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Chapter 6, Rules 6.5 to 6.7 (Dependency Motions and Orders, Coordination of Court Proceedings, Medical Matters): a motion to challenge the legal sufficiency of the petition made as early in the proceedings as possible (6.5.1); ex parte applications to calendar hearings on the Ex Parte Application to Calendar and Order form, with seven (7) calendar days written notice of the hearing date or the other parties' consent (6.5.2 to 6.5.3); routine ex parte applications for out-of-state travel or medical/dental care filed no less than fifteen (15) calendar days before (6.5.4); non-routine ex parte applications heard at 8:30 a.m., the applicant to advise the judicial officer by 3:00 p.m. and give notice to all counsel by 4:00 p.m. on the day before, on the Declaration Re Notice of Ex Parte Application form (6.5.5); noticed motions with ten (10) calendar days written notice (6.5.6); a motion for more or less restrictive placement (6.5.7 to 6.5.8); a “388” consent calendar on a designated day of each week with at least five (5) court days' advance notice (6.5.9); visitation as frequent as possible, with the definitions of supervised, reasonable, liberal and extended visits (6.5.10); the care provider may authorize travel within California, out of state only with prior court approval (6.5.11); an application to DSS to file a petition under Welfare & Institutions Code § 329, DSS to respond within three (3) weeks (6.5.12); the party requesting a rehearing to serve a copy on the referee within one (1) judicial day (6.5.13); the court to identify and coordinate custody proceedings involving the same minor, the parties to inform the Court of protective, custody and visitation orders, and criminal protective orders to take precedence (6.6.1); family law and probate custody and visitation proceedings suspended for eighteen (18) calendar days after a report of suspected child abuse or neglect, and on a Welfare & Institutions Code § 300 petition (6.6.4); medical consent by DSS or the Probation Department, emergency medical consent twenty-four (24) hours a day (6.7.1); and court authorization for psychotropic medication on the JV-220 Application, an opposition within two (2) court days after notice, and an order to expire no later than six (6) months from date of issuance (6.7.2 to 6.7.3).
California > Fifth Appellate District > Fresno County > Superior Court of California, County of Fresno
RULE 6.5 DEPENDENCY MOTIONS AND ORDERS 6.5.1 Motion to Challenge Legal Sufficiency of Petition In any dependency proceeding the Court may entertain a pre-hearing challenge to the petition's sufficiency by a motion to challenge the legal sufficiency of the petition. Such a motion may be made in writing or orally, but must be made as early in the proceedings as possible. The Court may rule on the motion at the hearing at which it is made, or may continue the hearing on the motion to another date in order to receive briefing from counsel. If the Court sustains the motion, the Court may grant leave to amend the pleading in the petition upon any terms as may be just and shall fix the time within which the amendment or amended petition shall be filed. (Effective July 1, 2012; Rule 6.4.1 (now 6.5.1) renumbered effective January 1, 2006; adopted as Rule 53.1 effective January 1, 1999) 6.5.2 Ex Parte Applications/Orders Ex parte applications for orders are made to the Court without formal advance notice to the other parties of the application. There are three types of ex parte applications: ex parte applications to calendar hearings, routine ex parte applications, and all other ex parte applications. (Effective July 1, 2012; Rule 6.4.2 (now 6.5.2) renumbered effective January 1, 2006; adopted as Rule 53.2 effective January 1, 1996) 6.5.3 Ex Parte Application to Calendar Hearing A. An ex parte application to calendar a hearing is made by submission of the Ex Parte Application to Calendar and Order form to the judicial officer in whose courtroom the case is assigned. An ex parte application to calendar a hearing shall not be made to a judicial officer other than the judicial officer in whose courtroom the proposed hearing is to be held, except for good cause. 1. If the Ex Parte Application to Calendar and Order form is being used to place on calendar a hearing which does not already have a hearing date, advance notice to all other parties of the intent to submit an Ex Parte Application to Calendar and Order form to a judicial officer in whose courtroom the case is assigned is not required if the proposed date of hearing is more than seven (7) calendar days from the date of submission of the form. Any party choosing to proceed thus must give all other parties seven (7) calendar days written notice of the hearing date which has been approved by the judicial officer. If the proposed date of hearing is less than seven (7) calendar days from the date of submission of the Ex Parte Application to Calendar and Order form, consent to the proposed hearing date must be sought from the other parties. Consent of a party can be reflected by that party initialing the appropriate box on the Ex Parte Application to Calendar and Order form. An Ex Parte Application to Calendar and Order form seeking a hearing date less than seven (7) calendar days from the date of submission of the form may be submitted to the judicial officer even if written consent to the proposed hearing date has been withheld by another party, so long as said party was given an opportunity to give written consent to the proposed hearing date. The party submitting the Ex Parte Application to Calendar and Order form shall memorialize on the form the party's refusal to give written consent to the proposed hearing date. 2. If the Ex Parte Application to Calendar and Order form is being used to obtain a continuance of a hearing date which is already on calendar, the Ex Parte Application to Calendar and Order form, which shall adequately specify the reason the continuance is sought and the length of the continuance being sought, shall first be presented to all parties. If any party objects to the proposed continuance, or requests a hearing on the request for a continuance, that party should so specify on the Ex Parte Application to Calendar and Order form. Once the Ex Parte Application to Calendar and Order form has been initialed by all parties, the form shall be presented to the judicial officer in whose courtroom the hearing is currently scheduled for consideration. When presented with an Ex Parte Application to Calendar and Order form requesting a continuance, the judicial officer shall do one of the following: a. Grant the request for a continuance and select a new hearing date, b. Deny the request for a continuance, or c. Set the request for a continuance for hearing and select a date for that hearing. When the party submitting the completed Ex Parte Application to Calendar and Order form receives that form back from the judicial officer, that party shall file the form with the Clerk's Office and serve copies of the filed form on all parties. B. If a case has an upcoming hearing date already on calendar, an Ex Parte Application to Calendar and Order form need not be submitted to place on calendar for the same date a separate/different motion on the same case. However, the party seeking to place the separate/different motion on calendar must give ten (10) calendar days written notice of the separate/different motion to all other parties, unless the Court, for good cause shown, prescribes a lesser number of days for notice. C. The Ex Parte Application to Calendar and Order form has no purpose other than to place, change, or continue a hearing date on the Court's calendar. The Ex Parte Application to Calendar and Order form is not a substitute for a Welfare & Institutions Code § 388 petition, a formal written motion, or supporting points and authorities. (Effective July 1, 2012; Rule 6.4.3 (now 6.5.3) renumbered effective January 1, 2006; adopted as Rule 53.3 effective January 1, 1999) 6.5.4 Routine Ex Parte Applications A. Unless counsel for a party has specifically requested advance notice of ex parte applications for out-of-state travel or medical/dental care for the minor, an ex parte application may be made, without advance formal notice, to the judicial officer in whose courtroom the minor's case is assigned, seeking an order permitting the minor to travel out-of-state with the foster parent or care provider, relative, or other appropriate adult acceptable to DSS, or an order authorizing that medical or dental care be performed on the minor. Any such ex parte applications shall be filed no less than fifteen (15) calendar days prior to the proposed travel or medical/dental care absent good cause shown on the application, or unless the Court has specified a greater or lesser period. All such ex parte applications shall include the following information: 1. The name and address of each party to the action, and the name and address of each party's counsel; 2. The efforts made to obtain the consent of and/or give notice to the parents or guardians of the minor of the proposed travel or medical/dental care; 3. If a parent or guardian has refused to agree to the proposed travel or to give consent to medical/dental care, that fact shall be noted on the application, including the ground for the parent’s/guardian's refusal, if known; 4. For any parent or guardian whom DSS was unable to locate to give notice and/or obtain consent, a description of the efforts made to locate the parent/guardian; 5. The fact the minor's counsel has been notified of the proposed travel or medical/dental care, and said counsel's position on the proposed travel or medical/dental care. 6. The fact the CASA has been notified of the proposed travel or medical/dental care, and said CASA’s position on the proposed travel or medical/dental care. B. When presented with an ex parte application for an order authorizing out-of-state travel or medical/dental care, the judicial officer shall either grant the request and issue the order, or deny the request. If the judicial officer issues the requested order authorizing out-of-state travel or medical/dental care, the party who sought the order shall file the ex parte application form and order with the Clerk's Office and provide copies of the filed ex parte application and order form with all counsel. Any party disagreeing with the order for out-of-state travel or medical/dental care may place the matter on calendar for further consideration. C. An order nunc pro tunc making corrections, changes or additions to any finding or order generated at a prior hearing may be made by ex parte application where the Court made an order or finding that was mistakenly omitted from the minute order. (Effective July 1, 2012; Rule 6.4.4 (now 6.5.4) renumbered effective January 1, 2006; adopted as Rule 53.4 effective January 1, 1999) 6.5.5 Non-Routine Applications A. All ex parte applications other than those discussed in Rules 6.5.3 and 6.5.4 are considered non-routine ex parte applications. All non-routine ex parte applications must be made only upon adequate advance notice to all counsel in accordance with this rule. Non-routine ex parte applications include, but are not limited to, requests for a temporary order modifying a visitation order pending a hearing on a concurrently filed Welfare & Institutions Code § 388 petition seeking the same relief on a permanent basis. B. Non-routine ex parte applications shall be heard at 8:30 a.m. by the judicial officer in whose courtroom the case is assigned. C. Before submitting an ex parte application and proposed order forms to the judicial officer in whose courtroom the case is assigned for signature, the applicant shall adhere to the following procedures: 1. The applicant shall advise the judicial officer in whose courtroom the case is assigned no later than 3:00 p.m. that a non-routine ex parte application will be made the following morning in that judicial officer's courtroom. 2. The applicant shall give, no later than 4:00 p.m. on the day prior to the proposed ex parte application, advance notice of the time, place, and basic subject matter of the proposed ex parte application to all counsel and the social worker assigned to the case, except for good cause shown or consent of all counsel. 3. The notice given to the other counsel regarding the ex parte application for a non-routine order shall be stated on the Declaration Re Notice of Ex Parte Application form. D. If the applicant has made a good faith attempt to inform the other counsel regarding the ex parte application but was unable to do so, the efforts made to inform them shall be specified on the Declaration Re Notice of Ex Parte Application form. E. If the applicant contends that advanced notice to one or more other counsel should not be required, the grounds upon which this contention is based shall be specified on the Declaration Re Notice of Ex Parte Application form. The completed Declaration Re Notice of Ex Parte Application form shall be submitted to the judicial officer with the ex parte application. An ex parte application which is submitted to the judicial officer without the Declaration Re Notice of Ex Parte Application form will be summarily denied. F. Whenever possible, the ex parte application moving papers and the Declaration Re Notice of Ex Parte Application form, and any responding papers, shall be served on all other counsel as far in advance of the ex parte application as is practicable. G. Notice of the ex parte application may be excused if the giving of such notice would frustrate the purpose of the order, or cause the minor to suffer immediate and irreparable physical or emotional harm. H. Notice may also be excused if, following a good faith attempt, the giving of notice is not possible, or if the other counsel do not object to the relief sought by the ex parte application. (Effective July 1, 2012; Rule 6.4.5 (now 6.5.5) renumbered effective January 1, 2006; adopted as Rule 53.5 effective January 1, 1996) 6.5.6 Noticed Motions Except as otherwise provided herein, all motions shall be in writing and accompanied by a supporting affidavit or declaration and points and authorities, if applicable. No noticed motion shall be accepted by the Clerk unless it is accompanied by a proof of service. A noticed motion must give ten (10) calendar days written notice to all other counsel unless the Court, for good cause shown, prescribes a lesser number of days for notice. (Effective July 1, 2012; Rule 6.4.6 (now 6.5.6) renumbered effective January 1, 2006; adopted as Rule 53.6 effective January 1, 1996) 6.5.7 Motion for More Restrictive Placement Any motion by DSS to modify an existing order to a more restrictive placement shall be implemented pursuant to Welfare & Institutions Code § 387 and California Rules of Court, rules 5.560(c) and 5.565. A change in an out-of-home, non-relative placement (i.e., foster care, family foster home, or group home) shall not be deemed a more restrictive placement unless the placement change is from a level twelve (12) or lower placement (as defined by State law) to a higher level which requires a mental health certification. Placement in a level thirteen (13) or higher level home is defined as being more restrictive than a level one (1) to level twelve (12) home whether the home be a foster home, a family foster home or a group home. (Effective July 1, 2012; Rule 6.4.7 (now 6.5.7) renumbered effective January 1, 2006; adopted as Rule 53.7 effective January 1, 1996) 6.5.8 Motion for Less Restrictive Placement Any motion by an interested party to modify the Court's orders to a less restrictive placement shall follow the procedures outline in Welfare & Institutions Code § 388 and California Rules of Court, rules 5.560(d) and 5.570, and these rules. (Effective July 1, 2012; Rule 6.4.8 (now 6.5.8) renumbered effective January 1, 2006; adopted as Rule 53.8 effective January 1, 1999) 6.5.9 Petitions for Modification (Consent Calendar Procedure) The following procedures shall be followed for all Petitions for Modification filed pursuant to Welfare & Institutions Code § 388, except those petitions seeking termination of a guardianship pursuant to Welfare & Institutions Code § 366.3, subdivision (b), and California Rules of Court, rule 5.740. A. Each Department will hold a “388” consent calendar on a designated day of each week at 8:30 a.m., at which time the Court will act upon those petitions to which there is no objection and set for hearing those petitions to which any party objects. B. Petitioner shall select the consent calendar date for the matter to be heard based upon a date which allows at least five (5) court days’ advance notice to all parties. Petitioner is to provide copies of the petition to all parties and file the original with an attached proof of service. Copies are to be provided to both DSS and County Counsel. C. The Clerk shall file the Petition and calendar it on the “388” consent calendar, which shall be separate from the regular calendar. The Clerk will make available copies of the “388” consent calendar to the office of each counsel of record and DSS seven (7) calendar days preceding the date of the “388” consent calendar. D. At the hearing, if all parties consent, the matter will be submitted without hearing and a ruling will be entered. If any party enters an objection, which may be communicated to the Court in person, in writing, or telephonically, the matter will be set for hearing. E. The Court’s ruling, or the date of the hearing if one is set, will be noted on a minute order. F. Petitions seeking an interim order are to be presented to the Court prior to filing and service. Interim orders will be granted upon a showing of good cause. (Effective July 1, 2012; Rule 6.4.9 (now 6.5.9) renumbered effective January 1, 2006; adopted as Rule 53.9 effective July 1, 1999) 6.5.10 Visitation A. Visitation between a minor and the minor's parents should be as frequent as possible based on the individual circumstances of the case. B. Orders for visitation may be issued at any scheduled hearing. Arrangements for visitation may be modified by the filing and approval of a Welfare & Institutions Code § 388 petition. C. Unless specified otherwise by the Court, the following definitions shall apply to visitation orders: 1. Supervised Visits: Visits supervised by DSS, unless the Court orders that a third party may supervise the visits. 2. Reasonable Visits: Supervised or unsupervised visits which may last up to one (1) day but shall not include overnight. 3. Liberal Visits: Visits which may include overnight and weekends and up to a maximum of thirteen (13) consecutive days. 4. Extended Visits: Visits which last beyond thirteen (13) consecutive days. Extended visits do not become placements, unless otherwise ordered by the Court. D. Any significant decrease from the Court-ordered level of a parent's/party's level of visitation shall be presented to the affected parent/party for comment before being submitted to the Court. The Court may set a hearing on the issue after hearing the parent’s/party's comments on the proposed reduction. (Effective July 1, 2012; Rule 6.4.10 (now 6.5.10) renumbered effective January 1, 2006; adopted as Rule 53.10 effective January 1, 1996) 6.5.11 Travel Authorization Unless ordered otherwise by the Court, a minor's care provider may authorize travel by the minor within the State of California with the concurrence of DSS and, when possible, notice to the parent. Any travel for the minor out of the State of California shall require prior court approval. Any application to the Court for orders regarding travel of the minor shall comply with Juvenile Rule 6.5.4 and shall state what efforts have been made to notify the parent(s) and their response, if any. (Effective July 1, 2012; Rule 6.4.11 (now 6.5.11) renumbered effective January 1, 2006; adopted as Rule 53.11 effective January 1, 1996) 6.5.12 Application to Commence Proceeding When a CPS referral is made to DSS and if DSS decides not to intervene or fails to report the outcome of the referral to a reporting party within ten (10) days, any person may apply to DSS requesting DSS to file a petition pursuant to Welfare & Institutions Code § 329. In that application, the applicant shall give notice and identifying information of any pending family law-related proceeding. If a family law-related proceeding is pending, a copy of the application shall also be sent to Family Court Services by the applicant. DSS shall respond to the application as soon as possible or within three (3) weeks after submission of the application. If applicable, DSS shall notify Family Court Services of its response. If the applicant is dissatisfied with the decision of DSS, the applicant may petition the Juvenile Court to order DSS to file a Welfare & Institutions Code § 300 petition as provided by Welfare & Institutions Code § 331. (Effective July 1, 2012; Rule 6.4.12 (now 6.5.12) renumbered effective January 1, 2006; adopted as Rule 53.12 effective January 1, 1999) 6.5.13 Request for Rehearing Any party to a juvenile delinquency proceeding requesting a rehearing within ten (10) calendar days after service of a copy of an order and findings shall, within one (1) judicial day after filing a request for rehearing also serve a copy of the request upon the referee from whose decision the request has arisen. The referee shall immediately direct the court reporter, by minute order, to prepare a transcript of the appropriate hearing and deliver a copy of the minute order to the Presiding Judge of the Juvenile Court and to the counsel for the party requesting the rehearing. Within ten (10) calendar days after being ordered to prepare the transcript, the court reporter shall deliver the transcript to the Presiding Judge of the Juvenile Court. (Effective July 1, 2012; Rule 6.4.13 (now 6.5.13) renumbered effective January 1, 2006; adopted as Rule 53.13 effective January 1, 1996) (Rule 6.5 renumbered effective January 1, 2006; adopted as Rule 54 effective July 1, 1992) RULE 6.6 COORDINATION OF COURT PROCEEDINGS 6.6.1 Court Management of Child Abuse or Neglect Cases A. It is the policy of the Superior Court to identify and coordinate custody proceedings involving the same minor, which may appear in multiple legal settings. It is further the policy of the Superior Court to coordinate the efforts of the different court systems (including, but not limited to, the family, juvenile, child support, and probate courts) so that the minor’s needs are served and the resources of the family and the Court are not wasted. To these ends the Superior Court and the agencies serving the Court shall cooperate to increase the exchange of information and to determine the most appropriate forum for the resolution of the issues relating to the minor. B. Notice of Pending Cases and Orders 1. Court Inquiry. Before issuing a protective order, or a custody or visitation order, the Court should inquire of the parties or the attorneys whether there are any cases in which there are criminal or civil protective orders, or custody and visitation orders that involve the child(ren) in the current case. 2. Attorneys and Self-Represented Parties in Family, Probate and Criminal Cases. All attorneys and self-represented parties involved in family law, probate and criminal cases shall inform the Court about any cases of which they are aware in which there are criminal or non-criminal protective orders or custody and visitation orders that involve the child(ren) in the current case. The information shall be provided to the Court, all parties and all attorneys in the case. C. Communication Between Courts 1. Communication Regarding Existing Cases in Other Departments. When any court becomes aware of the existence of another case involving the same child(ren), the judicial assistant shall notify the other court. Prior to conducting a hearing in the matter, the trial judge will review the overlapping orders, if appropriate. Notice will be provided to the parties of the overlapping orders reviewed by the judicial officer. 2. Communication Regarding Protective Orders. a. Temporary or Permanent Non-Criminal Restraining Orders. When either the Family Court or Dependency Court issues a temporary or permanent restraining order and the restrained person or the protected person has another pending dependency, family, probate, juvenile or criminal case, the Family Court or Dependency Court shall send a copy of the protective order to the appropriate court administrator who will send it to the trial court with the overlapping case. This may be accomplished by working through the Domestic Violence Case Coordinator. D. Modification of Criminal Protective Orders. Criminal protective orders take precedence over other contact orders. When a criminal protective order exists and either or both parties request a child custody order that is inconsistent with the criminal protective order, it is the obligation of the moving parties to seek a modification of the criminal protective order by placing the matter on the criminal domestic violence calendar. Notice must be provided to all parties, attorneys and probation or parole officers. No party shall seek a child custody or visitation order in family, probate or juvenile court that is inconsistent with an existing criminal protective order unless a judicial officer presiding over the criminal domestic violence matter has first granted the request to modify the criminal protective order. (Effective July 1, 2012; Rule 6.5.1 (now 6.6.1) renumbered effective January 1, 2006; adopted as Rule 54.1 effective January 1, 1999) 6.6.2 Report Pursuant to Penal Code § 11166 If during the pendency of a family law proceeding a child abuse or neglect allegation against one of the minor's parents comes to the attention of a Family Court Services staff member or other mediator or evaluator, that person shall first determine whether the allegation must be reported to a child protection agency pursuant to Penal Code § 11166. If that person determines the allegation does not fall within the description of § 11166, he or she need not make a report. However, any other person may report the allegation to a child protection agency. (Effective July 1, 2012; Rule 6.5.2 (now 6.6.2) renumbered effective January 1, 2006; adopted as Rule 54.2 effective January 1, 1996) 6.6.3 Child Abuse or Neglect Investigation When DSS receives a report of suspected child abuse or neglect during the pendency of a family law-related proceeding, it shall investigate the matter pursuant to the regulations of the California Department of Social Services. DSS shall inform Family Court Services of any decisions it makes concerning the child abuse or neglect investigation. If DSS determines that further investigation is necessary, it shall contact the appropriate investigating agency immediately so that all investigative efforts can be coordinated. (Effective July 1, 2012; Rule 6.5.3 (6.6.3) renumbered effective January 1, 2006; adopted as Rule 54.3 effective January 1, 1996) 6.6.4 Suspension of Family Law and Probate Proceedings A. DSS Report. After a report of suspected child abuse or neglect has been made to a child protection agency, any custody and visitation proceedings in the Family Law or Probate Department are suspended, except that the Family Law or Probate Department shall have the power to make temporary protective orders to ensure the safety of the minor. The suspension shall remain for eighteen (18) calendar days from the report or until DSS indicates in writing that it will take no action in the matter, whichever occurs first. B. Welfare & Institutions Code § 300 Petition, Juvenile Court. If a petition pursuant to Welfare & Institutions Code § 300 is filed in the Juvenile Court, all custody and visitation proceedings in the Family Law or Probate Department are suspended. Thereafter, custody and visitation issues shall be determined by the Juvenile Court. The Family Law or Probate Department shall resume custody or visitation proceedings only after written authorization is received from the Juvenile Court. (Effective July 1, 2012; Rule 6.5.4 (now 6.6.4) renumbered effective January 1, 2006; adopted as Rule 54.4 effective January 1, 1999) 6.6.5 Informal Supervision Agreement If, during DSS's investigation, one or both parents reach an informal supervision agreement pursuant to Welfare & Institutions Code § 301, a copy of that agreement shall be sent immediately to DSS, to Family Court Services and to each parent. (Effective July 1, 2012; Rule 6.5.5 (now 6.6.5) renumbered effective January 1, 2006; adopted as Rule 54.5 effective January 1, 1996) 6.6.6 Coordination of Cases At any time during the process described herein, the Presiding Judges of the Family Law and Probate Departments and the Juvenile Court are encouraged to discuss problems relating to the coordination of cases involving child abuse or neglect allegations. (Effective July 1, 2012; Rule 6.5.6 (now 6.6.6) renumbered effective January 1, 2006; adopted as Rule 54.6 effective January 1, 1999) 6.6.7 Petition for Dismissal Whenever any interested party believes that Juvenile Dependency Court intervention on behalf of a minor is no longer necessary, application may be made to the Juvenile Dependency Court pursuant to Welfare & Institutions Code § 388 or at any regularly scheduled hearing to have the case dismissed. If the application is granted, any future litigation relating to the custody, visitation and control of the minor shall be heard in the Family Law Department or other appropriate department. (Effective July 1, 2012; Rule 6.5.7 (now 6.6.7) renumbered effective January 1, 2006; adopted as Rule 54.7 effective January 1, 1999) 6.6.8 Juvenile Court Custodial Order If the Juvenile Dependency Court determines that jurisdiction of the Juvenile Court is no longer necessary for the protection of the minor, the Court may create a custodial order consistent with the needs of the minor and thereafter dismiss the juvenile petition and case. (See Judicial Council form JV-200.) Any party may object to the proposed dismissal and be heard on the issues. (Effective July 1, 2012; Rule 6.5.8 (now 6.6.8) renumbered effective January 1, 2006; adopted as Rule 54.8 effective January 1, 1996) 6.6.9 Maintenance of Orders in Court Files A. Juvenile Court. The original court custodial order shall be filed in the Family Law Department or other department and endorsed copies shall be filed in the Juvenile Court file. A copy of the endorsed-filed order shall be mailed to the attorneys and parties. B. Superior Court. If no court file exists in the Family Law Department or other department or in any other jurisdiction, the Clerk shall create a file under the names of the minor's parents. The file shall contain a copy of the Juvenile Court order. Pursuant to Welfare & Institutions Code § 362.4, there shall be no filing fee. (Effective July 1, 2012; Rule 6.5.9 (now 6.6.9) renumbered effective January 1, 2006; adopted as Rule 54.9 effective January 1, 1999) (Rule 6.6 renumbered effective January 1, 2006; adopted as Rule 55 effective July 1, 1992) RULE 6.7 MEDICAL MATTERS 6.7.1 Medical Consent A. Medical Consent. Welfare & Institutions Code §§ 369 and 739 set forth the responsibilities of the Court, social worker and probation officer for handling medical consent matters for minors in dependency and delinquency. In Fresno County, DSS is responsible for obtaining required court authorization or for authorizing necessary medical care for minors who come within the provisions of Welfare & Institutions Code § 300 (abused and neglected children), and the Probation Department is responsible for obtaining these authorizations for minors who come within the provisions of Welfare & Institutions Code §§ 601 and 602 (status offenders and delinquent minors, respectively). Only where a minor has been taken into temporary custody and the parents object to the treatment is it necessary for the Court to intervene. (See Welf. & Inst. Code, §§ 369(a) and 739(a). 1. The Court authorizes DSS social workers to consent in this situation for children covered by Welfare & Institutions Code § 369(a). B. Notification. In any case where the Court intervenes in providing consent for a medical procedure, the Court shall ensure that notice of the procedure and request for consent are given to the child’s attorney and Court-Appointed Special Advocate (CASA) at the earliest practicable time. C. Emergency Medical Consent. Emergency Medical Consent can be obtained through the respective agencies responsible for the minor, either DSS or Probation. DSS and Probation provide this Medical Consent service twenty-four (24) hours a day, each day of the year. Pursuant to Welfare & Institutions Code §§ 369(d) and 739(d) the social worker or probation officer, after making reasonable efforts to obtain parental consent, has the authority to grant “emergency medical treatment” for any minor who “requires immediate treatment for the alleviation of severe pain or an immediate diagnosis and treatment of an unforeseeable medical, surgical or dental, or other remedial condition or contagious disease which, if not immediately diagnosed and treated, would lead to serious disability or death” without involving the Court. (Effective January 1, 2015; Rule 6.6.1 (now 6.7.1) renumbered effective January 1, 2006; adopted as Rule 55.1 effective January 1, 1999) 6.7.2 Authorization for Use of Psychotropic Drugs in Juvenile Delinquency/Dependency Proceedings Family Code § 6924 sets forth the general guidelines for providing mental health treatment to minors. Pursuant to Welfare & Institutions Code §§ 369(b), 369.5 and 739.5 and California Rules of Court, rule 5.640, for any minor removed from the custody of the parent or guardian pursuant to Welfare & Institutions Code §§ 306, 309, 726, or by order of the Juvenile Court, approval must be obtained for the minor (if under 18 years of age) to be treated with psychotropic medication. Absent a medical emergency as defined in Welfare & Institutions Code § 369(d), authorization from the Juvenile Court (or from someone authorized by the Court) must be obtained prior to administering psychotropic medication to a minor under the jurisdiction of the Juvenile Court. If the minor has a current prescription for psychotropic medication at the time a juvenile dependency proceeding is commenced, a medical professional may continue to authorize administration of, and the minor may continue using, the medication pending Juvenile Court review. The treating medical professional is required to notify the Juvenile Court whenever a treatment plan for psychotropic medication is commenced without consent of a parent or guardian. A. Application for Psychotropic Medication. The following outlines the process for obtaining Court authorization: 1. At the time the minor appears before a physician for treatment, and if the consent of the parent or guardian has not been obtained, the treating physician completes the Prescribing Physician’s Statement-Attachment (Judicial Council form #220(A)). The statement is presented to the appropriate agency; either DSS or Probation. 2. Once the JV-220(A) is received by the appropriate agency, DSS or Probation is to legibly and fully complete the JV-220 packet, which includes the following mandatory Judicial Council forms: a. JV-220 – Application Regarding Psychotropic Medication b. JV-220(A) – Prescribing Physician’s Statement-Attachment c. JV-221 – Proof of Notice; Application Regarding Psychotropic Medication d. JV-222 – Opposition to Application Regarding Psychotropic Medication e. JV-223 – Order Regarding Application for Psychotropic Medication f. JV-510 – Proof of Service - Juvenile: 3. The completed JV-220 Application must be filed by personal delivery to the appropriate Clerk’s Office: The Clerk of the Juvenile Court-Dependency 1100 Van Ness Ave., Room 200 Fresno, California 93724 The Clerk of the Juvenile Court-Delinquency 3333 E. American Ave., Bldg. 701, Ste. A Fresno, California 93725 4. The appropriate agency, DSS or Probation sends a facsimile copy of the JV-220 Application to the Fresno County Chief Psychiatrist for further review and recommendation. C. Hearing Date. Upon receipt of the completed JV-220 Application, the Court will determine whether a hearing date is necessary, and thereafter will schedule a hearing date that allows sufficient time for all parties to be provided notice of the JV-220 Application and to file an opposition. D. Opposition to Application. Any party who wishes to oppose the JV-220 Application must, within two (2) court days after receiving notice of the JV-220 Application: 1. Complete and file a statement of opposition (Form JV-220A) with the Clerk of the Juvenile Court-Dependency; and 2. Provide notice of the opposition to all parties and attorneys and file a form JV-221 (Notice). (Effective January 1, 2015; Rule 6.6.2 (now 6.7.2) renumbered effective January 1, 2006; adopted as Rule 55.2 effective January 1, 1999) 6.7.3 Six Month Renewal for all Psychotropic Drug Orders An order authorizing administration of psychotropic medication shall expire no later than six (6) months from date of issuance without prejudice to a renewal request using the above procedures. (Effective July 1, 2012; Rule 6.6.3 (now 6.7.3) renumbered effective January 1, 2006; adopted as Rule 55.3 effective January 1, 1996) (Rule 6.7 renumbered effective January 1, 2006; adopted as Rule 56 effective July 1, 1992)
RULE 6.5 DEPENDENCY MOTIONS AND ORDERS 6.5.1 Motion to Challenge Legal Sufficiency of Petition In any dependency proceeding the Court may entertain a pre-hearing challenge to the petition's sufficiency by a motion to challenge the legal sufficiency of the petition. Such a motion may be made in writing or orally, but must be made as early in the proceedings as possible. The Court may rule on the mo
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 169 to 182, printed pages 6-29 to 6-42) 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. Review note: Rule 6.7.2 letters its subdivisions A, C and D, as printed (no B).
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.