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Chapter 7 (Rules 7.1 to 7.47): the law governing proceedings in the Humboldt County Juvenile Court (7.1); confidentiality of dependency proceedings (7.2); discovery of juvenile records - a Petition for Disclosure (JV-570) filed with the Supervising Judge of the Dependency Court, the Police Report Request Form for records held by law enforcement, and the Declaration in Support of Request to Inspect and/or Copy Juvenile Court Records without a Court Order (7.3); the access of court designated child advocates to Probation Department and Department of Family and Children's Services records (7.4); the release of records to parties and their attorneys (7.5) and of court reports to court-approved mental health evaluators (7.6); appearances and daily courtroom practice - punctuality, calendar priority and attendance (7.7); the minimum standards of competence of attorneys in dependency proceedings and the Certificate of Competency submitted within ten (10) days of a first appearance (7.8); complaints about appointed attorneys, which the Court reviews within ten (10) days (7.9); access to minors petitioned under Welfare and Institutions Code §300 (7.10); the presence of children in court, every child four (4) years or older told of the right to attend (7.11); hearings in the absence of parents and parties (7.12); objections to the sufficiency of the petition (7.13) and amended petitions (7.14); pre-hearing discovery - informal, the social worker log notes available five (5) court days before a contested hearing, the protective order over the files of the Department of Social Services, and no civil discovery without approval on noticed motion (7.15); requests for transcripts (7.16); peremptory challenges to the judicial officer regularly assigned to juvenile matters, made in writing no less than ten (10) calendar days before the trial or hearing (7.17); social worker's and probation officer's reports at contested hearings (7.18); reports with psychological evaluations (7.19); motions other than motions to continue - served ten (10) calendar days before the hearing if personally served or fifteen (15) if served by mail, opposition five (5) court days and reply papers two (2) court days before the hearing (7.20); ex parte applications, held by the courtroom clerk for twenty-four (24) hours before submission and opposed within twenty-four (24) hours of notice (7.21); petitions for modification of orders - more and less restrictive placements, decreases in visitation, temporary removal out of state and new service plan requirements (7.22 to 7.26); notice of a change in placement - five (5) working days, ten (10) working days before a removal to another county, and in emergencies no later than 48 hours (7.27); appointment of experts in dependency cases (7.28); establishing paternity - the Statement Regarding Paternity on form JV-505 and the JV-501 form (7.29); determining the mental status of a child (7.30); psychotropic medications only by court order, an opposition within two (2) court days and an authorization effective until 180 days from the order at most (7.31); HIV testing of dependent children on an ex parte motion kept sealed (7.32); guardianship proceedings in Juvenile Court (7.33); applications under Welfare and Institutions Code §329 (7.34); parents' financial responsibility for out-of-home care (7.35); the Child Advocate Program, its advocates trained by a Court Appointed Special Advocate program (CASA) - appointment, duties, CASA reports served at least two (2) court days before the hearing, release of information, notice, visitation and family law advocacy (7.36 to 7.41); guardians ad litem for children and parents (7.42); parental visitation before the detention hearing (7.43); C.A.S.T. tapes under a protective order, with the Acknowledgment and the stipulation of Appendices 7.44(d) and 7.44(e) (7.44); dependency mediation, a Mediation Issue Statement sent at least one week before mediation (7.45); a mental health evaluation of a parent only with Court approval (7.46); and the inquiry into a child's tribal status under the Indian Child Welfare Act (7.47).
CHAPTER 7 - JUVENILE COURT RULES 7.1 Preliminary Provisions (a) These rules, together with the rules promulgated by the Judicial Council for the Juvenile Courts, the Welfare and Institutions Code, those sections of other codes specifically made applicable to juvenile proceedings by the Welfare and Institutions Code, and case law shall be the controlling body of law, which shall govern proceedings
Reviewer note: Composed 2026-10-10 (California T4 Humboldt build 2026-10-10) from BenchPath custody ca/t4/ca-humboldt/docs/local-rules/05-16-2025-local-rules-effective-july-1-2025.pdf (the court's rule book, its cover “HUMBOLDT COUNTY SUPERIOR COURT LOCAL COURT RULES Effective July 1, 2025”, as fetched 2026-10-10; 3339720 bytes, sha256 61bbba76fd55c4b89e8f2aaf073ca274d1bc27cc4fb94111264286bf177d5ca4; 111 pages) with the shared verbatim composer (v2 reflow) chapter by chapter - Chapters 1, 2, 3, 6, 7, 8 and 9 (PDF pages 7 to 19; 20 to 28; 29 to 33; 36; 37 to 59; 60 to 69; 70), each beginning at the top of a page, and Appendix 8.5, the Meet and Confer Orders Rule 8.5 requires (page 80): each page's running header (“Superior Court of California, County of Humboldt”) and footer (the page number) removed as chrome; lines reflowed into the rules' paragraphs; no struck run on any of the 111 pages (review/strike-report-2026-10-10.txt); 4 whitespace-only fixes (build/book-fixes.json: two lines the reflow broke inside a sentence before a cross-reference - Rule 2.9(e)'s “Local Rule 2.9” and Rule 3.4(b)'s “subparagraph (a)” - set back to a space, and Rule 2.10's attorney fee schedule, whose five right-aligned rows the reflow ran together in pairs, set a row a line as the page prints them; the vertical-gap, short-line and false-break audits find no other); no same-character fix; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover, the table of contents, Chapters 4 and 5 (each “RESERVED”), the appendices' forms other than Appendix 8.5, the lists of forms by number and by name, the list of effective dates and the index belong to no card. Review note: Rule 7.30(b)(5) ends with a printed backslash ("Welfare and Institutions Code §6552.\") and Rule 7.47's history note is printed without its closing parenthesis; both are carried as printed. The table of contents titles Rule 7.4 "Access to Juvenile Records by Court Designated Child Advocates"; the card carries the heading the rule prints.
Division XI: information forms for data processing (Rule 11.2); required action - action taken on all calendared cases and a future date always set (Rule 11.19); and pro tem judges - an attorney named as a plaintiff in a civil or small claims case may not sit as a judge pro-tem during the case or within six months following its resolution, nor one named as a defendant in two or more such cases (Rule 11.22). Rules 11.1, 11.3 to 11.5, 11.7 to 11.18, 11.20 and 11.21 are repealed, and Rule 11.6 (voluntary arbitration; see Local Rule 10.2) was repealed and renumbered.
California > First Appellate District > Humboldt County > Superior Court of California, County of Humboldt
CHAPTER 7 - JUVENILE COURT RULES 7.1 Preliminary Provisions (a) These rules, together with the rules promulgated by the Judicial Council for the Juvenile Courts, the Welfare and Institutions Code, those sections of other codes specifically made applicable to juvenile proceedings by the Welfare and Institutions Code, and case law shall be the controlling body of law, which shall govern proceedings in the Humboldt County Juvenile Court. (Eff. 07/01/2002; as amended eff. 07/01/2004, as amended eff. 01/01/2018) 7.2 Confidentiality of Juvenile Proceedings (a) Unless otherwise specified by statute, California Rules of Court, or by these Rules, all Juvenile Court dependency proceedings, and all documents connected with Juvenile Court dependency proceedings, are confidential. Details of courtroom proceedings and the identities of children shall not be disclosed to persons other than those having a direct and legitimate interest in the proceedings. (b) Penal Code §1054.2 shall be applicable to attorneys who represent children in proceedings under Welfare and Institutions Code §602. (Eff. 07/01/2002; as amended eff. 07/01/2004; as amended eff. 01/01/2018) 7.3 Discovery of Juvenile Records (a) Except as indicated within this rule, in all cases in which a person or agency seeks access to Juvenile Court records, including records maintained by the Juvenile Court Clerk, the Probation Department or Child Welfare Services, the person or agency shall file a Petition for Disclosure (JV-570) with the Supervising Judge of the Dependency Court. The petition shall set forth with specificity the materials sought and the relevance of the materials to the underlying action. The Petition shall be supported by a declaration of counsel and if necessary a memorandum of points and authorities. (b) In all cases in which a person or agency seeks records held by law enforcement, including police reports regarding children who are the subject of juvenile court proceedings, the person or agency shall file a request pursuant to the Police Report Request Form. (c) The person or agency seeking the records shall give notice to all necessary parties (see form JV-570). (d) Individuals and agencies authorized pursuant to Welfare and Institutions Code §827 to inspect and/or copy juvenile case files must file a Declaration in Support of Request to Inspect and/or Copy Juvenile Court Records without a Court Order. This Form can be found on the Court’s website: www.humboldt.courts.ca.gov, or at the Clerk’s Office located in the Humboldt County Courthouse at 421 I Street, Eureka, California. (Eff. 07/01/2002; as amended eff. 07/01/2004; as amended eff. 01/01/2018; as amended eff. 01/01/2023) 7.4 Access to Probation Department and Department of Family and Children’s Services Records by Court Designated Child Advocates (a) For the purposes of implementing the Child Advocate Program, volunteers serving in the program are considered Court Personnel as that term is used in Welfare and Institutions Code §827. They shall have access to Probation Department and Department of Family and Children’s Services files and information contained therein needed to carry out their responsibilities as Court appointed advocates. (b) Any release to the Probation Department or the Department of Family and Children’s Services pursuant to this rule of information made confidential by Welfare and Institutions Code §10850 shall be considered a disclosure for purposes directly connected with the administration of public social services as that term is used in Welfare and Institutions Code §10850. (c) Except as contained in their Court reports and in their dealings with the parties in the particular case, the advocates are prohibited from releasing any information they gain from inspection of said files. (Eff. 07/01/2002; as amended eff. 07/01/2004; as amended eff. 01/01/2018) 7.5 Release of Records to Parties and Their Attorneys (a) Any party or their attorney in any Welfare and Institutions Code §300 matter shall be given access to all records relating to the child which are held by the Juvenile Court Clerk. Said party or counsel shall also have the right to secure copies of such records. The party or counsel shall be responsible for the cost of any copying, unless the party is indigent or the counsel is court appointed. (b) The party, counsel or investigator shall fill out and present a Declaration regarding the request for records. A copy of the Declaration shall be filed in the Court File. (Eff. 07/01/2002; as amended eff. 07/01/2004; as amended eff. 01/01/2018) 7.6 Release of Court Reports to Court-Approved Mental Health Evaluators Where the Court has ordered a mental health or psychological evaluation of a child, the Court-approved evaluator shall be given a copy of relevant Court reports relating to the child, unless the Court makes a specific order to the contrary in the referral. (Eff. 07/01/2002; as amended eff. 07/01/2004; as amended eff. 01/01/2018) 7.7 Appearances and Daily Courtroom Practice (a) Attorneys who handle Juvenile Court proceedings should realize that parents and children appearing in these matters are often confused and unfamiliar with the Court process and need personal support and understanding as well as advocacy. Attorneys should view the child as the focus of court-related activities and develop a child-sensitive approach to their practice before this court. (b) Attorneys with matters in Juvenile Court are to be punctual. A conflicting appearance in another court shall not constitute an excuse for tardiness or absence. (c) Counsel may request a priority on the Court’s calendar by advising the clerk of the case title and calendar number prior to the first calendar call. Counsel shall notify the other counsel and/or parties of said request. Counsel is expected to state to the Court the reason for the calendar priority. (d) Unless excused by the Court, each party and attorney shall attend each scheduled Juvenile Court hearing. (e) After the Court calls the case on the record, each attorney will state their name, the name of the party they represent, and whether or not their client is present. (Eff. 07/01/2002; as amended eff. 07/01/2004; as amended eff. 01/01/2018) 7.8 Representation of Parties: Experience, Training, and Education of Attorneys (a) All attorneys appearing in juvenile dependency proceedings must meet minimum standards of competence as set forth in California Rules of Court rule 5.660. (b) Any attorney appearing in a dependency matter for the first time shall complete and submit a Certificate of Competency to the Court within ten (10) days of his or her first appearance in a dependency matter. The form is available on the Court’s website at: www.humboldt.courts.ca.gov. (Eff. 07/01/2002; as amended eff. 07/01/2004; as amended eff. 01/01/2018) 7.9 Representation of Parties: Complaints (a) Any party to a juvenile proceeding may lodge a written complaint with the Court concerning the performance of his/her appointed attorney in a Juvenile Court proceeding as follows: (1) Complaints or questions shall initially be referred to that attorney’s supervisor within the agency, association or law firm appointed to represent the client. (2) If the issue remains unresolved or if there is no designated agency, association or law firm, the party may submit a written complaint to the Court in which the matter is pending. The Court shall within ten (10) days conduct its own review of the complaint or question. That review may include a hearing in chambers. The Court may take any appropriate action required, including relieving counsel and appointing new counsel and/or holding a formal hearing on the matter. (b) In the case of a complaint concerning the performance of an attorney appointed to represent a child, the complaint may be lodged by the child or on the child’s behalf by the social worker, a caretaker, a relative, a foster parent, or a child advocate. (Eff. 07/01/2002; as amended eff. 07/01/2004; as amended eff. 01/01/2018) 7.10 Representation of Minors: Access to Minors Petitioned Pursuant to Welfare and Institutions Section 300 No party, attorney, or advocate in a dependency proceeding shall interview the child about the events relating to the allegations in the petition(s) on file without permission of the child’s attorney or Court order. No party or attorney shall cause a minor to undergo a physical, medical, or mental health evaluation without prior approval of the Juvenile Court. This Rule does not apply to the investigating probation officer or investigating social worker prior to the establishment of jurisdiction. (Eff. 07/01/2002; as amended eff. 07/01/2004; as amended eff. 01/01/2018) 7.11 Presence of Children in Court (a) All children are entitled to attend Court hearings. Every child four (4) years or older shall be told of his or her right to attend Court hearings by the supervising social worker or child’s attorney. (b) All children shall attend Court hearings unless excused for one of the listed reasons: (1) the child’s attorney waives the child’s appearance; (2) the child chooses not to attend; (3) The child is excused by the Court; or (4) the child is disabled, physically ill, or hospitalized. (c) If the child is present, the judicial officer hearing the case may view and speak with the child. (Eff. 07/01/2002; as amended eff. 07/01/2004; as amended eff. 01/01/2018) 7.12 Hearing in Absence of Parents and Parties (Dependency) The best interests of the child and the legislative intent require that juvenile dependency cases proceed in a timely manner. Accordingly, it is court policy that matters proceed as scheduled on the date set. The Court shall advise parties who appear at proceedings that their failure to appear at a future hearing may result in the Court proceeding in their absence on that date and that such proceedings may result in a ruling against them. Such an adverse ruling may include, but is not limited to: (a) Jurisdictional findings that a child comes within the provisions of Welfare and Institutions Code §300; (b) Dispositional orders requiring out-of-home placement of a child; (c) Establishment of a plan for termination of parental rights, adoption, guardianship, or long-term foster care. (Eff. 07/01/2002; as amended eff. 07/01/2004; as amended eff. 01/01/2018) 7.13 Objection to the Sufficiency of the Petition (Demurrer) (a) In any dependency proceeding the Court may entertain a pre-hearing challenge to the petition’s sufficiency by a motion akin to a demurrer. Such a motion may be made in writing or orally, but must be made as early in the proceedings as possible. (b) 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 points and authorities from counsel. (c) 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 within the statutory time for the hearing on jurisdiction. (Eff. 07/01/2002; as amended eff. 07/01/2004; as amended eff. 01/01/2018) 7.14 Amended Petition (a) The petition may be amended without leave of court, by filing the amended petition and serving a copy on all parties no later than the pretrial hearing and thereafter by leave of court. (b) By agreement of all parties or their counsel, petitions may be amended at any time before hearing. (c) Except as otherwise provided by law, the Court shall not amend the petition over the objection of the petitioner. (Eff. 07/01/2002; as amended eff. 07/01/2004; as amended eff. 01/01/2018) 7.15 Pre-hearing Discovery (Dependency) (a) Pre-hearing discovery shall be conducted informally, except as provided by statute, claim of privilege or other good cause. The existence of all relevant material held by any party shall be disclosed in a timely fashion to all parties to the litigation or made available to all the parties upon request. In contested proceedings, the social worker delivered service logs shall be made available to all counsel five (5) court days before the hearing unless otherwise ordered by the Court. (b) Only after all informal means have been exhausted may a party move the Court for an order requiring disclosure. The motion shall identify with specificity the information sought, and state the efforts, which have been made to obtain the information through informal means, along with reasons supporting the relevance and materiality of such information. No motion shall be accepted for filing or heard unless accompanied by a declaration by the moving party or their counsel setting forth the following: (1) That the request for discovery was made at least five (5) court days prior to the date of the filing of the motion; (2) The response, if any, to the request of the party or their counsel; (3) That the movant has met and conferred with the party to whom the request was directed or their counsel or the facts showing that movant attempted, in good faith, to meet and confer with such party or his/her counsel. (c) Files released by the Department of Social Services pursuant to informal discovery, or after a formal motion to compel discovery has been brought, shall be subject to the following protective order unless said general order is modified by a judicial officer: (1) Use of records and information obtained from the Department of Social Services for use in the Juvenile Court proceeding is limited to that proceeding only. (2) Counsel for the parties may make such copies of the records and information obtained from the Department of Social Services as is necessary for the preparation and presentation of the case. (3) Records and information received from the Department of Social Services in discovery proceedings are to be kept in a confidential manner and shall not be released, directly or indirectly, to members of the media or to other individuals not directly connected with the Juvenile Court proceeding. (4) Said records and information may be reviewed by the parties, their counsel, and any investigator or expert witness retained by counsel to assist in the preparation of the case. Any such person reviewing the records or information shall be made familiar with the terms of this rule. (d) Civil Discovery: In order to coordinate the logistics of any such discovery, 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. (e) In dependency proceedings social reports prepared by the probation officer or social worker must be available to all counsel as required by law. Such reports may be placed in designated court boxes or mailed to counsel. (f) In contested proceedings the social worker log notes shall be made available to all counsel five (5) court days before the hearing unless otherwise ordered by the Court. (g) The name of any experts to be called by any party and copies of their reports shall be made available to all parties. (Eff. 07/01/2002; as amended eff. 07/01/2004; as amended eff. 01/01/2018) 7.16 Request for Transcripts In any juvenile case a party requesting a reporter’s transcript shall file a written request for an order with proof of service on all parties or their counsel. It is counsel’s responsibility to serve the appropriate reporter with a copy of the signed order. (Eff. 07/01/2002; as amended eff. 07/01/2004; as amended eff. 01/01/2018) 7.17 Peremptory Challenge Counsel is presumed to know that any juvenile matter shall be heard by the judicial officer regularly assigned to juvenile matters. Any peremptory challenge to the judicial officer regularly assigned to juvenile matters must be made in writing and shall be served on all parties, or their attorneys of record, no less than ten (10) calendar days prior to the trial or hearing. Any peremptory challenge to the regularly assigned judicial officer not made in accordance with this rule shall be denied as untimely. This rule shall have no application to a peremptory challenge of a judicial officer who is someone other than the judicial officer regularly assigned to juvenile matters. Code of Civil Procedure §170.6 shall apply in those cases. (Eff. 07/01/2002; as amended eff. 07/01/2004; as amended eff. 01/01/2018) 7.18 Use of Social Worker’s or Probation Officer’s Reports at Contested Hearings in Juvenile Matters At a jurisdictional or dispositional contested hearing, the Court shall receive into evidence any social worker’s or probation officer’s report. The receipt of the report into evidence shall be subject to the following requirements: (a) The report must have been filed with the Court and served on the parties or their counsel as required by law unless otherwise ordered by the Court. (b) The social worker or probation officer who prepared or supervised the preparation of the report must be available to testify at the contested hearing if counsel for the petitioner intends to offer the report into evidence. (c) For purposes of the contested hearing only, the Court shall strike any portion of the report containing anonymous information. (d) Not less than five (5) court days prior to the contested hearing, unless otherwise ordered by the Court, the social worker or the probation officer must, upon request, either provide the address and/or telephone number, if known, of any specific person whose statement is included in the report or make such person available for cross-examination at the contested hearing. (e) If the social worker or probation officer, pursuant to subdivision (d), of this rule has provided the address of a witness to the parent, guardian, child or their counsel and such parent, guardian, child or counsel presents evidence of unsuccessful attempts and due diligence to subpoena such witness for the contested hearing and the Court finds that there has been due diligence, the Court may strike, for purposes of the contested hearing only, the statements of such witness from the report. In the alternative, the Court may grant a continuance for a period not to exceed ten (10) court days for the parties to attempt to subpoena or make such witness available for testimony at the contested hearing. The Court shall not grant more than one such continuance in any matter. (f) For purposes of this rule, attachments and addenda to the social worker’s or probation officer’s report shall be considered part of their report and shall be received into evidence provided that such attachment and/or addenda are relevant to the contested issues, further provided that the social worker or probation officer has referred to portions of any attachment in the body of the report, the social worker or probation officer used the attachment as part of the basis of any conclusion or recommendation made in the report, and the requirements of subdivisions (a) through (f) of this rule have been met. (Eff. 07/01/2002; as amended eff. 07/01/2004; as amended eff. 01/01/2018) 7.19 Reports with Psychological Evaluations If the social study report has an attached psychological evaluation, copies of the evaluation shall accompany only those reports going to counsel and the Court. Counsel for each party shall determine if release to counsel’s client is appropriate or, in the alternative, whether a discussion summarizing the evaluation would be in the party’s best interest. (Eff. 07/01/2002; as amended eff. 07/01/2004; as amended eff. 01/01/2018) 7.20 Requirements and Procedures for Motions other than Motions to Continue (a) Moving party must serve the notice of motion and motion, points and authorities, and all supporting documents upon all other counsel in the case at least ten (10) calendar days before the date of the hearing if personally served, or fifteen (15) calendar days before the hearing if served by mail. Service in court boxes by noon shall be considered personal service. (b) If opposing counsel plans to file points and authorities or any other documents in opposition to the motion, the documents must be filed with the Clerk’s Office and served no later than five (5) court days before the date set for hearing. Failure to file an objection shall result in the motion being determined without a hearing. (c) All reply papers must be filed and personally served no later than two (2) court days before the hearing. (d) The notice of motion must include, under the title of the motion, the date and time of hearing, and the courtroom in which the motion shall be heard. (e) The motion shall be submitted on the pleadings unless the Court, for good cause shown, or on its own motion, grants an argument or an evidentiary hearing. (f) No noticed motion shall be accepted by the Clerk’s Office unless it is accompanied by a proof of service. (Eff. 07/01/2002; as amended eff. 07/01/2004; as amended eff. 07/01/2017; as amended eff. 01/01/2018) 7.21 Ex Parte Applications and Orders (a) Ex parte orders are rendered without giving the opposing party an opportunity to be heard. Before submitting ex parte orders to a judge or commissioner for approval, the applicant must give notice to all counsel, social workers, and parents who are not represented by counsel or explain the reason notice has not been given. (b) The party requesting ex parte orders must inform the judge or commissioner that notice has been given by completing a declaration of that fact. The original Declaration and accompanying Application for Order must be submitted to the courtroom clerk in the juvenile department where the pending action would normally be heard. (c) Upon receipt of the application and declaration of notice, the courtroom clerk will note the date and time received in the upper right corner of the declaration. In order to give opposing parties ample time to respond to the ex parte application, the courtroom clerk will hold the application for twenty-four (24) hours prior to submission to the judicial officer for their decision. (d) An opposing party must present any written opposition to a request for ex parte orders to the courtroom clerk within twenty-four (24) hours of receipt of notice. The Court may render its decision on the ex parte application or set the matter for hearing. The applicant is responsible for serving all noticed parties with copies of the Court’s decision or notice that the Court has calendared the matter, and the applicant shall notify all parties of any hearing date and time set by the Court. (e) Whenever possible, courtesy copies of the moving and responding papers and declarations re notice shall be served on the attorney for each parent, attorney for the child, county counsel, supervising social worker, de-facto parent, tribe, and parents who are not represented by counsel. (f) Notice may be excused if the giving of such notice would frustrate the purpose of the order or cause the child to suffer immediate and irreparable injury. (g) Notice may also be excused if, following a good faith attempt, the giving of notice is not possible, or if the opposing parties do not object to the requested ex parte orders. (Eff. 07/01/2002; as amended eff. 07/01/2004; as amended eff. 01/01/2018) 7.22 Petitions for Modification of Orders: More Restrictive Placement (Dependency) Any motion by petitioner to modify an existing order to a more restrictive placement shall be implemented pursuant to Welfare and Institutions §387 and California Rules of Court, Rules 5.560(c) and 5.565. (Eff. 07/01/2002; as amended eff. 07/01/2004; as amended eff. 01/01/2018) 7.23 Petitions for Modification of Orders: Less Restrictive Placement (Dependency) Any motion by an interested party to modify the Court’s orders to a less restrictive placement shall follow the procedures outlined in Welfare and Institutions Code §388 and California Rules of Court, Rules 5.560 and 5.570. (Eff. 07/01/2002; as amended eff. 07/01/2004; as amended eff. 01/01/2018) 7.24 Petitions for Modification of Orders: Decrease in Visitation by Parent/Party (Dependency) 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. (Eff. 07/01/2002; as amended eff. 07/01/2004; as amended eff. 01/01/2018) 7.25 Petitions for Modification of Orders: Temporary Removal Out of State Permission for a dependent child’s caretaker to take the child out of State for any reason may be submitted directly to the Court for approval. Any attempts to notify the parents shall be indicated in the application. (Eff. 07/01/2002; as amended eff. 07/01/2004; as amended eff. 01/01/2018) 7.26 Petitions for Modification of Orders: New Service Plan Requirements Any significant changes or additions to the service plan for parents/guardians shall be submitted to them for approval before implementation. If the parent disagrees with the new requirements, the Department shall request a hearing with the Court on the matter. (Eff. 07/01/2002; as amended eff. 07/01/2004; as amended eff. 01/01/2018) 7.27 Notice re: Change in Placement In order to ensure that proper notice is received by attorneys for parents and children of any change in a child’s placement after the original dispositional hearing: (a) In non-emergency situations, the Department shall give notice at least five (5) working days prior to the change in placement. (b) Prior to removal of a child from one county to another, the Department shall provide notice at least ten (10) working days unless emergency circumstances prevent such notice. (c) In emergency circumstances the Department shall give notice immediately and in no case later than 48 hours (two working days) following the child’s change in placement. (d) Notice may be given in writing or orally and by telephone. (e) The child’s counsel shall be informed immediately of the reasons for the change in placement, and the address, phone number and name of caretaker of the child. (Eff. 07/01/2002; as amended eff. 07/01/2004; as amended eff. 01/01/2018) 7.28 Appointment of Experts (Dependency) (a) Where a party cannot afford to employ an expert, and an expert is necessary to enable counsel to properly represent the party, counsel may apply ex parte for the appointment of an expert for the purpose of (1) assisting counsel in case preparation, and/or (2) testifying at the jurisdiction, disposition, or other hearing. (b) The application shall be made in writing and shall be heard in the department where the case is pending. If the application is granted, the moving party shall prepare an order for the judge’s signature. (c) No expert fee shall be paid by the Court unless counsel has received prior approval. (d) When a party decides to have an expert testify at any contested hearing, that party shall make available to all other parties, at least five (5) court days before date set for hearing, copies of the expert’s report, if any. (Eff. 07/01/2002; as amended eff. 07/01/2004; as amended eff. 01/01/2018) 7.29 Procedures for Establishing Paternity (a) The issue of paternity of a minor may be determined in the context of a Juvenile Court proceeding, if paternity had not otherwise been established. (b) 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 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. The Court shall also advise the person claiming to be father of his right to a trial and to have blood tests prior to any judicial determination of paternity. (c) The alleged father’s attorney shall file a Statement Regarding Paternity using Judicial Council form JV-505. (d) The Court shall permit such evidence to be taken as necessary to determine the paternity of the child. Testimony from the mother and the person claiming to be the biological father may be sufficient to make a paternity finding. If the mother or the person claiming to be father is absent 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) After the Court determines the paternity of a child, a JV-501 form shall be completed by the Court and the court clerk shall forward a copy to the local child support enforcement agency. (Eff. 07/01/2002; as amended eff. 07/01/2004; as amended eff. 01/01/2018) 7.30 Determining the Mental Status of a Child (a) Inquiry into the mental competence of a child who is the subject of a Welfare and Institutions Code §600 proceeding: (1) If, during the pendency of an action, a doubt arises in the mind of the judge as to the mental competence of the child, the judge shall state that doubt on the record and inquire of the attorney for the child whether, in the opinion of the attorney, the child is mentally competent. If the child is not represented by counsel, the Court shall appoint counsel. At the request of the child or the child’s counsel or upon its own motion, the Court shall recess the proceedings for as long as may be reasonably necessary to permit counsel to confer with the child and to form an opinion as to the mental competence of the child at that point in time. (2) If counsel informs the Court that counsel believes the child is or may be mentally incompetent, the Court shall order that the question of the child’s mental competence is to be determined in a hearing. If counsel informs the Court that counsel believes the child is mentally competent, the Court may nevertheless order a hearing. (3) When an order for a hearing into the present mental competence of the child has been issued, all proceedings shall be suspended until the questions of the present mental competence of the child has been determined. However, the Court may hear any matter, which is capable of fair determination without the personal participation of the child. (b) Inquiry into the mental status of a child who is the subject of a Welfare and Institutions Code §300 proceeding: (1) If the Juvenile Court, after finding that the child is a person described by Welfare and Institutions Code §300, is in doubt concerning the state of mental health or the mental condition of the child, the Court may continue the hearing and proceed pursuant to Welfare and Institutions Code §§6550 through 6552. (2) Whether committed under Welfare and Institutions Code §§6550-6551 or Penal Code §4011.6, the dependent may be detained up to an additional fourteen (14) days under either Welfare or Institutions Code §5250, or Welfare and Institutions Code §5260. The child is entitled to a probable cause hearing if held beyond the initial 72-hour period. (3) After either the 72 hours of observation and treatment or the fourteen (14) days of intensive treatment, the dependent may be detained up to an additional fourteen (14) days for further intensive treatment under Welfare and Institutions Code §5160, or up to an additional 180 days under Welfare and Institutions Code §5300. (4) A dependent child may be held temporarily in the locked psychiatric ward of Humboldt County Mental Health, or in any hospital whose services have been approved and/or contracted by the Department of Mental Health of the County, for observation and recommendation concerning the future care, supervision, and treatment of such person when the Court believes the dependent is mentally ill or when the Court is in doubt about the dependent’s mental health. A hearing is required under due process and equal protection principles in order to safeguard the child’s right to liberty. The dependent is not to be subjected to inappropriate treatment or treatment not allowed under the Lanterman-Petris-Short Act. Confinement of a dependent child for purposes other than temporary observation can be accomplished only by dismissal of dependency and referral for commencement of Lanterman-Petris-Short Act proceedings. (5) A child who has been declared to be within the jurisdiction of the Juvenile Court, may with the advice of counsel, make voluntary application for in-patient or out-patient mental health services as outlined by Welfare and Institutions Code §6552.\ (6) Children fourteen (14) years of age and older. i. Any dependent of the juvenile court, aged fourteen (14) or older, who is gravely disabled as a result of a mental disorder shall not be placed against his/her will in a locked mental health facility absent the procedural protections of the L.P.S. Act and/or the Welfare and Institutions Code (See Welfare and Institutions Code §702.3). ii. The Juvenile Court cannot place a gravely disabled dependent of the Court over the age of fourteen (14) in a locked facility involuntarily by appointing one of its own officers as the guardian of the child to consent to “voluntary” admission of the child under Welfare and Institutions Code §6000(b); nor may the parent of the child consent to such a “voluntary” admission. (Eff. 07/01/2002; as amended eff. 07/01/2004; as amended eff. 01/01/2018) 7.31 Authorization for Use of Psychotropic Drugs (a) Psychotropic medications may only be administered to a child pursuant to court order. (b) The Court may delegate to a parent or legal guardian the authority to consent to psychotropic medications for the child. The Court will only delegate this authority to a parent or legal guardian by specific order after finding on the record that the parent poses no danger to the child and the parent has the capacity to authorize psychotropic medications in the child’s best interest. The appropriate Judicial Council form shall be used to make a request to the Court for delegation of this authority. Any opposition shall be made on the appropriate Judicial Council form and must be made within two (2) court days of the notice of the application for order. The order for authorization is effective until terminated or modified by court order or until 180 days from the order, whichever is earlier. (c) The Court itself may authorize the administration of psychotropic Medications. Application for an order authorizing the administration of psychotropic medications shall be made on the appropriate Judicial Council form with information provided from a physician. Any opposition shall be made on the appropriate Judicial Council form and must be made within two (2) court days of the notice of the application for order. The order for authorization is effective until terminated or modified by court order or until 180 days from the order, whichever is earlier. (Eff. 07/01/2002; as amended eff. 07/01/2004; as amended eff. 01/01/2018) 7.32 HIV/AIDS Testing Procedure for Dependent Children (a) Confidentiality: Information regarding HIV test results and/or HIV/AIDS status is confidential and not to be revealed without authorization. Information concerning HIV test results and/or HIV/AIDS status is not to be disclosed orally, in correspondence or in social workers’ reports. (b) Motion for HIV Test: A party may file a motion requesting the Juvenile Court to order that a high-risk dependent child have an HIV test pursuant to Health and Safety Code §199.27. (1) This motion shall be filed only when a parent/guardian or child twelve (12) years of age or over does not consent to the test being performed. (2) The motion shall be filed ex parte, without notice to other parties. (3) The ex parte motion shall be sent to the Court in a sealed envelope addressed to the judge. The ex parte motion, the order, and any information released to the Court dealing with HIV/AIDS shall be kept in the Court file in a sealed envelope and marked, “Confidential for Judge Only.” (4) The motion shall include an affidavit explaining why consent could not be obtained, describing the risk factors for the child, and identifying proposed recipients of the test results. (5) The persons to whom the test results may be released shall include the assigned social worker, the child’s attorney, and anyone else named in the order. The order for HIV testing and disclosure of test results shall be returned to the party who filed the motion in a sealed envelope marked confidential. (6) If the test results need to be released to someone not identified in the order, another ex parte motion requesting a court order for further disclosure shall be filed. (Eff. 07/01/2002; as amended eff. 07/01/2004; as amended eff. 01/01/2018) 7.33 Guardianship Proceedings A guardianship involving a child who is the subject of a delinquency or dependency proceeding shall be filed and heard in Juvenile Court. In all other aspects, such guardianship proceedings shall be conducted according to the same procedure as are guardianships not involving delinquent or dependent children. (Eff. 07/01/2002; as amended eff. 07/01/2004; as amended eff. 01/01/2018) 7.34 Procedure by Which Any Person May Request that a Minor be Brought Under the Protection of the Juvenile Court (a) Applications pursuant to Welfare and Institutions Code §329 shall be directed to Child Welfare Services and not to the Probation Department. (b) When Child Welfare Services fails to file a petition in response to a Welfare and Institutions Code §329 application, the procedure for applying to the Juvenile Court for an order that Child Welfare Services commence dependency proceedings shall be as follows: (1) Where the child is already the subject of a delinquency, guardianship, or conservatorship proceeding, the application to the Court shall be filed as part of that proceeding. (2) Where there is no case pending concerning the child, the applications shall be directed to the judge of the Juvenile Court. The judge shall order the clerk to open a juvenile file in the matter and shall render a decision pursuant to Welfare and Institutions Code §331. Said decision may be reached with or without a hearing, at the Court’s discretion. (Eff. 07/01/2002; as amended eff. 07/01/2004; as amended eff. 01/01/2018) 7.35 Parents’ Financial Responsibility for Out-of-Home Care for Children (a) The parents of a child who is subject to the jurisdiction of the Juvenile Court are liable for the reasonable costs of support of the child whenever the child is placed out of the home pursuant to an order of the Juvenile Court (Welfare and Institutions Code §903). (b) At the arraignment/detention hearing, Child Welfare Services shall attach an Income and Expense Declaration to the petition and include a recommendation that the Court order the parents to complete the declaration, make an immediate appointment with the District Attorney/Family Support Office, and proceed to that appointment taking with them the completed document, any tax returns, and pay stubs that they may have. (c) The services agreement prepared by Child Welfare Services shall specify the share of cost (if any) the parents are expected to pay for recommended services. (d) The Office of Family Support shall utilize this service cost information as part of the dollar for dollar hardship deduction in determining the parents’ financial responsibility. (Eff. 07/01/2002; as amended eff. 07/01/2004; as amended eff. 01/01/2018) 7.36 Child Advocate Program (a) The Juvenile Court may appoint child advocates to represent the interests of dependent or delinquent children. Such appointments shall be made as early in the proceeding as possible. In order to qualify for appointment the child advocate must be trained by and function under the auspices of a Court Appointed Special Advocate program, formed and operating under the guidelines established by the California Judicial Council. (b) The advocate program shall report regularly to the Presiding Judge of the Juvenile Court 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, in compliance with Welfare and Institutions Code §§100-109 and California Rules of Court, Rule 5.655. (Eff. 07/01/2002; as amended eff. 07/01/2004; as amended eff. 01/01/2018) 7.37 Child Advocates (a) 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 (probation officer/social worker); (7) to the fullest extent possible, to communicate and coordinate efforts with the child’s attorney; 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 an order of the appropriate court, provide specific services as ordered on behalf of the child to such other courts or tribunals. (b) An advocate is an officer of the Court and is bound by these rules. Each advocate shall be sworn in by a Superior Court Judicial Officer before beginning his/her duties, and shall subscribe to the written oath set forth in the CASA Handbook. (c) The Court shall, in its initial order of appointment, and thereafter in subsequent orders as appropriate, specifically delineate the advocate’s duties in each case, which may include independent investigation of the circumstances of the case, visiting 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/her obligation to the child and the Court in accordance with the general duties set forth in these rules. (d) (1) A request for appointment of a child advocate in a dependency case may be made orally or in writing in open court or ex parte by the social worker, any party to the case or by the Court on its own motion. Unless there is opposition, the referral shall be forwarded to the child advocate program for screening and assignment. (2) When an appropriate child advocate has been identified, that person’s name shall be submitted to the Court for appointment. Copies of the order of appointment shall be served on all parties or their counsel. Pre-jurisdiction appointees shall follow the California CASA Early Assignment Protocol. (3) The child advocate serves at the pleasure of the Court, and the appointment of the child advocate may be terminated by the Court. Any party or the Director of the Child Advocate Program may file a motion for termination of a child advocate. The Court will determine whether there will be a hearing on such a motion. (4) Any child advocate with a grievance concerning termination may petition the Court for a hearing. Such petition shall include facts indicating that the child advocate has exhausted all remedies available to him or her within the Child Advocate program. The Court will determine whether there shall be a hearing on such a petition. (e) (1) A request for appointment of a child advocate in a delinquency case may be made orally or in writing in open court or ex parte by the probation officer or any party to the case, or by the Court on its own motion. If the Court grants the request, it shall order that the case be referred to Court Appointed Special Advocates (CASA) for screening. The order shall be transmitted to CASA by the courtroom Clerk. (2) When CASA receives a referral, it shall screen it, and if it determines that the child is suitable subject for the appointment of a child advocate and if there is a suitable child advocate available for appointment, CASA shall complete an application for the appointment of a designated child advocate and present the application ex parte to the referring Court which may then grant the application or set the matter for hearing. Copies of the order shall be served on all parties or their counsel. (3) The child advocate serves at the pleasure of the Court, and the appointment of the child advocate may be terminated by the Court. Any party or the Director of the Child Advocate Program may file a motion for termination of a child advocate. The Court will determine whether there will be a hearing on such a motion. (4) Any child advocate with a grievance concerning termination may petition the Court for a hearing. Such petition shall include facts indicating that the child advocate has exhausted all remedies available to him or her within the child advocate program. The Court will determine whether there shall be a hearing on such a petition. (5) The child advocate shall work closely with the child’s attorney to insure the child’s rights are protected. (6) In delinquency cases, the child advocate shall investigate the services the child needs to refrain from further delinquent conduct. The child advocate shall not investigate jurisdictional issues or issues surrounding potential probation violations. The child advocate is not to assume the duties of a probation officer and is not expected to act as a law enforcement officer. (f) Reports (1) In all dependency proceedings when the child has an advocate, CASA reports shall be submitted to the Court for dispositional hearings; six, twelve, and eighteen month reviews; Welfare and Institutions Code §366.26 hearings and for each permanency planning review thereafter. (2) At least two (2) court days before the hearing, the CASA Report shall be served on all parties or their attorneys. A proof of service shall be attached to each report. (Eff. 07/01/2002; as amended eff. 07/01/2004; as amended eff. 01/01/2018) 7.38 Child Advocates: Release of Information to Advocate (a) The Judicial Officer 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. Copies of the order shall be served on all parties or their counsel. (b) An advocate shall have the same legal right to records relating to the child he/she is appointed to represent as any social worker or probation officer with regard to records pertaining to the child held by an 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/her request for access to specific records. (c) An advocate is a mandated child abuse reporter with respect to the case to which he/she is appointed. (d) There shall be ongoing, regular communication concerning the child’s best interests, current status, and significant case developments maintained among the advocate, social worker or probation officer, child’s attorney, attorneys for parents, relatives, foster parents and any therapist for the child. (Eff. 07/01/2002; as amended eff. 07/01/2004; as amended eff. 01/01/2018) 7.39 Child Advocates: Right to Timely Notice In any motion concerning the child, the moving party shall provide the advocate timely notice. (Eff. 07/01/2002; as amended eff. 07/01/2004; as amended eff. 01/01/2018) 7.40 Child Advocates: Visitation Throughout Dependency An advocate shall visit the child regularly until dependency is terminated. (Eff. 07/01/2002; as amended eff. 07/01/2004; as amended eff. 01/01/2018) 7.41 Child Advocates: Family Law Advocacy Should the Juvenile Court dismiss dependency and create family law orders pursuant Welfare and 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 family law duties in the family law custody orders. (Eff. 07/01/2002; as amended eff. 07/01/2004; as amended eff.01/01/2018) 7.42 Guardian ad Litem (a) For Children (1) All children who are the subject of Juvenile Court proceedings shall have a guardian ad litem appointed to represent them. (2) In most cases the child’s attorney or the child advocate shall be the guardian ad litem. (3) In case of a conflict of interest, the Court may appoint a different adult as guardian ad litem for the child. (b) For Parents (1) The Court shall appoint a guardian ad litem to represent any incompetent parent or guardian whose child is before the Juvenile Court pursuant to a dependency petition. (2) The determination of incompetency may be made by the Court at any time in the proceeding based upon evidence received from any interested party. (c) Notice to Guardian ad Litem, Access to Records, Right to Appear: (1) In all proceedings the guardian ad litem shall be given the same notice as any party. (2) The guardian ad litem shall have the same access to all records relating to the case as would any party. (3) The guardian ad litem shall have the right to appear at all hearings. (Eff. 07/01/2002; as amended eff. 07/01/2004; as amended eff. 01/01/2018) 7.43 Parental Visitation Before Detention Hearing (a) Any child taken into temporary custody shall have supervised visitation with one or both parents and guardians before the detention hearing takes place unless the social worker has a reasonable belief that the child or his or her temporary caretaker would be endangered. (b) Whenever a child is taken into temporary custody, the social worker shall inform the parent or guardian of the child’s condition and his or her general location and offer supervised visitation pursuant to subparagraph (a) above. (c) Immediately after a child is taken into temporary custody the social worker shall ensure that the child has regular telephone contact with his or her parent pursuant to Welfare and Institutions Code §308, unless that contact would be detrimental to the child. (d) If the social worker fails to follow the procedures listed in subparagraph (a) above, he or she shall note the reasons therefore in the papers prepared for the detention hearing. (Eff. 07/01/2002; as amended eff. 07/01/2004; as amended eff. 01/01/2018) 7.44 CAST Tapes/Protective Orders (a) Definitions: “C.A.S.T.” means the local multi-agency Child Abuse Services Team. “C.A.S.T. Tapes” means audio or videotapes of a child made by C.A.S.T. (b) No C.A.S.T. audio or videotapes of a child shall be disseminated without a protective order. The protective order shall include that: (1) All C.A.S.T. tapes provided to counsel may be viewed only by parties, their counsel, and counsels’ employees, investigators and experts for the purpose of Juvenile Court proceedings; (2) The tapes, or the substance of any portion thereof, shall not be divulged by any person subject to the protective order to any other person, except as necessary for the purpose of Juvenile Court proceedings; (3) The parties may not make any additional copies of the tapes without prior court order; (c) All C.A.S.T. tapes which are not in evidence with the Court or booked as evidence and retained by law enforcement shall be returned to the Court or to counsel for Child Welfare Services for destruction upon final disposition of the case. If there is an appeal, the tapes will be retained by counsel still subject to the protective order. (d) All parties receiving C.A.S.T. audio or videotapes shall sign a written Acknowledgment that the tape is subject to a protective order. An approved form for the Acknowledgment is attached and labeled (see Appendix 7.44(d)) and incorporated herein by reference. (e) The parties may stipulate that copies of C.A.S.T. tapes of a child be made available to the parties. An approved form of the stipulation is attached and labeled (see Appendix 7.44(e)) and incorporated herein by reference. (Eff. 07/01/2002; as amended eff. 07/01/2004; as amended eff. 01/01/2018) 7.45 Dependency Mediation (a) A dependency mediation session may be ordered by the Court on its own accord, or may be ordered by the Court upon request of any party, at any stage of the proceedings. (b) When the Court orders mediation, the courtroom clerk will provide the parties involved with the date, time and location where the mediation will take place. The clerk will also select the date and time for the parties to return from mediation and appear before the Court. (c) All parties are to prepare a Mediation Issue Statement, which is to be sent to the Dependency Mediation Coordinator and distributed to all other concerned parties, at least one week prior to mediation. (d) At the designated time and place, all parties shall meet with the Court appointed mediator. It is not required that all attorneys attend, but their review and acceptance of any agreement reached will be required before reporting back to Court. (e) Children may participate in mediation, to an extent and manner within the discretion of the child’s counsel. (f) All mediation sessions are confidential. No new information generated during the mediation session can be used in subsequent court proceedings, unless the information is such that a mandatory reporter would be required to report. (g) If an agreement is reached, it will be the responsibility of County Counsel to prepare the Agreement in final written form for submission to the Court at the next court date. All parties or their counsel involved in the mediation must review and sign any Agreement prior to its submission to the Court. (Eff. 07/01/2002; as amended eff. 07/01/2004; as amended eff. 01/01/2018) 7.46 Mental Health Evaluation of a Parent No party, attorney, or agency in a Juvenile Court proceeding shall cause a parent to undergo a mental health examination or evaluation without Court approval. (Eff. 07/01/2002; as amended eff. 07/01/2004; as amended eff. 01/01/2018) 7.47 Inquiry into Child’s Tribal Status Unless affirmatively noted in the Petition or Detention report, at Arraignment or the earliest time thereafter, the Court shall inquire of the parents and, when appropriate, the child, if the child and/or parent(s) are members of an Indian Tribe or are eligible for membership in an Indian Tribe. This will be done for the purpose of determining whether the Indian Child Welfare Act shall apply to the case. (Eff. 07/01/2002; as amended eff. 07/01/2004; as amended eff. 01/01/2018
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.