other participant to appear at any hearing in person; or 2. On its own motion, conclude a remote proceeding and require a party or attorney to appear in person at a subsequent or continued hearing. D. Remote Proceedings in Juvenile Dependency Cases. 1. Parties, attorneys and other persons entitled to be present at a juvenile dependency hearing are authorized to appear in-person or remotely unless the court requires an in-person appearance. It is not necessary for a party or attorney to file a NOTICE OF REMOTE APPEARANCE (RA-025) before making a remote appearance. 2. Any party may request the court compel the physical presence of any other party or witness at a specific hearing. Such a request must be made in writing as well as filed and served no later than three (3) court days prior to the hearing that is the subject of the request. [The RA-030 form may be used for this request.] 3. All trials and evidentiary hearings shall be conducted in person, unless otherwise ordered by the assigned judicial officer. a. When setting an evidentiary hearing or trial, parties should discuss if the matter will proceed in person or remotely and confirm their request at the Pre-trial settlement conference. b. If the court determines that the matter will proceed remotely, in whole or in part, at the Pre-Trial Conference, the parties shall discuss whether remote testimony is agreed upon for any witness. c. The court may grant leave for a witness to appear remotely when stipulated by all parties. 1) A request for a witness to appear remotely with the consent of all parties must be made in writing no later than five (5) court days before the hearing. It is the burden of the party proffering the witness to file the request or present the stipulation and to certify that all parties consent to the remote testimony. 2) If a party opposes remote testimony by a witness, that party may seek to compel the physical presence of the witness by following the procedures in paragraph D(2) above. d. Unless otherwise ordered by the court, a witness appearing remotely must provide their testimony by audio and video technology. Witnesses must be inside, seated in a position where no other individual can see or hear the proceedings, with reliable technology that allows the court to observe their face without obstruction. Video and audio must remain on during the entirety of testimony. Witnesses may not use other devices such as cell phones or computers during their testimony without court permission. e. The court may require any person to appear in person if the court determines that: 1) One or more of the factors listed in B(1), including the person’s limited access to technology, requires the person’s physical presence; 2) The court cannot ensure that the person’s remote appearance will have the privacy and security necessary to preserve the confidentiality of the proceedings; or 3) A remote appearance by the person is likely to cause undue prejudice to a party. E. Tribal Appearances. In any proceeding governed by the Indian Child Welfare Act involving an Indian Child, the child’s tribe may appear by any means described in California Rules of Court, rule 5.482(g). F. Juvenile Justice Cases. 1. All juvenile justice hearings will presumptively be held in person unless the court orders the proceeding to be held remotely or grants leave for a participant to appear remotely. 2. All parties to a juvenile justice case may agree to a remote proceeding through a written stipulation filed with the court or through an oral stipulation made at a hearing. The court may accept or reject the stipulation. 3. Proceedings other than an evidentiary hearing or trial. At the initial/first appearance, parties are to state on the record whether they intend to appear remotely for the duration of the case unless the court orders the party to appear in person. [It is not necessary for a party or attorney to file a NOTICE OF REMOTE APPEARANCE (RA-10) before making a remote appearance.] 4. Any party may request the court disallow a remote appearance or testimony of any other party at a specific hearing. Such a request must be made in writing as well as filed and served no later than three (3) court days prior to the hearing that is the subject of the request. [The RA-015 form may be used for this request.] 5. All trials and evidentiary hearings shall be conducted in person, unless otherwise ordered by the assigned judicial officer. The court may grant leave for a witness to appear remotely when stipulated by all parties. a. If a witness or anyone providing testimony intends to appear remotely at an evidentiary hearing or trial, then, at least five (5) court days before the first day of that hearing/trial, the party calling that witness must: 1) File and serve on all other parties a NOTICE OF REMOTE APPEARANCE (form RA-010); and 2) Deliver a courtesy copy of that form as well as a proposed ORDER REGARDING REMOTE APPEARANCE (form RA-020) to the clerk of the department in which that hearing will be held. b. A party may request that the court disallow a remote appearance or remote testimony by filing Judicial Council of California form RA-015, OPPOSITION TO REMOTE PROCEEDING AT EVIDENTIARY HEARING OR TRIAL/ADJUDICATION, at least three (3) court days before the remote proceeding. c. Unless otherwise ordered by the court, a witness appearing remotely must provide their testimony by audio and video technology. Witnesses must be inside, seated in a position where no other individual can see or hear the proceedings, with reliable technology that allows the court to observe their face without obstruction. Video and audio must remain on during the entirety of testimony. Witnesses may not use other devices such as cell phones or computers during their testimony without court permission. d. The court may require any person to appear in person if the court determines that: 1) One or more of the factors listed in B(1), including the person’s limited access to technology, requires the person’s physical presence; 2) The court cannot ensure that the person’s remote appearance will have the privacy and security necessary to preserve the confidentiality of the proceedings; or 3) A remote appearance by the person is likely to cause undue prejudice to a party. (Effective September 15, 2022, New) (Rule 6.1 renumbered effective January 1, 2006; adopted as Rule 50 effective July 1, 1992) RULE 6.2 CONFIDENTIALITY 6.2.1 Release of Information Relating to Juveniles A. Application of Rule. Juvenile Court records are confidential. In accordance with Welfare & Institutions Code §§ 827 and 828, California Rules of Court, rule 5.552, and case law, disclosure and use of juvenile records shall be governed by this rule. 1. Definitions. a. “Juvenile records and information” as used in this rule means any of the following: 1) Any document or record filed in any Juvenile Court proceeding, 2) Any document, record or information concerning a minor made available to the probation officer, DSS, GAL or CASA in preparing a report to the Juvenile Court; and 3) Any probation department, DSS, CASA, or state or local law enforcement document, record or information relating to a juvenile contact, or to a hold or arrest of a juvenile, even if Juvenile Court proceedings have not been instituted. b. “Otherwise confidential” refers to records, which are also confidential under one or more other statutes (including, but not limited to, Civil Code § 56, et seq.; Welfare & Institutions Code §§ 5328, Penal Code §§ 11143, 11167, 13300; Government Code § 6254; Health & Safety Code §§ 10850, 11977, 120980). Note: Such records may not be shared with other agencies or individuals without the consent of the record holder or a court order. 2. Nothing in this rule is intended to limit the exchange of information and documents as provided by Penal Code § 11166 et seq. 3. Persons or agencies receiving records or information pursuant to this rule shall not disclose such records or information to another person or agency unless such disclosure is authorized by the Juvenile Court or this rule. B. Release of Documents. 1. Juvenile records and information cannot be obtained by civil or criminal subpoena. Unless otherwise authorized by law, juvenile records and information may be disclosed only by an order of the Juvenile Court as provided for by Welfare & Institutions Code § 827 and California Rules of Court, rule 5.552, except as subdivisions (d) and (e) of rule 5.552 are modified herein. For good cause shown, and compelling reasons, if a petition pursuant to § 827 seeks juvenile records and information for a court proceeding pending before a regularly sitting judge of the Superior Court of Fresno County, that judge shall be deemed to be a judge of the Juvenile Court, for purposes of applying this rule. Any order made by such a judge shall be filed with the Juvenile Court. 2. Once a petition to declare a person a dependent child or ward of the Juvenile Court has been filed, juvenile records and information, unless otherwise confidential, may be released without a court order to authorized Juvenile Court personnel, including judicial officers and the Clerk, and to those persons or agencies designated by Welfare & Institutions Code §§ 827 and 828. 3. If access to juvenile records and information is necessary and relevant in connection with, or in the course of, a civil or criminal investigation, a proceeding brought to declare a person a dependent child or ward of the Juvenile Court, or a proceeding involving custody, visitation, adoption, guardianship, conservatorship, emancipation, or domestic violence, the agencies listed below or their duly authorized representatives may share with any of the other listed agencies and their authorized representatives such records and information, not otherwise confidential, as the holder of the records and information deems to be appropriate and in the best interest of the minor. An agency or its authorized representative may petition the Juvenile Court for disclosure of any records or information not so disclosed. a. City Attorney offices; b. Coroner offices; c. Child Protective Services; d. County Counsel offices; e. Probation departments (including their Victim/Witness Assistance programs); f. District Attorney offices; g. Family Court Services; h. Persons or agencies specified in Penal Code § 11167.5(b); i. Federal, state or local law enforcement agencies; j. Superior Court judicial officers and their immediate court personnel; 4. The Court recognizes that certain agencies need to inspect juvenile court records to accomplish the legitimate goals of the juvenile justice system. Such goals include the need to adequately evaluate an individual minor's background in order to develop a treatment plan, or the need to audit any part of the juvenile justice system to evaluate its operation. To that end, the agencies listed in rule 6.7.1(B)(3) above may disclose juvenile records, not otherwise confidential, to the following agencies upon providing the agency holding the juvenile records a declaration under penalty of perjury setting forth the need: a. County Mental Health departments; b. Department of Motor Vehicles; c. Federal, state, county and city auditors; d. Public guardian offices; and e. Other agencies as authorized in writing by the Presiding Judge of the Juvenile Court, for good cause shown. 5. Law enforcement agencies may disclose to a minor’s parent(s) or legal guardian(s), and DSS or County Probation may disclose to a foster parent caring for a minor, such juvenile records of the minor, not otherwise confidential, as the agency deems appropriate and in the best interest of the minor. 6. Mental health records and information of a juvenile may be disclosed to the extent authorized by Welfare & Institutions Code § 5328 (e.g., written parental consent) or 18961 (“multi-disciplinary personnel teams”). 7. Law enforcement agencies may disclose information, which is not otherwise confidential, from police reports written by officers of the agency concerning traffic accidents (excluding any driving record report) or incidents of criminal acts alleged to have involved one or more juveniles, to a person or entity (or its authorized representative) who was damaged by the accident or who was a victim of the crime. The information is to be released only for purposes of assisting the person or entity in obtaining reimbursement for injuries or damages caused by the conduct of the minor(s). The person to whom the information is released shall agree in writing that the person will not disclose any of the information released to him or her to anyone other than the person’s attorney, insurance adjuster, or one legally representing the person’s or entity’s interest in recovering damages resulting from the incident. The person to whom the information is released shall also agree in writing that the information will be used for no purpose other than as stated above. Any document released pursuant to this paragraph shall be clearly marked “CONFIDENTIAL.” It shall state that it is being provided pursuant to this rule, and that any distribution or use other than as allowed herein is a violation of this rule and that the violator may be subject to sanctions. Notwithstanding this rule, if the information identifying any juveniles is deleted, traffic accident reports may also be released to any state or local engineering department for use in the normal scope of the department’s duties. 8. Nothing in this rule shall be used to limit disclosure of information as authorized by Welfare & Institutions Code §§ 627, 828, and 829. Additionally, the Fresno County Probation Department is authorized to inspect and utilize those records specified in Welfare & Institutions Code § 504 relating to serious habitual offenders. 9. The documents referenced below may be released to those agencies or individuals as specified herein. a. DSS is authorized to disclose to the parties and their actual or prospective counsel at a dependency court detention hearing such documents as DSS deems to be appropriate as part of its prima facie statement including, but not limited to, the identity of all persons who reported any allegation of child abuse or neglect (see Penal Code § 11167(d)). If DSS chooses to delete the identification of the reporting party or parties, and a party to the dependency proceeding wants the identification disclosed, then that party may request that the Court order such disclosure. The Court shall not issue such an order except for good cause shown and only after an in camera review with DSS and/or its attorney of record having an opportunity to be heard. b. In cases where a minor who has been taken into custody by DSS is abducted, then DSS may provide to the prosecuting authority the following documents and information: 1) Copies of any law enforcement reports which brought the matter to the attention of DSS; 2) Copies of the juvenile dependency petition concerning that minor; 3) Copies of all minute orders or other court orders which show the Juvenile Court’s jurisdiction over the minor, any knowledge of this jurisdiction by the suspected child abductor(s), and/or any appearance before the Court by the suspected child abductor(s); 4) Copies of any warrants or body attachments for the child or suspected child abductor(s); 5) Any addresses, telephone numbers, or other identifying information which could assist the District Attorney’s office in locating the child or suspected child abductor(s). c. Whenever a law enforcement agency has prepared a report referencing one or more juveniles involved in an incident related to school activity or attendance that occurred at any time within the scope of Education Code § 48900, the agency may release that report to a school official or other person authorized to act on behalf of the school, provided that the requesting person declares under penalty of perjury that the information in the report will be used exclusively for purposes of possible suspension, expulsion, or other disciplinary action against one or more minors referenced in the report and/or for seeking restitution under Education Code § 48904. d. Whenever a juvenile has been assessed a fine or otherwise has been ordered by the Juvenile Court or Juvenile Court Traffic hearing officer to pay monies to the County, the Court is authorized to enter into the Case Management System Odyssey the name, address, telephone number, social security number, case number, amount ordered to be paid, and such other information as is reasonably necessary for the Court and/or the Revenue Collections Unit (RCU) of the Auditor-Controller/Treasurer-Tax Collector's Office for the collection of said monies. The Court shall take reasonable steps to limit access to this information in Odyssey to court and RCU personnel. 10. The Court recognizes that state prosecutors need to inspect and disclose certain juvenile court records as necessary to plead and prove prior qualifying juvenile adjudications within the meaning of Penal Code § 667 (commonly known as “Three Strikes”). To that end, a District Attorney of any county of the State of California, or the Attorney General of the State of California, and their agents and employees, are entitled to access any and all juvenile court records not previously ordered sealed pursuant to Welfare & Institutions Code § 781, related to a prior qualifying juvenile adjudication within the meaning of Penal Code § 667(d)(3). The District Attorney, Attorney General and their agents and employees are permitted to disclose, without further order of this court, so much of such records as is necessary to plead and prove an accusatory pleading pursuant to Penal Code § 667. The enactment of Penal Code § 667 constitutes good cause to retain records of juvenile adjudications qualifying under that statute. No such juvenile records shall be routinely destroyed as provided in Welfare & Institutions Code §§ 781(d) and 826(a). Nothing in this rule is intended to limit the right of the person who is the subject of a juvenile court record to petition the Court for the destruction of such records. C. Petition Procedure. Anyone seeking to inspect, copy or obtain juvenile records or juvenile case file information or testimony relating thereto, not otherwise specifically provided for by this rule, shall comply with the following requirements: 1. Juvenile records or information possessed by the Department of Social Services (DSS) or pertaining to a dependent of the Court: a. Before filing the petition, petitioner shall contact Fresno County Counsel and provide the name and date of birth of the minor, and the nature of the records or information sought. b. Fresno County Counsel will obtain from DSS information identifying parties and attorneys, and their addresses for notice. In those cases where there is, or has been, a juvenile court case, the attorneys appointed to represent the parties in that case shall be identified to petitioner. c. Fresno County Counsel shall provide this information to petitioner, as well as a preliminary indication as to whether there will be opposition by DSS to the petition for disclosure. d. Petitioner shall serve all parties and attorneys with a copy of the completed Request for Disclosure of Juvenile Case File (Judicial Council form JV-570). Forms are available in the Juvenile Dependency Clerk’s Office and on the Judicial Council website at www.courts.ca.gov. e. Before filing the petition, petitioner shall make good faith efforts to meet and confer with all parties for the purpose of obtaining a signed stipulation regarding release of the records or information, including any limitations on scope or content of the release. See sample stipulation in Appendix D3. f. If all parties sign a stipulation, petitioner shall file the petition and signed stipulation with the Juvenile Dependency Court, and serve them upon all parties. The Court shall review and consider the petition and stipulation and shall grant or deny the petition, or order the matter to be set for hearing. g. If a stipulation is not signed by all parties, petitioner shall file the petition with the Juvenile Court, along with a declaration setting forth petitioner’s efforts to meet and confer with all parties and the reason or reasons that a stipulation could not be obtained, and serve them upon all parties. The Court shall review and consider the petition and declaration and shall grant or deny the petition, or order the matter to be set for hearing. 2. Juvenile records or information possessed by the Probation Department or local law enforcement agencies: a. Petitioner shall complete an Application to Inspect and/or Copy Juvenile Case File (Fresno Superior Court form #PJV-20) and submit to the Court. Form is available in the Juvenile Delinquency Clerk’s Office or at www.fresno.courts.ca.gov. b. If the application is denied, the petitioner may elect to file a Request for Disclosure of the Juvenile Case File (Judicial Council form #JV-570). Forms are available in the Juvenile Delinquency Clerk’s Office and on the Judicial Council website at www.court.ca.gov. c. If filing the JV-570, the following is required: 1) Petitioner shall serve the affected juvenile, or the juvenile’s attorney, if known; and 2) The local law enforcement agency with a copy of the completed Request for Disclosure of Juvenile Case File (Judicial Council form #JV-570). d. Before filing the petition, petitioner shall make good faith efforts to meet and confer with all parties for the purpose of obtaining a signed stipulation regarding release of the records or information, including any limitations on scope of content of the release. See sample stipulation in Appendix D3. e. If all parties sign a stipulation, petitioner shall file the petition and signed stipulation with the Juvenile Delinquency Court, and serve them upon all parties. The Court shall review and consider the petition and stipulation and shall grant or deny the petition, or order the matter to be set for hearing. f. If a stipulation is not signed by all parties, petitioner shall file the petition with the Juvenile Delinquency Court, along with a declaration setting forth petitioner’s efforts to meet and confer with all parties and the reason or reasons that a stipulation could not be obtained, and serve them upon all parties. The Court shall review and consider the petition and declaration and shall grant or deny the petition, or order the matter to be set for hearing. 3. Upon an order that a hearing be held, the Clerk shall set the hearing within ten (10) court days and cause notice to be served upon all parties, as provided for in California Rules of Court, rule 5.552. 4. Responsive pleadings shall be filed and served no later than two (2) court days prior to the hearing. (Effective July 1, 2016; Rule 6.7.1 (now 6.2.1) renumbered effective January 1, 2006; adopted as Rule 56.1 effective July 1, 1999) 6.2.2 Release of Records to Parties and Their Attorneys Repealed. (Effective January 1, 2022; Rule 6.7.2 (now 6.2.2) renumbered effective January 1, 2006; adopted as Rule 56.2 effective January 1, 1999) 6.2.3 Public and Media Access A. Juvenile proceedings are closed to the public unless the courtroom judicial officer grants access to the proceedings in accordance with Welfare and Institutions Code §§ 346 and 676. B. The Court considers it essential in the administration of the juvenile calendars to enforce and protect the confidential nature of the proceedings as prescribed by Welfare and Institutions Code §§ 346 and 676.e with either Welfare & Institutions Code § 346 or 676. 1. Request by a Party. A party who wishes to have a non-party admitted to the courtroom for a hearing must make an oral request to the court for such admission prior to or during the hearing. If the request is granted, the Court shall admonish the non-party that the proceedings are confidential. 2. Request by a Non-Party. A person who is not a party to a matter being heard before the court and who desires to be admitted to the hearing must obtain a Court order granting admission to the hearing from a Judge of the Juvenile Court. The request shall be filed at the Juvenile Court Clerk’s Office as follows: a. Requests pertaining to Juvenile Justice youth shall be filed at: Juvenile Justice Court 3333 E. American Ave., Bldg. 701, Ste. A Fresno, CA 93725 b. Requests pertaining to Juvenile Dependency youth shall be filed at: Juvenile Dependency Court 1100 Van Ness Ave., Rm. 200 Fresno, CA 93724 The Judicial Officer assigned to the proceeding shall rule on the request. If no judicial officer has been assigned, the request shall be submitted to the Presiding Judge of the Juvenile Court, and thereafter ruled upon by the judicial officer assigned to the proceeding. The court clerk shall promptly notify the parties that a request has been filed. The Court may hold a hearing on the request or rule on the request without a hearing. If the request is granted, the Court shall admonish the non-party that the proceedings are confidential. This rule does not apply to hearings concerning offenses listed in Welfare and Institutions Code § 676(a). C. All parties who observe a juvenile case in which they are not directly involved, including attorneys, probation officers, social workers and CASAs, are bound by the privacy and confidentiality rules governing juvenile proceedings, and may not share or disclose to anyone anything seen or heard in court to anyone except if the proceeding is open to the public pursuant to Welfare and Institutions § 676(a). D. The Court may, in its discretion, exclude any person who violates any of these provisions from future hearings in which that person is not appearing. E. Media and Photographing, Recording, and Broadcasting in Court. All individuals shall comply with Fresno County Superior Court Local Rule 1.1.17. (Effective January 1, 2022; adopted as Rule 6.2.3 effective July 1, 2012) 6.2.4 Appearance by Consular Representative In cases where a parent or minor is a citizen of a foreign nation, the Consul or representative of the Consul of that nation shall have the right to appear and participate in the court proceedings to the extent such is provided for by international agreement to which the United States is a signatory. (Effective January 1, 2007, Rule 6.2.22 renumbered effective January 1, 2006; adopted as Rule 51.22 effective January 1, 1996) 6.2.5 Release of Juvenile Court Reports and Record to Mental Health Evaluators, Experts Retained by Counsel or Experts Appointed by the Juvenile Court Where the Juvenile Court has ordered a mental health or psychological evaluation of a party, the Court approved evaluator shall be given access to the Juvenile Court’s file, unless the Court makes a specific order to the contrary in the referral. When appointed or retained counsel for a party in a juvenile justice or juvenile dependency proceeding contracts with a private agency or individual to provide expert services pursuant to a contract on behalf of a party in a juvenile proceeding, the contracted expert may be given access to, and copies of, the attorney’s file for the limited purposes of conducting its evaluation, and preparing a report for use in the juvenile proceeding without filing a Welfare and Institutions Code section 827 petition. Upon the completion of the case, any expert or agency who receives juvenile records shall destroy the records, or immediately return them to the attorney or court who provided them within 7 days. The juvenile records provided shall not be shared with any other individuals or agencies that are not a party to the action, without prior court order. The juvenile records may not be published or disseminated in any manner except to the parties and the Court in the juvenile case. (Effective January 1, 2026) (Rule 6.2 renumbered effective January 1, 2006; adopted as Rule 51 effective July 1, 1992)
CHAPTER 6. JUVENILE RULES RULE 6.1 GENERAL PROVISIONS 6.1.1 Authority These Juvenile Rules apply to matters heard in Juvenile Court, with the exception of juvenile traffic hearings and juvenile traffic hearing appeals. The Juvenile Court hears both dependency and juvenile justice actions. Juvenile justice actions were formerly called “delinquency” actions. All references to Juvenile Delinquency Co
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 141 to 156, printed pages 6-1 to 6-16) 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.