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Chapter 6, Rules 6.3 and 6.4 (Dependency – Attorneys and Parties, and Dependency Court Proceedings): peremptory challenges reported to the Presiding Judge of the Juvenile Court (6.3.2); the Court to appoint new counsel on a declaration of conflict (6.3.3); each party and attorney to attend each scheduled Juvenile Court hearing unless excused (6.3.4); all minors ten (10) years old or older to attend court hearings unless excused (6.3.5); the duties of counsel - a conflict inquiry, the information for notice, inquiry as to ICWA and paternity (the “Statement Regarding Parentage” form, Judicial Council form JV-505), complete familiarity with the facts, and settlement - and counsel for children to separately interview each child four years of age or older (6.3.6); no party or attorney to interview the minor about the allegations without permission of the minor's attorney or court order, or cause an examination without court approval (6.3.7); the minor's attorney deemed the guardian ad litem, and a GAL for any incompetent parent (6.3.9 to 6.3.11); a care provider, de facto parents and relatives (6.3.12 to 6.3.14); repayment of costs of court appointed counsel, the account balance forwarded to an outside collections agency when ninety (90) days in arrears (6.3.16); referrals to the CASA Program, the Child Advocates Office to deliver copies of CASA reports at least two (2) court days before the hearing, and distribution only to parties and their counsel (6.3.17); child advocates sworn in, each an officer of the Court, with access to records, timely notice and the right to appear (6.3.18 to 6.3.24); paternity determined in a Juvenile Court proceeding (6.4.1); informal discovery, a noticed discovery motion served at least five (5) court days before the hearing, and case records available at least ten (10) calendar days before a contested hearing (6.4.2 to 6.4.3); Jurisdictional and/or Dispositional reports due at least forty-eight (48) hours and status review reports at least ten (10) calendar days before the hearing (6.4.4); settlement conferences before every contested hearing, a representative of DSS with authority to settle present (6.4.5); a reporter's transcript at court expense on a request in writing or an oral request at a court hearing (6.4.6); and strictly to comply with the timelines for dependency hearings (6.4.7).
California > Fifth Appellate District > Fresno County > Superior Court of California, County of Fresno
RULE 6.3 DEPENDENCY – ATTORNEYS AND PARTIES 6.3.1 Master Calendar Referrals (Long Cause Cases) Repealed. (Effective January 1, 2022; Rule 6.1.5 (now 6.3.1) renumbered effective January 1, 2006; adopted as Rule 50.5 effective January 1, 1999) 6.3.2 Peremptory Challenges Any challenge of a judicial officer hearing Juvenile Dependency matters, pursuant to Code of Civil Procedure § 170, et. seq., shall be reported to the Presiding Judge of the Juvenile Court who shall then take whatever legal action is appropriate, including reassignment to another department as designated by the Presiding Judge of the Juvenile Court If the challenge is to the Presiding Judge of the Juvenile Court, the Presiding Judge of the Superior Court shall take whatever legal action is appropriate, including reassignment to another department, if necessary. (Effective January 1, 2022; Rule 6.1.6 (now 6.3.2) renumbered effective January 1, 2006; adopted as Rule 50.6 effective January 1, 1999) 6.3.3 Declarations of Conflict and Appointment of New Counsel A. Whenever any counsel for any party in a dependency proceeding determines that a conflict of interest exists which interferes with that attorney’s ability to represent that client, the attorney shall immediately file such a declaration with the Court. All discovery in the possession of the attorney should be submitted to the Court at the time the declaration is filed. B. The Court shall appoint new counsel upon receipt of the declaration, and the Clerk of the Court shall forward discovery to that attorney. C. The Clerk shall provide notice of appointment of new counsel to all other parties. (Effective July 1, 2012; Rule 6.1.7 (now 6.3.3) renumbered effective January 1, 2006; adopted as Rule 50.7 effective July 1, 1999) 6.3.4 Attendance at Hearing Unless excused by the Court, each party and attorney shall attend each scheduled Juvenile Court hearing. (Effective July 1, 2012; Rule 6.2.1 (now 6.3.4) renumbered effective January 1, 2006; adopted as Rule 51.1 effective January 1, 1999) 6.3.5 Presence of Minor in Court All minors are entitled to attend court hearings. Every minor ten (10) years old or older shall be told of his or her right to attend court hearings and all minors ten (10) years old or older shall be given notice by DSS. All minors ten (10) years old or older shall attend court hearings unless excused for one of the listed reasons: A. The minor's attorney waives the minor's appearance; B. The minor chooses not to attend; C. The minor is excused by the Court; or D. The minor is disabled, physically ill, or hospitalized. No minor shall be brought to court solely for the minor to confer with his or her attorney or for a visit with a parent, relative or friend. The reason for a minor’s failure to appear shall be placed on the record. (Effective July 1, 2012, Rule 6.2.5 (now 6.3.5) renumbered effective January 1, 2006; adopted as Rule 51.5 effective January 1, 1999) 6.3.6 Duties of Counsel A. General Duties. All counsel representing parties in the Juvenile Dependency Court shall have the following duties and responsibilities: 1. The attorney shall make inquiries necessary to determine at the outset of the proceedings whether a conflict exists in the representation of a party. 2. At a party’s first appearance, the attorney shall verify with the client, to the extent the information is known, the names, addresses, telephone numbers, and relationships of all persons entitled to receive notice of the proceedings, including the birth dates of each party and child. The attorney shall also inquire as to the name, address, telephone number, and relationship of all known relatives and/or non-relative family members for possible placement of any detained child. 3. At a mother and/or father’s first appearance, the attorney shall make inquiry of the client as to the applicability of ICWA, and so inform the Court. 4. At a mother and/or father’s first appearance, the attorney shall make inquiry of the client as to paternity issues in order to resolve the status of paternity. The “Statement Regarding Parentage” form (Judicial Council form JV-505) shall be completed by any person claiming paternity status or non-paternity, which shall also be filed with the Court. 5. The attorney shall have a complete familiarity with the facts of the case by reviewing the court file, especially when appointed to represent a party in the middle of an ongoing case, and by bringing discovery motions, interviewing witnesses, procuring experts, and otherwise conducting an independent investigation. 6. The attorney should make all reasonable efforts to ensure that the client understands the Court processes, proceedings, and the potential and actual consequences of the proceedings. Special efforts should be taken to ensure that a client understands these matters if the client demonstrates any evidence of being developmentally delayed, or exhibits signs that he/she is suffering from any cognitive or emotional problems which would affect the client’s ability to comprehend any aspect of the dependency proceedings. 7. The attorney shall maintain a current business address and working telephone number and promptly notify clients of any change of address or telephone number. The attorney should provide the client with his or her business card. 8. The attorney shall show courtesy and respect to judicial officers, all social workers, CASA, courtroom personnel, witnesses and all counsel. 9. The attorney should be aware of children present in the courtroom, so that discussions of sensitive case issues, whether pertaining to a particular child or other children, are not overheard by the children or made in an insensitive manner. 10. Settlement should be considered as soon as enough information is known about the case to make settlement discussions meaningful. In every case, the attorney should consider whether the client’s interests could best be served and whether the case could be more appropriately resolved through settlement discussions. B. Duties of Counsel Representing Children in Dependency Court. In addition to the foregoing duties, attorneys representing children shall have the following additional duties and responsibilities: 1. The attorney shall be thoroughly familiar with the requirements of Welfare and Institutions Code § 317(e) for the representation of children, rule 5.660 of the California Rules of Court regarding standards of representation, and rule 5.660 of the California Rules of Court regarding caseload size. 2. The attorney or his/her staff shall separately interview each child four years of age or older unless it is determined that the child has sufficient language skills to communicate at an earlier age. The attorney shall ascertain the child’s wishes, needs, and background. Interviews should be done in an atmosphere where the child feels comfortable and privacy is ensured. 3. At the initial interview, where possible, the attorney shall inform the child, in language the child can comprehend, the nature of dependency proceedings, the role of the lawyer, the child’s rights including the right to confidentiality, and the nature of the subject matter of any petition and the contents of any related report. 4. The attorney should be actively involved in, and vigorously advocate at, every stage of the proceedings involving a child client and take any necessary legal steps that would promote and advance a child’s right to receive all appropriate reunification and permanent placement services and all other services and resources to meet the child’s educational, dental, medical, and mental health needs. (Effective July 1, 2016; Rule 6.2.2 (now 6.3.6) renumbered effective January 1, 2006; adopted as Rule 51.2 effective January 1, 1999). 6.3.7 Access to Minors Petitioned Pursuant to Welfare & Institutions Code § 300 Except for DSS personnel: A. No party or attorney in a dependency proceeding shall interview the minor about the events relating to the allegations in the petition(s) on file without permission of the minor's attorney or court order. B. No party or attorney, including minor’s attorney, in a dependency proceeding shall cause the minor to undergo a physical, medical or mental health examination or evaluation without court approval. (Effective July 1, 2012; Rule 6.2.3 (now 6.3.7) renumbered effective January 1, 2006; adopted as Rule 51.3 effective January 1, 1996) 6.3.8 Interviewing Minors Who are Alleged Victims of Child Abuse or Neglect All attorneys representing parties in a dependency case in which child abuse or neglect has been alleged and other participants in the case, including a child advocate, shall minimize the number of interviews given by the child relating to the events surrounding the alleged abuse or neglect. Those participants requiring information about the alleged incident shall first review any interviews taken or reports made by the investigating officer(s). (Effective July 1, 2012; Rule 6.2.4 (now 6.3.8) renumbered effective January 1, 2006; adopted as Rule 51.4 effective January 1, 1996) 6.3.9 Guardian Ad Litem for Minors For purposes of the federal Child Abuse Prevention and Treatment Act and Welfare & Institutions Code § 326.5, the minor’s attorney shall be deemed to be the minor's guardian ad litem (GAL) unless the Court orders otherwise. (Effective July 1, 2012; Rule 6.2.6 (now 6.3.9) renumbered effective January 1, 2006; adopted as Rule 51.6 effective January 1, 1999) 6.3.10 Guardian Ad Litem for Parents The Court shall appoint any person that the Court deems qualified as a GAL to represent any incompetent parent or guardian whose child is before the Juvenile Court pursuant to a petition under Welfare & Institutions Code § 300. The determination of incompetency may be made by the Court at any time in the proceeding based upon evidence received from any interested party. (Effective July 1, 2012; Rule 6.2.7 (now 6.3.10) renumbered effective January 1, 2006; adopted as Rule 51.7 effective January 1, 1996) 6.3.11 Notice to Guardian Ad Litem, Access to Records, Right to Appear In all proceedings, the GAL shall be given the same notice as any party, have the same access to all records relating to the case as would any party, and have the right to appear at all hearings. (Effective July 1, 2012; Rule 6.2.8 (now 6.3.11) renumbered effective January 1, 2006; adopted as Rule 51.8 effective January 1, 1996) 6.3.12 Care Providers A minor's care provider shall be allowed to be present at the hearing and address the Court. (Effective July 1, 2012; Rule 6.2.9 (6.3.12) renumbered effective January 1, 2006; adopted as Rule 51.9 effective January 1, 1996) 6.3.13 De Facto Parents Upon a sufficient showing the Court may recognize the minor's present or previous custodians as de facto parents and grant standing to participate as parties in dispositional hearings and any hearings thereafter at which the status of the dependent child is at issue. The person seeking de facto parent status shall have the rights outlined in California Rules of Court, Rule 5.534(a). (Effective January 1, 2022; Rule 6.2.10 (now 6.3.13) renumbered effective January 1, 2006; adopted as Rule 51.10 effective January 1, 1996) 6.3.14 Relatives Upon a sufficient showing, the Court may permit relatives of the child to be present at the hearing and address the Court. The Court shall hear from all parties before granting such permission. (Effective July 1, 2012; Rule 6.2.11 (now 6.3.14) renumbered effective January 1, 2006; adopted as Rule 51.11 effective January 1, 1996) 6.3.15 Court-Appointed Counsel Duties All court-appointed counsel shall comply with their professional duties as required by statute, regulation, and state and local rules of court. (Effective July 1, 2012; Rule 6.2.12 (now 6.3.15) renumbered effective January 1, 2006; adopted as Rule 51.12 effective January 1, 1996) 6.3.16 Juvenile Dependency Collections Program for Cost of Legal Services Once the case reaches disposition, the Court will determine if a party is responsible for the repayment of costs incurred for court appointed counsel for their children and/or self. The Court shall make a finding based on information provided by DSS in court or the Court will order the responsible parties to appear before a financial evaluation officer within thirty (30) days to determine the ability for the responsible party to pay cost for legal services. If it is determined that the responsible party is able to pay, monthly billing statements will be sent to the responsible party. If the installment payment becomes ninety (90) days in arrears, the account balance will be forwarded to an outside collections agency. Payments can be made in the Clerk’s Office or mailed to the following address: Fresno Superior Court 1100 Van Ness Ave., Rm. 200 Fresno, CA 93724 NOTE: At any time during this process, the responsible party can request to be heard in court. (Effective January 1, 2015; adopted as Rule 6.3.16 effective July 1, 2012) 6.3.17 The Child Advocate Program A. Referrals. The judicial officer, or any party may refer a case to the CASA Program at any point in the dependency or juvenile justice proceedings. The CASA Program also may request that a referral be made by the judicial officer in a case brought to the attention of the CASA Program. All referrals must be signed by the judicial officer. B. Referral Criteria. 1. Appropriate Referrals. Referrals to the CASA Program are appropriate when: a. The Court needs specific information or would benefit from an independent investigation in order to make a decision regarding the child’s welfare, except for information pertaining to allegations made in the petition. b. There is an unnecessary delay in achieving family reunification, legal guardianship, adoption, or emancipation. c. The child has a specific unmet need and requires advocacy to obtain educational, medical, or other services. This does not include the need for a mentor, big brother or sister, or special friend. 2. Inappropriate Referrals. Referrals are not appropriate when: a. The child’s behavior and/or the circumstances of the case would place the CASA volunteer at risk. b. The child is unwilling to participate in the services or cooperate with the advocate. c. The child is frequently AWOL. d. The child is placed outside of Fresno County. C. Evaluation of a Referral. The CASA Program will evaluate the referral to determine if it is appropriate for the CASA Program. In the event that the case is not accepted, the CASA Program will submit a report to the Court stating the basis for declining the referral. D. Acceptance of a Referral. Once a case is accepted by the CASA Program and a CASA volunteer is identified, the Court will be asked to sign an order appointing the identified CASA volunteer. E. Status of CASA volunteers. 1. Appointment. The CASA is appointed as a sworn officer of the Court, serves at the pleasure of the Court, and is bound by all the rules and standards set forth in Welfare & Institutions Code §§ 102 and 103, and California Rules of Court, rule 5.655. 2. Participation of CASAs, CASA Program Supervisors, and attorneys for the CASA Program. a. A CASA has the right to be present at all hearings, sit at the counsel table during the proceedings, and participate in any reported conferences held in chambers. An advocate cannot be excluded from any reported proceedings for any reason, including the fact that he or she may be called upon to give testimony in the case. b. A CASA volunteer for a child who has a child may participate in the dependency proceedings for both children. c. Program supervisors may attend court hearings, participate in proceedings along with the CASA volunteer or in lieu of the CASA volunteer, and may serve as the CASA on the case. d. Attorneys representing the CASA Program have the right to participate in any proceeding in Juvenile Court in which any aspect of the CASA Program is at issue. 3. Notice to CASA. Pursuant to Welfare & Institutions Code § 106, the CASA volunteer must be properly and timely noticed for all proceedings concerning the case on which he or she is appointed. The social worker on/assigned the case is responsible for providing notice to the CASA for regularly calendared matters. Any party requesting that a matter be added to the Court’s calendar is responsible for providing notice to the CASA. 4. Reports. CASA reports shall be read and considered by the judicial officer. Minute orders shall reflect whether the CASA and/or the CASA supervisor was present at the hearing and that the CASA’s report was read and considered by the Court. On behalf of any CASA submitting a report to the Court, the Child Advocates Office shall deliver sufficient copies for all parties and their counsel (including parents appearing in pro per) to the Court at least two (2) court days prior to the relevant hearing. The Court has the discretion to admit a CASA report regardless of the time it was submitted. 5. Distribution of Reports. Only parties and their counsel are entitled to receive copies of CASA reports. De facto parents are entitled to receive copies of CASA reports only if there is a court order directing distribution of the CASA report to the de facto parent(s). Relatives, foster parents, service providers and other interested parties are not entitled to receive CASA reports in the absence of a specific court order. F. Reporting. The CASA Program shall report regularly to the Presiding Judge of the Juvenile Dependency or Delinquency Courts with evidence that it is operating under the guidelines established by the National Court Appointed Special Advocate Association and the California State Guidelines for Child Advocates. (Effective January 1, 2022; Rule 6.2.14 (now 6.3.17) renumbered effective January 1, 2006; adopted as Rule 51.14 effective January 1, 1996) 6.3.18 Child Advocates A. 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 that 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; 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 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. B. Sworn Officer of the Court. An advocate is an officer of the Court and is bound by these rules. Each advocate shall be sworn in by a Superior Court Judge before beginning his or her duties, and shall subscribe to the written oath set forth in Appendix D2. C. Specific Duties. The Court shall, in its initial order of appointment, and thereafter in any subsequent order, specifically delineate the advocate's duties in each case, which may include independent investigation of the circumstances of the case, interviewing and observing the child and other appropriate individuals, reviewing appropriate records and reports, consideration of visitation rights for the child's grandparents 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 obligation to the child and the Court in accordance with the general duties set forth in (A) above. (Effective July 1, 2012; Rule 6.2.15 (now 6.3.18) renumbered effective January 1, 2006; adopted as Rule 51.15 effective January 1, 1999) 6.3.19 Release of Information to Advocate A. Court Authorization. To accomplish the appointment of an advocate, the Judge making the appointment shall sign an order granting the advocate the authority to review specific relevant documents and interview parties involved in the case, as well as other persons having significant information relating to the child, to the same extent as any other officer appointed to investigate proceedings on behalf of the Court. B. Access to Records. An advocate shall have the same legal right to records relating to the child he or she is appointed to represent as any case manager/social worker with regard to records pertaining to the child held by any agency, school, organization, division or department of the State, physician, surgeon, nurse, other health care provider, psychologist, psychiatrist, mental health provider or law enforcement agency. The advocate shall present his or her identification 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. Report of Child Abuse. An advocate is a mandated child abuse reporter with respect to the case to which the advocate is appointed. D. Communication With Others. DSS, Probation, the case manager, the child's attorney, the attorneys for parents, relatives, foster parents, any CASA advocate, and any therapist for the child shall engage in ongoing regular communication concerning the child's best interests, current status, and significant case developments. (Effective July 1, 2016; Rule 6.2.16 (now 6.3.19) renumbered effective January 1, 2006; adopted as Rule 51.16 effective January 1, 1996) 6.3.20 Advocate’s Right to Timely Notice In any motion concerning the child for whom the advocate has been appointed, the moving party shall provide the advocate timely notice. (Effective July 1, 2012; Rule 6.2.17 (now 6.3.20) renumbered effective January 1, 2006; adopted as Rule 51.17 effective January 1, 1996) 6.3.21 Calendar Priority for Advocates In light of the fact that advocates are rendering a voluntary service to children and the Court, matters on which they appear should be granted priority on the Court's calendar, whenever possible. (Effective July 1, 2012; Rule 6.2.18 (now 6.3.21) renumbered effective January 1, 2006; adopted as Rule 51.18 effective January 1, 1999) 6.3.22 Advocate’s Visitation Throughout Dependency An advocate shall visit the child regularly until the child is secure in a permanent placement. Thereafter, the advocate shall monitor the case as appropriate until dependency is dismissed or the advocate is relieved from appointment. (Effective July 1, 2012; Rule 6.2.19 (6.3.22) renumbered effective January 1, 2006; adopted as Rule 51.19 effective January 1, 1996) 6.3.23 Family Law Advocacy Should the Juvenile Court dismiss dependency and create a family law order pursuant to Welfare & Institutions Code § 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 July 1, 2012; Rule 6.2.20 (now 6.3.23) renumbered effective January 1, 2006; adopted as Rule 51.20 effective January 1, 1996) 6.3.24 Advocate’s Right to Appear An advocate shall have the right to be present and be heard at all court hearings, and shall not be subject to exclusion by virtue of the fact that the advocate may be called to testify at some point in the proceedings. An advocate shall not be deemed to be a "party" (California Rules of Court, Rule 5.530(b)(6)); however, the Court, in its discretion, shall have the authority to grant the advocate amicus curiae status, which includes the right to appear with counsel. (Effective July 1, 2012, Rule 6.2.21 (now 6.3.24) renumbered effective January 1, 2006; adopted as Rule 51.21 effective January 1, 1996) (Rule 6.3 renumbered effective January 1, 2006; adopted as Rule 52 effective July 1, 1992) RULE 6.4 DEPENDENCY COURT PROCEEDINGS 6.4.1 Determination of Paternity A. The issue of the paternity of a minor may be determined in a Juvenile Court proceeding. B. If a person claims to be the natural/biological father of a minor who is the subject of Juvenile Court proceedings, the Court may take such measures as are necessary to make a paternity finding and judgment. C. In any paternity proceeding arising under this rule the Court shall inform the mother and the person claiming to be the father of their right to be separately represented by counsel on the issue of paternity. The Court shall advise the person claiming to be the father of his legal responsibilities should he be found to be the natural father of the minor, including the obligation to pay child support and the possibility he may be incarcerated if he willfully fails to pay child support after being legally ordered to do so. D. The Court shall permit such evidence to be taken as necessary to determine the paternity of the minor. Testimony from the mother and the person claiming to be the natural father may be sufficient to make a paternity finding and judgment. If the mother or the person claiming to be the father is absence from the court proceeding, evidence in addition to testimony from those in attendance will normally be necessary to enable the Court to make a paternity finding. E. The Court may order blood or other scientific tests if it believes such tests will assist in making a paternity finding. The Court shall determine which party or parties shall pay for any such test. F. Any paternity finding and judgment shall be noted in the Clerk’s minutes and appropriate documentation shall be provided to the parties, their counsel, and the local child support agency. (Effective July 1, 2012; Rules 6.3.1, 6.3.2, 6.3.3, 6.3.4, 6.3.5 and 6.3.6 (now 6.4.1) renumbered effective January 1, 2006; adopted as Rules 52.1, 52.2, 52.3, 52.4, 52.5, 52.6 effective January 1, 1996) 6.4.2 Informal Discovery Pre-hearing discovery shall be conducted informally. Except as protected by privilege, all relevant material shall be disclosed in a timely fashion to all parties of the litigation. (Effective July 1, 2012; Rule 6.3.7 (now 6.4.2) renumbered effective January 1, 2006; adopted as Rule 52.7 effective January 1, 1996) 6.4.3 Formal Discovery A. Formal Discovery. Only after all informal means have been exhausted may a party petition the Court for discovery. Any noticed motion shall state the relevancy and materiality of the information sought and the reasons why informal discovery was not adequate to secure that information. The motion shall be served on all parties and the clerk of the department hearing the motion at least five (5) court days before the hearing date. Any responsive papers shall be filed and served on all parties and the clerk of the department hearing the motion two (2) court days prior to the hearing. B. Civil Discovery. In order to coordinate the logistics of discovery in dependency cases, there shall be no depositions, interrogatories, subpoenas of juvenile records or other similar types of civil discovery without approval of a judge of the Juvenile Court upon noticed motion. For non-dependency cases see Rule 6.7.1. C. Case Records and Reports (California Rules of Court, Rule 5.546). In contested proceedings, the social worker's narratives and other relevant case records shall be made available to all counsel at least ten (10) calendar days before the hearing and any updated records two (2) calendar days before the hearing. In all other cases, such documents shall be made available at least two (2) calendar days prior to the hearing. Upon timely request, parents and guardians shall disclose to DSS such non-privileged material and information within the parent's or guardian's control which is relevant. (Effective July 1, 2012; Rule 6.3.8 (now 6.4.3) renumbered effective January 1, 2006; adopted as Rule 52.8 effective January 1, 1999) 6.4.4 Disclosure of Evidence A. Social study reports prepared by DSS shall be made available to all parties before the hearing in accordance with the following time limitations unless otherwise ordered by the Court: 1. Jurisdictional and/or Dispositional reports are due at least forty-eight (48) hours before the hearing; 2. Six, Twelve and Eighteen Month Status Reviews and section 366.3 Status Review reports are due at least ten (10) calendar days before the hearing; 3. All other reports shall be due a reasonable number of days before the hearing but in no event less than forty-eight (48) hours before. B. If the social study report is not timely filed or made available to all parties, then any affected party may request a continuance or the Court on its own motion may continue the hearing to the extent permitted by law. C. The names of any experts to be called by any party and copies of their reports, if not part of a social study report prepared by DSS, shall be provided to all parties at least ten (10) days before the hearing. (Effective July 1, 2012; Rule 6.3.9 (now 6.4.4) renumbered effective January 1, 2006; adopted as Rule 52.9 effective January 1, 1999) 6.4.5 Settlement Conferences Settlement conferences shall be calendared and held prior to every contested hearing, unless deemed unnecessary by the judicial officer setting the contested hearing. The trial attorneys and all parties shall be present at the settlement conference, unless excused by the Court. All parties shall be readily available either in person or by telephone at the direction of their attorneys. A representative of DSS with authority to settle cases shall be present at the settlement conference. (Effective July 1, 2012; Rule 6.3.10 (now 6.4.5) renumbered effective January 1, 2006; adopted as Rule 52.10 effective January 1, 1996) 6.4.6 Requests for Transcripts Any party wanting the Court to pay for a reporter's transcript shall first apply in writing to the judicial officer who heard the matter in question or secondly to the Presiding Judge of the Juvenile Court. Alternatively, a party may orally request at a court hearing that the court order a transcript be prepared at court expense. A party may order a reporter's transcript prepared at that party's expense without seeking court authorization. (Effective January 1, 2022; Rule 6.3.11 (now 6.4.6) renumbered effective January 1, 2006; adopted as Rule 52.11 effective January 1, 1999) 6.4.7 Continuances It is the policy of this Juvenile Court to strictly comply with the timelines for dependency hearings, unless good cause is shown for continuance. (Welfare & Institutions Code § 352; California Rules of Court, rule 5.5.50(a)(2)). (Effective July 1, 2012, New) (Rule 6.4 renumbered effective January 1, 2006; adopted as Rule 53 effective July 1, 1992)
RULE 6.3 DEPENDENCY – ATTORNEYS AND PARTIES 6.3.1 Master Calendar Referrals (Long Cause Cases) Repealed. (Effective January 1, 2022; Rule 6.1.5 (now 6.3.1) renumbered effective January 1, 2006; adopted as Rule 50.5 effective January 1, 1999) 6.3.2 Peremptory Challenges Any challenge of a judicial officer hearing Juvenile Dependency matters, pursuant to Code of Civil Procedure § 170, et. seq., shal
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 156 to 169, printed pages 6-16 to 6-29) 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.