Loading…
Chapter 6 (Rules 6.00 to 6.12.2): the rules supplement the statutes of the Welfare & Institutions Code and supplement the California Rules of Court, and the standing orders of the Presiding Judge of the juvenile court, attached as Appendix II, valid only to the extent they are not inconsistent with the local rules (6.00.1, 6.00.2); attorneys in juvenile dependency proceedings to meet minimum standards of competence, a Certification of Competency submitted within ten (10) days of a first appearance, at least eight (8) hours of training or education or six (6) months recent experience, a new certificate on or before January 31st of every third year, and the caseload requirements of California Rules of Court, Rule 5.660(d)(6) (6.01.2 to 6.01.4); standards of representation - to attend each hearing and staffing session, investigate the allegations, interview the client and an out-of-home child's caretaker, advise the client of the courses of action and vigorously represent the child (6.01.5); a written complaint concerning an appointed attorney, the notice of the complaint procedure given within ten (10) days of appointment on local form JV9, the Court's review within ten (10) court days, and the attorney's right to request a further hearing within ten (10) days (6.01.6); notice to the court of a child's interest or right in another judicial or administrative forum on Judicial Council form JV-100/JV-180 or by declaration (6.01.7); the statutory timelines - detention hearings no later than the end of the next court day, jurisdiction hearings within thirty (30) calendar days or fifteen (15) court days if the child is detained, disposition within ten (10) court days if detained or thirty (30) calendar days, review hearings at six, twelve and eighteen months, a notice of intent to file a writ petition within seven (7), twelve (12), seventeen (17) or twenty-seven (27) days, the writ petition within ten (10) days after the filing of the record, a selection hearing within 120 days, and a notice of appeal within sixty (60) days (6.01.8); the County to file a memo and Judicial Council Form JV-364 within thirty-five (35) calendar days after an adoption is granted, the Court to terminate its jurisdiction without notice or hearing (6.01.9); child advocates trained by and who function under a Court Appointed Special Advocate Program (CASA), sworn in by a Superior Court judge, with access to records relating to the child, timely notice of any motion, calendar priority, regular visitation, the right to be present and heard, a duplicate copy of a subpoena to serve on the CASA advocate's immediate supervisor, and written reports on the initial disposition, review, permanency, selection and implementation and post permanent plan review hearings filed at least two (2) court days prior (6.02.1 to 6.02.11); paternity determined in a juvenile court proceeding, with the right to be separately represented by counsel, genetic testing and the finding noted in the clerk's minutes (6.03.1 to 6.03.7); informal pre-hearing discovery, formal discovery only after all informal means have been exhausted on a noticed motion served at least five (5) court days before the hearing, no civil discovery without approval of a judge of the juvenile court, case records available at least ten (10) calendar days before a contested hearing, jurisdictional and dispositional reports at least 48 hours before, status review reports ten (10) calendar days before, detention reports one hour before, a settlement conference before every contested hearing, and a request for a transcript at court expense in writing or orally with reference to the legal authority (6.04.1 to 6.04.6); a motion to challenge the legal sufficiency of a dependency petition, ex parte applications to calendar a hearing with seven (7) calendar days written notice, routine ex parte applications for out-of-state travel or medical/dental care filed no less than fifteen (15) calendar days prior, non-routine ex parte applications heard at 8:30 a.m. with notice to the judge or referee no later than 3:00 p.m. and to all counsel and the social worker by 4:00 p.m. the day prior on the Declaration re Notice of Ex Parte Application form, noticed motions with ten (10) calendar days written notice and a proof of service, a petition for modification under Welfare & Institutions Code Section 388 served no less than ten (10) calendar days prior to the hearing, the definitions of supervised, reasonable, liberal and extended visits, travel within the State of California and to Washoe County and/or Douglas County, Nevada, that the care provider may authorize, and applications to commence proceedings (6.05.1 to 6.05.13); coordination of custody proceedings in child abuse cases, the custody and visitation proceedings in the Family Court suspended on a Welfare & Institutions Code Section 300 petition until written authorization is received from the juvenile court, a custodial order on dismissal (Judicial Council Form JV-200), and domestic violence orders under Chapter 11 (6.06.1 to 6.06.10); the standing order permitting a health assessment, physical examination, laboratory tests, immunizations, routine medical care, mental health services and dental treatment of temporarily detained minors, psychotropic medication authorized under California Rules of Court, Rule 5.640, and those orders to expire no later than six (6) months from issuance (6.07.1 to 6.07.3); juvenile court records confidential under Welfare & Institutions Code Section 827, any party or their attorney given access to all unsealed dependency records, and juvenile court proceedings not open to the general public, interested persons to attend at the Court's discretion (6.08.1 to 6.08.3); standing orders on parental responsibility and financial evaluation, the parent advised that they are subject to an order of child support retroactive to the date of placement and referred to the Family Court Facilitator, and the father, mother, spouse or other person liable for the costs of support, legal services and probation (6.09); an attorney appointed under California Rules of Court, Rule 5.660 to serve as the child's CAPTA guardian ad litem, or a CASA volunteer if the child would not benefit from counsel (6.10); attorneys representing minors in juvenile justice/delinquency proceedings to meet the competence standards of California Rules of Court, Rule 5.664(b) & (c), with a Declaration of Eligibility for Appointment to Represent Youth in Delinquency Court (JV700) by July 1 of each year (6.12.1, 6.12.2).
CHAPTER 6 JUVENILE RULES RULE 6.00 GENERAL PROVISIONS (Effective January 1, 1997.) RULE 6.00.1 AUTHORITY These local rules are intended to supplement state statutes that are found principally in the Welfare & Institutions Code and to supplement the California Rules of Court. For the authority for the creation of these rules see Government Code Section 68070 and Welfare & Institutions Code Section
Reviewer note: Composed 2026-10-11 (California T4 Nevada build 2026-10-11) from BenchPath custody ca/t4/ca-nevada/docs/local-rules/2026_nc_local-rules.pdf (the court's rule book, its cover “SUPERIOR COURT OF CALIFORNIA COUNTY OF NEVADA RULES OF COURT Effective: January 1, 1997 Updated: July 1, 2026”, as fetched 2026-10-11; 1570770 bytes, sha256 915a63e4216cda56b6e1d985033e57f948fa777fc300d12a4e0fd44fe34227a5; 139 pages; this chapter PDF pages 73 to 100, printed pages 58 to 85) with the shared verbatim composer (v2 reflow): the rules (PDF pages 16 to 124, printed 1 to 109) composed as one text, from “CHAPTER 1” to Rule 11.05, and cut at the eleven chapter headings, each matched once as a whole line (a chapter may begin mid-page); each page's printed page number at the bottom center removed as chrome (110 lines: the 109 page numbers and, in the same band of PDF page 124, a page reference of the index, which belongs to no card); lines reflowed into the rules' paragraphs, each rule's number set with its title as one line (“RULE 1.08 COURT REPORTERS”), each lettered or numbered subdivision and each “o” bullet starting a line, and each history note on a line of its own; the text after the “INDEX” line on PDF page 124 cut off; the strike report (review/strike-report-2026-10-11.txt) finds no struck run; 22 whitespace-only fixes (build/book-fixes.json: rule headings whose title the book prints on two or more lines under the rule number, each set as one heading line - Rules 1.10, 2.02, 4.00.5, 4.02, 4.05.3, 4.07, 5.03, 5.05.4, 5.09.1, 5.13.1, 6.01.6, 6.02.11, 6.04, 6.05.7, 6.06.1, 6.07.1, 6.08.2, 6.10, 8.04, 8.06, 10.00.4 and 11.04); the vertical-gap, short-line, page-break, fragment and row audits (custody file book_extra_audits.py; review/book-extra-audits-2026-10-11.txt) list candidates read one by one (build/book_fixes.py); proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover, the table of contents (PDF pages 2 to 15), the index (PDF pages 124 to 133) and the appendices (PDF pages 134 to 139: Appendix I, the local forms lists; Appendix II, the standing orders list) belong to no card. Review note: Rules 6.00.2, 6.08.1 and 6.09(A) say the standing orders are attached to the rules as Appendix II; the 2026 book's Appendix II lists two, “Standing Order on Confidentiality of Juvenile Records” (LOCAL SO153, 10/31/2016) and “Standing Order Regarding Body Worn Cameras” (LOCAL SO225, 07/01/2026), prints neither, and lists no standing order on parental responsibility or financial evaluation, and the court's website posts none of them (a review task). Rule 6.04.3(B) sends non-dependency cases to “Section 6.07.1 regarding the standing order on confidentiality of juvenile records”, while Rule 6.07.1 is the standing order on health care and the confidentiality order is named in Rule 6.08.1. Carried as printed: “Notice of Intent to File Write Petition” (Rule 6.01.8(G)), and both “Certification of Competency” and “Certificate of Competency”.
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.
California > Third Appellate District > Nevada County > Superior Court of California, County of Nevada
CHAPTER 6 JUVENILE RULES RULE 6.00 GENERAL PROVISIONS (Effective January 1, 1997.) RULE 6.00.1 AUTHORITY These local rules are intended to supplement state statutes that are found principally in the Welfare & Institutions Code and to supplement the California Rules of Court. For the authority for the creation of these rules see Government Code Section 68070 and Welfare & Institutions Code Section 317.6, subdivision (b). These rules adopt the rules of construction and the severability clause in California Rules of Court, juvenile court rules. (Amended July 1, 2003.) RULE 6.00.2 STANDING ORDERS The Presiding Judge of the juvenile court may issue such standing orders for the administration of the juvenile court as the court deems appropriate. All standing orders presently in effect are attached to these local rules as Appendix II. The Court may hereafter issue new or amended standing orders by filing same with the clerk of the juvenile court. Standing orders, while not a local rule, shall be valid only to the extent they are not inconsistent with the local rules or applicable California Rules of Court and statutory and decisional law. The clerk of the court shall keep and make available to the general public copies of any standing order and these rules. The clerk may charge for the cost of providing such copies. (Amended July 1, 2010.) RULE 6.01 JUVENILE DEPENDENCY PROCEEDINGS (Effective January 1, 1997.) RULE 6.01.1 PURPOSE AND AUTHORITY These rules are established to comply with Rule 5.660(a) California Rules of Court, and are effective January 1, 1997, for juvenile dependency proceedings. (Amended January 1, 2008.) RULE 6.01.2 GENERAL COMPETENCY REQUIREMENT All attorneys appearing in juvenile dependency proceedings must meet minimum standards of competence as set forth in these rules. These rules are applicable to attorneys employed by public agencies, attorneys appointed by the court to represent any party in a juvenile dependency proceeding and attorneys who are privately retained to represent a party to a juvenile dependency proceeding. (Effective January 1, 1997.) RULE 6.01.3 SCREENING FOR COMPETENCY A. Effective January 1, 1997, all attorneys who represent parties in juvenile court proceedings shall meet the minimum standards of training and/or experience set forth in these rules. Each attorney of record for a party to a dependency matter pending before the court on January 1, 1997, who believes they meet the minimum standards of competency shall complete and submit to the court, on or before January 31, 1997, a Certification of Competency as set forth in Appendix I to these rules. After January 1, 1997, any attorney appearing in a dependency matter for the first time shall complete and submit a Certification of Competency to the court within ten (10) days of their first appearance in a dependency matter. B. Attorneys who meet the minimum standards of training and/or experience as set forth in Local Rule 6.01.4, as demonstrated by the information contained in the Certification of Competency submitted to the court, shall be deemed competent to practice before the juvenile court in dependency cases except as provided in subdivision (C) of this rule. C. Upon submission of a Certification of Competency which demonstrates that the attorney has met the minimum standards for training and/or experience, the Court may determine, based on conduct or performance of counsel before the Court in a dependency case within the six (6) month period prior to the submission of the certification to the court, that a particular attorney does not meet minimum competency standards. In such case, the Court shall proceed as set forth in Local Rule 6.01.6 hereinafter. D. In the case of an attorney who maintains their principal office outside of this county, proof of certification by the juvenile court of the California county in which the attorney maintains an office shall be sufficient evidence of competency to appear in a juvenile proceeding in this county. (Amended July 1, 2026.) RULE 6.01.4 MINIMUM STANDARDS OF EDUCATION AND TRAINING; CASELOADS A. Each attorney appearing in a dependency matter before the juvenile court shall not seek certification of competency and shall not be certified by the Court as competent until the attorney has completed the following minimum training and educational requirements: 1. At least eight (8) hours of training or education in juvenile dependency law, which training or education shall have included information on the applicable case law and statutes, the rules of court, Judicial Council forms, motions, trial techniques and skills, writs and appeals, child development, child abuse and neglect, substance abuse, domestic violence, family reunification and preservation, and reasonable efforts; or 2. At least six (6) months recent experience in dependency proceedings in which the attorney has demonstrated competence in the attorney’s representation of their clients in said proceedings. In determining whether the attorney has demonstrated competence, the Court shall consider whether the attorney’s performance has substantially complied with the requirements of these rules. B. In order to retain their certification to practice before the juvenile court, each attorney who has been previously certified by the Court shall submit a new Certificate of Competency to the court on or before January 31st of the third year after the year in which the attorney is first certified and then every third year thereafter. C. The attorney’s continuing training or education shall be in the areas set forth in subdivision A. 1. of this rule, or in other areas related to juvenile dependency practice including, but not limited to, special education, mental health, health care, immigration issues, the rules of evidence, adoption practice and parentage issues, the Uniform Child Custody Jurisdiction Act, the Parental Kidnapping Prevention Act, state and federal public assistance programs, the Indian Child Welfare Act, client interviewing and counseling techniques, case investigation and settlement negotiations, mediation, basic motion practice and rules of civil procedure. D. When a certified attorney fails to submit evidence that they have completed at least the minimum required training and education to the court by the due date, the court shall notify the attorney that they will be decertified. The attorney shall have twenty (20) days from the date of the mailing of the notice to submit evidence of their completion of the required training or education. If the attorney fails to submit the required evidence or fails to complete the required minimum hours of continuing training or education, the Court shall order, except in cases where a party is represented by retained counsel, that certified counsel be substituted for the attorney who fails to complete the required training. In the case of retained counsel, the Court shall notify the party that their counsel has failed to meet the minimum standards required by these rules. The determination whether to obtain substitute counsel shall be solely within the discretion of the party so notified. E. Any attorney appearing in juvenile court must comply with the caseload requirements of California Rules of Court, Rule 5.660(d)(6). An attorney shall not accept representation of a child in juvenile court if the attorney’s caseload is such that they cannot effectively meet all of the attorney’s duties of representation as set forth in this chapter and the California Rules of Court. (Amended July 1, 2026.) RULE 6.01.5 STANDARDS OF REPRESENTATION All attorneys appearing in dependency proceedings shall meet the following minimum standard of representation: A. Unless excused by the Court, said attorney shall promptly attend each scheduled juvenile court hearing. B. Unless excused by the Court, said attorney shall promptly attend each scheduled juvenile court staffing session. C. Attorneys shall comply with the standards of representation set forth in California Rules of Court, Rule 5.660(d)(4). Without limiting the generality of the foregoing, the attorney shall thoroughly and completely investigate the accuracy of the allegations of the petition or other moving papers and the court reports filed in support thereof. This shall include conducting a comprehensive interview with the client to ascertain their knowledge and/or involvement in the matters alleged or reported; contacting social workers and other professionals associated with the case to ascertain if the allegations and/or reports are supported by accurate facts and reliable information; consulting with and, if necessary, seeking the appointment of experts to advise the attorney or the Court with respect to matters that are beyond the expertise of the attorney and/or the Court; and obtaining such other facts, evidence or information as may be necessary to effectively present the client’s position to the Court. D. The attorney shall determine the client’s interests and the position the client wishes to take in the matter. Except in those cases in which the client’s whereabouts are unknown, this shall include a comprehensive interview with the client. If the client is a minor child who is placed out-of-home, in addition to interviewing the child, the attorney shall also interview the child’s caretaker. E. The attorney shall advise the client of the possible courses of action and of the risks and benefits of each. This shall include advising the client of the risks and benefits of resolving disputed matters without the necessity for adhering to court-mandated time limits. F. The attorney shall vigorously represent the child within applicable legal and ethical boundaries. This shall include the duty to work cooperatively with other counsel and the Court, to explore ways to resolve disputed matters without hearing if it is possible to do so in a way which is consistent with the client’s interests, and to comply with local rules and procedures as well as with statutorily mandated timelines. (Amended July 1, 2026.) RULE 6.01.6 PROCEDURES FOR REVIEWING AND RESOLVING COMPLAINTS A. Any party to a juvenile court dependency proceeding may lodge a written complaint with the court concerning the performance of their appointed attorney in a juvenile court proceeding. In the case of a complaint concerning the performance of an attorney appointed to represent a minor, the complaint may be lodged on the child’s behalf by the social worker, a caretaker, relative or a foster parent. A complaint may include a request for a determination that the attorney should be disqualified for excessive caseload. B. Each appointed attorney shall give written notice to their adult client of the procedure for lodging complaints with the court concerning the performance of an appointed attorney. The notice shall be given to the client within ten (10) days of the attorney’s appointment to represent the client, and evidence that a copy of said notice was given or mailed to the client shall be provided to the court within ten (10) days of the Court’s request. In the case of a minor client, the notice shall be mailed or given to the current caretaker of the child. If the minor is 12 years of age or older, a copy of the notice shall also be sent or given to the minor. The notice shall be in the form set out in local form JV9 Notice of Procedure for Lodging Complaints. C. Any written complaint shall be submitted to the court in which the matter is pending. Within ten (10) court days of receipt of a written complaint, the Court shall conduct its own review of the complaint or question to determine if the appointed attorney has acted improperly or contrary to the rules or policies of the court. That review may include a hearing in chambers. The Court may take any appropriate action required, including but not limited to, no action, relieving counsel and appointing new counsel, holding a formal hearing on the matter, and/or revoking an attorney’s Certification of Competency for a period of up to six (6) months, and requiring the attorney to provide proof of additional training before recertification may be obtained. D. The Court shall notify the attorney and the complaining party in writing of its determination of the complaint. If the Court relieves counsel, or revokes the attorney’s Certification of Competency, the attorney shall have ten (10) days after the date of the notice of determination to request a further hearing before the Court concerning the Court’s proposed action. If the attorney does not request a hearing within that period of time, the Court’s determination shall become final. E. If the Court determines that no action shall be taken, the notice of determination shall contain an appropriate warning to the complaining party that the complaining party may wish to seek the advice of an attorney concerning their right to pursue a civil action against the attorney, or to request state bar disciplinary proceeding. (Amended July 1, 2026.) RULE 6.01.7 PROCEDURES FOR INFORMING THE COURT OF THE INTERESTS OF A DEPENDENT CHILD A. At any time during the pendency of a dependency proceeding, any interested person may notify the court that the minor who is the subject of the proceeding may have an interest or right which needs to be protected or pursued in another judicial or administrative forum. If counsel for the minor becomes aware that the minor may have a right or interest which needs to be protected or pursued in another judicial or administrative forum, counsel for the minor shall notify the court of such right or interest as soon as it is reasonably possible for counsel to do so. B. Notice to the court may be given by the filing of Judicial Council form JV- 100/JV-180 or by the filing of a declaration. In either case, the person giving notice shall set forth the nature of the interest or right which needs to be protected or pursued, the name and address, if known, of the administrative agency or judicial forum in which the right or interest may be affected and the nature of the proceedings being contemplated or conducted there. C. If the person filing the notice is the counsel for the minor, the motion shall state what action on the child’s behalf the attorney believes is necessary, whether the attorney is willing or able to pursue the matter on the child’s behalf, whether the association of counsel specializing in practice before that agency or court may be necessary or appropriate, whether the appointment of a guardian ad litem may be necessary to initiate or pursue the proposed actions, whether joinder of an administrative agency to the juvenile court proceedings pursuant to Welfare & Institutions Code Section 362 may be appropriate or necessary to protect or pursue the child’s interests and whether further investigation may be necessary. D. If the person filing the notice is not the attorney for the child, a copy of the notice shall be served on the attorney for the child, or, if the child is unrepresented, the notice shall so state. E. The Court may set a hearing on the notice if the Court deems it necessary in order to determine the nature of the child’s right or interest or whether said interest should be protected or pursued. F. If the Court determines that further action on behalf of the child is required, the Court shall do one or more of the following: 1. Authorize the minor’s attorney to pursue the matter on the child’s behalf; 2. Appoint an attorney for the child if the child is unrepresented; 3. Notice a joinder hearing pursuant to Section 362 compelling the responsible agency to report to the court with respect to whether it has carried out its statutory duties with respect to the child; 4. Appoint a guardian ad litem for the child for the purposes of initiating or pursuing appropriate action in the other forum(s); or 5. Take any other action the Court may deem necessary or appropriate to protect the welfare, interests and rights of the child. (Effective January 1, 1997.) RULE 6.01.8 TIMELINES FOR JUVENILE DEPENDENCY HEARINGS Attorneys for parties are required to adhere to the statutory timelines for all hearings. Continuances will be granted on a showing of good cause. General timelines for hearings are: 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 & Institutions Code Section 315; California Rules of Court, Rule 5.670). B. Jurisdiction Hearing. If the child is not detained, the hearing on the petition shall commence within thirty (30) calendar days from the date the petition was filed. If the child is detained, the hearing on the petition shall commence within fifteen (15) court days from the date of the detention order. (Welfare & Institutions Code Section 334; California Rules of Court, Rule 5.682). C. Disposition Hearing. If the child is detained, the hearing on disposition must commence within ten (10) court days from the date the petition was sustained. If the child is not detained, the disposition hearing shall commence no later than thirty (30) calendar days after jurisdiction is found. (Welfare & Institutions Code Section 358; California Rules of Court, Rule 5.690). D. Six Month Review Hearing. If the child has been removed from the custody of the parent or guardian, a review hearing must be held within six months after the child entered foster care. If the child has not been removed, the hearing shall be held within six (6) months of the declaration of dependency and at least every six (6) months thereafter. (Welfare & Institutions Code Sections 364, 366, 366.21; California Rules of Court, Rule 5.710.) E. Twelve Month Review. In the case of a dependent child who has been removed from the custody of a parent or guardian, a review hearing shall be held within twelve (12) months of the date the child entered foster care, but in no event later than eighteen (18) months after the date of initial removal. (Welfare & Institutions Code Section 366.21; California Rules of Court, Rule 5.715.) F. Eighteen Month Review. If the child is not returned at the six- or twelve-month review, the Court shall conduct a permanency review hearing no later than eighteen (18) months from the date of initial removal. (Welfare & Institutions Code Sections 366.21, 366.22; California Rules of Court, Rule 5.720.) G. Notice of Intent to File Write Petition. A notice of intent to file a petition for extraordinary writ must be filed according to the following timeline requirements: 1. If the party was present at the hearing when the Court ordered a hearing under Welfare & Institutions Code Section 366.26 and California Rules of Court, Rule 5.590, the notice of intent must be filed within seven (7) days after the date of the order setting the hearing. 2. If the party was notified of the order setting the hearing only by mail, the notice of intent must be filed within twelve (12) days after the date the clerk mailed the notification. 3. If the party was notified of the order setting the hearing by mail, and the notice was mailed to an address outside California but within the United States, the notice of intent must be filed within seventeen (17) days after the date the clerk mailed the notification. 4. If the party was notified of the order setting the hearing by mail, and the notice was mailed to an address outside the United States, the notice of intent must be filed within twenty-seven (27) days after the date the clerk mailed the notification. H. Petition for Writ. A petition seeking writ review of orders setting a hearing under the Welfare & Institutions Code shall be served and filed within ten (10) days after the filing of the record in the reviewing court; (California Rules of Court, Rule 8.452(c)(1).) I. Response to Writ Petition. Any response must be served and filed: 1. Within ten (10) days or, if the petition was served by mail, within fifteen (15) days after the petition is filed; or 2. Within ten (10) days after a respondent receives a request from the reviewing court for a response, unless the court specifies a shorter time. J. Selection Hearing. A selection hearing for permanent placement shall begin no later than 120 days after the hearing under Welfare & Institutions Code Section 366.26 was ordered; (Welfare & Institutions Code Section 366.31, 399.22; 5.720.) K. Notice of Appeal. A notice of appeal shall be filed within sixty (60) days after the rendition of the judgment. (California Rules of Court, Rules 8.406 and 5.590.) If an appellant timely appeals from a judgment or appealable order, the time for any other party to appeal from the same judgment or order is extended until twenty (20) days after the superior court clerk mails notification of the first appeal. (Amended January 1, 2019.) RULE 6.01.9 TERMINATION OF JURISDICTION AFTER ADOPTION Pursuant to Welfare & Institutions Code Section 366.3(a) and California Rules of Court, Rule 5.740(a)(3), within thirty-five (35) calendar days after an adoption is granted, the County shall file a memo to the court seeking termination of dependency along with the mandatory Judicial Council Form JV-364, Termination of Dependency. Upon receipt of the memo and form, the Court shall terminate its jurisdiction without notice or hearing. (Effective January 1, 2019.) RULE 6.02 CHILD ADVOCATES (Effective January 1, 1997.) RULE 6.02.1 THE CHILD ADVOCATE PROGRAM The Superior Court of the State of California, County of Nevada may appoint child advocates to represent the interests of dependent children. For cases in which a prosecution is initiated under the Penal Code arising from neglect or abuse of the child, the Court shall make such an appointment. 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 Section 356.5. The CASA program must comply with California Rules of Court, Rule 5.655. 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. (Amended January 1, 2008.) RULE 6.02.2 CHILD ADVOCATES A. Advocates’ 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: o To support the child throughout the court proceedings; o To establish a relationship with the child to better understand their particular needs and desires; o To communicate the child’s needs and desires to the court in written reports and recommendations; o To identify and explore potential resources, which will facilitate early family reunification or alternative permanency planning; o To provide continuous attention to the child’s situation to ensure that the Court’s plans for the child are being implemented; o To the fullest extent possible, to communicate and coordinate efforts with the case manager/social worker; o To the fullest extent possible, to communicate and coordinate efforts with the child’s attorneys; and o 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 their 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 their duties, and shall subscribe to the written oath set forth in Appendix I. 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 their obligation to the child and the court in accordance with the general duties set forth in Local Rule 6.02.2. (Effective January 1, 1997.) RULE 6.02.3 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 they are appointed to represent as any case manager/social worker with regard to 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 advocate shall present their identification as a court-appointed advocate to any such record holder in support of their 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. CASA volunteers are considered court personnel as that term is used in Welfare & Institutions Code Section 827. They shall have access to Probation Department and Department of Child Protective Services files and information contained therein needed to carry out their responsibilities as court-appointed advocates. Any release by the Probation Department or the Department of Child Protective Services pursuant to this rule of information made confidential by Welfare & Institutions Code Section 10850 shall be considered a disclosure for purposes directly connected with the administration of public social services as that term is used in Welfare & Institutions Code Section 10850. Except as contained in their court report and in their dealing with the parties in the particular case, the advocates are prohibited from releasing any information they gain from inspection of these files. 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, Child Protective Services case manager, child’s attorney, attorneys for parents, relatives, foster parents and any therapist for the child. (Effective January 1, 1997.) RULE 6.02.4 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 January 1, 1997.) RULE 6.02.5 CALENDAR PRIORITY In light of the fact that advocates are rendering volunteer services to children and the court, matters on which they appear should be granted priority on the court’s calendar, whenever possible. (Effective January 1, 1997.) RULE 6.02.6 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 January 1, 1997.) RULE 6.02.7 FAMILY LAW ADVOCACY Should the juvenile court dismiss dependency and create a family law order pursuant to Welfare & Institutions Code Section 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 January 1, 1997.) RULE 6.02.8 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. An advocate shall not be deemed to be a “party” (California Rules of Court, Rule 5.530(b)(6)); however, the Court, in its discretion, shall have the authority to grant the advocate amicus curiae status, which includes the right to appear with counsel. (Amended January 1, 2008.) RULE 6.02.9 SUBPOENA REQUIRING CASA ADVOCATE TO TESTIFY When any party serves a subpoena on a CASA advocate, requiring the CASA advocate to attend any hearing for the purpose of testifying, the moving party shall also serve the CASA advocate’s immediate supervisor with a duplicate copy of the subpoena. (Effective January 1, 1997.) RULE 6.02.10 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 January 1, 1997.) RULE 6.02.11 REQUIRED WRITTEN REPORTS FROM CASA VOLUNTEERS For hearings during the time of appointment, the CASA volunteer must provide a written report to the court on the following hearings: 1. Initial disposition hearing. 2. 6-month review hearing. 3. 12-month permanency hearing. 4. 18-month permanency hearing. 5. Selection and implementation hearing. 6. Post permanent plan review hearings. 7. As directed by the Court. At least two (2) court days prior to the hearing, the original of the report shall be filed with the court and a copy provided to the following, through their respective attorneys, if any: 1. The Nevada County Human Services Agency. 2. The child. 3. The mother, if living, and if her parental rights have not been terminated. 4. The presumed father, if living, and if his parental rights have not been terminated. 5. A probate or legal guardian of the child. 6. Such other persons as the Court may so direct. (Effective January 1, 2006.) RULE 6.03 PATERNITY (Effective January 1, 1997.) RULE 6.03.1 PATERNITY ORDERS, JUDGMENTS AND FINDINGS Welfare & Institutions Code Section 903.41 and California Rules of Court, Rule 5.635 are hereby adopted and incorporated. (Amended January 1, 2008.) RULE 6.03.2 DETERMINATION OF ISSUE The issue of the paternity of a minor may be determined in a juvenile court proceeding. (Effective January 1, 1997.) RULE 6.03.3 NECESSARY COURT MEASURES If a person claims to be the natural/biological father of a minor who is the subject of juvenile court proceedings, the Court shall take such measures as are necessary to make a paternity finding. The Court shall ensure coordination with the local child support agency as set forth in Welfare & Institutions Code Section 903.41. (Amended July 1, 2003.) RULE 6.03.4 RIGHT TO COUNSEL/LEGAL RESPONSIBILITIES In any paternity proceeding arising under this rule the Court shall inform the mother and the person claiming to be father of their right to be separately represented by counsel on the issue of paternity. The Court shall 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. (Effective January 1, 1997.) RULE 6.03.5 EVIDENCE OF TESTIMONY The Court shall permit such evidence to be taken as necessary to determine the paternity of the minor. 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 the 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. (Effective January 1, 1997.) RULE 6.03.6 SCIENTIFIC TESTING The Court may order genetic testing if it believes such tests will assist in making a paternity finding. The Court shall determine which party or parties shall pay for any such test. (Amended July 1, 2003.) RULE 6.03.7 RELEASE OF FINDINGS Any paternity finding shall be noted in the clerk’s minutes and shall be available upon request to any person or agency having a need to know. (Effective January 1, 1997.) RULE 6.04 DISCOVERY, EVIDENCE, SETTLEMENT CONFERENCES AND TRANSCRIPTS (Effective January 1, 1997.) RULE 6.04.1 PRE-HEARING DISCOVERY The discovery provisions of California Rules of Court, Rule 5.546 are hereby adopted and incorporated. (Amended January 1, 2008.) RULE 6.04.2 TIMELY DISCLOSURE OF INFORMAL DISCOVERY Pre-hearing discovery shall be conducted informally. Except as protected by privilege, all relevant material shall be disclosed in a timely fashion to all parties of the litigation. (Effective January 1, 1997.) RULE 6.04.3 FORMAL DISCOVERY A. Formal discovery. Only after all informal means have been exhausted may a party petition the court for discovery. Any noticed motion shall state the relevancy and materiality of the information sought and the reasons why informal discovery was not adequate to secure that information. The motion shall be served on all parties at least five (5) court days before the hearing date. The date for the hearing shall be obtained from the county clerk. A copy shall be served on the court before which the matter is scheduled to be heard. Any responsive papers shall be filed and served two (2) court days prior to the hearing. B. Civil discovery. In order to coordinate the logistics of discovery in dependency cases, there shall be no depositions, interrogatories, subpoenas of juvenile records or other similar types of civil discovery without approval of a judge of the juvenile court upon noticed motion. For non-dependency cases, see Section 6.07.1 regarding the standing order on confidentiality of juvenile records. C. Case records and reports (California Rules of Court, Rule 5.546). In contested proceedings, the social worker’s narratives and other relevant case records shall be made available to counsel as provided by California Rules of Court, Rule 5.546 and applicable law, at least ten (10) calendar days before the hearing and any updated records two (2) calendar days before the hearing. In all other cases, such documents shall be made available at least two (2) calendar days prior to the hearing. Upon timely request, parents, guardians and de facto parents shall disclose to all other parties such non-privileged material and information within the parent’s, guardian’s or de facto parent’s control which is relevant. (Amended January 1, 2017.) RULE 6.04.4 PRESENTATION OF EVIDENCE (Welfare & Institutions Code Sections 280, 281; California Rules of Court, Rule 5.690) Social Study Reports prepared by Child Protective Services shall be made available to all counsel before the hearing in accordance with the following time limitations unless otherwise ordered by the Court: A. Jurisdictional and/or dispositional reports are due at least 48 hours before the hearing; B. Review of dependency status and status review reports are due at least ten (10) calendar days before the hearing; C. All other reports shall be due a reasonable number of days before the hearing but in no event less than 48 hours before. If the social study report is not timely filed or made available to all counsel, then any affected party or the Court may request a continuance of the hearing to the extent permitted by law. The names of any experts to be called by any party and copies of their reports, if not part of a social study report prepared by Child Protective Services, shall be provided to all counsel at least ten (10) days before the hearing, unless a shorter time is ordered by the Court. Reports prepared by any CASA advocate shall be filed with the court and made available to all counsel a reasonable number of days before the hearing, but in no event less two (2) court days before. D. All Detention reports shall be filed not less than one hour before the scheduled Detention hearing. (Amended January 1, 2008.) RULE 6.04.5 SETTLEMENT CONFERENCES Settlement conferences shall be calendared and held prior to every contested hearing, unless deemed unnecessary by the judicial officer setting the contested hearing. The attorneys and all parties shall be present at the settlement conference, unless excused by the Court. All excused parties shall be readily available either in person or by telephone at the direction of their attorneys. A representative of Child Protective Services with authority to settle cases shall be present at the settlement conference. (Effective January 1, 1997.) RULE 6.04.6 REQUESTS FOR TRANSCRIPTS Any party wanting the Court to pay for a reporter’s transcript shall apply in writing to the judicial officer who heard the matter in question or to the Presiding Judge. Alternatively, a party may orally request at a court hearing that the Court order a transcript be prepared at Court expense. Any request for a transcript at court expense, whether made in writing or orally, must be accompanied by reference to the legal authority providing for the same. A party may order a reporter’s transcript prepared at that party’s expense without seeking Court authorization. (Amended July 1, 2024.) RULE 6.05 MOTIONS AND ORDERS (Effective January 1, 1997.) RULE 6.05.1 MOTION TO CHALLENGE LEGAL SUFFICIENCY OF DEPENDENCY PETITION (In re Fred J. (1979) 89 Cal.App.3d 168; 175-177; Welfare & Institutions Code Section 348) In any dependency proceeding the Court may entertain a pre-hearing challenge to the petition’s sufficiency by a motion to challenge the legal sufficiency of the petition. 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 briefing from counsel. If the Court sustains the motion, the Court may grant leave to amend the pleading in the petition upon any terms as may be just and shall fix the time within which the amendment or amended petition shall be filed. (Effective January 1, 1997.) RULE 6.05.2 EX PARTE APPLICATIONS AND ORDERS Ex parte applications for orders are made to the Court without formal advance notice to the other parties of the application. There are three types of ex parte applications: Ex parte applications to calendar hearings, routine ex parte applications, and all other ex parte applications. This rule does not apply to applications for administration of psychotropic medication. For that procedure, see Local Rule 6.07.2. (Effective January 1, 1997.) RULE 6.05.3 EX PARTE APPLICATION TO CALENDAR HEARING A. Presentation; calendaring; continuance. An ex parte application to calendar a hearing is made by submission of the ex parte application to calendar and order form to the judge or referee in whose courtroom the case is assigned. An ex parte application to calendar a hearing shall not be made to a judge or referee other than the judge or referee in whose courtroom the proposed hearing is to be held, or for other good cause. 1. If the ex parte application to calendar form is being used to place on calendar a hearing which does not already have a hearing date, advance notice to all other counsel of the intent to submit an ex parte application to calendar and order form to a judge or referee in whose courtroom the case is assigned is not required if the proposed date of hearing is more than seven (7) calendar days from the date of submission of the form. Any party choosing to proceed thus must give all other counsel seven (7) calendar days written notice of the hearing date which has been approved by the judge or referee. If the proposed date of hearing is less than seven (7) calendar days from the date of submission of the ex parte application to calendar and order form, consent to the proposed hearing date must be sought from the other counsel. Consent of counsel can be reflected by that counsel or party initialing the appropriate box on the ex parte application to calendar and order form. An ex parte application to calendar and order form seeking a hearing date less than seven (7) calendar days from the date of submission of the form may be submitted to the judge or referee even if written consent to the proposed hearing date has been withheld by other counsel, so long as said counsel was given an opportunity to give written consent to the proposed hearing date. The party submitting the ex parte application to calendar and order form shall memorialize on the form the counsel’s refusal to give written consent to the proposed hearing date. 2. If the ex parte application to calendar form is being used to obtain a continuance of a hearing date which is already on calendar, the ex parte application to calendar form, which shall adequately specify the reason the continuance is sought and the length of the continuance being sought, shall first be presented to all counsel. If any counsel objects to the proposed continuance, or requests a hearing on the request for a continuance, that counsel should so specify on the ex parte application to calendar form. Once the ex parte application to calendar form has been initialed by all counsel, the form shall be presented to the judge or referee in whose courtroom the hearing is currently scheduled for consideration. When presented with an ex parte application to calendar form requesting a continuance, the judge or referee shall do one of the following: i. Grant the request for a continuance and select a new hearing date, ii. Deny the request for a continuance, or iii. Set the request for a continuance for hearing and select a date for that hearing. When the party submitting the completed ex parte application to calendar form receives that form back from the judge or referee, that party shall file the form with the clerk’s office and serve copies of the filed form on all counsel and the Child Protective Services case manager. B. Different motion. If a case has an upcoming hearing date already on calendar, an ex parte application to calendar and order form need not be submitted to place on calendar for the same date a separate/different motion on the same case. However, the party seeking to place the separate/different motion on calendar must give ten (10) calendar days written notice of the separate/different motion to all other counsel, unless the Court, for good cause shown, prescribes a lesser number of days for notice. C. Not substitute for motion. The ex parte application to calendar and order form has no purpose other than to place, change, or continue a hearing date on the Court’s calendar. The ex parte application to calendar and order form is not a substitute for a Welfare & Institutions Code Section 388 petition, a formal written motion, or supporting points and authorities. (Effective January 1, 1997.) RULE 6.05.4 ROUTINE EX PARTE APPLICATIONS Unless counsel for a party has specifically requested advance notice of ex parte applications regarding out-of-state travel or medical/dental care for the minor, an ex parte application may be made, without advance formal notice, to the judge or referee in whose courtroom the minor’s case is assigned, seeking an order permitting minor to travel out-of-state with the foster parent or care provider, relative, or other appropriate adult acceptable to Child Protective Services, or an order authorizing that medical or dental care be performed on the minor. Any such ex parte applications shall be filed no less than fifteen (15) calendar days prior to the proposed travel or medical/dental care absent good cause shown on the application, or unless the Court has specified a greater or lesser period. All such ex parte applications shall include the following information: A. Name and address. The name and address of each party to the action, and the name and address of each party’s counsel; B. Effort to obtain consent. The efforts made to obtain the consent of and/or give notice to the parents or guardians of the minor of the proposed travel or medical/dental care; C. Refusal noted. If a parent or guardian has refused to agree to the proposed travel or to give consent to medical/dental care, that fact shall be noted on the application, including the ground for the parent/guardian’s refusal, if known; D. Efforts to locate. For any parent or guardian whom Child Protective Services was unable to locate to give notice and/or obtain consent, a description of the efforts made to locate the parent/guardian; the fact the minor’s counsel has been notified of the proposed travel or medical/dental care, and said counsel’s position on the proposed travel or medical/dental. When presented with an ex parte application for order authorizing out-of-state travel or medical/dental care, the judge or referee shall either grant the request and issue the order or deny the request. If the judge or referee issues the requested order authorizing out-of-state travel or medical/dental care, the party who sought the order shall file the ex parte application form and order with the clerk’s office and provide copies of the filed ex parte application and order form with all counsel. Any party disagreeing with the order for out-of-state travel or medical/dental care shall place the matter on calendar for further consideration. An order nunc pro tunc making corrections, changes or additions to any finding or order generated at a prior hearing may be made by ex parte application where the Court made an order or finding that was mistakenly omitted from the minute order. (Effective January 1, 1997.) RULE 6.05.5 NON-ROUTINE EX PARTE APPLICATIONS All ex parte applications other than those discussed in Local Rules 6.05.3 and 6.05.4 are considered non-routine ex parte applications. All non-routine ex parte applications must be made only upon adequate advance notice to all counsel in accordance with this rule. Non-routine ex parte applications include, but are not limited to, requests for a temporary order modifying a visitation order pending a hearing on a concurrently filed Welfare & Institutions Code Section 388 petition seeking the same relief on a permanent basis. Non-routine ex parte applications shall be heard at 8:30 a.m. by the judge or referee in whose courtroom the case is assigned. Before submitting an ex parte application and proposed order forms to the judge or referee in whose courtroom the case is assigned for signature, the applicant shall adhere to the following procedures: A. The applicant shall advise the judge or referee in whose courtroom the case is assigned no later than 3:00 p.m. the day prior to the hearing that a non-routine ex parte application will be made the following morning in that judge’s or referee’s courtroom. B. The applicant shall give, no later than 4:00 p.m. on the day prior to the proposed ex parte application, advance notice of the time, place, and basic subject matter of the proposed ex parte application to all counsel and the social worker assigned to the case, except for good cause shown or consent of all counsel. C. The notice given to the other counsel regarding the ex parte application for a non-routine order shall be stated on the declaration re notice of ex parte application form attached as Appendix I. If the applicant has made a good faith attempt to inform the other counsel regarding the ex parte application but was unable to do so, the efforts made to inform them shall be specified on the declaration re notice of ex parte application. If the applicant contends that advanced notice to one or more other counsel should not be required, the grounds upon which this contention is based shall be specified on the Declaration re Notice of Ex Parte Application form. The completed Declaration re Notice of Ex Parte Application form shall be submitted to the judge or referee with the ex parte application. An ex parte application which is submitted to the judge or referee without the Declaration re Notice of Ex Parte Application form will be summarily denied. Whenever possible, the ex parte application moving papers and the declaration re notice of ex parte application form, and any responding papers, shall be served on all other counsel as far in advance of the ex parte application as is practicable. Notice of the ex parte application may be excused if the giving of such notice would frustrate the purpose of the order, or cause the minor to suffer immediate and irreparable physical or emotional harm. Notice may also be excused if, following a good faith attempt, the giving of notice is not possible, or if the other counsel does not object to the relief sought by the ex parte application. (Effective January 1, 1997.) RULE 6.05.6 NOTICED MOTIONS No noticed motion shall be accepted by the clerk’s office unless it is accompanied by a proof of service. A noticed motion must give ten (10) calendar days written notice to all other counsel unless the Court, for good cause shown, prescribes a lesser number of days for notice. (Effective January 1, 1997.) RULE 6.05.7 MODIFICATION OF ORDERS (Welfare & Institutions Code Sections 386, 387 and 388; California Rules of Court, Rules 5.560 – 5.570.) (Amended January 1, 2008.) RULE 6.05.8 MORE RESTRICTIVE PLACEMENT Any motion by petitioner to modify an existing order to a more restrictive placement shall be implemented pursuant to Welfare & Institutions Code Section 387 and California Rules of Court, Rules 5.560(c), 5.565. A change in an out-of-home, non-relative placement (i.e., foster care, family foster home, or group home) shall not be deemed a more restrictive placement unless the placement change is from a level 12 or lower placement (as defined by State law) to a higher level which requires a mental health certification. Placement in a level 13 or higher-level home is defined as being more restrictive than a level 1 to level 12 home whether the home is a foster home, a family foster home or a group home. (Amended January 1, 2008.) RULE 6.05.9 LESS RESTRICTIVE PLACEMENT Any motion by an interested party to modify the Court’s orders to a less restrictive placement shall follow the procedures outlined in Welfare & Institutions Code Section 388 and California Rules of Court, Rules 5.560(d), 5.570, and these rules. (Amended January 1, 2008.) RULE 6.05.10 APPLICATIONS FOR MODIFICATION Any party seeking an order changing, modifying or setting aside an order previously issued by the juvenile court shall file a petition pursuant to Welfare & Institutions Code Section 388. The petition shall comply with the requirements of Welfare & Institutions Code Section 388 and California Rules of Court, Rule 5.570. The completed petition for modification and any supporting papers shall be presented to the judge or referee in whose courtroom the minor’s case is assigned. The judge or referee shall either grant a hearing on the petition for modification and assign a hearing date, or deny the petition for modification outright. After the judge or referee signs the petition for modification, the party who presented the petition for modification shall file the petition for modification and any supporting papers with the clerk’s office and serve copies of the filed petition for modification and any supporting papers on each party and the party’s counsel, if any. If the judge or referee grants a hearing on the petition for modification and assigns a hearing date, the party who presented the petition for modification shall serve, no less than ten (10) calendar days prior to the assigned hearing date, the filed petition for modification and any supporting papers on each party and the party’s counsel, if any. If the petition for modification and any supporting papers are not served on each party or the party’s counsel, if any, in compliance with this rule, the hearing date may be taken off calendar. Any party seeking an order temporarily granting the relief sought in a petition for modification pending the hearing on that petition shall specify in the petition the fact that temporary relief is being sought and the specific nature of the temporary relief sought. Any such request for temporary relief shall be accompanied by evidence demonstrating that the order temporarily granting the relief sought in a petition for modification is in the best interests of the minor. The party seeking an order temporarily granting the relief sought in a petition for modification shall comply with the notice requirements for non-routine ex parte applications set forth in Local Rule 6.05.5. (Amended January 1, 2008.) RULE 6.05.11 VISITATION Visitation between a minor and the minor’s parents should be as frequent as possible based on the individual circumstances of the case, considering the needs of the child. Orders for visitation may be issued at any scheduled hearing. Arrangements for visitation may be modified by the filing and approval of a Welfare & Institutions Code Section 388 petition. Unless specified otherwise by the Court, the following definitions shall apply to visitation orders: o Supervised Visits: Child Protective Services is responsible for the supervision of visits unless the court order specifies that a third party may assume that role. Only reasonable visits may be required to be supervised. o Reasonable Visits: Visits may last up to one (1) day but shall not include overnight. o Liberal Visits: Visits may include overnight and weekends and up to a maximum of fourteen (14) consecutive days. o Extended Visits: Visits which last beyond fourteen (14) consecutive days. Pursuant to state regulations, extended visits become placements after sixty (60) consecutive days. Any significant decrease from the court-ordered level of a parent’s/party’s level of visitation shall 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 comments on the proposed reduction. (Effective January 1, 1997.) RULE 6.05.12 TRAVEL AUTHORIZATION Unless ordered otherwise by the Court, a minor’s care provider, with the concurrence of Child Protective Services and, when possible, notice to the parent, may authorize travel by the minor 1) within the State of California, and 2) if the minor is placed in Eastern Nevada County, to Washoe County and/or Douglas County, Nevada. Any travel that would conflict with any scheduled court date, and any other travel for the minor out of the State of California shall require prior court approval. Any application to the Court for orders regarding travel of the minor shall state what efforts have been made to notify the parent(s) and their response, if any. (Amended January 1, 2008.) RULE 6.05.13 APPLICATION TO COMMENCE PROCEEDINGS (Welfare & Institutions Code Sections 329, 331) When a Child Protective Services referral is made to Child Protective Services and if Child Protective Services decides not to intervene or fails to report the outcome of the referral to a reporting party within ten (10) days, any person may apply to Child Protective Services requesting Child Protective Services to file a petition pursuant to Welfare & Institutions Code Section 329. In that application, the applicant shall give notice and identifying information of any pending family law proceeding. If a family law proceeding is pending, a copy of the application shall also be sent to Family Court Services by the applicant. Child Protective Services shall respond to the application as soon as possible or within three (3) weeks after submission of the application. If applicable, Child Protective Services shall notify Family Court Services of its response. If the applicant is dissatisfied with the decision of Child Protective Services, the applicant may petition the juvenile court to order Child Protective Services to file a Welfare & Institutions Code Section 300 petition as provided by Welfare & Institutions Code Section 331. (Effective January 1, 1997.) RULE 6.06 COORDINATION WITHIN THE COURT SYSTEM (Effective January 1, 1997.) RULE 6.06.1 FAMILY AND JUVENILE COURT MANAGEMENT OF CHILD ABUSE CASES It is the policy of the Superior Court of the State of California, County of Nevada to identify and coordinate custody proceedings involving the same minor who may appear in multiple legal settings. It is further the policy of the Superior Court to coordinate the efforts of the different court systems so that the minor’s needs are served and the resources of the family and the Court are not wasted. To these ends the Superior Court and the agencies serving the court shall cooperate to increase the exchange of information and to determine the most appropriate forum for the resolution of the issues relating to the minor. (Amended July 1, 2003.) RULE 6.06.2 REPORT PURSUANT TO PENAL CODE SECTION 11166 If during the pendency of a family law proceeding a child abuse allegation against one of the minor’s parents comes to the attention of a Family Court Services staff member or other mediator or evaluator, that person shall first determine whether the allegation must be reported to a child protection agency pursuant to Penal Code Section 11166. If that person determines the allegation does not fall within the description of Section 11166, they need not make a report. However, any other person may report the allegation to a child protection agency. (Effective January 1, 1997.) RULE 6.06.3 CHILD ABUSE INVESTIGATION When Child Protective Services receives a report of suspected child abuse during the pendency of a family law proceeding, it shall investigate the matter pursuant to California Child Protective Services regulations. Child Protective Services shall inform Family Court Services of any decisions it makes concerning the child abuse investigation. If Child Protective Services determines that further investigation is necessary, it shall contact the appropriate investigating agency immediately so that all investigative efforts can be coordinated. (Effective January 1, 1997.) RULE 6.06.4 SUSPENSION OF FAMILY COURT PROCEEDINGS A. Child Protective Services report. After a report of suspected child abuse has been made to a child protection agency, the Court may suspend any custody and visitation proceedings in the Family Court. If a suspension is ordered, the Family Court shall have the power to make temporary protective orders to ensure the safety of the minor. An ordered suspension shall remain in effect for the period ordered by the Court or until Child Protective Services indicates in writing that it will take no action in the matter, whichever occurs first. B. Welfare & Institutions Code Section 300 Petition, Juvenile Court. If a petition pursuant to Welfare & Institutions Code Section 300 is filed in the juvenile court, all custody and visitation proceedings in the Family Court are suspended. Thereafter, custody and visitation issues shall be determined by the juvenile court. The Family Court shall resume custody of visitation litigation only after written authorization is received from the juvenile court. (Effective January 1, 1997.) RULE 6.06.5 INFORMAL SUPERVISION AGREEMENT If during Child Protective Services investigation, one or both parents reach an informal supervision agreement pursuant to Welfare & Institutions Code Section 301, a copy of that agreement shall be sent immediately to Child Protective Services, to Family Court Services and to each parent. (Effective January 1, 1997.) RULE 6.06.6 PETITION FOR DISMISSAL Whenever any interested party believes that juvenile court intervention on behalf of a minor is no longer necessary, application may be made to the juvenile court pursuant to Welfare & Institutions Code Section 388 or at any regularly scheduled hearing to have the case dismissed. If the application is granted, any future litigation relating to the custody, visitation and control of the minor shall be heard in the Family Court or other appropriate Superior Court of the State of California, County of Nevada Civil Department. (Effective January 1, 1997.) RULE 6.06.7 JUVENILE COURT CUSTODIAL ORDER If the juvenile court determines that jurisdiction of the juvenile court is no longer necessary for the protection of the minor, the Court may create a custodial order consistent with the needs of the minor and thereafter dismiss the juvenile petition and case. (See Judicial Council Form JV- 200.) Any party may object to the proposed dismissal and be heard on the issues. (Effective January 1, 1997.) RULE 6.06.8 MAINTENANCE OF ORDERS IN COURT FILES A. Juvenile Court. The original court order shall be filed in the Family Court or other Superior Court division and endorsed copies shall be filed in the juvenile court file. A copy of the endorsed filed order shall be provided to the attorneys and parties. B. Superior Court. If no court file exists in the Family Court or other Superior Court division or in any other jurisdiction, the clerk’s office shall create a file under the names of the minor’s parents. The file shall contain a copy of the Juvenile Court order. Pursuant to Welfare & Institutions Code Section 362.4, there shall be no filing fee. (Amended July 1, 2025.) RULE 6.06.9 DOMESTIC VIOLENCE ORDERS AND COORDINATION Whenever application is made for a protective order or a custody/visitation order under circumstances in which domestic violence is alleged, the parties and Court will adhere to the procedures set forth in Chapter 11 (Domestic Violence Coordination Rules). (Effective July 1, 2003.) RULE 6.06.10 VICTIM NOTIFICATION IN DOMESTIC VIOLENCE CASES In any domestic violence case subject to the provisions of Penal Code Section 1203.097, the District Attorney shall give notice to the victim of the disposition of the case. (Effective January 1, 2008.) RULE 6.07 MEDICAL ISSUES (Effective January 1, 1997.) RULE 6.07.1 STANDING ORDER PERMITTING HEALTH ASSESSMENT, PHYSICAL EXAMINATION, LABORATORY TESTS, VENEREAL DISEASE SCREENING AND FURNISHING OF CONTRACEPTIVES, IMMUNIZATIONS, ROUTINE MEDICAL CARE, MENTAL HEALTH EVALUATION AND SERVICES, AND DENTAL ASSESSMENT AND TREATMENT OF TEMPORARILY DETAINED MINORS In order that minors detained by or in the custody of the Child Protective Services receive necessary care of their physical and mental health, and do not endanger the health and welfare of other persons, medical facilities, clinics and providers within the County of Nevada are hereby authorized to provide, and Child Protective Services is authorized to secure, the following services to all such minors, which services follow the Statement of the Committee on Adolescents of the American Academy of Pediatrics, Health Care for Children and Adolescents in Detention Centers, Jail, Lock-ups, and other Court Sponsored Residential Facilities: A. A comprehensive health assessment and physical examination. B. Any clinical laboratory tests the physician determines are necessary for the evaluation of the minor’s health status. C. Upon consent of the minor, sexually active minors may be screened for venereal disease. Contraceptive devices may be furnished to any minor upon the minor’s request. D. Any immunization necessary to bring a minor’s immunization up to date, and, if immunizations are recommended by the American Academy of Pediatrics for that child’s age. E. Any routine medical care required based on the results of the comprehensive health assessment, and any routine medical care required for the care of illnesses and injury, including the use of standard X-rays. Routine medical care excludes any medical procedure requiring local or general anesthesia. Routine medical care as referred to above includes: 1. First aid care for conditions which require immediate assistance from a person trained in basic first aid as defined by the American Red Cross or its equivalent; 2. Clinic care for ambulatory minors with health care complaints that are evaluated and treated on an out-patient basis; 3. Inpatient bed care for illness or injury which requires limited observation and/or management and does not require admission to a licensed hospital. Routine medical care does not include blood transfusions or inpatient care for illness or diagnosis which requires optimal observation and/or management in a licensed hospital. F. A mental health status evaluation and necessary mental health services except no placement in an inpatient psychiatric facility shall occur without compliance with Welfare & Institutions Code Sections 319.1, 500 et seq., 5585 et seq. and 6550 et seq. G. A dental assessment, including X-rays when appropriate, and any routine dental treatment required based on the results of the dental assessment. Routine dental treatment does include the use of local anesthesia but excludes any procedure requiring general anesthesia. H. Reasonable efforts should be made to obtain the consent of the parent or legal guardian for non-routine medical care while the minor is temporarily detained or placed out-of-home. In the event said consent cannot be obtained (e.g., parent or guardian is not available to give consent), Child Protective Services shall request a court order for any non-routine health care. (Effective January 1, 1997.) RULE 6.07.2 AUTHORIZATION FOR USE OF PSYCHOTROPIC DRUGS Juvenile Court authorization for the administration of psychotropic medication to dependent children of the court shall be obtained using the procedures and forms set forth in California Rules of Court, Rule 5.640. Pursuant to California Rules of Court, Rule 5.640(i), the procedures and forms set forth in California Rules of Court, Rule 5.640 shall apply to the authorization for administration of psychotropic medication to a minor declared a ward of the court under Welfare & Institutions Code Section 601 or 602 and removed from the custody of the parent or guardian. (Amended January 1, 2008.) RULE 6.07.3 SIX MONTH RENEWAL NEEDED FOR ALL ORDERS Order authorizing administration of psychotropic/anti-seizure medications shall expire no later than six (6) months from date of issuance without prejudice to a renewal request using the above procedures. (Effective January 1, 1997.) RULE 6.08 CONFIDENTIALITY (Effective January 1, 1997.) RULE 6.08.1 RELEASE OF INFORMATION RELATING TO JUVENILES (Welfare & Institutions Code Sections 827, 10850) Juvenile Court records are confidential by statute and case law. Disclosure and use of such records shall be governed by Welfare & Institutions Code Section 827, Welfare & Institutions Code Section 10850, California Rules of Court, Rule 5.552 and the Juvenile Court’s standing order on confidentiality, which is attached to these Local Rules in Appendix II. (Amended January 1, 2017.) RULE 6.08.2 RELEASE OF RECORDS TO PARTIES AND THEIR ATTORNEYS Any party or their attorney in any Welfare & Institutions Code Section 300 matter shall be given access to all unsealed dependency records relating to the minor that are held by the clerk’s office. (Effective January 1, 1997.) RULE 6.08.3 ACCESS TO COURTROOM BY NON-PARTIES (Welfare & Institutions Code Sections 345, 346) Unless specifically permitted by statute, Juvenile Court proceedings are confidential and shall not be open to the general public. The Court encourages interested persons including trainees and students to attend juvenile proceedings in order to better understand the workings of the Juvenile Court. The Court retains the discretion to determine in each case whether any such interested party shall remain in the courtroom. The Court or its agent shall remind each such nonparty that the names of parties and any actual or potentially identifying information from any case are confidential and shall not be further disclosed to anyone outside of the court. The Court, on its own or at the request of any party, may require a person attending a Juvenile Court proceeding to sign a written agreement or state under oath that they will comply with all confidentiality requirements. (Effective January 1, 1997.) RULE 6.09 PARENTAL FINANCIAL RESPONSIBILITY A. A standing order on parental responsibility and a standing order to appear for financial evaluation have been adopted and are attached to these rules in Appendix II. These standing orders are subject to Local Rule 6.00.2. B. Whenever a child is not returned to the home of their parent(s) (other than placement in a juvenile hall or other lock-up facility), the parent(s) shall be advised that they are subject to an order of child support, retroactive to the date of placement. Each parent shall be referred to the Family Court Facilitator for information, forms and assistance regarding that parent’s child support obligations and the effect of reunification for family with qualifying income. C. The father, mother, spouse or other person liable for the support of a minor, the estate of that person, and the estate of the minor, shall be liable for the reasonable costs of support, pursuant to Welfare & Institutions Code Section 903, the cost of legal services as provided for in Section 903.1 or probation costs as provided in Section 903.2, or any other reimbursable costs allowed under the Welfare & Institutions Code, and may be ordered to appear before the financial evaluation officer for a financial evaluation of their ability to pay those costs. (Amended July 1, 2010.) RULE 6.10 CHILD ABUSE PREVENTION AND TREATMENT ACT (CAPTA) GUARDIAN AD LITEM An attorney appointed under California Rules of Court, Rule 5.660 will serve as the child’s CAPTA guardian ad litem under Welfare & Institutions Code Section 326.5. If the Court finds that the child would not benefit from the appointment of counsel, the Court will appoint a CASA volunteer to serve as the child’s CAPTA guardian ad litem. The guardian ad litem shall have the responsibilities and duties set forth and referred to in California Rules of Court, Rule 5.662. (Effective January 1, 2008.) RULE 6.11 REPEALED (Repealed July 1, 2025.) RULE 6.12 JUVENILE JUSTICE/DELINQUENCY PROCEEDINGS (Effective July 1, 2017.) RULE 6.12.1 PURPOSE AND AUTHORITY These rules are established to comply with Rule 5.663 California Rules of Court, and are effective July 1, 2017 for juvenile justice/delinquency matters. (Effective July 1, 2017.) RULE 6.12.2 GENERAL COMPETENCY REQUIREMENT A. All attorneys representing minors in juvenile justice/delinquency proceedings must meet the minimum standards of competence set forth in California Rules of Court, Rule 5.664(b) & (c). B. Attorneys who have completed the required education and training shall complete a Declaration of Eligibility for Appointment to Represent Youth in Delinquency Court (JV700) by July 1 of each year. C. In the case of an attorney who maintains their principal office outside of this county, proof of certification by the Juvenile Court of the California county in which the attorney maintains an office shall be sufficient evidence of competence to appear in a juvenile justice/delinquency proceeding in this county. (Amended July 1, 2026.)
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.