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Chapter 6 (Juvenile Proceedings), in four divisions: general provisions - attendance, the presence of minors, attorney competency and its certification (Rule 6.1.2), minimum standards of attorney education and training (Rule 6.1.3), standards of representation, informal discovery (Rule 6.1.5), ex parte applications on 24 hours' notice (Rule 6.1.6), petitions to modify court orders, authorizations for travel and medical care and emergency psychotropic medication applications (Rule 6.1.8), complaints against appointed attorneys (Rule 6.1.9) and interpreter requests; the Court Appointed Special Advocate program (Rules 6.2.0 to 6.2.12); dependency - visitation, informing the court of a dependent child's interests (Rule 6.3.1), production of DSS reports (Rule 6.3.2) and financial responsibility for attorney fees, with the juvenile dependency fee table (Rule 6.3.3); and delinquency - financial responsibility for attorney fees, with the juvenile delinquency fee tables at an hourly rate of 65.00 (Rule 6.4.0).
California > Fourth Appellate District > Imperial County > Superior Court of California, County of Imperial
Chapter 6 Juvenile Proceedings Division 1 General Provisions Rule 6.1.0 Attendance Unless excused by the Court, each party and attorney shall attend each scheduled Juvenile Court hearing. [Rule 5.28 adopted July 1, 2007, Rule 5.28 renumbered to 6.0 01/01/08, Rule 6.0 renumbered to 6.1.0 01/01/12] Rule 6.1.1 Presence of Minor (a) All minors shall attend Court hearings unless excused for one of the following reasons: (1) The minor’s attorney waives the minor’s appearance; (2) The minor chooses not to attend; (3) The minor is excused by the Court; or (4) The minor is disabled, physically ill, or hospitalized. (b) Every minor ten (10) years or older shall be told of his or her right to attend court hearings and all minors over the age of ten (10) shall be given notice by the investigating or supervising social worker. [Rule 5.29 adopted July 1, 2007, Rule 5.29 renumbered to 6.1 01/01/09, Rule 6.1 renumbered to 6.1.1 01/01/12] Rule 6.1.2 Attorney Competency (a) All attorneys who represent parties in juvenile court proceedings must be competent within the meaning of these rules. In order to be deemed competent, all attorneys who represent parties in juvenile court proceedings must meet the minimum standards of training and/or experience set forth in these rules and the CRC. (b) Each attorney of record for a party to a dependency matter who meets the minimum standards of training and/or experience must complete and submit a certification of competency (JV-01) to the Court Executive Officer within ten (10) days of his or her first appearance in a dependency matter. (c) Attorneys who meet the foregoing minimum standards of training and/or experience shall be deemed competent to practice before the Juvenile Court in dependency cases, except as provided otherwise herein. (d) Any attorney appearing before the Court in a dependency case who does not meet the minimum standards of training or experience shall notify the Court to that effect and shall have ten (10) days there from to complete the minimum requirements of these rules and the CRC. (e) If a Court appointed attorney fails to complete such training, the Court shall order that counsel deemed competent be substituted for said attorney. If counsel is retained, the Court shall notify the party that his or her counsel has failed to meet the minimum standards required by these rules. The determination whether to obtain substitute private counsel shall be solely within the discretion of the party so notified. (f) The Court may also determine, based on conduct or performance of counsel before the Court in a dependency case within the six-month period prior to the submission of the certification to the Court, that a particular attorney does not meet minimum competency standards. In such case, the Court shall not appoint such attorney to represent parties in juvenile dependency matters until the Court is satisfied the attorney meets the minimum competency standards. (g) In the case of an attorney who maintains his or her principal office outside of this county, proof of certification by the Juvenile Court of the California county in which the attorney maintains an office shall be sufficient evidence of competence to appear in a juvenile proceeding in this county. [Adopted July 1, 2007, Rule 6.4 renumbered to 6.1.2 01/01/12] Rule 6.1.3 Minimum Standards of Attorney Education and Training (a) The minimum training and educational requirements for attorneys representing parties in juvenile court proceedings are as follows: (1) Participation in at least eight hours of training or education in a juvenile dependency law, which training or education shall have included information on the applicable case law and statutes, the rules of court, Judicial Council forms, motions, trial techniques and skills, writs of appeal, child development, child abuse and neglect, substance abuse, domestic violence, family reunification and preservation, and reasonable efforts, or (2) At least six months of experience in dependency proceedings in which the attorney has demonstrated competence in the attorney’s representation of his or her clients in said proceedings. In determining whether the attorney has demonstrated competence, the Court shall consider whether the attorney’s performance has substantially complied with the requirements of these rules. (b) In order to retain his or her certification to practice before the Juvenile Court, each attorney who has been previously certified by the Court shall submit a new certificate of competency to the Court on or before January 31st of the third year after the year in which the attorney is first certified and then every third year thereafter. The attorney shall attach the renewal Certification of Competency as evidence that he or she has completed at least eight hours of continuing training or education directly related to dependency proceedings since the attorney was last certified. Evidence of completion of the required number of hours of training or education may include a copy of a certificate of attendance issued by a California MCLE provider, a certificate of attendance issued by a professional organization which provides training and/or education for its members, whether or not it is a MCLE provider, a copy of the training or educational program schedule together with evidence of attendance at such program, or such other documentation as may reasonably be considered to demonstrate the attorney’s attendance at such program. Attendance at a court-sponsored or approved program will also fulfill this requirement. (c) The attorney’s continuing training or education shall be in the areas set forth in these rules or in other areas related to juvenile dependency practice including, but not limited to, special education, mental health, health care, immigration issues, the rules of evidence, adoption practice and parentage issues, the Uniform Child Custody Jurisdiction Act, the Parental Kidnapping Prevention Act, state and federal public assistance programs, the Indian Child Welfare Act, client interviewing and counseling techniques, case investigation and settlement negotiations, mediation, basic motion practice and the rules of civil procedure. (d) When a certified attorney fails to submit evidence that he or she has completed at least the minimum required training and education to the Court by the due date, the Court shall notify the attorney that he or she will be decertified. The attorney shall have twenty (20) days from the date of the mailing of the notice to submit evidence of his or her completion of the required training or education. [Adopted July 1, 2007, Rule 5.33 renumbered to 6.5 01/01/09, Rule 6.5 renumbered to 6.1.3 01/01/12] Rule 6.1.4 Standards of Representation All attorneys appearing in dependency: (a) The attorney shall thoroughly and completely investigate the accuracy of the allegations of the petition or other moving papers and the court reports filed in support thereof. This shall include conducting a comprehensive interview with the client to ascertain his or her knowledge and/or involvement in the matters alleged or reported, contacting social workers and other professionals associated with the case to ascertain if the allegations and/or reports are supported by accurate facts and reliable information, consulting with and, if necessary, seeking the appointment of experts to advise the attorney or the Court with respect to matters which are beyond the expertise of the attorney and/or the Court, and obtaining such other facts, evidence or information as may be necessary to effectively present the client’s position to the Court. (b) The attorney shall determine the client’s interests and the position the client wishes to take in the matter. Except in those cases in which the client’s whereabouts are unknown, this shall include a comprehensive interview with the client. If the client is a minor child who is placed out of home, in addition to interviewing the child, the attorney shall also interview the child’s caretaker. The attorney or the attorney’s agent shall make at least one visit to the home. Thereafter, the attorney or attorney’s agent should make at least one visit to the child at the child’s placement prior to each review hearing. (c) The attorney shall advise the client of the possible courses of action and of the risks and benefits of each. This shall include advising the client of the risks and benefits of resolving disputed matters without the necessity for adhering to court mandated time limits. (d) The attorney shall vigorously represent the child within applicable legal and ethical boundaries. This shall include the duty to work cooperatively with other counsel and the Court, explore ways to resolve disputed matters without hearing if it is possible to do so in a way which is consistent with the client’s interest, and to comply with local rules and procedures as well as with statutorily mandated timelines. [Adopted July 1, 2007, Rule 5.34 renumbered to 6.6 01/01/09, Rule 6.6 renumbered to 6.1.4 01/01/12] Rule 6.1.5 Discovery (a) Pre-hearing discovery shall be conducted informally. Except as protected by privilege, all relevant materials shall be disclosed in a timely fashion to all parties of the litigation. (b) Only after all informal means have been exhausted may a party petition the Court for discovery. A noticed motion shall state the relevancy and materiality of the information sought and the reasons why informal discovery was not adequate to secure that information. (c) There shall be no depositions, interrogatories, subpoenas of juvenile records or other similar types of civil discovery without approval of the Juvenile Court upon noticed motion. (d) In contested proceedings, the social worker’s narratives and other relevant case records shall be made available to all counsel at least ten (10) calendar days before the hearing and any up-dated records two (2) calendar days before the hearing. In all other cases, such documents shall be made available at least two (2) calendar days prior to the hearing. (e) Upon timely request, parents, guardians and de facto parents shall disclose to all other parties such non-privileged material and information within their control which is relevant. (f) No party or attorney in a dependency proceeding shall interview the minor about the events relating to the allegations in the petition(s) on file without permission of the minor’s attorney or Court order. (g) No party or attorney in a dependency proceeding shall cause the minor to undergo a physical, medical or mental health examination or evaluation without Court approval. This rule does not apply to the DSS case manager or other authorized DSS social worker. (h) All attorneys representing parties in a dependency case in which child abuse has been alleged and other participants in the case, including a child advocate, shall attempt to minimize the number of interviews taken of the minor relating to the events surrounding the alleged abuse. Any person entitled to information about the alleged incident shall first review any previous information or reports made by the investigating officer(s). [Adopted July 1, 2007, Rule 5.36 renumbered to 6.8 01/01/09, Rule 6.8 renumbered to 6.1.5 01/01/12] Rule 6.1.6 Ex Parte Applications and Orders (a) Before submitting ex parte orders to the Court for approval, the applicant must give notice to all counsel, social workers, CASA, and parents who are not represented by counsel, or explain the reason notice has not been given. (b) Any party requesting ex parte orders must give all other parties at least 24 hours’ notice of any intention to seek an ex parte application, and complete a “Declaration Re notice of Ex Parte Application” form (JV-02) so indicating. The original declaration and accompanying application for order must be submitted to the clerk in the civil department. (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. (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 a decision on the ex parte application or set the matter for hearing. The applicant is responsible or 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 the moving and responding papers and declaration re: notice shall be served on the attorneys for each parent, attorney for the child, county counsel, supervising social worker 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 and 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. [Adopted July 1, 2007, Rule 5.38 renumbered to 6.10 01/01/09, Rule 6.10 renumbered to 6.1.6 01/01/12, subd (b) amended 01/01/14] Rule 6.1.7 Application for Modification of Court Orders (a) If relief is sought on an ex parte basis the Court shall either grant a hearing and assign a hearing date, or grant or deny the petition for modification outright. (b) After the judicial officer grants a hearing, the party who presented the petition for modification shall file the petition for modification and any supporting papers with the clerk’s office and serve copies of the filed petition for modification and any supporting papers on each party and the party’s counsel, if any. (c) If the judicial officer grants a hearing on the petition for modification and assigns a hearing date, the party who presented the petition for modification shall serve, no less than ten (10) calendar days prior to the assigned hearing date, the filed petition for modification and any supporting papers on each party and the party’s counsel, if any. If the petition for modification and any supporting papers are not served on each party or the party’s counsel, if any, in compliance with this rule, the hearing date may be taken off calendar. (d) Any party seeking an order temporarily granting the relief sought in a petition for modification pending the hearing on that petition, shall specify in the petition the fact that temporary relief is being sought and the specific nature of the temporary relief sought. Any such request for temporary relief shall be accompanied by evidence demonstrating that the order temporarily granting the relief sought in a petition for modification is in the best interests of the minor. [Adopted July 1, 2007, Rule 5.39 renumbered to 6.11 01/01/09, Rule 6.11 renumbered to 6.1.7 01/01/12] Rule 6.1.8 Authorizations for Travel, Medical and Dental Care (a) Unless counsel for a party has specifically requested advance notice of ex parte applications regarding 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 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. All such ex parte applications shall be filed no less than ten (10) 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/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; the fact the minors 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. (b) When presented with an ex parte application for order authorizing out-of-state travel or medical/dental care, the Court shall either grant the request and issue the order, or deny the request. If the Court issues the requested order authorizing out-of-state travel or medical/dental care the presenting party must present the application form and order to all counsel. Any party disagreeing with the order for out-of-state travel or medical/dental care shall place the matter on calendar for further consideration. (c) Emergency Psychotropic Medication Authorization. (1) Any Application for Psychotropic Medication shall be consistent with California Rule of Court 5.640. These local rules are adopted pursuant to California Rule of Court 5.640 (c)(5). (2) Upon receipt of a completed Application for Psychotropic Medication, the Clerk shall file and forward the document to the court. There shall be no ex parte waiting period. (3) Upon receipt of a completed Application for Psychotropic Medication, the court must approve, deny, or set the matter for a hearing within seven court days of the receipt of the document by the clerk. (4) Emergency Applications (A) An application for an Emergency Psychotropic Medication Authorization pursuant to California Rule of Court 5.640(i)(2) shall be designated as such by a colored coversheet indicating “EMERGENCY JV- 220” (B) The Office of the Juvenile Clerk shall immediately file and provide an Emergency JV-220 to the court within 24 hours. (C) Within 72 hours the court shall review, grant or deny the application, or set the matter for a hearing on the next juvenile calendar day. [Adopted January 1, 2007, Rule 5.40 renumbered to 6.12 01/01/09, Rule 6.12 renumbered to 6.1.8 01/01/12, subd (a) repealed 01/01/20, subd (b) renumbered to subd (a) 01/01/20, subd (c) renumbered to subd (b) 01/01/20, subd (c) adopted 01/01/20] Rule 6.1.9 Procedures for Reviewing and Resolving Complaints Against Attorneys (a) Any party to a juvenile court proceeding may lodge a written complaint with the juvenile presiding judge concerning the performance of his or her appointed attorney in a juvenile court proceeding. In the case of a complaint concerning the performance of an attorney appointed to represent a minor, the complaint may be lodged on the child’s behalf by the social worker, a caretaker relative or a foster parent. (b) Each appointed attorney shall give written notice to his or her adult client of the procedure for lodging complaints with the Court concerning the performance of an appointed attorney. The notice shall be given to the client within ten (10) days of the attorney’s appointment to represent the client. Evidence that a copy of said notice was given or mailed to the client shall be provided to the Court within ten (10) days of giving notice. In the case of a minor client, the notice shall be mailed or given to the current caretaker of the child. If the minor is twelve (12) years of age or older, a copy of the notice shall also be sent or given to the minor. (c) The Court shall review a complaint within ten (10) days of receipt. If the Court determines that the complaint presents reasonable cause to believe that the attorney may have failed to act competently or has violated local rules, the Court shall notify the attorney with a copy of the complaint and shall give the attorney twenty (20) days from the date of the notice to respond to the complaint in writing. (d) After a response has been filed by the attorney or the time for a submission of a response has passed, the court shall review the complaint and the response, if any, to determine whether the attorney acted contrary to local rules or has acted incompetently. The Court may ask the complainant or the attorney for additional information prior to making a determination on the complaint. (e) If, after reviewing the complaint, the response and any additional information, the Court finds that the attorney acts contrary to the rules of the Court, the Court may reprove the attorney, either privately or publicly, and may, in cases of willful or egregious violations of local rules, issue such reasonable monetary sanctions against the attorney as the Court may deem appropriate. (f) If, after reviewing the complaint, the response and any additional information, the Court finds that the attorney acted contrary to the required standards of representation, the Court may order that the attorney practice under the supervision of a mentor attorney for a period of at least six months, that the attorney complete a specified number of hours of training or education in the area in which the attorney’s conduct caused actual harm to his or her client, or both. In cases in which the attorney’s conduct caused actual harm to his or her client, the Court shall order that competent counsel be substituted for the attorney found to have been incompetent and may, in the Court’s discretion, refer the matter to the State Bar of California for further action. (g) The Court shall notify the attorney and the complaining party in writing of its determination of the complaint. The attorney shall have ten (10) days after the date of the notice to request a hearing before the Court concerning the Court’s proposed action. If the attorney does not request a hearing within that period of time, the Court’s determination shall become final. (h) If the attorney requests a hearing, the attorney shall serve a copy of the request on the complaining party. The hearing shall be held as soon as practicable after the attorney’s request therefore, but in no case shall it be held more than thirty (30) days after it has been requested, except by stipulation of the parties. The complainant and the attorney shall each be given at least ten (10) days notice of the hearing. The hearing may be held in chambers. The hearing shall not be open to the public. The court may designate a commissioner, referee, judge pro tempore, or any qualified member of the bar to act as hearing officer. (i) At hearing, each party shall have the right to present arguments to the hearing officer with respect to the Court determination. Such arguments shall be based on evidence before the Court at the time the determination was made. No new evidence may be presented unless the party offering such evidence can show that it was not reasonably available to the party at the time that the Court made its initial determination with respect to the complaint. Within ten (10) days after the hearing, the Court or hearing officer shall issue a written determination upholding, reversing, or amending the Court’s original determination. The hearing decision shall be the final determination of the Court with respect to the matter. A copy of the hearing decision shall be provided to both the complainant and the attorney. [Adopted July 1, 2007, Rule 5.41 renumbered to 6.13 01/01/09, Rule 6.13 renumbered to 6.1.9 01/01/12] Rule 6.1.10 Request for Court Interpreter An attorney or party in a juvenile proceeding may require the services of a Certified Court Interpreter for a witness. The party or attorney must notify Court Administration at (760) 482-2250 forty-eight (48) hours in advance of the following information: length of time needed, day or days needed, location, and language type. [Adopted January 1, 2015] Division 2 Court Appointed Special Advocate Rule 6.2.0 General (a) A Court Appointed Special Advocate, hereinafter “advocate”, is appointed by the Court on behalf of children, and usually only in juvenile dependency proceedings. An advocate serves at the pleasure of the Court having jurisdiction over the proceeding in which the advocate has been appointed. (b) Each advocate shall be sworn in by a Superior Court Judge before beginning his or her duties. An advocate is an officer of the Court and is bound by all court rules. (c) Advocates serve under the guidance and supervision of the Imperial County CASA program staff and are expected to comply with operational policies and procedures approved by the program’s Board of Directors, Sections 100 through 109 of the Welfare and Institutions Code, Rule 1424 of the California Rules of Court, any and all Judicial Council Guidelines, local rules of court, and the provisions of any agreement entered into by the Imperial County CASA program with the Juvenile Court. [Rule 5.30 adopted July 1, 2007, Rule 5.30 renumbered to 6.2 01/01/09, Rule 6.2 renumbered to 6.2.0 01/01/12] Rule 6.2.1 Function of Advocates In general, an advocate’s functions are as follows: (a) Support the child throughout the court proceedings; (b) Explain the court proceedings to the child; (c) Establish a relationship with the child to better understand the child’s needs and desires; (d) Review available reports and records regarding the child’s family history, school behavior, medical or mental health history, etc. including relevant records pertaining to the child from any agency, hospital, school, organization, division or department of the state, physician and surgeon, nurse, other health care provider, psychologist, psychiatrist, law enforcement agency, or mental health clinic. (e) Identify and explore potential resources that will facilitate family preservation, early family reunification, or alternative permanency planning; (f) Explain the advocate’s role, duties, and responsibilities to all parties associated with a case. (g) Visit the child regularly until the child is secure in a permanent placement. Thereafter, the advocate shall monitor the case as appropriate until Dependency is dismissed or the advocate is relieved from appointment. (h) Communicate the child’s needs to the Court through written reports to the Court and make recommendations to the Court on what placement, or permanent plan (if any), and services are best for the child; (i) Determine whether appropriate services, including reasonable efforts, are being provided to the child and family; (j) Ensure that the Court-approved plans for the child are being implemented; attend Court hearings; (k) Investigate the interests of the child in judicial or administrative proceedings outside of Juvenile Court, and communicate and coordinate efforts with the child’s social worker and attorney. (l) Conduct an independent investigation of the circumstances surrounding the case, and interview and observe the child and other appropriate individuals (that is, the parties involved in the case as well as other persons having significant information relating to the child). [Adopted January 1, 2011] Rule 6.2.2 Specific Duties of Advocate 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. If no specific duties are outlined by court order, the advocate shall discharge his or her obligation to the child and Court in accordance with the general duties set forth above. The extent of an advocate’s investigative authority is the same as any other officer of the Court appointed to investigate proceedings on behalf of the Court. An advocate is required to report the results of his or her investigation to the Court and, if ordered to do so, provide the Court with any other information the Court specifically requests. [Adopted January 1, 2011] Rule 6.2.3 Family Law Advocate Should the Juvenile Court dismiss Dependency and create a Family Law Order pursuant to W.I.C Section 362.4, the Court may continue the advocate’s appointment in the Family Law proceeding. In such case, the Court shall specify the nature, extent, and duration of the advocate’s duties in the Family Law proceeding. [Adopted January 1, 2011] Rule 6.2.4 Referral Procedures (a) A child’s dependency case may be referred by the Court or by any interested person to the CASA program for evaluation for appointment at any point in the proceedings. (b) Upon acceptance of the case by the program and acceptance by an available advocate, an Order for Appointment shall be submitted to the Court by the CASA program staff, requesting appointment of the identified volunteer. The Court may appoint an advocate at any time following the jurisdictional hearing. In extraordinary cases, the presiding judge, or his or her designee, may appoint an advocate prior to the establishment of jurisdiction. In such cases, the judicial officer shall be particularly specific as to the duties of the advocate in order to reduce the risk that the advocate may become involved in the investigative process. (c) The CASA office will notify the parties of the appointment of an advocate, and provide the name and contact information of the specific advocate assigned to the case. [Adopted January 1, 2011] Rule 6.2.5 Criteria for Referral to CASA Program Priority consideration for appointment of an advocate will be given involving the following circumstances; (a) Severe physical/sexual abuse cases where the child is not released to a parent or relative, and/or the child is seriously traumatized. (b) Cases that involve Special Needs Children that involve conflicting opinions as to assessment and/or treatment for child, or where treatment plans or resources will be difficult to arrange. “Special Needs Children” are identified as children who have experienced three or more separate placements during any consecutive 12-month period or who have been diagnosed or have a history of the following: (1) Conduct disorder with aggressive tendencies or antisocial behavior; (2) Attention Deficit Hyperactive Disorder treated by psychotropic drugs; (3) Self-destructive or suicidal behavior; (4) Use of psychotropic drugs; (5) Developmental disability; (6) Fire setting; (7) Manifestation of psychotic symptoms, such as delusion, hallucination, or disconnected or incoherent thinking; (8) Summarization of psychosomatic problems, such as a sleeping or eating disorder; (9) Chronic depression or social behavior; (10) Severe sexual acting-out behavior; or (11) Substance abuse. (c) Cases of re-abuse that involve a number of issues or a number of interested parties; (d) Children ten (10) years and under who have experienced multiple placements and whose parents have consistently failed to show progress toward or interest in fulfilling treatment plans or goals for family reunification; (e) Children age 0-8 years old in foster care, where a CASA volunteer might expedite the case toward family reunification or adoption, if reunification is not appropriate; and (f) Short-term CASA intervention or involvement may facilitate case resolution or clarification of issues or by gathering or researching information, e.g., contacting out-of-state relatives or investigating medical concerns to assist the Court in reaching a decision. [Adopted January 1, 2011] Rule 6.2.6 Release of Information to Advocates An advocate shall have the same legal right to records relating to the child he or she is appointed to represent as any case manager (social worker or probation) with regard to records held by any agency, school, organization, division or department of the state, physician, surgeon, nurse, other health care provider, psychologist, psychiatrist, mental health provider or law enforcement agency. The advocate shall present his or her identification as a court appointed special advocate to any such record holder in support of his or her request for access to specific records. No consent from the parent or guardian is necessary for the advocate to have access to any records relating to child. [Adopted January 1, 2011] Rule 6.2.7 Report of Child Abuse An advocate is a mandated child abuse reporter with respect to the case to which he or she is appointed. As such, an advocate is required to report any reasonable suspicion that the child is a victim of child abuse or serious neglect as described by Penal Code Section 273. [Adopted January 1, 2011] Rule 6.2.8 Communication There shall be ongoing, regular communication concerning the child’s best interests, current status, and significant case developments maintained among the advocate, the social worker, the child’s attorney (if any), attorneys for parents, relatives (to the extent permitted by law), foster parents (to the extent permitted by law), and any therapist for the child. [Adopted January 1, 2011] Rule 6.2.9 Right to Timely Notice and Right to Timely Appear (a) An advocate shall be provided proper and timely notice for all proceedings held in cases to which the advocate has been appointed. (b) An advocate has the right to be personally present at all hearings and to be heard at all Court hearings. The advocate shall have the right to participate in any chambers’ conferences which are held in the proceedings to which the advocate has been appointed. If the child is allowed to testify in chambers or to otherwise participate in any chambers’ conference, the advocate shall have the right to accompany the child. An advocate shall not be subject to exclusion by virtue of the fact that he or she may be called to testify at some point in the proceedings. (c) An advocate shall not be deemed to be a “party” as described in Title 3 of Part 2 of the Code of Civil Procedure. However, the Court, in its discretion, shall have the authority to grant the advocate amicus curiae status, which includes the right to appear with counsel. [Adopted January 1, 2011] Rule 6.2.10 Access to Records (a) All information concerning children and families in the Juvenile Court process is confidential. An advocate shall not give case information to anyone other than the Court, parties, their attorneys, and CASA staff except as may be ordered by the Court. Any request for access to these records by a non-party must be made to the Presiding Juvenile Court judge through a Petition for Disclosure of Juvenile Court Records pursuant to Welfare and Institutions Code sections 827 and 828 (Form JV-570). (b) The child’s case file shall be maintained in the Imperial County CASA office by a custodian of records. No one shall have access to that file except upon approval of the CASA program director. All records will be kept for a minimum of five (5) years and appropriately destroyed, pursuant to Welfare and Institutions Code section 826(a). (c) An advocate’s personnel file is confidential. No one shall have access to the file or any of its contents except the volunteer, the CASA program director, and the presiding judge of the Juvenile Court (or his or her designee). A CASA volunteer’s personnel records, however, are subject to the Court’s subpoena power. All subpoenas are to be served on the CASA program director at the Imperial County CASA program’s offices at: Court Appointed Special Advocate Program 690 Broadway, Suite #6 El Centro, CA. 92243 [Adopted January 1, 2011] Rule 6.2.11 Appeal and Grievance Procedures (a) Advocates serve at the pleasure of the Court; the appointment is a privilege and not a right. The Presiding Juvenile Court judge or his or her designee has the sole authority and power to appoint and/or remove an advocate to or from a case. There is no appeals process from the Court’s decision. (b) The Imperial County CASA program has established an internal process for the submission and investigation of grievances which process shall be followed. (c) Once an advocate has been removed from a case, the volunteer is not to contact any of the parties in the case. Advocates who are removed or terminated from the program shall not be appointed on any other case. [Adopted January 1, 2011] Rule 6.2.12 Distribution of CASA Reports Absent good cause, the CASA court report must be filed with the court and distributed to the persons entitled to receive it at least two court days before the hearing for which the report was prepared. It shall be the responsibility of CASA to copy and distribute the CASA court report. Copies of the report shall be filed with the Court and distributed to all counsel of record, the Department of Social Services, and any party to the proceeding not represented by counsel. [Adopted January 1, 2016] Division 3 Dependency Rule 6.3.0 Visitation (a) Visitation between a minor and the minor’s parents, or guardians should be as frequent as possible based on the individual circumstances of the case. Orders for visitation may be issued at any schedule hearing. Arrangements for visitation may be modified by the filing and approval of a WIC Section 388 petition. Unless specified otherwise by the Court, the following definitions shall apply to visitation Supervised Visits: DSS is responsible for the supervision of visits unless the court order specifies that a third party may assume the role. Probation staff may supervise visitation at the shelter receiving home. Only reasonable visits may be required to be supervised. Reasonable Visits: Visits may include overnight and weekends and up to a maximum of fourteen (14) consecutive days. Liberal Visits: Visits may include overnight and weekends and up to a maximum of fourteen (14) consecutive days. Extended Visits: Visits which last beyond fourteen (14) consecutive days. Pursuant to state regulations, extend visits become placements after sixty (60) consecutive days. (b) Any significant decrease from the court-ordered level of a party’s visitation shall be presented to the affected party for comment before being submitted to the Court. The Court may set a hearing on the issue after hearing the party’s comments on the proposed reduction. [Adopted July, 1, 2007, Rule 6.3 renumbered to 6.3.0 01/01/12] Rule 6.3.1 Procedures for Informing Court of the Interests of a Dependent Child (a) At any time during the pendency of a dependency proceeding, any interested person may notify the Court that the minor who is the subject of the proceeding may have an interest or right which needs to be protected or pursued in another judicial or administrative forum. If counsel for the minor becomes aware that the minor may have a right or interest which needs to be protected or pursued in another judicial or administrative forum, counsel shall notify the Court of such right or interest as soon as it is reasonably possible to do so. (b) Notice to the Court may be given by the filing of Judicial Council Form JV-540 or by the filing of a declaration. In either case, the person giving notice shall set forth the nature of the interest or right which needs to be protected or pursued, the name and address, if known, of the administrative agency or judicial forum in which the right or interest may be affected and the nature of the proceedings being contemplated or conducted there. (c) If the person filing the notice is the counsel for the minor, the motion shall state what action on the child’s behalf the attorney believes is necessary, whether the attorney is willing or able to pursue the matter on the child’s behalf, whether the association of counsel specializing in practice before that agency or court may be necessary or appropriate, whether the appointment of a guardian ad litem may be necessary to initiate or pursue the proposed actions, whether joinder of an administrative agency to the juvenile court proceedings pursuant to WIC Section 362 may be appropriate or necessary to protect or pursue the child’s interests and whether further investigation may be necessary. (d) If the person filing the notice is not the attorney for the child, a copy of the notice shall be served on the attorney for the child, or, if the child is unrepresented, the notice shall so state. (e) The Court may set a hearing on the notice if the Court deems it necessary in order to determine the nature of the child’s right or interest or whether said interest should be protected or pursued. (f) If the Court determines that further action on behalf of the child is required, the Court shall do one or more of the following: (1) Authorize the minor’s attorney to pursue the matter on the child’s behalf; (2) Appoint an attorney for the child if the child is unrepresented; (3) Notice a joinder hearing pursuant to WIC Section 362 compelling the responsible agency to report to the Court with respect to whether it has carried out its statutory duties with respect to the child; (4) Appoint a guardian ad litem for the child for the purposes of initiating or pursuing appropriate action in the other forum(s); (5) Take any other action the Court may deem necessary or appropriate to protect the welfare, interests, and rights of the child. [Adopted July 1, 2007, Rule 5.35 renumbered to 6.7 01/01/09, Rule 6.7 renumbered to 6.3.1 01/01/12] Rule 6.3.2 Production of DSS Reports (a) Reports prepared by DSS shall be filed, served, and made available to all counsel before the hearing in accordance with the following time limitations, unless otherwise ordered by the Court: (1) Jurisdictional and/or dispositional reports are due at least two (2) judicial days before the hearing; (2) Review of dependency status and status review reports are due at least ten (10) calendar days before the hearing. (3) All other reports shall be due a reasonable time before the hearing, but in no event less than two (2) court days. (b) If a report is not timely filed or made available to all counsel, then any affected party or the Court, may move to strike the report, or request a continuance of the hearing to the extent permitted by law. (c) The names of any experts to be called by any party and copies of their reports, if not part of a social study report prepared by DSS, shall be provided to all counsel at least five (5) calendar days before the hearing. [Adopted July 1, 2007 Rule 5.37, Rule 5.37 renumbered to 6.9 01/01/09, Rule 6.9 renumbered to 6.3.2 01/01/12] Rule 6.3.3 Financial Responsibility for Attorney Fees in Juvenile Dependency Cases (a) Pursuant to Welfare & Institutions Code 903.45, the court will evaluate the financial ability of parent(s) or guardian(s) to reimburse the court for legal services. (b) Financial Responsibility may be determined at the close of the disposition hearing. The court will order responsible parties to appear before a Financial Evaluator for preparation of a financial evaluation and recommendation of the party’s ability to pay cost of legal services. The court will order one of the following: (1) The party will be ordered to report to the Financial Evaluator of the Superior Court of California, County of Imperial, within 7 calendar days (if in custody, 7 days from release) at 939 W. Main Street, 2nd floor, El Centro, CA 92243. The telephone number is 760-336-3510 OR The parties will be required to provide all information regarding his/her financial status and ability to reimburse the court for court appointed legal assistance, pursuant to Penal Code Section 987.8, Welfare & institutions Code Section 903.45, and Government Code Section 27750. Party will bring the following items to the meeting with the Financial Evaluator: • Completed Financial Declaration • Public Assistance Verification • Most recently prepared tax return • Current Profit and Loss if self-employed • Wage Statements for the last month • Verification for any other income Upon completion of the financial evaluation, parties are entitled to a formal hearing wherein this court will make a determination concerning the value of services rendered and ability to pay the cost of court appointed legal fees. At that hearing parties shall be entitled, but not limited to the rights enumerated in Government Code Section 27755. If, after the conclusion of this hearing, the court determined that Party has the present ability to pay for all or part of the legal costs of services rendered, the court may then order party to pay such costs. (2) If the parties receive public assistance or their gross income is less than 125% of federal poverty guidelines and parties do not have enough income to pay for household needs and attorney fees. The assessment of attorney fees would harm the parties ability to support the child(ren) or limit their ability to comply with re-unification plan requirements. After review of the case, the court will not order payment of legal fees. (c) The following juvenile dependency fees may be imposed: Detention $228 Disposition $348 6 month review $206 12 month review $147 18 month review $62 .26 hearing $304 First Permanency Placement Hearing $37 Second Permanency Placement Hearing $37 Third Permanency Placement Hearing $37 39.1B writ $859 (d) Pursuant to Welfare & Institutions Code Section 903.1 (b) no fee will be assessed if the case is dismissed at or before jurisdictional hearing. [Rule 5.42 adopted July 1, 2007, Rule 5.42 renumbered to 6.14 01/01/09, subd (c) amended 01/01/10, subd (b)(c)(d) adopted 01/01/12, Rule 6.14 renumbered to 6.3.3 01/01/12, amended 07/01/19] Division 4 Delinquency Rule 6.4.0 Financial Responsibility for Attorney Fees in Juvenile Delinquency Cases (a) Pursuant to Welfare & Institutions Code 903.45, the court will evaluate the financial ability of parent(s) or guardian(s) to reimburse the county for legal services. (b) Financial Responsibility may be determined at the close of the disposition hearing. The court will order responsible parties to appear before a Financial Evaluator for preparation of a financial evaluation and recommendation of the party’s ability to pay cost of legal services. The court will order one of the following: (1) The party will be ordered to report to the Financial Evaluator of the Superior Court of California, County of Imperial, within 7 calendar days (if in custody, 7 days from release) at 939 W. Main Street, 2nd floor, El Centro, CA 92243. The telephone number is 760-336-3510. OR (2) The parties will be required to provide all information regarding his/her financial status and ability to reimburse the county for court appointed legal assistance, pursuant to Penal Code Section 987.8, Welfare & institutions Code Section 903.45, and Government Code Section 27750. Party will bring the following items to the meeting with the Financial Evaluator: • Completed Financial Declaration • Public Assistance Verification • Most recently prepared tax return • Current Profit and Loss if self employed • Wage Statements for the last month • Verification for any other income Upon completion of the financial evaluation, parties are entitled to a formal hearing wherein this court will make a determination concerning the value of services rendered and ability to pay the cost of court appointed legal fees. At that hearing parties shall be entitled, but not limited to the rights enumerated in Government Code Section 27755. If, after the conclusion of this hearing, the court determined that Party has the present ability to pay for all or part of the legal costs of services rendered, the court may then order party to pay such costs. If the parties receive public assistance or their gross income is less than 125% of federal poverty guidelines and parties do not have enough income to pay for household needs and attorney fees. The assessment of attorney fees would harm the parties ability to support the child(ren) or limit their ability to comply with re-unification plan requirements. After review of the case, the court will not order payment of legal fees. (c) The following juvenile delinquency fees may be imposed: Hourly Rate 65.00 Hearing/Event Hours per Event out of court Cost per Event out of court Hours per Event in Court Cost per Event in court Running Balance Arraignment/Detention 0.50 32.50 2.5 162.50 195.00 Pretrial 5.50 357.50 1.5 97.50 650.00 Jurisdictional Hearing 4.50 292.50 1.5 97.50 1,040.00 Dispositional Hearing 6.00 390.00 2 130.00 1,560.00 Violation of Probation (VOP) Hearing/Event Hours per Event out of court Cost per Event out of court Hours per Event in Court Cost per Event in court Running Balance Detention VOP 0.50 32.50 2.5 162.50 195.00 Pretrial VOP 5.50 357.50 1.5 97.50 650.00 Violation of Probation Hearing 4.50 292.50 1.5 97.50 1,040.00 Dispositional Hearing VOP 6.00 390.00 2 130.00 1,560.00 Above fees are estimated and may be adjusted dependent upon hearing schedule. (d) Pursuant to Welfare & Institutions Code Section 903.1 (b), no fee will be assessed if the case is dismissed at or before jurisdictional hearing. [Adopted 01/01/12, amended 07/01/19]
Chapter 6 Juvenile Proceedings Division 1 General Provisions Rule 6.1.0 Attendance Unless excused by the Court, each party and attorney shall attend each scheduled Juvenile Court hearing. [Rule 5.28 adopted July 1, 2007, Rule 5.28 renumbered to 6.0 01/01/08, Rule 6.0 renumbered to 6.1.0 01/01/12] Rule 6.1.1 Presence of Minor (a) All minors shall attend Court hearings unless excused for one of the
Reviewer note: Composed 2026-10-07 (California T4 Imperial build 2026-10-07) from BenchPath custody ca/t4/ca-imperial/docs/local-rules/local-rules-july-2026_0.pdf (3481432 bytes, sha256 33be9789b4c6df80ff4fe8db77a59afeb07f113fa7a5f10b997301762552269a; 237 pages; this chapter is pages 51 to 68) with the shared verbatim composer (v2 reflow). The rules are printed in two columns and were read column by column (the composer's columns option; each column wraps at its own margin): the running header (Local Rules of Superior Court of California, County of Imperial) and the page numbers removed as chrome; the cover, the table of contents, the Local Forms Index, the reprinted local forms and the alphabetic index belong to no chapter card; lines reflowed into the court's paragraphs, each rule heading on its own line; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. Documented layout fixes (read on the page; the proofs hold): Rule 6.1.10's heading set on its own line; the Division 2 heading set as one line; the juvenile dependency fee table of Rule 6.3.3 (c) and the two juvenile delinquency fee tables of Rule 6.4.0 (c) set one row per line, each column heading and wrapped row label read as one (a documented same-characters reorder of the tables' cells).
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.