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Chapter 13 (Rules 13.1 to 13.12): application and authority under CRC 5.660(a) (Rules 13.1 and 13.2); competency of attorneys in juvenile dependency proceedings - the Certification of Competency submitted within ten (10 ) court days of appointment, renewal, competency periods, minimum training of at least eight hours, decertification and evidence of training (Rules 13.3 to 13.5); standards of representation (Rule 13.6); the written Waiver of Rights-Juvenile Dependency (form JV-190) (Rule 13.7); complaints about appointed attorneys, reviewed within ten (10) court days (Rule 13.8); informing the court of a dependent child's interests on Judicial Council Form JV-100 (Rule 13.9); hearing timelines - detention, jurisdiction, disposition, review hearings, writ petitions, the selection hearing and notices of appeal (Rule 13.10); guardians ad litem (Rule 13.11); and Court Appointed Special Advocates, their reports at least five (5) court days before the hearing (Rule 13.12).
California > Sixth Appellate District > San Benito County > Superior Court of California, County of San Benito
CHAPTER 13 - JUVENILE COURT RULES RULE 13.1 - APPLICATION These local rules are intended to supplement state statutes and CRC 5.500 - 5.906 relating to juvenile court matters. To the extent that any of these rules conflict with either state statute or California Rules of Court, the local rule is of no legal effect. (Eff. 7/1/99) (Rev. 7/1/08) (Rev. 1/1/21) (Rev. 1/1/25) (Rev. 7/1/25) RULE 13.2 - PURPOSE AND AUTHORITY These local rules are established to comply with CRC 5.660(a). (Eff. 7/1/96) (Renumbered 7/1/99) (Rev. 7/1/08) RULE 13.3 - GENERAL COMPETENCY REQUIREMENT All attorneys appearing in juvenile dependency proceedings must comply with the requirements of this chapter. This chapter is 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. As described in Local Rule 13.4(a), attorneys who are privately retained to represent a party to a juvenile dependency proceeding must either (i) submit a Certification of Competency to the court or (ii) provide a notice to the applicable client(s) that the attorney has not completed a Certification of Competency and file a copy of the notice given to the client with the court. (Eff. 7/1/96) (Renumbered 7/1/99) (Rev. 7/1/08) (Rev. 1/1/16) (Rev. 7/1/18) RULE 13.4 - SCREENING FOR COMPETENCY a) Initial Certification of Competency: Any court-appointed attorney appearing in a dependency matter for the first time must complete and submit a Certification of Competency (available on the court’s website) to the court within ten (10 ) court days of his or her appointment. Any privately-retained attorney appearing in a dependency matter for the first time must have a valid Certificate of Competency on file with the court or, within ten ( 10) court days of his or her first appearance in the matter, either (i) complete and submit a Certification of Competency to the court, or (ii) provide a written notice to the applicable client(s) disclosing that the attorney has not completed a Certification of Competency, and file a copy of the notice given to the client with the court. b) Renewal Certification of Competency: to retain his or her competency to practice before the juvenile court in dependency cases beyond the expiration of the current competency period, an attorney must submit a new Certification of Competency to the court. See Local Rule 13.5(d) regarding decertification. c) Competency Period: Effective January 1, 2016, the competency periods of all attorneys receiving initial, or renewal Certifications of Competency will expire on a uniform date. The first uniform competency period begins on February 1, 2016, and ends on January 31, 2019. The competency period of any attorney receiving an initial or renewal certification of Competency during the first uniform competency period will expire on January 31, 2019. Example A: an attorney submits a Certification of Competency to the court on February 1, 2016; his or her competency period will expire on January 31, 2019, a full three years later. Example B: an attorney submits a Certification of Competency to the court on August 31, 2018; his or her competency period will expire on January 31, 2019, only five months later. Subsequent uniform competency periods will expire on the third anniversary of the expiration of the prior uniform competency period (e.g., January 31, 2022; January 31, 2025; etc.). d) Standards: Attorneys who meet the minimum standards of training or experience as set forth in Local Rule 13.5, as demonstrated by the evidence submitted along with a Certification of Competency, will be deemed competent to practice before the juvenile court in dependency cases except as provided in subdivision (e) of this rule. e) Prior Conduct or Performance: i. Initial Finding: Upon submission of an initial or renewal Certification of Competency, the court may determine that a particular attorney does not meet minimum competency standards based on the conduct or performance of that attorney before the court in a dependency case within the six-month period prior to the submission of the certification. ii. Notice: The court will provide notice of this determination to the attorney. The attorney will have ten (10) court days after the date of the notice to request a hearing before the court concerning the court’s determination. If the attorney does not request a hearing within that period of time, the court’s determination will become final. iii. Hearing: If the attorney requests a hearing, the hearing will be held as soon as practicable after the attorney’s request therefor. The attorney will be given at least 10 court days’ notice of the hearing. The hearing may be held in chambers. The hearing will not be open to the public. The court may designate a commissioner, referee, judge pro tempore, or any qualified member of the bar to act as hearing officer. At the hearing, the attorney must present arguments to the hearing officer with respect to the court’s determination. Within ten (10) court days after the hearing, the court or hearing officer must issue a written determination upholding, reversing or amending the court’s original determination. The hearing decision is the final determination of the court with respect to the matter. A copy of the hearing decision must be provided to the attorney. f) Lawyers from Outside San Benito County: In the case of an attorney who maintains his or her principal office outside of San Benito County, proof of certification by the juvenile court of the California county in which the attorney maintains an office will be sufficient evidence of competence to appear in a juvenile proceeding in this court. (Eff. 7/1/96) (Rev. and renumbered 7/1/99) (Rev. 7/1/08) (Rev. 1/1/16) (Rev. 7/1/18) (Rev. 7/1/20) RULE 13.5 - MINIMUM STANDARDS OF EDUCATION OR TRAINING a) Initial Certification of Competency: For the initial Certification of Competency, the attorney must have either: i. Participated in at least eight hours of training or education in juvenile dependency law in the immediately preceding three years, which training, or education must 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, family reunification and preservation, or ii. At least six months of experience in dependency proceedings in which the attorney has demonstrated competence in the attorney’s representation of his or her clients. In determining whether the attorney has demonstrated competence, the court must consider whether the attorney’s performance has substantially complied with the requirements of these rules. b) Renewal Certification of Competency: For a renewal Certification of Competency, the attorney must have completed at least eight hours of continuing training or education directly related to dependency proceedings. The attorney’s continuing training or education must have occurred during the three years immediately prior to the submission of the renewal Certificate of Competency and may not include any training or education that was counted toward a prior Certification of Competency. c) Continuing Training: The attorney’s continuing training or education must be in the areas set forth in subdivision (a)(1) of this local rule, or in other areas related to juvenile dependency practice including substance abuse, domestic violence, restraining orders, special education, mental health, health care, immigration issues, the rules of evidence, adoption practice and parentage issues, the Uniform Child Custody Jurisdiction and Enforcement 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 the rules of civil procedure. d) Decertification: When a certified attorney fails to submit evidence that he or she has completed at least the minimum required training and education to the court by the due date, the court will notify the attorney that he or she will be decertified. The attorney will have 20 court days from the date of the mailing of the notice to submit evidence of his or her 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 must order that certified counsel be substituted for the attorney who fails to complete the required training, except in cases where a party is represented by retained counsel. e) Evidence of Training or Education: Evidence of completion of training or education may include a copy of (i) a certificate of attendance issued by a California MCLE provider; (ii) a certificate of attendance issued by a professional organization which provides training or education for its members, whether or not it is a MCLE provider; (iii) the training or educational program schedule together with evidence of attendance at a program; or (iv) other documentation as may reasonably be considered to demonstrate the attorney’s attendance at a program or completion of self-study activities. Attendance at a court-sponsored or approved program will also count toward the required training hours. (Eff. 7/1/96) (Renumbered 7/1/99) (Rev 1/1/02) (Rev. 7/1/08) (Rev. 1/1/11) (Rev. 1/1/16) (Rev. 1/1/21) RULE 13.6 - STANDARDS OF REPRESENTATION All attorneys appearing in dependency proceedings must meet the following minimum standard of representation: a) Investigation: The attorney must thoroughly and completely investigate the accuracy of the allegations of the petition or other moving papers, and the court reports filed in support thereof. The investigation must include (i) conducting a comprehensive interview with the client to ascertain his or her knowledge or involvement in the matters alleged or reported; (ii) contacting social workers and other professionals associated with the case to ascertain if the allegations or reports are supported by accurate facts and reliable information; (iii) consulting with and, if necessary, seeking the appointment of experts to advise the attorney or the court with respect to matter which are beyond the expertise of the attorney or the court; and (iv) obtaining any other facts, evidence or information as may be necessary to effectively present the client’s position to the court. b) Client’s Interest: The attorney must determine the client’s interest and the position the client wishes to take in the matter. Except in those cases in which the client’s whereabouts is unknown, the attorney must complete 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 must also interview the child’s caretaker. The attorney or the attorney’s agent must make at least one visit to the child at the child’s placement prior to the jurisdiction hearing. Thereafter, the attorney or attorney’s agent should make at least one visit to the child at the child’s placement prior to each review hearing. c) Advice: The attorney must advise the client of the possible courses of action and of the risks and benefits of each. This includes advising the client of the risks and benefits of resolving disputed matters without the necessity for adhering to court mandated time limits. d) Vigorous Representation: The attorney must vigorously represent the child within applicable legal and ethical boundaries. This includes 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 interest, and to comply with local rules and procedures and statutorily mandated timelines. e) Caseload: Attorney caseload must be in accordance with CRC 5.660(d)(6) allowing the attorney to perform the required duties. (Eff. 7/1/96) (Renumbered 7/1/99) (rev. 1/1/02) (Rev. 7/1/08) RULE 13.7 - WRITTEN WAIVER OF RIGHTS In order to facilitate the taking of admissions or no contest pleas from parents in juvenile dependency proceedings, counsel for parent(s) shall furnish to the Court, at the time of the plea, a written Waiver of Rights-Juvenile Dependency (form JV-190) that has been discussed with and completed by the parents, pursuant to California Rules of Court 5.504. (Adopted 1/1 /23) RULE 13.8 - PROCEDURES FOR REVIEWING AND RESOLVING COMPLAINTS a) Parties Allowed to Lodge a Complaint: Any party to a juvenile court proceeding may lodge a written complaint with the court concerning the performance of his or her appointed attorney. 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 a social worker, a caretaker relative, or a foster parent. b) Notice of Procedures: Each appointed attorney must give written notice to his or her adult client of the procedure for lodging complaints with the court concerning the performance of an appointed attorney. The notice must be given to the client within ten (10) court days of the attorney’s appointment to represent the client. Evidence that a copy of the notice was given or mailed to the client must be provided to the court within ten (10) court days of a request therefor from the court. In the case of a minor client, the notice must 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 must also be sent or given to the minor. c) Review of Complaint: The court must review a complaint within ten (10) court days of receipt. If the court determines that the complaint presents reasonable cause to believe that the attorney may have failed to act competently or has violated local rules, the court must notify the attorney in question of the complaint, provide the attorney with a copy of the complaint, and give the attorney twenty (20) court days from the date of the notice to respond to the complaint in writing. d) Review of Response: After the attorney has filed a response or the time for a submission of a response has passed, the court must review the complaint and the response, if any, to determine whether the attorney failed to act competently or violated local rules. The court may ask the complainant or the attorney for additional information prior to making a determination on the complaint. e) Finding that Court Rules Were Violated: If, after reviewing the complaint, the response, and any additional information, the court finds that the attorney acted contrary to the rules of the court, the court may reprove the attorney, either privately or publicly. In cases of willful or egregious violations of local rules, that court may issue reasonable monetary sanctions against the attorney. f) Finding that Attorney Acted Incompetently: If, after reviewing the complaint, the response, and any additional information, the court finds that the attorney acted incompetently, the court may order (i) that the attorney must practice under the supervision of a mentor attorney for a period of at least six months, (ii) that the attorney must complete a specified number of hours of training or education in the area in which the attorney’s conduct was incompetent, or (iii) both. In cases in which the attorney’s conduct caused actual harm to his or her client, the court must order that competent counsel be substituted for the attorney found to have been incompetent and may, in the court’s discretion, refer the matter to the State Bar of California for further action. g) Notice of Determination: The court must notify the attorney and the complaining party in writing of its determination of the complaint. If the court makes a finding under subdivision (e) or (f), the attorney will have ten (10) court days after the date of the notice to request a 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 will become final. h) Appeal: If the attorney requests a hearing, the attorney must serve a copy of the request on the complaining party. The hearing will be held as soon as practicable after the attorney’s request therefor, but in no case will it be held more than thirty (30) calendar days after it has been requested except by stipulation of the parties. The complainant and the attorney will each be given at least ten (10) court days’ notice of the hearing. The hearing may be held in chambers. The hearing will not be open to the public. The court may designate a commissioner, referee, judge pro tempore, or any qualified member of the bar to act as hearing officer. i) Hearing and Final Determination: At the hearing, each party has the right to present arguments to the hearing officer with respect to the court’s determination. Such arguments must be based on the evidence before the court at the time the determination was made. No new evidence may be presented unless the party offering such evidence can show that it was not reasonably available to the party at the time that the court made its initial determination with respect to the complaint. Within ten (10) court days after the hearing, the court or hearing officer must issue a written determination upholding, reversing or amending the court’s original determination. The hearing decision is the final determination of the court with respect to the matter. A copy of the hearing decision must be provided to both the complainant and the attorney. (Eff. 7/1/96) (Renumbered 7/1/99) (Rev. 7/1/08) (Renumbered 1/1/23) RULE 13.9 - PROCEDURES FOR INFORMING THE COURT OF THE INTERESTS OF A DEPENDENT CHILD a) Parties Who Make Notice: 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 must notify the court of such right or interest as soon as it is reasonably possible for counsel to do so. b) Form and Content of Notice: Notice to the court may be given by the filing of Judicial Council Form JV-100 (“Juvenile Dependency Petition (Version One)”) or Judicial Council Form JV-180 (“Request to Change Court Order”). The person giving notice must set forth (i) the nature of the interest or right which needs to be protected or pursued, (ii) the name and address, if known, of the administrative agency or judicial forum in which the right or interest may be affected, and (iii) the nature of the proceedings being contemplated or conducted there. c) Notice by Child’s Counsel: If the person filing the notice is the counsel for the minor, the notice must state (i) what action on the child’s behalf the attorney believes is necessary, (ii) whether the attorney is willing or able to pursue the matter on the child’s behalf, (iii) whether the association of counsel specializing in practice before the agency or court may be necessary or appropriate, (iv) whether the appointment of a guardian ad litem may be necessary to initiate or pursue the proposed action, (v) whether joinder of an administrative agency to the juvenile court proceedings pursuant to Welfare and Institutions Code section 362 may be appropriate or necessary to protect or pursue the child’s interests, and (vi) whether further investigation may be necessary. d) Service: If the person filing the notice is not the attorney for the child, a copy of the notice must be served on the attorney for the child, or, if the child is unrepresented, the notice must so state. e) Hearing: 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 the right or interest should be protected or pursued. f) Possible Actions: If the court determines that further action on behalf of the child is required, the court must do one or more of the following: i. Authorize the minor’s attorney to pursue the matter of the child’s behalf; ii. Appoint an attorney for the child if the child is unrepresented; iii. Notice a joinder hearing pursuant to Welfare and Institutions Code section 362 compelling the responsible agency to report to the court whether it has carried out its statutory duties with respect to the child; iv. Appoint guardian ad litem for the child for the purposes of initiating or pursuing appropriate action in the other forum(s); and v. Take any other action the court may deem necessary or appropriate to protect the welfare and rights of the child. (Eff. 7/1/96) (Renumbered 7/1/99) (Rev. 1/1/02) (Rev. 7/1/08) (Rev. 1/1/22) (Renumbered 1/ 1 /23.) RULE 13.10 - TIMELINES Attorneys for parties must adhere to the statutory timelines for all hearings. The court will accept time waivers and grant continuances only on a showing of exceptional circumstances. Timelines for hearing are: a) Detention Hearings: Detention hearings must be heard no later than the end of the next court day after a petition has been filed. (See Welfare and Institutions Code section 315.) b) Jurisdiction Hearing: If the child is detained, the petition must be set for hearing within fifteen (15) court days from the date of the detention order. If the child is not detained, the petition must be set for hearing within thirty (30) calendar days after the petition is filed. (See Welfare and Institutions Code section 334.) c) Disposition Hearing: If the child is detained, and the social worker is not alleging that Welfare and Institutions Code section 361.5(b) is applicable, the hearing on disposition must begin within ten (10) court days from the date the petition was sustained. If the child is not detained, the disposition hearing will begin no later than 30 calendar days after jurisdiction is found. If the social worker is alleging that Welfare and Institutions Code section 361.5(b) is applicable, the court shall continue the proceedings for a period not to exceed 30 calendar days, and the social worker shall notify each parent in accordance with Welfare and Institutions Code section 358(a)(3). (See Welfare and Institutions Code section 358.) d) Six Month Review Hearing: The court is required to review the status of every dependent child within six months of the declaration of dependency and at least every six months thereafter. (See Welfare and Institutions Code sections 364, 366, and 366.21; CRC 5.710.) e) Twelve Month Review: The court is required to review the status of every child who has been removed from the custody of a parent or guardian within twelve months of the declaration of dependency. (See Welfare and Institutions Code section 366.21; CRC 5.715.) f) Eighteen Month Review: If the child is not returned at the twelve-month review, the court must conduct a review no later than eighteen months from the date of the original detention. (See Welfare and Institutions Code sections 366.21, 366.22; CRC 5.720.) g) Notice of Intent to file Writ Petition: A notice of intent to file a petition for extraordinary writ must be filed within: i. Seven (7) calendar days after the date of the order, if the party was at the hearing; ii. Twelve (12) calendar days after the date the clerk mailed the notification, if the party was notified of the order only by mail; iii. Seventeen (17) calendar days after the date the clerk mailed the notification, if the party was notified of the order by mail, and the notice was mailed to an address outside California but within the United States; or iv. Twenty-seven (27) calendar days after the date the clerk mailed the notification, if the party was notified of the order by mail, and the notice was mailed to an address outside the United States. If the order was made by a referee not acting as a temporary judge, the party has an additional ten (10) calendar days to file the notice of intent, as provided in CRC 5.540(c). (See CRC 8.450(e)(4).) h) Petition for Writ: A petition seeking writ review of orders setting a hearing under the Welfare and Institutions Code must be served and filed within ten (10) calendar days after the filing of the record in the reviewing court. (See CRC 8.452(c)(1).) (i) Response to Writ Petition: Any response to a writ petition must be served and filed within: i. Ten (10) calendar days after the filing of the writ of petition if the petition was not served by mail; ii. Fifteen (15) calendar days after the filing of the writ of petition if the petition was served by mail; or iii. Ten (10) calendar days of receiving a request for a response from the reviewing court, unless the court specifies a shorter time. (See CRC 8.452(c)(2).) j) Selection Hearing: The selection hearing for permanent placement will begin within one hundred twenty (120) calendar days of the review at which reunification services are terminated and a hearing under Welfare and Institutions Code section 366.26 ordered. (See Welfare and Institutions Code section 366.3; CRC 5.710, 5.715, and 5.720.) k) Notice of Appeal: Except in matters heard by a referee not acting as a temporary judge, a notice of appeal must be filed within sixty (60) calendar days after the rendition of the judgment. For matters heard by a referee not acting as a temporary judge, see CRC 8.406(a). (Eff. 7/1/99) (Rev. 7/1/08) (Rev. 1/1/16) (Rev. 7/1/18) (Rev. 1/1/21) (Renumbered 1/ 1 /23.) (Rev. 1/1/24) RULE 13.11- GUARDIANS AD LITEM a) For Minors: i. All minors who are the subject of juvenile court proceedings will have a guardian ad litem appointed to represent them. ii. In most cases the child’s attorney will be the guardian ad litem. iii. In the case of a conflict of interest, the court may appoint a different adult as guardian ad litem for the minor. b) For Parents: The court must appoint guardian ad litem to represent any incompetent parent or guardian whose child is before the juvenile court pursuant to a dependency petition. (See Welfare and Institutions Code section 300 et seq.) The determination of incompetency may be made by the court at any time in the proceeding based upon evidence received from any interested party. c) Notice to Guardian ad Litem, Access to Records, Right to Appear: i. In all proceedings the guardian ad litem must be given the same notice as any party. ii. The guardian ad litem will have the same access to all records relating to the case as would any party. iii. The guardian ad litem will have the right to appear at all hearings. (Renumbered 1/1/23) (Rev. 1/1/24) RULE 13.12- COURT APPOINTED SPECIAL ADVOCATES (CASA) The Presiding Judge may appoint a special advocate program, which shall adhere to the requirements set forth in CRC rule 5.655. 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: i. To support the child throughout the court proceedings; ii. To establish a relationship with the child to better understand his or her particular needs and desires; iii. To communicate the child’s needs and desires to the court in written reports and recommendations; iv. To identify and explore potential resources which will facilitate early family reunification or alternative permanency planning; v. To provide continuous attention to the child’s situation to ensure that the court’s plans for the child are being implemented; vi. To the fullest extent possible, to communicate and coordinate efforts with the case manager/social worker; and vii. To investigate the interests of the child in other judicial or administrative proceedings outside juvenile court; report to the juvenile court concerning these proceedings; and, with the approval of the court, offer his or her services on behalf of the child to such other courts or tribunals. b) Sworn Officer of the Court: An advocate is an officer of the court and is bound by these rules. Each advocate will be sworn in by a judicial officer before beginning his or her duties. c) Specific Duties: The court may, in its initial order of appointment and in any subsequent order, specifically delineate the advocate’s duties in each case, which may include independently investigating the circumstances of the case, interviewing and observing the child and other appropriate individuals, reviewing appropriate records and reports, considering 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 must discharge his or her obligation to the child and the court in accordance with the general duties set forth above. d) Court Authorization: To accomplish the appointment of an advocate, the judicial officer making the appointment will 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. e) Access to Records: An advocate will have the same legal rights to records relating to the child he or she is appointed to represent as any case manager/social worker, including records held by any agency, school, organization, division or department of the State, physician, surgeon, nurse, other health care provider, psychologist, mental health Superior Court of California, County of San Benito Page 56 provider or law enforcement agency. The advocate will present his or her identification as a court-appointed advocate to any such record holder in support of his or her request for access to specific records. No consent from the parent or guardian is necessary for the advocate to have access to any records relating to the child. f) Confidentiality of Case Information: This subsection governs the confidentiality of case information, in accordance with CRC 5.655(d). i. All information concerning children and families, including nonminors, in the juvenile court process is confidential. Advocates must not give case information to anyone other than the court, the parties and their attorneys, and CASA staff. ii. Advocates are required by law (Penal Code section 11166 et seq.) to report any reasonable suspicion that a child is a victim of child abuse or serious neglect as described by Penal Code section 273a. iii. The child’s original case file must be maintained in the CASA office by a custodian of records and must remain there. Copies of documents needed by an advocate must be restricted to those needed to conduct necessary business outside of the office. No one may have access to the child’s original case file except on the approval of the CASA program director or presiding judge of the juvenile court. Controls must be in place to ensure that records can be located at any time. The office must establish a written procedure for the maintenance of case files. iv. If the nonminor provides consent for the advocate to obtain his or her nonminor dependent court file, the procedures stated in paragraph (3) related to maintenance of the case file must be followed. v. The advocate’s personnel file is confidential. No one may have access to the personnel file except the advocate, the CASA program director or a designee, or the presiding judge of the juvenile court. g) Communication with Others: There will be ongoing, regular communication concerning the child’s best interests, current status, and significant case developments, maintained among the advocate, case manager, child’s attorney, attorneys for parents, relatives, foster parents, and any therapist for the child. h) Right to Notice: In any motion concerning the child for whom the advocate has been appointed, the moving party must provide the advocate timely notice. i) Calendar Priority: Because advocates are rendering volunteer services to children and the court, matters on which they appear should be granted priority on court’s calendar, whenever possible. j) Visitation: An advocate must visit the child regularly until the child is secure in a permanent placement. Thereafter, the advocate must monitor the case as appropriate until dependency is dismissed, or the advocate is relieved from appointment. k) Family Law Advocate: If the juvenile court dismisses dependency and creates a family law order pursuant to Welfare and Institutions Code section 362.4, the advocate’s Superior Court of California, County of San Benito Page 57 appointment may be continued in the family law proceedings, in which case the juvenile court orders will set forth the nature, extent and duration of the advocate’s duties in the family law proceeding. l) Right to Appear: An advocate will have the right to be heard at all court hearings, and hearings and will not be subject to exclusion by virtue of the fact that the advocate may be called to testify at some point in the proceedings. The court, in its discretion, has the authority to grant the advocate amicus curiae status, which includes the right to appear with counsel. m) Distribution of CASA Reports: The advocate must submit his or her report to the court at least five (5) court days prior to the hearing. The advocate must serve a copy of the report on the parties to the case at least two (2) court days prior to the hearing. For purposes of this rule, the parties to the case include (as applicable): county counsel; attending case social worker; child’s attorney; parents’ attorney(s); child (via foster family agency); Indian Child Welfare Act representative; and de facto parents. n) Adoption of Program Guidelines: The program guidelines adopted by the Judicial Council of California pursuant to Welfare and Institutions Code section 100(a) are adopted and incorporated into these local rules. o) Procedures in Juvenile Justice Cases: . A request for appointment of a youth advocate in a juvenile justice case may be made orally or in writing in open court or ex-parte by the probation officer or any party to the case, or by the court on its own motion. In the case of a dually involved youth who already has a CASA advocate who wants to continue in the Juvenile Justice Division, the Court will sign a new order appointing a Court Designated Child Advocate. . Any party to the proceeding may petition the Court for a hearing to reconsider the appointment. . A youth advocate may petition the Court to set the youth’s case for a review hearing. p) A CASA volunteer may resign from an individual case or the CASA program or may be removed from an individual case in accordance with CRC rule 5.655(l). q) The youth advocate serves at the pleasure of the Court, and the appointment of a youth advocate may be terminated by the Court. Any party or the director of the youth advocate program may file a motion for termination of a youth advocate. The Court will determine whether there will be a hearing on such a motion. r) Any youth advocate with a grievance concerning such termination may petition the Court for a hearing. Such Petition must include facts indicating that the youth advocate has exhausted all remedies available to him or her within the youth advocate program. The Court will determine whether there will be a hearing on such a petition. (Eff. 7/1/08) (Rev. 7/1/18) (Rev. 1/1/22) (Renumbered 1/1/23.) (Rev. 1/1/24) (Rev. 7/1/25.)
CHAPTER 13 - JUVENILE COURT RULES RULE 13.1 - APPLICATION These local rules are intended to supplement state statutes and CRC 5.500 - 5.906 relating to juvenile court matters. To the extent that any of these rules conflict with either state statute or California Rules of Court, the local rule is of no legal effect. (Eff. 7/1/99) (Rev. 7/1/08) (Rev. 1/1/21) (Rev. 1/1/25) (Rev. 7/1/25) RULE 13.2 - P
Reviewer note: Composed 2026-10-07 (California T4 San Benito build 2026-10-07) from BenchPath custody ca/t4/ca-san-benito/docs/local-rules/2026-local-rules-superior-court-san-benito-county-redline.pdf (986264 bytes, sha256 9c4e7a2ba809147dfc1da20cd5cfa028e583a5b7f1d08927045c29d2bcf8dbc3; 98 pages; the rule body is pages 7 to 84, composed once and cut at the chapter headings) with the shared verbatim composer (v2 reflow). The running header (Superior Court of California, County of San Benito) and the page numbers removed as chrome; the cover, the table of contents, Appendix A (the list of rules with their dates of adoption or latest revision), Appendix B (the list of local forms) and the index belong to no card; the file's name says redline, but the strike report found no struck text and the book prints no coloured insertions; lines reflowed into the court's paragraphs, each rule heading and history note on its own line; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. Documented layout fixes (whitespace only, read on the page; the proofs hold): Rule 13.9's wrapped heading joined; an item the reflow set on its own line joined to its sentence (“(iii) the nature of the proceedings”). Review note: Published as printed: Rule 13.12(e) and (k) carry an earlier edition's page footer inside their sentences (“Superior Court of California, County of San Benito Page 56” and “... Page 57”); Rule 13.10 sets an item “(i)” within subdivision (h) and has no subdivision (i).
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.