Loading…
Chapter 15 (Rules 15.01 to 15.05): the Local Rules pertaining to civil, family law, probate and criminal actions made applicable to all juvenile dependency proceedings except to the extent of a conflict (15.01); a weekly master calendar for dependency proceedings, detention matters set for hearing at 1:00 P.M. each Monday, the detaining agency to give notice to the Clerk by no later than 3:00 PM of the immediately preceding court day, or by 12:00 PM (noon) on that day for a hearing at any other time, and timely notice to all parties and counsel (15.02(A) to 15.02(B)); Local Rule 3.03 regarding ex parte applications applies in the Juvenile Court, no matter presented ex parte without prior notice to or waiver by counsel for each party except on good cause and for applications for funding for investigators or expert consultants (15.02(C)); every represented party entitled to competent counsel as defined by Rule 5.660 of the California Rules of Court, attorneys seeking appointment to meet its experience and education standards, applications by parents and guardians for appointed counsel presented by oral request in open court or by request to the Clerk, a Modoc County Public Defender or a private attorney or law firm appointed, attorneys for children appointed from a panel maintained by the Clerk, special appearances discouraged, claims for compensation submitted in writing in the form and time prescribed in Local Rule 13.07, and complaints referred initially to the appointed agency, attorney, or law firm and then in writing to the Presiding Judge (15.03); “Choices for Children” the designated Court-Appointed Special Advocate (“CASA”) program for Modoc County, advocates appointed on request or the Court's own motion, sworn in and bound by the rules, given timely notice of any motion, CASA Reports served not later than five calendar days prior to the hearing at which a Report will first be considered, and CASA matters granted calendar priority (15.04); and the provisions of Welfare & Institutions Code Section 827, et seq., which restrict access to information relating to dependency proceedings (15.05).
California > Third Appellate District > Modoc County > Superior Court of California, County of Modoc
CHAPTER 15: JUVENILE DEPENDENCY RULES 15.01 General Applicability of the Modoc County Local Rules of Court to Juvenile Dependency Proceedings: Except to the extent that there may be a conflict with the Rules in this Section 15, the Local Rules pertaining to civil, family law, probate and criminal actions are incorporated herein by this reference as though fully set forth at length, and are hereby made applicable to all juvenile dependency proceedings in the Modoc County Superior Court. (Rule 15.01 adopted effective January 1, 2011.) 15.02 Calendar Matters: A. Dependency Master Calendar. The Court maintains a weekly master calendar for dependency proceedings. However, cases assigned to that calendar may be subject to calendar change. B. Detention Hearings in Dependency Proceedings. In general, detention matters in dependency cases will be set for hearing at 1:00 P.M. each Monday, although they may be set otherwise on an as-needed basis by the Clerk of the Court. It is the responsibility of the detaining agency to give notice to the Clerk of the Court of any detention matter to be heard on the calendar, by no later than 3:00 PM of the immediately preceding court day. If a dependency detention matter must be heard at any time other than as set forth in this Rule 15.02.B, the detaining agency must give notice to the Clerk of the Court by no later than 12:00 PM (noon) on the court day immediately preceding the day of the proposed hearing, so that the Clerk can reserve a bench officer, a reporter, and security personnel. It is the responsibility of the detaining agency to give timely notice of the date and time of any detention hearing to all parties and to all counsel who may have been appointed. C. Ex Parte Applications in Dependency Proceedings. Local Rule 3.03 regarding ex parte applications, including the date, time, and manner of notice, applies to proceedings in the Juvenile Court. No matter may be presented for ex parte consideration by the Court, except on a showing of good cause, without prior notice to, or waiver by, counsel for each party in accordance with these Rules, with the exception of applications by counsel for funding for investigators or expert consultants, or other matters as may be authorized or required by law. (Rule 15.02 adopted effective January 1, 2011.) 15.03 Attorneys Representing Parties in Dependency Proceedings: A. Adoption of Rule. This Rule 15.03 is adopted to comply with Rule 1438(a) of the California Rules of Court. B. Competency of Counsel; Required Experience and Education; Standards of Representation and Caseload Guidelines. 1. Competency of Counsel. Every party in a dependency proceeding who is represented by an attorney is entitled to competent counsel as defined by Rule 5.660 of the California Rules of Court. 2. Experience and Education of Counsel. An attorney seeking appointment as counsel for a party or parties in dependency proceedings must meet the experience and education standards set forth by Rule 5.660 of the California Rules of Court. 3. Standards of Representation. An attorney representing a party or parties in dependency proceedings, and the agents of that attorney, are expected to meet the standards of representation set forth in Rule 5.660 of the California Rules of Court. 4. Caseload Guidelines. Pursuant to Rule 5.660 of the California Rules of Court, the attorney for a child in a dependency matter must adopt caseload management practices that allow for effective performance of the duties required by CRC Rule 5.660, referenced above. C. Appointment of Counsel for Parents and Guardians. 1. Applications. Applications by parents and guardians who seek appointed counsel in dependency proceedings must be presented by oral request in open court, or by oral or written request to the Clerk of the Court. 2. Appointment. Upon application, or on its own after finding good cause, the Court will appoint either a Modoc County Public Defender or a private attorney or law firm to represent parents and guardians. D. Appointment and Responsibilities of Counsel for Children. 1. Appointment. Pursuant to Rule 5.660 of the California Rules of Court, the Court will appoint either a Modoc County Public Defender or a private attorney or law firm to represent children in dependency proceedings. 2. Appointment Not Required. An attorney for a child need not be appointed if the Court finds, in any given case, that the child would not benefit from counsel because the circumstances described in CRC Rule 5.660 apply to that child. In such case, the record will reflect the Court’s findings. 3. Responsibilities of Counsel for Children. An attorney for a child or children in dependency matters is specially charged with the duties and responsibilities set forth in Welfare & Institutions Code §317(e). 4. Appointment Panel. Attorneys for children and other parties in dependency proceedings will be appointed by the Court from a panel maintained by the Clerk of the Court. Said panel will be comprised of attorneys or law firms that meet the requirements set forth in CRC Rule 5.660 and these Local Rules. The supervising Judge of the Juvenile Court will, from time-to-time and at his/her discretion, require evidence of the competency of attorneys who seek to be included on the panel from which dependency appointments are made. 5. Notification of Appointment. The Clerk of the Court, by telephone call to an appointed attorney’s business office, will notify counsel promptly upon appointment. E. Special Appearances. Because the qualifications of attorneys who represent parties in juvenile dependency matters are regulated by W&IC §317.6, and CRC Rule 5.660, special appearances on behalf of attorneys who have been appointed pursuant to W&IC §317(d) are discouraged, especially in contested matters. Special appearances will be permitted in the following circumstances only: 1) with the Court’s permission, upon a showing of good cause; or 2) when the matter is calendared only for setting of a future court date (e.g., for setting a continuance or a contested hearing), in which case counsel making a special appearance must know and be prepared to stipulate to the available dates of appointed counsel. F. Compensation and Claims. 1. Compensation. Appointed attorneys or agencies will be reasonably compensated for their services and expenses, according to rates and schedules to be fixed by the Presiding Judge of the Superior Court. 2. Claims for Compensation. Claims for compensation by appointed attorneys or agencies must be submitted in writing to the Judge of the Juvenile Court, or to such agency as may be designated by the Court from time-to-time, in the form, and not later than the time, prescribed in Local Rule 13.07. Failure to comply with these requirements may be deemed a waiver of the claim for and right to reimbursement. Properly submitted claims will be reviewed and, when approved, will be forwarded to the County Auditor for payment. G. Client Complaints. Complaints by or questions from a party in a dependency hearing regarding his/her representation will be addressed as follows: 1. Initial Referral. Complaints or questions will be referred initially, for informal resolution, to the agency, attorney, or law firm appointed to represent the party. 2. Formal Resolution. If the party was not represented by an appointed agency, attorney, or law firm, or if the issue remains unresolved after referral to the appointed agency, attorney or law firm, the party may submit his/her complaint or question, in writing, to the Presiding Judge of the Superior Court. In most cases, the Court will conduct its own review of the complaint or question, and take appropriate action if required, as the Court may deem appropriate. H. Information Received by the Court Concerning the Child or the Child’s Interests. If the Court receives information from some person other than the attorney for a child, regarding any interest or right of the child, the Court may provide that information to the child’s attorney and direct the attorney to investigate the matter further and to report his/her findings to the Court. If the child has no attorney and such information is brought to the Court’s attention, the Court may appoint an attorney for the child for the purpose of investigating and reporting on the information. (Rule 15.03 adopted effective January 1, 2011.) 15.04 Court-Appointed Special Advocate Program: A. Designation of the Local CASA. The organization “Choices for Children” is designated as the Court-Appointed Special Advocate (“CASA”) program for Modoc County. This designation will remain in effect until terminated or modified by the presiding judge of the Superior Court. The designated CASA program must report regularly to the Superior Court with evidence that it is operating under the guidelines established by the National CASA Association and by Rule 5.655 of the California Rules of Court. B. The Advocate Program. 1. Request for Appointment. A request for appointment of a child advocate in dependency proceedings may be made orally or by written application in open court, or ex parte by any interested person, or by the Court on its own motion. After approval by the Court, the referral shall be forwarded to the CASA program’s office for screening and assignment. 2. Officer of the Court. An advocate is an officer of the Court and is bound by these Rules. Each advocate will be sworn in by a Superior Court Judge before beginning his/her duties, and must subscribe to the written oath required by the Court. The duties and responsibilities of a child advocate are set forth in Welfare & Institutions Code Section 356.5. 3. Specific Duties. The Court will, in its initial order of appointment and/or in subsequent orders, specifically delineate the advocate’s duties in each case. Such duties may include conducting an independent investigation of the circumstances of the case, interviewing and observing the child as well as other individuals where appropriate, reviewing pertinent records and reports, and recommending visitation rights for the child’s grandparents, siblings, and other relatives. The advocate shall report the results of his/her specific duties directly to the Court. 4. Required Reporting of Child Abuse. A CASA advocate is a mandated child abuse reporter with respect to the case to which he/she has been assigned. (CRC Rule 5.655.) 5. Advocate’s Right to Timely Notice. The designated CASA organization shall be given timely notice, by the moving party, of any motion concerning a child for whom a CASA advocate has been appointed. 6. Advocate’s Right to Appear and Be Represented. An advocate has the right to be present and to be heard at all court proceedings involving the subject child, and to accompany the child into chambers for conferences. The advocate will not be subject to exclusion by virtue of the fact that he/she may be called to testify at some point in the proceedings. An advocate has the right to appear with counsel and to request court-appointed counsel if the need arises. 7. Transition from Dependency to Delinquency. Current CASA cases involving children facing crossover from dependency status to delinquency status will transition with the child pursuant to Rule 5.655 of the California Rules of Court. The advocate will provide input to the Court at least five (5) days prior to the Delinquency Disposition Hearing when the 241.1 Protocol is initiated. 8. Visitation throughout Dependency and Delinquency. The advocate must visit the child regularly until the child is in a permanent placement. Thereafter, the advocate must monitor the case as appropriate until it is dismissed. C. Education Advocacy; Release of Information to Education Advocate. 1. Appointment. The Court, upon the request of any interested person or upon its own motion, may order the appointment of a specific suitable person from the CASA Program to serve as an education advocate in a designated juvenile dependency case. 2. Duties. The appointed Education Advocate shall act as an education consultant to the Court and to the Department of Social Services in the matter of the designated case. 3. Access to Information. The appointed Education Advocate shall have access to all information contained in the Court’s file, as well as all information in the possession of the Department of Social Services relating to the subject case. 4. Reporting. The Education Advocate shall report to the Court either through the Department or through any CASA who may be appointed as advocate for the subject child. D. Service of CASA Reports. The CASA Reports required by Welfare and Institutions Code Section 102(c)(1) must be served as follows: 1. Time and Manner of Service. Not later than five calendar days prior to any hearing at which a CASA Report will first be considered, copies of that Report must be served on all counsel of record, on the Department of Social Services, and on any party to the proceeding not represented by counsel. (Note: the Court favors personal service of the Report over service by mail.) 2. Alternative Service of Reports. If a CASA Report cannot be served on an attorney within the time established by Local Rule 16.04.D.1, and if the Clerk of the Court maintains a pickup box for that attorney, then CASA may serve the Report by depositing it in the pickup box maintained by the Clerk for that attorney. Service in this manner will not be deemed complete unless CASA has complied with the requirements of Local Rule 16.04.D.3. 3. Limitations on the Privilege. The service privilege described by Rule 16.04.D.2 extends to service of CASA Reports only. E. Service of W&IC §388 Petitions. If a CASA advocate files a petition pursuant to Welfare & Institutions Code Section 388, such petition must be served according to the provisions of Code of Civil Procedure Sections 1011, 1012, or 1013. F. Proof of Service of CASA Documents. A proof of service indicating the method of service must accompany any document filed by a CASA advocate in Juvenile Court proceedings, including CASA Reports. G. Calendar Priority for CASA Matters. Because CASA advocates are providing volunteer services for the benefit of the Court as well as for the children for whom they advocate, proceedings at which the CASA advocate appears will be granted priority on the Court’s calendar whenever it is feasible to do so. (Rule 15.04 adopted effective January 1, 2011.) 15.05 Confidentiality: All persons interested in dependency proceedings are hereby notified of the provisions of Welfare & Institutions Code Section 827, et seq., and of Rule 1423 of the California Rules of Court, which restrict access to information relating to dependency proceedings. The Court may, from time to time, enact or issue an order to specify local rules and procedures related to access to, and dissemination of, confidential juvenile information. (Rule 15.05 adopted effective January 1, 2011.)
CHAPTER 15: JUVENILE DEPENDENCY RULES 15.01 General Applicability of the Modoc County Local Rules of Court to Juvenile Dependency Proceedings: Except to the extent that there may be a conflict with the Rules in this Section 15, the Local Rules pertaining to civil, family law, probate and criminal actions are incorporated herein by this reference as though fully set forth at length, and are hereby
Reviewer note: Composed 2026-10-12 (California T4 Modoc build 2026-10-12) from BenchPath custody ca/t4/ca-modoc/docs/local-rules/modocrules-07-01-2024.pdf (the court's rule book, its first page “SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF MODOC LOCAL RULES OF COURT TABLE OF CONTENTS”, as fetched 2026-10-12; 1907063 bytes, sha256 a50f847b5814ce5e8bb2da3640a5e49e90c9d77c5617112ef0f5d7b35039c95e; 106 pages; this chapter PDF pages 85 to 91, printed pages 85 to 91) with the shared verbatim composer (v2 reflow): the rules (PDF pages 5 to 91, printed with the same numbers) composed as one text and cut at the sixteen chapter headings - “CHAPTER 1: GENERAL RULES” to “CHAPTER 16: JUVENILE DELINQUENCY RULES”, each matched once at a line start (a chapter may begin mid-page); the book's title line atop page 5 (“LOCAL RULES OF THE MODOC COUNTY SUPERIOR COURT”) set before Chapter 1 and in no card; Appendix A, the Appellate Division Local Rules (PDF pages 101 to 106), composed apart with the same settings and cut at its heading “APPENDIX “A””, the list of local forms above it on page 101 (Appendix B, a finding aid) set aside; the running header of every page (“Superior Court of the State of California” and “County of Modoc, Local Rules”, named) and the page number at its foot (“5”, named and a whole line in its band) removed as chrome - 261 chrome lines in the rules, 18 in the appendix; lines reflowed into the rules' paragraphs, each rule's number and title (“1.01 Citation of Rules:”), each lettered subdivision and numbered paragraph and each history line (“(Rule 1.01 adopted effective January 1, 2011.)”) starting a line and each chapter heading on a line of its own; the strike report (review/strike-report-2026-10-12.txt) finds no struck run on the book's 106 pages; no table on the rule pages (page 101's one table is Appendix B's list); 16 whitespace-only fixes (build/book-fixes.json: fourteen hyphenated words the text layer sets with the hyphen as a line of its own, rejoined as printed - “post-trial”, “pre-marked”, “3.1200-3.1207”, “non-appearance” (twice), “cross-complaint”, “self-represented”, “self-employed”, “non-custodial”, “non-English-speaking”, “follow-up”, “long-term”, “Court-sponsored” and “interest-bearing”; and in Appendix A two paragraphs of section I and the cover sheet's address block of section J, which the reflow joined, split); the vertical-gap, short-line, page-break, bold, false-break, fragment and row audits (custody file book_extra_audits.py; review/book-extra-audits-2026-10-12.txt and review/book-audits-after-fixes-2026-10-12.txt) list candidates read one by one (build/book_fixes.py) - the rest kept as printed (Rule 3.03(B)'s heading over its first paragraph, the headings and lists the false-break audit names); the book's own text kept as printed (Rule 5.02(A)'s fee schedule, its third item broken across two lines; the cross-references the review notes name; “12:00 AM (noon)” in Rule 3.03(C)); proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The table of contents (PDF pages 1 to 4), the Subject Index (92 to 95), the Local Rules Index (96 to 100) and Appendix B (the list of local forms MOD-1 to MOD-15 on page 101) belong to no card. Review note: Rule 15.03(F)(2) prescribes the form and time of claims for compensation by reference to “Local Rule 13.07”; Rule 13.07 is the family law default judgment rule (claims by court-appointed counsel are Rule 12.06). Rule 15.04(D)(2) and (3) refer to “Local Rule 16.04.D.1” and “Rule 16.04.D.2” (the CASA report service rule is Rule 15.04(D)); Rule 15.03(A) cites “Rule 1438(a)” and Rule 15.05 “Rule 1423” of the California Rules of Court, as printed.
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.