Loading…
Division 5, Chapters 2 and 3: the statutory timelines for dependency hearings - detention hearings by the end of the next court day, the jurisdiction hearing within 30 calendar days (15 court days if detained), disposition, six (6) month, twelve (12) month and eighteen (18) month reviews, a notice of intent to file a writ petition within seven (7) days, the selection hearing within 120 days, and a notice of appeal within 60 days (5.2.1); standards of representation under rule 5.660(d) (5.2.2); the law firm of Ciummo and Associates appointed for the mother and Madera Alternate Defense for the father, counsel for children from the conflict panel, and a wheel attorney in a conflict (5.2.3 to 5.2.5); client complaints, the attorney for the child and information received by the Court (5.2.6 to 5.2.8); and child advocates of the Court Appointed Special Advocate Program (CASA) - their functions, oath, access to records, notice, calendar priority and right to appear (5.3.1 to 5.3.9)
California > Fifth Appellate District > Madera County > Superior Court of California, County of Madera
Chapter 2 Juvenile Dependency Cases -Appointment of Counsel 5.2.1 Timeliness. Attorneys for parties are required to adhere to the statutory timelines for all hearings. Time waivers will be accepted and continuances granted only on a showing of exceptional circumstances. Timelines for hearings are as follows: (a) Detention Hearings. Detention hearings shall be heard no later than the end of the next court day after a petition has been filed (Welfare & Inst. Code § 315; CRC 5.667); (b) Contested Jurisdiction Hearing. If the child is not detained, the hearing on the petition shall begin within 30 calendar days from the date the petition was filed. If the child is detained, the hearing on the petition shall begin within 15 court days from the date of the detention order (Welfare & Inst. Code § 334; CRC 5.680); (c) Disposition Hearing. If the child is detained, the hearing on disposition must begin within 10 court days from the date the petition was sustained. If the child is not detained, the disposition hearing shall begin no later than 30 calendar days after jurisdiction is found (Welfare & Inst. Code § 358; CRC 5.686); (d) Six (6) Month Review Hearing. The Court is required to review the status of every dependent child within six (6) months of the declaration of dependency and at least every six (6) months thereafter (Welfare & Inst. Code §§ 364, 366, 366.21; CRC 5.710); (f) Twelve (12) Month Review. The Court is required to review the status of every child who has been removed from the custody of a parent or guardian within twelve (12) months of the declaration of dependency (Welfare & Inst. Code § 366.21; CRC 5.715); (g) Eighteen (18) Month Review. If the child is not returned at the twelve (12) month review, the Court shall conduct a review no later than eighteen (18) months from the date of the original detention (Welfare & Inst. Code §§ 366.21, 366.22, 355; CRC 5.720); (h) Notice of Intent to File Writ Petition. A notice of intent to file a petition for extraordinary writ shall be filed within seven (7) days of the date of the order setting a hearing under Welfare & Inst. Code § 366.26, with an extension of five (5) days if the party received notice of the order only by mail (CRC 8.450); (i) Petition for Writ. A petition seeking writ review of orders setting a hearing under Welfare & Inst. Code § 366.26 shall be served and filed within ten (10) days after the filing of the record in the reviewing court (CRC 8.452); (j) Response to Writ Petition. Any response to a writ petition shall be served and filed within ten (10) days after the filing of the writ petition or within ten (10) days of receiving a request for a response from the reviewing court (CRC 8.452); (k) Selection Hearing. A selection hearing for Permanent Plan shall begin within 120 days of the review at which reunification services are terminated and a hearing under Welfare & Inst. Code § 366.26 ordered (Welfare & Inst. Code §§ 366.31, 366.22; CRC 5.710, 5.715, 5.720); (l) Notice of Appeal. Notice of Appeal shall be filed within 60 days after the rendition of the judgment. (Effective 7/1/08, sections (h),(i), and (j) amended 1/1/15) 5.2.2 Experience, Training, Education, Standards of Representation. Every party in a dependency hearing who is represented by an attorney shall be entitled to competent counsel as defined in California Rule of Court 5.660(d). The law firm designated by the Court for appointment as counsel in dependency proceedings shall be responsible for the following: (a) The establishment of written procedures for screening applicants seeking to represent parties, including but not limited to (1) instructions as to whom application shall be made, (2) the information required for application, and (3) the process for reviewing applications and interviewing applicants. (b) The establishment of written requirements and procedures for qualification of attorneys to be included in the list of those to be appointed to represent parties, including but not limited to those requirements described in CRC 5.660(d). For example: (1) demonstrated familiarity with relevant statutes and rules of court; (2) knowledge of court procedures and forms, including restraining and custody orders, transfers out, Welfare & Inst. Code § 388 motions, placement, requirements, de facto parents, and participation by interested persons, including relatives and confidentiality. (c) The establishment of written minimum standards of representation including, but not limited to, those described in CRC 5.660(d)(4). For example: (1) requirements for frequency and extent of client contact, (2) duties to assist with resolution of the case, e.g., mediation, settlement, conferences, etc., (3) duties after disposition and on-going representation, and (4) filing of Notices of Appeal, Notices of Intent to File Writ Petition, and Writ Petitions. (d) The establishment of minimum and maximum caseloads for attorneys representing parties in dependency proceedings. (e) Copies of the procedures and standards described in rule 5.2.2 shall be lodged with the Court and made available to all juvenile and court judicial officers. (Effective 7/1/08, amended 7/1/13, 1/1/15) 5.2.3 Appointment of Counsel for Parents or Guardians. In the absence of a known conflict of interest, the Court shall appoint the law firm of Ciummo and Associates to represent the mother and the law firm of Madera Alternate Defense to represent the father. (a) If the parent or guardian is known and said parent or guardian lives within Madera County, counsel shall automatically be appointed. Other parents or guardians may be appointed counsel at the Court’s discretion upon their request and showing of need for appointed counsel. (b) Notification of the appointment shall be communicated as follows: The Clerk shall send written copy of notice of appointment to the appointed attorney and the petitioner. Petitioner shall notify the parents of any appointment of counsel. (c) Parents may be billed for the cost of counsel by the Revenue Services Division of the County Auditor-Controller in accordance with that office’s procedure. (d) The assigned law firm shall be responsible for assigning particular attorneys to each case. (Effective 7/1/08) 5.2.4 Appointment of Counsel for Children. The Court shall appoint a wheel attorney from the conflict panel to represent those children the Court determines would benefit from the appointment of counsel. (a) Counsel for all children shall automatically be appointed. (b) Notification of the appointment shall be communicated as follows: Notice of appointment shall be sent to the appointed attorney and to the petitioner. (c) Procedures for billing a parent or guardian for the cost of the child’s appointed counsel shall be established by the Revenue Services Division of the County Auditor-Controller. (d) The law firm appointed shall be responsible for assigning particular attorneys to each case. (Effective 7/1/08) 5.2.5 Conflicts. In the event of a conflict, the Court shall appoint a wheel attorney. (Effective 7/1/08) 5.2.6 Client Complaints. Complaints or questions by a party regarding representation shall be addressed as follows: (a) Complaints or questions shall initially be referred to any agency or law firm appointed to represent the client. (b) If the issue remains unresolved, or if there is no designated agency or law firm, the party may submit the complaint to the Court in writing. The Court may conduct its own review of the complaint or question and take appropriate action if required. (Effective 7/1/08) 5.2.7 Attorney for the Child. Counsel for the child in a dependency proceeding is charged with representation of the child’s interests, including causes of action and other interests to be advanced or protected by administrative or judicial proceeding. (a) Absent exceptional circumstances, the attorney for the child shall have personal contact with the child regardless of age, and shall interview any child four (4) years or older so the attorney may effectively represent to the Court how the child’s wishes and interests may best be addressed. (b) The attorney for the child shall investigate any interests of the child beyond the scope of the dependency proceeding and shall immediately advise the juvenile Court of information regarding any interest or right of the child to be protected or pursued in other judicial or administrative forums. (c) Upon receipt of the request by counsel for instructions from the Court, the Court shall do one or more of the following: A. Refer the matter to the appropriate agency for further investigation, and require a report to the Court and counsel within a reasonable time; B. Authorize and direct the child’s attorney to initiate and pursue appropriate action; C. Appoint a guardian ad litem for the child if one is required to initiate and pursue appropriate action; D. Take any other action to protect the interests and rights of child. (Effective 7/1/08) 5.2.8 Information Received by Court Concerning the Child. If the Court receives information regarding an interest or right of the child from a person other than the attorney for the child, the Court may inform the attorney of record for the child of the information and ask the attorney to further investigate the matter. (Effective 7/1/08) Chapter 3 Court Appointed Special Advocates (CASA). 5.3.1 The Child Advocate Program. The Superior Court may appoint child advocates to represent the interests of dependent children. 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 (CASA), formed and operating under the guidelines set forth in California Rules of Court, Rule 5.655 and Welfare & Institutions Code § 356.5. The CASA 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. (Effective 7/1/08) 5.3.2 Child Advocates. (a) Advocate’s Functions. Advocates serve at the pleasure of the Court having jurisdiction over the proceeding in which the advocate has been appointed. In general, an advocate’s functions are as follows: (1) To support the child throughout the court proceedings; (2) To establish a relationship with the child to better understand his or her particular needs and desires; (3) To communicate the child’s needs and desires to the Court in written reports and recommendations; (4) To identify and explore potential resources which will facilitate early family reunification or alternative permanency planning; (5) To provide continuous attention to the child’s situation to ensure that the Court’s plans for the child are being implemented; (6) To the fullest extent possible, to communicate and coordinate efforts with the case manager/social worker; (7) To the fullest extent possible, to communicate and coordinate efforts with the child’s attorneys; and (8) To investigate the interests of the child in other judicial or administrative proceedings outside Juvenile Court; report to the Juvenile Court concerning same; and, with the approval of the Court, offer his or her services on behalf of the child to such other courts or tribunals. (b) Sworn Officer of the Court. An advocate is an officer of the Court and is bound by these rules. Each advocate shall be sworn in by a Superior Court Judge before beginning his or her duties, and shall subscribe the written oath describing the duties and responsibilities of the advocate. (c) Specific Duties. The Court shall, in its initial order of appointment, and thereafter in any subsequent order, specifically delineate the advocate’s duties in each case, which may include independent investigation of the circumstances of the case, interviewing and observing the child and other appropriate individuals, reviewing appropriate records and reports, consideration of visitation rights for the child’s grandparents and other relatives, and reporting back directly to the Court as indicated. If no specific duties are outlined by court order, the advocate shall discharge his or her obligation to the child and the Court in accordance with the general duties set forth in subsection (a) above. (Effective 7/1/08) 5.3.3 Release of Information to Advocate. (a) Court Authorization. To accomplish the appointment of an advocate, the Judge making the appointment shall sign an order granting the advocate the authority to review specific relevant documents and interview parties involved in the case, as well as other persons having significant information relating to the child, to the same extent as any other officer appointed to investigate proceedings on behalf of the Court. (b) Access to Records. An advocate shall have the same legal right to records relating to the child he or she is appointed to represent as any case manager/social worker with regard to records pertaining to the child held by 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 or her request for access to specific records. No consent from the parent or guardian is necessary for the advocate to have access to any records relating to the child. (c) Report of Child Abuse. An advocate is a mandated child abuse reporter with respect to the case to which the advocate is appointed. (d) Communication with Others. There shall be ongoing, regular communication concerning the child’s best interests, current status, and significant case developments, maintained among the advocate, Department of Social Services (DSS), case manager, child’s attorney, attorneys for parents, relatives, foster parents and any therapist for the child. (Effective 7/1/08) 5.3.4 Advocate’s Right to Timely Notice. In any motion concerning the child for whom the advocate has been appointed, the moving party shall provide the advocate timely notice. (Effective 7/1/08) 5.3.5 Calendar Priority for Advocates. In light of the fact that advocates are rendering a voluntary service to children and the Court, matters on which they appear should be granted priority on the Court’s calendar, whenever possible. (Effective 7/1/08) 5.3.6 Advocate’s Visitation Throughout Dependency. An advocate shall visit the child regularly until the child is secure in a permanent placement. Thereafter, the advocate shall monitor the case as appropriate until dependency is dismissed or the advocate is relieved from appointment. (Effective 7/1/08) 5.3.7 Family Law Advocacy. Should the Juvenile Court dismiss dependency and create a family law order pursuant to Welfare & Institutions Code § 362.4, the advocate’s appointment may be continued in the family law proceeding, in which case the Juvenile Court order shall set forth the nature, extent and duration of the advocate’s duties in the family law proceeding. (Effective 7/1/08) 5.3.8 Advocate’s Right to Appear. An advocate shall have the right to be present and be heard at all court hearings, and shall not be subject to exclusion by virtue of the fact that the advocate may be called to testify at some point in the proceedings. The Court, in its discretion, shall have the authority to grant the advocate amicus curiae status, which includes the right to appear with counsel. (Effective 7/1/08) 5.3.9 Appearance by Consular Representative. In cases where a parent or minor is a citizen of a foreign nation, the Consul and/or an attorney or representative of the Consul of that nation shall have the right to appear and participate in the Court proceedings to the extent such is provided for by international agreement to which the United States is a signatory. (Effective 7/1/08)
Chapter 2 Juvenile Dependency Cases -Appointment of Counsel 5.2.1 Timeliness. Attorneys for parties are required to adhere to the statutory timelines for all hearings. Time waivers will be accepted and continuances granted only on a showing of exceptional circumstances. Timelines for hearings are as follows: (a) Detention Hearings. Detention hearings shall be heard no later than the end of the nex
Reviewer note: Composed 2026-10-15 (California T4 Madera build 2026-10-15) from BenchPath custody ca/t4/ca-madera/docs/local-rules/final-madera-superior-court-local-rules-effective-january-1-2026-july-1-2026.pdf (the court's rule book, its cover “SUPERIOR COURT OF CALIFORNIA COUNTY OF MADERA LOCAL RULES OF COURT ADOPTED AND EFFECTIVE January 1, 2026 (Version remains in effect July 1, 2026)”, as fetched 2026-10-15; 917952 bytes, sha256 09e571d1d3d274fb9327738b46ba46823820c85e97926c20e3350d7c5ac18500; 135 pages; this part PDF pages 87 to 94, page numbers 87 to 94) with the shared verbatim composer (v2 reflow): the rules (PDF pages 18 to 118) composed as one text and cut at the division headings, and in Divisions 2, 4 and 5 at a chapter heading (“Chapter 7 Telephone Hearings in Selected Departments Using CourtCall System.”, “Chapter 2 Traffic Matters”, “Chapter 2 Juvenile Dependency Cases -Appointment of Counsel”), each matched once as a whole line; every page's three-line running head (“Superior Court of California”, “County of Madera”, “Local Rules of Court”, named) and page number (“18” to “118”, named) removed as chrome - 404 chrome lines; lines reflowed into the rules' paragraphs, each rule number and lettered or numbered subdivision starting a line; the strike report (review/strike-report-2026-10-15.txt) finds no struck run in the book; the SymbolMT font's trademark sign after “CourtCall” in Rule 2.7.2(c) and “COURTCALL” in Rule 2.7.4 (PDF pages 44 and 45), a private-use code point in the text layer, read as the “™” it prints (the composer's glyph map, applied to the text and the proof's layer alike); 6 whitespace-only fixes (build/book-fixes.json: two rule numbers cited at a line's head - “1.6.9” and “7.1.7” - rejoined to their sentences, Rule 1.3.1(i)'s “1.3.1(a)-(h)” rejoined, the end of Rule 1.6.4's fee table and the paragraph after it split, a row of Rule 1.6.7's fee schedule split from the next row's label, and Rule 4.2.10(f)'s mailing address split into its lines); the vertical-gap, short-line, page-break, false-break, structural-break and row-join audits (review/book-gap-audit-2026-10-15.txt, review/book-short-lines-2026-10-15.txt, review/book-extra-audits-2026-10-15.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 with the judges of the court (PDF page 1), the instructions for filing (2), the table of contents (3 and 4), the list of effective rules (5 to 17), the index (119 and 120) and the lists of local forms (121 to 135) belong to no card.
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.