Loading…
Chapter 5 (Rules 5.1 to 5.23), after its scope - the rules supplement the Welfare & Institutions Code and do not cover juvenile traffic hearings: the presiding judge of the juvenile court (5.1); noticed motions and requests to place a matter on calendar (no request after 3:30 p.m.; motions to continue under W&I § 682 at least two (2) business days before) (5.2); informal pre-hearing discovery, discovery motions and requests for transcripts on local form MJV-300 (5.3); ex parte orders and local form MMC-121 (5.4); attendance at hearings (5.5); pretrial conferences (5.6); access to the courtroom by non-parties (5.7); informal exchange of juvenile records with the listed agencies on local form MJV-102 (5.8); release of records by Family & Children's Services (5.9); medical issues - health assessments and treatment of detained minors, and psychotropic medication under W&I § 369.5 on form JV-220 (5.10); inspection of holding facilities under W&I § 209 (5.11); a motion challenging the legal sufficiency of a dependency petition (5.12); paternity findings (5.13); representation of parties - competency and continuing education (rule 5.664), standards, complaints about appointed attorneys, children's attorneys and caseloads over 140 cases (5.14); counsel's notice of unavailability ten (10) days before (5.15); modifications of orders (5.16); family court orders created in juvenile court (5.17); guardians ad litem (5.18); restitution determinations - a hearing in approximately 60 days and the report at least five (5) business days before (5.19); interviewing minors who are alleged victims (5.20); the CASA program and CASA reports filed at least three (3) business days before (5.21); transcripts of confidential proceedings on local form MJV-300 (5.22); and transportation of incarcerated parents to hearings (5.23).
California > First Appellate District > Mendocino County > Superior Court of California, County of Mendocino
Chapter 5: Juvenile Court Rules These local rules are intended to supplement State statutes which are principally found in the Welfare & Institutions Code. In addition, they supplement the California Rules of Court relating to juvenile court matters (see California Rules of Court rules 5.501-5.830) (Effective 1/1/99; amended 7/1/05; renumbered & amended 1/1/07). To the extent that any of these rules conflict with either State statute or California Rules of Court, the local rule is of no legal effect. These rules cover juvenile court law, but not juvenile traffic hearings or traffic hearing appeals. (Amended 1/1/22) 5.1 Judicial Administration There will be one presiding judge of the juvenile court who will be selected by the presiding judge of the court. (Effective 1/1/99; renumbered 1/1/19; amended 1/1/23) 5.2 Noticed Motions and Requests to Place Matter on Calendar All motions for substantive relief must be filed in accordance with CCP §1005 and California Rules of Court rule 3.1300. No noticed motion will be accepted by the clerk for filing unless it is accompanied by a proof of service. Counsel for any party or any tribal representative can file a request to place a matter of a less formal nature on the court’s calendar. No request to place a matter on calendar, except a request to set a detention hearing, will be accepted by the clerk or placed on calendar, unless the request is submitted in writing before 3:30 p.m. and not less than five (5) business days before the hearing and is accompanied by a proof of service. Any request submitted less than five (5) business days before the requested hearing date, other than a request for a detention hearing, must be accompanied by an order shortening time with a declaration setting forth the need for an order shortening time. All requests with an order shortening time will be filed at the clerk’s window. Any request filed after 3:30 p.m. will be deemed late and will not be accepted for filing. Exceptions to the five business day rule include: a. Motion to Continue (W&I § 682). The Motion to Continue must be filed and served on all parties at least two (2) business days before the hearing parties are seeking to continue. Any motion filed without notice to opposing counsel, probation, and minor will not be accepted for filing. (Effective 1/1/99; amended 7/1/04; renumbered 1/1/19; amended 1/1/23; amended 1/1/24; amended 1/1/25) 5.3 Pre-hearing Discovery a. Timely Disclosure of Informal Discovery: Pre-hearing discovery will be conducted informally. Except as protected by privilege, all relevant material must be disclosed in a timely fashion to all parties to the litigation, In re Jose Z. (1970) 3 Cal.3d 797, California Rules of Court rule 3.850. b. Pre-hearing discovery in delinquency matters will be conducted in accordance with Penal Code § 1054 et seq. and California Rules of Court rule 5.546. c. Discovery Motions: Only after all informal means have been exhausted may a party petition the court for discovery. Any noticed motion must state the relevancy and materiality of the information sought and the reasons why informal discovery was not adequate to secure that information. The motion must be served on all parties at least five (5) business days before the hearing date. The date for the hearing will be obtained from the clerk. Any responsive papers must be filed and served two (2) business days prior to the hearing. d. Civil Discovery: There will be no depositions, interrogatories, subpoenas of juvenile records or other similar types of civil discovery without approval of the juvenile court judge upon noticed motion. e. Requests for Transcripts: Requests for transcripts in any juvenile case must be submitted on local form MJV-300 Request for Special Transcript and Order and in accordance with local rule 5.22. (Effective1/1/99; amended 7/1/04; renumbered 1/1/07; amended 1/1/07; renumbered 1/1/10; amended 1/1/17; amended 1/1/18; renumbered & amended 1/1/19; amended 1/1/23; amended 1/1/25) 5.4 Ex Parte Orders a. Application for Ex Parte Order; Declaration: An ex parte order will be issued only if the application is accompanied by a declaration adequate to support its issuance. Ordinarily, an ex parte order will not be issued unless one of the following conditions exist: 1. Notice was given to all counsel, social workers, probation officers, child advocates, and parents who are not represented by counsel so that party might oppose the application. 2. It clearly appears in the declaration that giving notice would frustrate the purpose of the proposed order. 3. The applicant or the child would suffer an irreparable injury before the other parties could be heard in opposition. 4. It appears by declaration that no significant burden or inconvenience will result to the adverse parties. b. The party requesting the ex parte order must apply to the clerk for a time to submit the request. c. The party requesting the ex parte orders must inform the judge that notice has been given by submitting local form MMC-121 Declaration Re Notice of Ex Parte Application for Orders. The Declaration must state the names of the persons to whom notice was given, the manner of giving notice, that the persons were given a copy of the application or notice of its content, and the time that the matter would be submitted to the court, and if notice was not given to any person entitled thereto, the reason that such notice was not given. The original declaration and accompanying Application for Order must be submitted to the court clerk in the juvenile department where the matter would normally be heard. (Effective 1/1/99; amended 7/1/07; renumbered 1/1/19; amended 1/1/23) 5.5 Attendance at Hearings (California Rules of Court rule 1610) a. Unless excused by the court, each party and attorney must attend each scheduled juvenile court hearing. b. All children are entitled to attend court hearings. Every child four (4) years or older must be told of his or her right to attend court hearings by his or her attorney and his or her probation officer/social worker. If the child is present, the judicial officer hearing the case may view and speak with the child. (Effective 1/1/99; amended 7/1/05; renumbered 1/1/19) 5.6 Pretrial Conference (No Statute) (No Court Rule) Pretrial Conferences may be held prior to any contested hearing, unless deemed unnecessary by the judicial officer setting the hearing. (Effective 1/1/199; amended 7/1/04; renumbered 1/1/19; amended 1/1/24) 5.7 Access to Courtroom by Non-Parties (W&I §§ 345, 346, 676) Unless specifically permitted by statute, juvenile court proceedings are confidential and will not be open to the public. The court encourages interested persons to attend juvenile proceedings to better understand the workings of the juvenile court. The court retains the discretion to determine in each case whether an interested party may remain in the courtroom. The court or its agent will remind each such nonparty that the name(s) of parties or identifying information from any case are confidential and should not be repeated to anyone outside of the court. (Effective 1/1/99; amended 7/1/04; renumbered 1/1/19; amended 1/1/23) 5.8 Informal Exchange of Juvenile Records a. Juvenile records include those records described in California Rules of Court rule 5.552, all records maintained by the juvenile division of the Mendocino County Probation Department (“Probation”), and the Family & Children’s Services Division of the Mendocino County Health & Human Services Agency, even if the Departments’ contacts with a child or the child’s family are informal and juvenile court proceedings are not instituted. (T.N.G. vs. Superior Court (1971) 4C.3d 767, 780-781) b. Except as provided in subsection (c), all requests for inspection and disclosure of juvenile records will be governed by the procedures set forth in W&I § 827, California Rules of Court rule 5.552, and this local rule. c. Notwithstanding the policy that juvenile records should remain confidential, the law recognizes that it is in the best interest of children that exceptions to confidentiality be made so that persons investigating or working with children and their families may obtain complete, prompt, and accurate information concerning the child and the family (See, e.g., W&I § 827(a)(1)(J), (K)) Limited and informal disclosure of relevant juvenile records by Probation and Family & Children’s Services to the agencies, individuals, and organizations that work with, treat, or make recommendations regarding children and their families (listed below) on a “need to know” basis benefits children and their families by avoiding duplication of investigative efforts. This process benefits the court by ensuring that agencies, individuals, and organizations that work with children and families have prompt access to all information which may be relevant in determining what is in a child’s best interest. The public interest in achieving these goals outweighs the confidentiality interests reflected in W&I §§ 827 and 10850, et. seq., and establishes good cause for this rule. 1. Family & Children’s Services and Probation may provide verbal information regarding, allow inspection of, or provide copies of, relevant juvenile records to the following agencies, persons, and organizations on an “as needed” basis: a. Probation b. Family & Children’s Services c. Facilitators of Family & Children’s Services parenting programs, including but not limited to, the Intake Support Group and the Family Empowerment Group d. Mendocino County Behavioral Health & Recovery Services, or any private psychologist, psychiatrist, or mental health professional ordered by the juvenile court to examine or treat any child, their parent, or their guardian who falls within the jurisdiction of the juvenile court e. Foster Family Agencies f. Any hospital where a child is an inpatient for psychiatric reasons, for the purpose of treatment or discharge planning g. Redwood Coast Regional Center h. Any sexual abuse treatment program or victims’ group to which a child or his or her parent or guardian is referred for treatment by the juvenile court i. Any substance abuse treatment provider, including but not limited to the Mendocino County Alcohol and Other Drugs Program (AODP), to which a child, their parent, or their guardian is referred to for treatment by the juvenile court j. Victim/Witness coordinators for the State of California Victims of Crime Programs k. Any domestic violence and/or anger management treatment program to which a child, their parent, or their guardian is referred to for treatment by the juvenile court l. The designated trial representative or the Indian Child Welfare Worker for any federally recognized Native American Indian tribes located in Mendocino County m. A judge or commissioner assigned to a family law case with issues concerning custody or visitation n. The family court mediator or court-appointed evaluator conducting an assessment or evaluation of child custody, visitation, or guardianship for the family or juvenile court o. The Mendocino County Victim Offender Reconciliation Program (VORP) p. Probate Court Investigator d. Any disclosure or exchange of information authorized by subsection (c) of this rule is subject to the following conditions: 1. A request for information exchange of juvenile records must be submitted on local form MJV-102 Declaration: Information Exchange of Juvenile Records in accordance with W&I § 827 and the California Rules of Court rule 5.552 2. Before releasing the requested records, Probation and Family & Children’s Services must establish to the agency’s satisfaction that the party requesting the juvenile records is a member of an agency or organization, described in subsection (c) of this rule or an individual authorized to receive the information 3. Information identifying the reporting party or source of referral must be redacted prior to disclosure of juvenile records and must remain confidential in accordance with Penal Code §§ 11167, 11167.5 4. If an agency, person, or organization which has received juvenile records pursuant to this rule desires to disclose the information to a third party, it must make a written application to the juvenile court for permission to disclose such information pursuant to W&I § 827 and California Rules of Court rule 5.552 5. Juvenile records obtained pursuant to this rule will be used exclusively in the investigation and/or treatment conducted by the agency, organization, or person described in subsection (c), and in any juvenile or family court proceedings following the investigation or treatment 6. Nothing in this rule is intended to limit any disclosure of information by an agency which is otherwise required or permitted by law e. If Probation or Family & Children’s Services receive a request for disclosure of juvenile records which it deems to fall outside the scope of informal disclosure authorized by this rule, the agency must deny the request and refer the requesting party to the provisions of W&I § 827, California Rules of Court rule 5.552, and this local rule. (Effective 1/1/99; renamed & amended 7/1/05; amended 1/1/07; renumbered 1/1/10; amended 7/1/18; renumbered & amended 1/1/19; renumbered 1/1/22; renumbered 7/1/22; amended 1/1/23; amended 7/1/24) 5.9 Release of Juvenile Records by Family & Children’s Services/Mendocino County Health & Human Services Agency W&I § 827 limits the inspection and copying of any documents or records contained in a child welfare agency case file to certain authorized individuals unless otherwise ordered by the court. W&I § 830 permits members of a multidisciplinary personnel team engaged in the prevention, identification, management, or treatment of child abuse or neglect to disclose and exchange information and writings relating to any incidents of child abuse that may also be part of a juvenile court record or otherwise designated as confidential under state law with one another if the member of the team having that information or writing believes it is generally relevant to the prevention, identification, management, treatment of child abuse, or the provision of child welfare services. Family & Children’s Services is contracted with providers listed in subsection (a) who are engaged in the prevention, identification, management, and treatment of child abuse or neglect and who participate in multidisciplinary teams that receive and discuss referrals. Family & Children’s Services has contracted with a professional agency which requires the review of records listed in subsection (b) for the purpose of providing feedback, coaching and education, and to facilitate the coaching and training of social workers in forensic interviewing. a. Family & Children’s Services are authorized to provide copies of relevant juvenile records to the following agencies: 1. Differential Response 2. Center for Innovation and Resources, Inc. b. Records which may be produced include, but are not limited to, the following: 1. Structured Decision-Making Safety Assessment form(s) 2. Safety Plans 3. Structured Decision-Making Family Strengths & Needs Assessment(s) 4. Family & Children’s Services Family Team Mapping Notes 5. Family & Children’s Services Case Plan(s) c. Any disclosure or exchange of information authorized by subsection (b) of this rule will be subject to the following conditions: 1. Receiving agencies may not disseminate any documents or information relating to the context of the child welfare agency records to any persons or agencies other than those persons or agencies listed in subsection (a) of this rule. 2. Written authorization to release information has been obtained from the parent or legal guardian of the child(ren) for whom the child welfare services records will be released 3. The following language must be placed on each page of the released records: CONFIDENTIAL: UNLAWFUL RELEASE OR POSSESSION OF THIS INFORMATION IS A MISDEMEANOR”. (Effective 7/1/18; renumbered 1/1/19; renumbered 1/1/22; renumbered 7/1/22; amended 1/1/23) 5.10 Medical Issues a. Order Permitting Health Assessments, and Treatment of Temporarily Detained Minors: (Subdivision (a) as amended eff. 7/1/05.) In order that children detained by the Probation, Health & Human Services Agency, Family & Children’s Services temporary holding facilities (i.e., Children’s Shelter, Juvenile Hall, Juvenile Rehabilitation Facilities, Emergency Foster Homes, and alternative shelter programs) receive necessary care of their physical and mental health and do not endanger the health and welfare of other persons in these facilities, the Mendocino County Community Clinic, and/or the Mendocino County Department of Behavioral Health & Recovery Services, Mental Health Facility are hereby authorized to provide the following services to all such juveniles outlined in the “Statement of Committee on Adolescence of the American Academy of Pediatrics, Health Care for Children and Adolescence in Detention Centers, Jails, Lock-ups, and other Court Sponsored Residential Facilities”: 1. A comprehensive health assessment and physical examination. 2. Any clinical laboratory tests the physician determines are necessary for the evaluation of the child’s health status. 3. Upon consent of the adolescent, sexually active adolescents may be screened for venereal disease. Contraceptive devices may be furnished to any juvenile upon the minor’s request. 4. Any immunization necessary to bring a child’s immunization up to date, if immunization records are unavailable, any immunizations recommended by the American Academy of Pediatrics for that child’s age. 5. Any routine medical care required based on the results of the comprehensive health assessment, and any routine medical care required for the care of illness and injury, including the use of standard x-rays. Routine medical care as referred to above includes: (Subdivision 5(a), (b) and (c) repealed 7/1/05) 6. A mental health status evaluation and necessary mental health services except no placement in an inpatient psychiatric facility will occur without compliance with W&I §§ 319.1, 635.1 and 5150 et seq. 7. A dental assessment, including x-rays when appropriate, and any routine dental treatment required based on the results of the dental assessment. b. All reasonable efforts should be made to obtain the consent of the parent or legal guardian for non-routine medical care while the child is temporarily detained or placed out-of-home at the time of admission to the temporary holding facility. In the event said consent cannot be obtained (e.g. parent or guardian is not available to given consent), the social worker or probation officer must request a court order for any non-routine health care. (Subdivision (b) effective 7/1/04) c. Authorization for Use of Psychotropic Medication (W&I § 369.5): All requests for authorization for use of psychotropic medication for children who are wards or dependents of the juvenile court must be on Judicial Council form JV-220 Application for Psychotropic Medication and comply in all respects with W&I § 369.5. (Effective 1/1/99; amended 7/1/05; renumbered 1/1/10; amended 7/1/18; renumbered 1/1/19; renumbered 1/1/22; renumbered 7/1/22; amended 1/1/23) 5.11 Inspection of Law Enforcement Holding Facilities Pursuant to W&I § 209 the juvenile court judge or the Juvenile Justice Commission must conduct an annual inspection of the Juvenile Hall and all law enforcement facilities in Mendocino County, which contain a lockup for adults which, in the preceding year, was used for the secure detention of a minor. (Effective 1/1/99; renamed & amended 7/1/04; renumbered 1/1/10; renumbered 1/1/18; renumbered 1/1/19; renumbered 1/1/22; renumbered 7/1/22) 5.12 Motion to Challenge Legal Sufficiency of Dependency Petition In any dependency proceeding, the court may entertain a legal challenge to the petition’s sufficiency by a motion akin to a demurrer. Such a motion may be made in writing or orally but must be made as early in the proceedings as possible. The court may rule on the motion at the hearing at which it is made or may continue the hearing on the motion to another date in order to receive points and authorities from counsel. If the court sustains the motion, the court may grant leave to amend the pleadings in the petition upon any terms as may be just and will fix the time within which the amendment or amended petition must be filed within the statutory time for the hearing on jurisdiction. In re Fred J (1979) 89 Cal.App.3d 168; Code of Civil Procedure § 472(a). (Effective 1/1/99; renamed & amended 7/1/04; renumbered 1/1/10; renumbered 1/1/18; renumbered 1/1/19; renumbered 1/1/22; renumbered 7/1/22) 5.13 Paternity Findings (California Rules of Court Rule 3.822) a. Determination of Issue (W&I § 726.5): The issue of the paternity of a child may be determined in the context of a juvenile court proceeding. (Subdivision (a) amended 7/1/04) b. Necessary Court Measures: If a person claims to be the natural/biological father of a child who is the subject of juvenile court proceedings, the court may take such measures as are necessary to make a paternity finding. c. Right to Counsel/Legal Responsibilities: The court must inform the mother and the person claiming to be father of their right to be separately represented by counsel on the issue of parentage in any parentage proceeding arising under this rule. The court must advise the person claiming to be father of his legal responsibilities should he be found to be the natural father of the minor, including the obligation to pay child support and the possibility he may be incarcerated if he willfully fails to pay child support after being legally ordered to do so. d. Evidence or Testimony: The court will permit such evidence to be taken as necessary to determine the paternity of the child. Testimony from the mother and the person claiming to be the natural father may be sufficient to make a paternity finding. If the mother or the person claiming to be father is absent from the court proceeding, evidence in addition to testimony from those in attendance will normally be necessary to enable the court to make a paternity finding. e. Scientific Testing: The court may order blood or other scientific tests if it believes such tests will assist in making a paternity finding. The court will determine which party or parties must pay for any such test. f. Release of Findings/Need to Know: Any paternity finding must be noted in the clerk’s minutes and will be available to any person or agency having a need to know upon request. (Effective 1/1/99; renumbered & amended 1/1/07; amended 1/1/09; renumbered 1/1/10; renumbered 1/1/18; renumbered 1/1/19; renumbered 1/1/22; renumbered 7/1/22; amended 1/1/23) 5.14 Representation of Parties (W&I § 317-318, California Rules of Court rules 5.660 and 5.663) a. General Competency Requirement: All court-appointed attorneys appearing in juvenile court must meet the minimum standards of competence set forth in W&I § 634.3 and California Rules of Court rule 5.664. Each attorney who wishes to accept appointments in juvenile court must submit a summary of his or her qualifications to practice in juvenile court on Judicial Council form JV-700 Declaration of Eligibility for Appointment to Represent Youth in Delinquency Court. The juvenile court judge will review the competency form prior to appointing an attorney to represent a party in juvenile court. b. Continuing Education: Pursuant to California Rules of Court rule 5.664, each court-appointed attorney who practices before the juvenile dependency court must complete at least 12 hours of continuing education related to dependency proceedings within every three (3) year period. A minimum of four (4) hours of training in each three (3) year period must be devoted to issues of domestic violence, sexual abuse of children, and/or substance abuse. c. Standards of Representation 1. Attorneys are expected to meet regularly with clients, including clients who are children, regardless of the age of the child or the child’s ability to communicate verbally, to contact social workers, probation officers and other professionals associated with the client’s case, to work with other counsel and the court to resolve disputed aspects of a case without contested hearing, and to adhere to the mandated timelines. The attorney for the child must have sufficient contact with the child to establish and maintain an adequate and professional attorney-client relationship. The attorney for the child is not required to assume the responsibilities of a social worker or probation officer and is not expected to perform services for the child that are unrelated to the child’s legal representation. 2. Complaints about Court-Appointed Attorneys a. Any party to a juvenile proceeding may lodge a written complaint with the court concerning the performance of his/her appointed attorney as follows: i. Complaints or questions will initially be referred to that attorney’s supervisor within the agency, association, or law firm appointed to represent the client. ii. If the issue remains unresolved or if there is no designated agency, association, or law firm, the party may submit a written complaint to the court in which the matter is pending on local form MJV-101 Complaint about Performance of Court Appointed Attorney. The court will conduct a prompt review of the complaint or question which may include an in chambers hearing. The court may take any appropriate action required, including relieving counsel and appointing new counsel, and/or holding a formal hearing on the matter. b. In the case of a complaint concerning the performance of an attorney appointed to represent a minor, the complaint may be lodged by the child or on the child’s behalf by the social worker, a caretaker, a relative, a foster parent, or a child advocate. c. Special duties of Children’s Attorneys i. Unless otherwise specified by the judge hearing a juvenile matter, an attorney appointed to represent a child will serve as the Child Abuse Prevention and Treatment Act (“CAPTA”) guardian ad litem for the child as set forth in W&I § 326.5. ii. An attorney for a child in a dependency proceeding will make an independent investigation pursuant to W&I § 317(e). If the minor is four (4) years or older, the independent investigation must include an interview with the minor. If the results of the investigation vary from the information in the Social Worker’s report, the attorney must file a report or declaration prior to the scheduled court hearing summarizing the result of his or her investigation. iii. Access to Children in W&I § 300, Proceedings a. No party or attorney in a dependency proceeding will interview a child about the events relating to the allegations in the petition(s) on file without permission of the child’s attorney or court order. b. No party or attorney in a dependency proceeding will cause a minor to undergo a physical, medical, or mental health examination or evaluation without court approval. Each party will have the right to notice and be heard on the person to be selected to perform medical or mental health evaluations other than medical examinations per W&I § 324.5. c. This rule does not apply to the investigating probation officer or investigating social worker. d. Caseloads for Children’s Attorneys: Court appointed attorneys for children must notify the juvenile court judge when their caseload exceeds 140 cases (sibling groups will constitute 1 “case” for the purpose of this rule). Upon receiving such notification, the juvenile court judge will take steps to assure that the attorney is able to meet minimum standards of attorney performance. (Effective 1/1/99; renamed 7/1/04; amended 1/1/07; amended eff. 1/1/09; renumbered 1/1/10; renumbered 1/1/18; renumbered 1/1/19; renumbered 1/1/22; renumbered 7/1/22; amended 1/1/23) 5.15 Attorney Notice of Unavailability All court appointed counsel must notice the court ten (10) days prior to hearing days in which counsel is unavailable. The notice must be filed with the court and include a proof of service to all opposing counsel, and if relevant to agencies that participate in court hearings. (Effective 7/1/24) 5.16 Modifications of Orders (W&I §§ 386-388, 775-779) a. Previous Order: Any request order to change, modify, or set aside a previous order of the juvenile court must comply with W&I §§ 386-388, 775-779). b. Decrease in Visitation by Parent/Party: Any significant decrease from the court-ordered level of a parent’s/party’s level of visitation must be presented to the affected parent/party for comment before being submitted to the court. The court may set a hearing on the issue after hearing the parent’s/party’s comment on the proposed reduction. c. Vacations Out of Mendocino County: Permission for a dependent or ward’s custodian to take the child out of Mendocino County for a vacation may be submitted directly to the court for approval. Any attempts to notify the parents must be indicated in the application. d. New Service Plan Requirements: Any significant changes or additions to the court ordered Family Reunification or Family Maintenance service plan for parents/guardians must be submitted to the parents and/or their attorney for approval before implementation. A parent who disagrees with the new requirements may request a hearing with the court on the matter. (Effective 1/1/99; subdivisions (a) & (b) repealed 7/1/04; renamed 7/1/04; amended 1/1/09; renumbered 1/10/10; renumbered 1/1/18; renumbered 1/1/19; renumbered 1/1/22; renumbered 7/1/22; renumbered 7/1/24) 5.17 Creation of a Family Court Order in Juvenile Court a. Petition for Dismissal: Whenever any interested party believes that juvenile court intervention on behalf of the child is no longer necessary, application may be made to the juvenile court pursuant to W&I § 388 or at any regularly scheduled hearing to have the case dismissed. Thereafter, any future litigation relating to the custody, visitation, and control of the child will be heard in the family court or other appropriate court department. b. Juvenile Court Custodial Order: If the juvenile court determines that jurisdiction of the juvenile court is no longer necessary for the protection of the child, the court may create a custodial order on Judicial Council form JV-200 Custody Order – Juvenile – Final Judgment consistent with the needs of the child and thereafter dismiss the juvenile petition and case (W&I §§ 361.2, 362.4). Any party may object to the proposed dismissal and be heard on the issues. (Amended 7/1/04; amended 1/1/09) c. Maintenance of Orders in Court Files 1. Juvenile Court: The original court order must be filed in the family court or civil file and endorsed copies must be filed in the juvenile court file. A copy of the endorsed-filed order must be mailed to the attorneys and parties. 2. Superior Court: If no court order exists in the family court or other court division or in any other jurisdiction, the court clerk will create a file under the names of the child’s parents. The file will contain a copy of the juvenile court order. There will be no filing fee. W&I § 362.4. (Effective 1/1/99; renumbered 1/1/10; renumbered 1/1/18; renumbered 1/1/19; renumbered 1/1/22; renumbered 7/1/22; amended 1/1/23; renumbered 7/1/24) 5.18 Guardians Ad Litem a. For Children: All children who are the subject of juvenile court proceedings will be appointed a guardian ad litem. Unless otherwise stated by the court, the child’s attorney will serve as the guardian ad litem. (W&I § 326.5). b. For Parents: The court may appoint a guardian ad litem to represent an incompetent parent or guardian whose child is before the juvenile court pursuant to a dependency petition (W&I § 300, et seq.). The parent or guardian will be entitled to a hearing on the issue of whether a guardian ad litem will be appointed. c. Notice to Guardian ad Litem, Access to Records, and Rights to Appear: The guardian ad litem will be given the same notice as any party in all proceedings. The guardian ad litem will have the same access to all records relating to the case as would any party. The guardian ad litem will have the right to appear at all hearings. (Effective 1/1/99; subdivisions (a)(2) & (3) repealed 7/1/04; subdivisions (c)(2) & (3) combined & renumbered 7/1/04; renumbered & amended 1/1/10; renumbered 1/1/18, renumbered 1/1/19; renumbered 1/1/22; amended 1/1/23; renumbered 7/1/24) 5.19 Restitution Determination Procedures (W&I §§ 730.6, 742) a. In any juvenile delinquency disposition where the Probation Department does not have sufficient information at the time of disposition to make a specific recommendation as to the amount of restitution to the victim that may be ordered pursuant to W&I § 730.6(a)(2)(B), the following procedure will apply: 1. The disposition report prepared by Probation should request that a date be set in approximately 60 days for a restitution hearing. 2. The Probation Department will investigate the matter and prepare a restitution recommendation report that addresses: a. The value of stolen or damaged property b. Medical expenses c. Lost wages or profits due to injury d. Lost wage or profits due to time spent as a witness or assisting the police or District Attorney e. The names of any co-responsible persons 3. The restitution report must be submitted to the court and counsel at least five (5) business days prior to the scheduled hearing. The documentation upon which the Probation Officer relies in making the restitution recommendation must be forwarded with the report to the District Attorney and minor’s counsel, but not to the court. b. On the date set for the restitution hearing, the matter will be called on the record in the presence of counsel for both parties. If either the minor or the minor’s parent/guardian are not present, counsel for the minor must inform the court whether those persons indicated that they did or did not wish to be present for the hearing. c. If the matter is set for an evidentiary hearing after the Probation Department has made a recommendation for a specific amount of restitution, the burden to produce witnesses and the burden of proof by a preponderance of the evidence that the recommended amount is excessive will be on the minor. d. After a restitution order is issued by the court, the Probation Officer will notify the victim within 60 days of the following: 1. The name and address of the minor. 2. The amount and terms of restitution ordered. 3. The offenses that were sustained. 4. The name and address of the parent/guardian of the minor. 5. The applicability of Civil Code §§ 1714.1 and 1714.3 regarding joint and several liability of the parent/guardian. 6. Whether the minor’s parents received proper notice of the proceedings and potential liability. 7. The victim’s right to a certified copy of the order reflecting items (1-6) above. 8. The victim’s right to enforce the restitution order as a civil judgment pursuant to W&I § 730.6(r) and Penal Code § 1214. e. Prior to hearing any motion to modify the restitution order, all parties and the victim must be notified at least 10 business days prior to the hearing date, as required by W&I § 730.6(h). (Effective 7/1/05; renumbered 1/1/10; renumbered 1/1/18; renumbered 1/1/19; renumbered 1/1/22; renumbered 7/1/22; amended 1/1/2; renumbered 7/1/243) 5.20 Interviewing Minors Who Are Alleged Victims of Child Abuse All investigators, agencies, law enforcement personnel, attorneys, and child advocates must attempt to minimize the number of interviews with a child relating to the events surrounding the alleged child abuse. To this end, anyone wishing to learn facts about the alleged incident must first review the comprehensive interview taken by the investigating officer. (Effective 7/1/05; renumbered 1/1/10; renumbered 1/1/18; renumbered 1/1/19; renumbered 1/1/22; renumbered 7/1/22; amended 1/1/23; renumbered 7/1/24) 5.21 Court Appointed Special Advocate Program (CASA) a. Adoption of CASA Program 1. The court hereby adopts the guidelines for the Court Appointed Special Advocate Program (CASA) as set forth in W&I §§ 100 through 109, inclusive, and California Rules of Court rule 5.655. 2. The CASA Program must report regularly to the juvenile court judge 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. b. Release of Information to CASA 1. To accomplish the appointment of a CASA, the judge, commissioner, or referee making the appointment must sign an order granting the CASA the authority to review specific relevant documents, interview parties involved in the case, and interview 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. 2. The CASA will have the same legal right to records relating to the child he/she is appointed to represent as any case manager (social worker or probation officer) regarding records pertaining to the child 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 CASA must present a copy of his/her appointment order, together with his/her identification, to the provider to gain access to the requested information. No consent from the parent or guardian is necessary for the CASA to have access to any records relating to the child. c. Right to Timely Notice and Right to Appear 1. Whenever any motion is made or a supplemental or subsequent petition filed, concerning the child for whom the CASA has been appointed, the moving party must provide the CASA with timely notice. 2. A CASA will have the right to be present and heard at all court hearings and must not be subject to exclusion because he/she may be called to testify at some point in the proceedings. A CASA is not a party to the dependency proceedings. However, the court has the authority to grant the CASA amicus curiae status, which includes the right to appear with counsel. d. Calendar Priority: In light of the fact that CASAs are rendering a volunteer service to children and the court, matters on which they appear should be granted priority on the court’s calendar whenever possible. e. CASA Reports: CASA reports will be filed with the court at least three (3) business days prior to the hearing. The CASA program must provide a copy of the report to all counsel of record at least three (3) business days before the hearing. (Effective 7/1/13; renumbered 1/1/18; renumbered 1/1/19; renumbered 1/1/22; renumbered 7/1/22; amended 1/1/23; renumbered 7/1/24) 5.22 Request for Transcript of Confidential Proceeding Any requests for a transcript of a confidential juvenile court proceeding for any purpose other than appeal must submit local form MJV-300 Request for Special Transcript and Order to the juvenile court judge. If the applicant requests that the transcript be provided at court expense, a current fee waiver request or other proof of current financial circumstances must accompany form MJV-300 or have been filed with the court within the prior three (3) months. If the applicant requests that the transcript be provided in an expedited manner (within 10 days of the request), justification must be clearly stated in the request. (Effective 1/1/17; renumbered 1/1/18; renumbered 1/1/19; renumbered 1/1/22; renumbered 7/1/22; amended 1/1/23; renumbered 7/1/24) 5.23 Transportation of Inmates to Juvenile Law Hearings a. Counsel for any party who is incarcerated in the Mendocino County jail or other local detention facility whose parental rights are subject to adjudication in the juvenile court, may request that the party be transported to court or appear remotely by way of written request filed in the case or sent directly to the juvenile clerk no less to than two (2) business days in advance of the hearing. Counsel for the Department of Social Services is expected to advise the court by the same procedure of any parent, alleged or otherwise, who is incarcerated locally at least two (2) business days in advance of an initial appearance on a new petition. b. Counsel for persons incarcerated in the California Department of Corrections (CDCR) or other state prison whose parental rights are subject to adjudication in the juvenile court, must file with the court no less than 30 days in advance of the hearing Judicial Council forms JV-450 Order for Prisoner’s Appearance at Hearing Affecting Parental Rights and JV-451 Prisoner’s Statement Regarding Appearance at Hearing Affecting Parental Rights to ensure the person’s appearance either by video, telephone, or physical transport. A request to appear in person rather than by video conference or telephone must be governed by Penal Code § 2625. If a parent or alleged parent is incarcerated in the CDCR or other state prison at the time of the initial filing of the petition under Welfare & Institutions Code § 300, it is the responsibility of the Department of Social Services to ensure their initial appearance from the institution where they are housed. (Effective 7/1/09; amended 1/1/10; amended 1/1/17; renumbered & amended 1/1/19; renumbered 1/1/22; renumbered 7/1/22; amended 1/1/23; amended 1/1/24; renumbered 7/1/24)
Chapter 5: Juvenile Court Rules These local rules are intended to supplement State statutes which are principally found in the Welfare & Institutions Code. In addition, they supplement the California Rules of Court relating to juvenile court matters (see California Rules of Court rules 5.501-5.830) (Effective 1/1/99; amended 7/1/05; renumbered & amended 1/1/07). To the extent that any of these rul
Reviewer note: Composed 2026-10-10 (California T4 Mendocino build 2026-10-10) from BenchPath custody ca/t4/ca-mendocino/docs/local-rules/localrules.pdf (the court's rule book, its cover “Superior Court of California County of Mendocino Local Rules Effective July 1, 2026”, as fetched 2026-10-10; 2190010 bytes, sha256 10c2f9fe33dd913b755e1e05ef7b947b851dc38c30ff0a08807e7ad866117b0c; 152 pages) with the shared verbatim composer (v2 reflow) chapter by chapter - Chapters 1 to 8 (PDF pages 7 to 50; 51 to 63; 64 to 70; 71 to 86; 87 to 104; 105 to 108; 109 to 112; 113 and 114), each beginning at the top of a page: each page's running header (“Superior Court of California, County of Mendocino”) and footer (the page number) removed as chrome; lines reflowed into the rules' paragraphs; no struck run on any of the 152 pages (review/strike-report-2026-10-10.txt); Chapter 1's 55 rule numbers, which the book prints as images the text layer does not carry, set before their headings from their placements on the page (read by eye, and against the book's History Table; build/labels.py, build/labels-report.json); 12 whitespace-only fixes (build/book-fixes.json: Rule 1.8's stacked list of the departments' courtesy copy email addresses, which the reflow ran into one line, set one address a line, and its file-name example set on its own line; seven form numbers broken after the hyphen at a printed line's end set as one number - EFS-007, EFS-020, FW-003, MMC-323-327, MFL-250, FL-150 and JV-220; Rule 1.39's bulleted item “Copies of discovery or motions” set apart from the item before it; and two sentences rejoined where a printed line ended short before a long word - Rule 2.11's sentence on the USB drive's “ADMINISTRATIVE RECORD” label across a page break and Rule 4.2's “Notice of Family Law Case Management Conference”; the vertical-gap, short-line, right-edge, page-break, bold-line, false-break, fragment and row audits find no other); no same-character fix; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover, the table of contents, the lists of local and Judicial Council forms, the History Table and the index 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.