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Chapter VII, its first two sections, Rules 7.0 to 7.3.3: dependency and juvenile justice cases heard at the Juvenile Justice Center, juvenile traffic hearings excluded (Preamble); the juvenile court's jurisdiction under Welfare and Institutions Code section 304 (7.0); notice of ex parte applications to all counsel (7.0.1); no interview of the child about the allegations without permission of the child's attorney or court order (7.1.1); interviewing children who are alleged victims of child abuse (7.1.2); attendance at hearings (7.1.3); disclosure of a minor's name (7.1.4); counsel for the child and guardians ad litem (7.2 to 7.2.3); proceedings at the Juvenile Justice Center confidential and not open to the general public (7.3); and caregivers, relatives and de facto parents (7.3.1 to 7.3.3).
California > Fifth Appellate District > Kern County > Superior Court of California, County of Kern
Chapter VII. Juvenile Court Matters Preamble Both dependency and juvenile justice cases are heard at the Juvenile Justice Center (“JJC”). These rules do not include juvenile traffic hearings or traffic hearing appeals. (Effective 1/1/20) Section One – General Provisions Rule 7.0 Jurisdiction (Effective 1/1/20) (a) Welfare and Institutions Code section 304 gives the juvenile court jurisdiction during the pendency of a juvenile dependency matter over all issues in proceedings under the family law and probate codes that affect the custody of children. Therefore, there should be a determination at the earliest possible time whether a related family law or probate case is pending in another court. (b) Consistent with Welfare and Institutions Code section 204, and the California Rules of Court, rules 5.440 and 5.445, it is the policy of the court to identify related cases that involve the same minor children, as such is in the best interest of children and victims appearing before the juvenile, family, criminal and probate courts and the public interest, to eliminate barriers to the exchange of essential information and data about the children and families they serve, and to avoid substantial duplication of resources by the family, courts as well as by the investigative and supervisory agencies serving the juvenile, family, criminal and probate courts. Rule 7.0.1 Ex Parte Orders (Effective 1/1/20) (a) Before submitting ex parte orders to the judge or referee for approval, the applicant must give notice of, and a copy of the application for ex parte orders, to all counsel, or explain the reason notice has not been given. (b) An opposing party must present any written opposition to a request for ex parte orders to the courtroom clerk within 48 hours of receipt of notice or may have their opposition noted on the ex parte application form. Unless the court is advised there is no objection, the ex parte request will be heard or decided no sooner than 48 hours after its submission. The Court may render its decision on the ex parte application or set the matter for hearing, unless an opposition is filed in which case the matter will be set for a hearing. The applicant shall notify all persons entitled to notice of any hearing date set by the court. (c) Notice may be dispensed with, if following a good faith attempt, notice is not possible, or if the opposing parties do not object to the requested ex parte orders. Section Two – Parties Rule 7.1 Independent Investigation (Effective 7/1/03) Rule 7.1.1 Access to Children in Dependency Proceedings (Effective 7/1/03; rev. 1/1/20) (a) No party or attorney 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. This rule does not apply to the assigned DHS social worker or other authorized DHS personnel, nor to an assigned CASA. (b) No party or attorney in a dependency proceeding shall cause the child who is in out of home care to undergo a physical, medical or mental health examination or evaluation without court approval. This rule does not apply to the assigned Department of Human Services (“DHS”) social worker or other authorized DHS personnel. (Effective 7/1/03; rev. 1/1/20) Rule 7.1.2 Interviewing Children Who are Alleged Victims of Child Abuse (Effective 7/1/03; rev. 1/1/20) All investigator in the Probation Department and DHS, and 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 of the child relating to the events surrounding the alleged abuse. To this end, anyone wishing to learn facts about the alleged incident shall first review any interviews taken or reports made by the investigating officer(s). Rule 7.1.3 Attendance at Hearing (California Rules of Court, rule 5.530) (Effective 7/1/03; rev. 1/1/20) (a) Presence of Child in Dependency Proceedings (Welfare and Institution Code section 349) (Effective 7/1/03; rev. 1/1/20) 1. This rule governs the attendance of children at court hearings unless the child is present by subpoena, desires to be present, or by other order of the court. All children are entitled and encouraged to attend court hearings. The minor, if the minor so desires, may address the court and participate in the hearing. (Effective 7/1/03; rev. 1/1/20) 2. Children under four (4) years of age are excused from attending court. Children four (4) years of age or older must attend if directed to attend by the court, requested to attend by a party or their counsel, if the court finds that attending would not be detrimental to the child. (Effective 1/1/20) 3. Every child 10 years or older shall be told of his/her right to attend court hearings and shall be given notice by the investigating or supervising social worker. If the minor was not notified or if he/she wishes to be present and was not given an opportunity to be present, the court shall continue the hearing to allow the minor to be present unless the court finds that it is in the best interest of the minor not to continue the hearing. All children over the age of 10 shall attend court hearings unless excused by the court, (Effective 7/1/03; rev. 1/1/20) a) the child’s attorney waives the child’s appearance, (Effective 7/1/03; rev. and renum. 1/1/20) b) the child chooses not to attend, (Effective 7/1/03; rev. and renum. 1/1/20) c) the child is hospitalized, physically unable to attend, or other good cause. (Effective 7/1/03; rev. and renum. 1/1/20) d) No child shall be brought to court solely for the purpose of providing the social worker with the opportunity to make a mandated face-to-face contact with the child in order to satisfy DHS regulations or regulations of the Department of Social Services. (Effective 7/1/03; rev. and renum. 1/1/20) (b) Minor’s Presence in Juvenile Justice Proceedings (Effective 1/1/20) 1. Minors shall attend all juvenile justice hearings unless specifically excused by the court. A waiver of appearance shall be only for good cause. If a request is made to excuse the minor’s presence on the ground that it shall inconvenience the minor, the court will make every effort to continue the case to a time when the minor can appear without the inconvenience. If a minor is in foster care out of county or out of state, the physical presence of the minor can be excused, only if authorized by the court. Rule 7.1.4 Disclosure of Minor’s Name (Effective 1/1/20) Notwithstanding any other provision of law, the name of a minor may be disclosed to the public if the minor is 14 years of age or older and found by the juvenile court to be a person described in section 602 as a result of a sustained petition for the commission of any of the offenses listed in section 667.5 of the Penal Code, or in subdivision (c) of section 1192.7 of the Penal Code. (Welfare and Institutions Code section 204.5). Rule 7.2 Guardian Ad Litem (Effective 7/1/03) Rule 7.2.1 Children (California Rules of Court, rule 5.660(b)) (Effective 7/1/03; rev. 1/1/20) Upon a filing of a petition, the court shall appoint counsel for the child as provided in Welfare and Institutions Code section 317, and California Rules of Court, rule 5.660. For the purposes of the Child Abuse Prevention and Treatment Act (Public Law 93-247), in all cases in which a dependency petition has been filed and counsel has been appointed for the child, the attorney for the child shall function as the guardian ad litem for the child in the dependency proceedings unless the court appoints another adult to serve as the child’s guardian ad litem. If at any time the court determines a conflict exists between the role and responsibilities of the child’s attorney and that of a guardian ad litem, or if the court determines it is best for the child to appoint a separate guardian ad litem, the court shall appoint another adult as the guardian ad litem for the child. The guardian ad litem for the child may be an attorney, a CASA, or a responsible adult who is not the child’s parent or social worker. Appointed counsel and/or CASA must continue to represent the child at all subsequent proceedings unless properly relieved by the court. If a CASA is appointed as guardian ad litem, that person shall seek instructions from the court as to the proper reports to be filed pursuant to Rule 7.4.11. Rule 7.2.2 Adult Parties (Effective 7/1/03; rev. 1/1/20) The court shall appoint a guardian ad litem to represent any mentally incompetent parent or guardian whose child is before the juvenile court pursuant to a petition under Welfare and Institutions Code section 300 where the court finds by a preponderance of the evidence that the parent or guardian does not understand the nature of the consequences of the proceeding, or that the parent or guardian cannot assist their attorney in the preparation of their case. (Effective 7/1/03; rev. 1/1/20) No such appointment shall be made until the parent or guardian has notice of the proposed appointment has had the purpose of a guardian ad litem explained and why the attorney believes one should be appointed. Further, the parent or guardian shall have an opportunity to be heard on the issue before appointment. The court retains the right to exclude all other parties to the action from the courtroom during the hearing. The court may provide for a guardian ad litem on its own motion at any time in the proceeding based upon evidence received from any interested party. (Effective 7/1/03; rev. 1/1/20) Rule 7.2.3 Notice to Guardian Ad Litem. Access to Records, Right to Appear (Effective 7/1/03) In all proceedings, the guardian ad litem shall be given the same notice as any party and have the same access to all records relating to the case as would any party and have the right to appear at all hearings. Rule 7.3 Access to Courtroom by Non-Parties (Welfare and Institutions Code sections 345, 346, 676) (Effective 1/1/20) Unless specifically provided by statute, proceedings in the Juvenile Justice Center are confidential and shall not be open to the general public. The court encourages interested persons including trainees and students to attend juvenile proceedings in order to understand the workings of the Juvenile Justice Center. The court retains the discretion to determine in each case whether any such interested party shall remain in the courtroom. The court or its agent shall remind each such nonparty that the names of parties and identifying information from any case are confidential and shall not be repeated to anyone outside court. Any such person may be required by the court to sign an acknowledgment and agreement relating to his/her observation of court proceedings. Rule 7.3.1 Child’s Caregiver (Effective 7/1/03; rev. and renum. 1/1/20; rev. 7/1/21) A child’s caregiver shall be allowed to be present at the hearing, and if given permission by the court, may address the court. Participation in the court process is as described in California Rules of Court, rule 5.534(k). The child care provider has a right to be heard in each proceeding noted in rule 5.534(k)(2) but is not prohibited from addressing the court at other hearings. Written information about the child may be submitted by using Judicial Council Form JV-290 (Caregiver Information Form) or in the form of a letter to the court. Rule 7.3.2 Relatives/Non-relative Extended Family Members (Effective 1/1/20) The court may permit relatives and any non-relative extended family members of the child(ren) to be present at the juvenile court hearing and address the court if his or her presence would not disrupt the orderly court process and would be consistent with the best interests of the child. A relative’s participation in the court process is as described in California Rules of Court, rule 5.534(b). A relative of the child has the right to submit information about the child to the court at any time. Written statements should be submitted on Judicial Council Form JV-285 (Relative Information) or a letter to the court. DHS and the parties shall make an effort to engage family members as early as possible in each case in an effort to facilitate placement of children removed from their parents with relatives/family members. Rule 7.3.3 De Facto Parents (Effective 1/1/20) A de facto parent is defined in California Rules of Court, rule 5.502(10). Upon a sufficient showing the Court may recognize the child’s present or previous custodians as de facto parents and grant standing to appear and participate as parties in dispositional hearings and any hearings thereafter at which the status of the dependent child is at issue. The person seeking de facto parent status shall file a noticed request / motion before the Court setting out the reasons in support of the motion utilizing Judicial Council Form JV-295-297; JV-510). At the hearing for a request for de facto parent status, the court will consider the contents of the dependency file, any report filed by the social worker or the CASA for the child, oppositions to such application and any other relevant and admissible evidence presented by the parties. Before granting de facto parent status, the court must find, by a preponderance of the evidence, that the moving party meets the criteria set forth in this rule. No person shall be granted de facto parent status who has inflicted or allowed to be inflicted serious harm on the child, including but not limited to physical, sexual, or emotional harm. The de facto parent has standing as a party to the proceedings to the degree that the proceedings directly affect the de facto parent’s legally recognizable interest in the child. The de facto parent may be present at the hearing, and present evidence and shall have the rights outlined in California Rules of Court, rule 5.534(a). De facto parent status will continue only so long as the psychological bond continues to exist between the de facto parent and child. De facto parent status automatically terminates upon the termination of dependency jurisdiction or when the child reaches 18 years of age.
Chapter VII. Juvenile Court Matters Preamble Both dependency and juvenile justice cases are heard at the Juvenile Justice Center (“JJC”). These rules do not include juvenile traffic hearings or traffic hearing appeals. (Effective 1/1/20) Section One – General Provisions Rule 7.0 Jurisdiction (Effective 1/1/20) (a) Welfare and Institutions Code section 304 gives the juvenile court jurisdiction duri
Reviewer note: Composed 2026-10-14 (California T4 Kern build 2026-10-14) from BenchPath custody ca/t4/ca-kern/docs/general/local-rules-court-effective-7126.pdf (the court's rule book, its cover “LOCAL RULES OF COURT SUPERIOR COURT OF CALIFORNIA COUNTY OF KERN July 1, 2026”, as fetched 2026-10-14; 1712899 bytes, sha256 374bf0cba1a66f90bd6bea59ca9523d5149362ef14f0d1edc454e76ac5738a83; 138 pages; this part PDF pages 89 to 93, printed pages 88 to 92) with the shared verbatim composer (v2 reflow): the rules (PDF pages 14 to 128) composed as one text and cut at the chapter headings (“Chapter I. General Rules” to “Chapter IX. Court Communication Protocol for Domestic Violence and Child Custody Orders”) and, in Chapters I, III, VI, VII and VIII, at rule or section headings (“Rule 1.8”, “Rule 1.12”, “Rule 3.14”, “Rule 6.10”, “Rule 7.4”, “Section Three – Proceedings”, “Section Six – Attorney Competency Standards”, “Rule 8.10”), each matched once as a whole line; every page's running header (“SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN”, named) and printed page number (“13” to “127”) removed as chrome - 230 chrome lines; lines reflowed into the rules' paragraphs, each chapter heading, rule heading, Preamble, section heading and lettered or numbered subdivision starting a line; Rules 1.17 and 1.21's ruled tables (PDF pages 32 and 33, 38 and 39) set a row a line, its cells left to right (the composer's table rows); the strike report (review/strike-report-2026-10-14.txt) finds no struck run; 27 whitespace-only fixes (build/book-fixes.json: 7 line breaks the reflow left before a reference or an inline list item at the paragraph's own margin, rejoined; 19 runs of rows the reflow ran together, split - Rule 1.8.1's two fee tables and the court's mailing address, Rule 3.3.1's regional courts and their telephone numbers, Rule 3.6(a)'s scale of fees, and the side heading “Preamble” of Chapters VI and VII; 1 word the page break split at its hyphen, closed up - “20-calendar-day”); the vertical-gap, short-line, page-break, false-break, structural-break and row-join audits (review/book-gap-audit-2026-10-14.txt, review/book-short-lines-2026-10-14.txt and its run after the fixes, review/book-extra-audits-2026-10-14.txt) list candidates read one by one (build/book_fixes.py) - the rest kept as printed; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover (PDF page 1), the table of contents (2 to 13) and the index (129 to 138) belong to no card; Appendix A, a separate document, is decided in the document catalog (held for the table lane, with a review task).
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.