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Chapter 16 (Juvenile Rules; rules 1610–1695): sanctions; the time for filing reports; the calendar call; continuances (Rule 1640); motions, with notice, response and reply (Rule 1650); orders shortening time; the pretrial settlement conference before a contested section 366.26 hearing; pretrial discovery in proceedings under section 600 et seq. (Rule 1680); the priority of protective orders; release of information relating to juveniles (Rule 1690); client complaints in dependency matters; the competency of attorneys representing parties in juvenile dependency proceedings (Rule 1692: certification, minimum standards, recertification, decertification and maximum caseload); the Court Appointed Special Advocate program (Rule 1693); juvenile restitution orders (Rule 1694); and signatures on documents filed in juvenile court (Rule 1695).
California > Fourth Appellate District > San Bernardino County > Superior Court of California, County of San Bernardino
CHAPTER 16 JUVENILE RULES RULE 1610 SANCTIONS Any attorney who fails to comply with the local rules of Court may be subject to sanctions, including monetary sanctions, and, at the discretion of the Judge of the Juvenile Court, may be reported to the State Bar and/or removed from the appointment list. (Former Rule 2510, eff. Jan. 1, 1997. Renumbered as Rule 1610, eff. July 1, 1998.) RULE 1620 TIME FOR FILING REPORTS IN JUVENILE PROCEEDINGS Unless otherwise ordered or specifically provided by law, all reports prepared by the San Bernardino County Children and Family Services Department for a hearing in a juvenile dependency matter shall be filed with the Court no later than 10 calendar days prior to the hearing. Unless otherwise ordered or specifically provided by law, all reports prepared by the San Bernardino County Probation Department for a hearing in a juvenile delinquency matter shall be filed with the Court no later than 48 hours prior to the hearing. (Former Rule 2520, eff. Jan. 1, 1997. Renumbered as Rule 1620, eff. July 1, 1998. Amended, eff. January 1, 2016.) RULE 1630 CALENDAR CALL All attorneys shall be present for calendar call unless expressly excused by the Court. Failure to appear at calendar call, or to be expressly excused, may subject the attorney to sanctions. (Former Rule 2530, eff. Jan. 1, 1997. Renumbered as Rule 1630, eff. July 1, 1998.) RULE 1640 CONTINUANCES Dates calendared for juvenile proceedings shall be regarded by counsel as definite Court appointments. Counsel appearing in other Courts on the same date for which a juvenile case is set shall advise the other Courts of the precedence of juvenile matters over other matters so that the juvenile matter may proceed as scheduled. (Eff. July 1, 1998) Rule 1640.1 Written motion for continuance A motion for continuance shall be in writing and shall be accompanied by a supporting affidavit or declaration. The moving party shall file and serve notice of the motion and all supporting documents upon each party at least 2 Court days prior to the hearing date. The supporting affidavit or declaration shall detail specific facts showing that good cause exists to grant a continuance. (See Welfare & Institutions Code, §§ 352, 682; Cal. Rules of Court, rule 5.550. Eff. July 1, 1998. Amended, eff. January 1, 2016.) Rule 1640.2 Oral motion for continuance An oral motion for a continuance shall be entertained where the moving party shows good cause for failing to file a properly noticed written motion. If good cause for failing to file a properly noticed written motion is not found, a continuance shall only be granted if the best interests of the minor would be furthered by the continuance. Upon granting the continuance, the Court may order the attorney requesting the continuance to pay the costs of the other parties, including attorney’s fees, witness fees, and costs. (Former Rule 2540, eff. Jan. 1, 1997. Renumbered as Rule 1640, eff. July 1, 1998.) RULE 1650 MOTIONS All motions shall be in writing and shall designate with specificity the issues to be litigated and decided by the Court. A motion shall be comprised of a notice of motion, a declaration in support of the motion, and a memorandum of points and authorities in support of the motion. The notice of motion and all supporting papers shall be served upon each party in the manner best calculated to provide sufficient time for each party to respond. The date for the motion to be heard shall be cleared with the Court clerk prior to filing and serving the motion. The Court clerk shall not accept a motion for filing if it is not accompanied by a proof of service. (Eff. July 1, 1998.) Rule 1650.1 Notice Where an order shortening time is not necessary under Rule 1660, the notice of motion and supporting papers shall be personally served and filed at least fifteen (15) calendar days before the time appointed for the hearing. However, if service is affected by facsimile transmission, express mail, or another method of delivery providing for overnight delivery, the required fifteen (15) day period for notice shall be increased by two (2) Court days. If service is affected by mail, the period for notice shall be increased by five (5) calendar days. (Eff. July 1, 1998. Amended, eff. January 1, 2016.) Rule 1650.2 Response All papers opposing a noticed motion shall be filed with the Court and personally served on each party at least five Court days prior to the hearing, with the period for notice increased, as described in Rule 1650.1, supra, if personal service is not employed. (Eff. July 1, 1998. Amended, eff. January 1, 2016.) Rule 1650.3 Reply Any reply papers in support of the motion shall be filed with the Court and served on each party at least two Court days prior to the hearing, with the period for notice increased, as described in Rule 1650.1, supra, if personal service is not employed. (Eff. July 1, 1998) Rule 1650.4 Motion under § 700.1 The notice of motion designating a motion pursuant to Welfare and Institutions Code section 700.1 shall: (a) describe with specificity the item, statement, or other evidence sought to be suppressed; (b) state with specificity the theory of law and factual basis underlying the theory which support the motion; (c) cite the specific legal authority which supports the motion; and (d) indicate whether sworn testimony is to be relied upon at the hearing. Failure to specify the evidence to be suppressed, theory of law, factual basis, or legal authority in support of such motion shall be considered a failure to raise a contested issue and shall preclude litigation of such issue unless and until properly placed in issue by compliance with this rule. (Eff. July 1, 1998) RULE 1660 ORDER SHORTENING TIME The Court may prescribe a shorter time for the service and filing of a notice of motion and supporting papers only if the party seeking to shorten the time files an Application for Ex Parte Order Shortening Time with the Court. A party filing an Application for Ex Parte Order Shortening Time must give at least four (4) hours’ notice of the nature of the application to each party, together with the proposed time and place of the hearing. Notice may be given by telephone. The Application shall be accompanied by an affidavit or declaration setting forth facts showing good cause for the order and any attempts made to notify each party of the ex parte hearing. The Application shall also be accompanied by a proposed order, as well as by the notice of motion and supporting papers. (Eff. July 1, 1998) Rule 1670.7 Pretrial Settlement Conference prior to contested § 366.26 hearing Return of the minor to parental custody is not an issue at a section 366.26 hearing. At a Pretrial Settlement Conference scheduled in anticipation of a contested section 366.26 hearing, counsel should confer only to discuss issues relevant to that hearing. (Eff. July 1, 1998) RULE 1680 PRETRIAL DISCOVERY IN PROCEEDINGS UNDER SECTION 600 ET SEQ Pretrial discovery shall be reciprocal and shall be conducted on an informal basis. Except as protected by privilege, all relevant material shall be disclosed in a timely fashion to all parties to the litigation. (Eff. July 1, 1998) Rule 1680.1 Disclosure of information under Penal Code section 1054 et seq. Upon the filing of a petition pursuant to Welfare and Institutions Code section 602, petitioner shall disclose to minor's counsel all information described in Penal Code section 1054 et seq. Likewise, no later than three Court days prior to the jurisdictional hearing, minor's counsel shall disclose to petitioner all information described in Penal Code section 1054 et seq. (Former Rule 2580, eff. Jan. 1, 1997. Renumbered as Rule 1680, eff. July 1, 1998.) RULE 1689 JUVENILE COURT PRIORITY OF PROTECTIVE ORDERS AND MODIFICATION The priority of restraining and protective orders regarding domestic, child custody or visitation or modification thereof must comply with Local Rule 1311. (Eff., July 1, 2003. Amended, eff. January 1, 2008.) RULE 1690 RELEASE OF INFORMATION RELATING TO JUVENILES All requests for release of information relating to juveniles shall describe with specificity the materials sought and shall describe with specificity the purpose for which such material is to be used. Failure to comply with this rule shall result in the request being denied. (See Welfare & Institutions Code, § 827, 828; Cal. Rules of Court, rules 5.552 and 5.553; Judicial Council form JV-570. Eff. July 1, 1998. Amended, eff. January 1, 2016.) Rule 1690.1 Objection to request for release of information Any objection to a request for release of information shall be filed with the Court and served on both the petitioning party and all persons specified in California Rules of Court, rules 5.552 and 5.553. The objection shall be filed and served no later than fifteen (15) calendar days after the date the Court clerk gives notice of the request. The objection shall set forth with specificity the grounds for opposing the request and the legal authority upon which the objection is made. (Juvenile Council Form JV-572. Eff. July 1, 1998. Amended, eff. January 1, 2016.) Rule 1690.2 Review by Court Within five (5) Court days after the time for filing objections has elapsed, the Court shall review the request and any objections and shall summarily deny the request, summarily grant the request, or set a hearing on the request. (Former Rule 2590, eff. Jan. 1, 1997. Renumbered as Rule 1690, eff. July 1, 1998.) RULE 1691 CLIENT COMPLAINTS IN DEPENDENCY MATTERS Complaints by a party regarding the representation she or he receives in a dependency matter shall initially be referred to the agency, law firm, or attorney appointed to represent the party. If the issue remains unresolved, the party may submit the complaint to the Court in writing. The Court shall then review the complaint and take appropriate action where required. (Former Rule 2591, eff. Jan. 1, 1997. Renumbered as Rule 1691, eff. July 1, 1998.) RULE 1692 COMPETENCY OF ATTORNEYS REPRESENTING PARTIES IN JUVENILE DEPENDENCY AND DELINQUENCY MATTERS Absent a knowing and intelligent waiver by the party represented, all attorneys who represent parties in juvenile dependency proceedings must meet the minimum standards of training and/or experience set forth in these rules. No attorney will be appointed by the Court to represent a party in a dependency proceeding who has not submitted to the Court, and the Court has approved, a Certification of Competency. Further, no privately retained counsel will be allowed to appear on behalf of a party in a juvenile dependency proceeding unless they have submitted to the Court, and the Court has approved, a Certification of Competency or a knowing and intelligent waiver by the party of such certification. Attorneys who meet the minimum standards of competency as demonstrated by the information contained in the Certification of Competency shall be deemed competent to represent parties in juvenile matters; provided, however, that the Juvenile Court has not determined the attorney is not competent based on the performance of the attorney in a juvenile case within the six-month period prior to the attorney's submission of the certification. The Court may at any time review an attorney’s competency to represent parties in juvenile matters or otherwise inquire about the attorney’s competency to represent parties in juvenile matters. In the event the Juvenile Court determines an attorney is not competent, the Court shall give notice of its decision to the attorney and provide the attorney an opportunity for hearing on that issue. (Cal. Rules of Court, rule 5.660. Eff. July 1, 1998. Amended, eff. January 1, 2016 and July 1, 2016. As amended, eff. January 1, 2018.) Rule 1692.1 Time for submitting initial Certification of Competency with the Court If an attorney has a matter pending before the Juvenile Court on the effective date of this rule, the attorney shall complete and submit to the Court an initial Certification of Competency. Any attorney appearing in a juvenile matter for the first time after the effective date of this rule shall complete and submit an initial Certification of Competency to the Court within ten (10) days after his or her first appearance in a juvenile matter. (Eff. July 1, 1998. Amended, eff. January 1, 2016.) Rule 1692.2 Attorneys not meeting the minimum standards on the effective date of this rule Any attorney who appears before the Court in a juvenile case pending on the effective date of this rule and who does not meet the minimum standards of competency shall notify the Court. The attorney shall complete and submit a Certification of Competency demonstrating that the attorney meets the minimum standards within ten (10) days after his or her first appearance in a juvenile matter. The Court shall order that certified counsel be substituted for any attorney who fails to comply with this rule. (Eff. July 1, 1998. Amended, eff. January 1, 2016.) Rule 1692.3 Attorneys certified in other counties If an attorney maintains his or her 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 the attorney's competency to represent parties in this County. (Eff. July 1, 1998.) Rule 1692.4 Minimum standards of competency Any attorney representing parties in juvenile matters shall not seek certification of competency and shall not be certified by the Court as competent until the attorney has met minimum standards of competency. An attorney meets the minimum standards of competency to represent a party in a juvenile case where he/she has either: (a) Represented parties for at least six months in juvenile matters; or (b) Participated in at least eight hours of training or education in juvenile law. The training or education must have addressed Juvenile case law and statutes, the Rules of Court, Judicial Council forms, motions, trial techniques and skills, and writs and appeals. If the attorney seeks certification to represent parties in juvenile dependency matters, the training or education must also have addressed child development, child abuse and neglect, family reunification and preservation, and reasonable efforts. An attorney who represents a party in a juvenile delinquency case pending on the effective date of this rule must also meet any minimum qualifications as required by the California Rules of Court governing qualifications of an attorney in a juvenile delinquency case. (Eff. July 1, 1998. As amended, eff. July 1, 2016.) Rule 1692.5 Recertification every three years In order to retain his or her certification, each attorney who has been certified previously by the Court shall submit a renewal Certificate of Competency to the Court on or before January 31st of the third year after the year in which the attorney was first certified and then every third year thereafter. The attorney shall attach to the renewal Certificate of Competency evidence that the attorney has completed at least eight (8) hours of continuing training or education directly related to juvenile proceedings since the attorney was last certified and evidence of completion of any training required for recertification by the California Rules of Court. Evidence the required number of hours of training or education may include a copy of a certificate of attendance issued by a California MCLE provider; a certificate of attendance issued by a professional organization which provides training and/or education for its members, whether or not it is a MCLE provider; a copy of the training or education program schedule together with evidence of attendance at such program; or such other documentation as may reasonably be considered to demonstrate the attorney's attendance at such program. (Eff. July 1, 1998. As amended, eff. July 1, 2016.) Rule 1692.6 Training and/or education required for recertification For attorneys seeking recertification to represent parties in juvenile dependency cases, the training or education required by Rule 1692.5 must be in areas specified in Rule 1692.4 or in other areas related to juvenile dependency practice, such as special education, mental health, health care, immigration, the rules of evidence, adoption and parentage, 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, the rules of civil procedure. For attorneys seeking recertification to represent parties in juvenile delinquency cases, the training or education required by Rule 1692.5 must be in areas specified in Rule 1692.4 or in other areas related to juvenile delinquency practice, such as criminal law, client interviewing and counseling techniques, case investigation and settlement negotiations, basic motion practice, or the rules of evidence. (Eff. July 1, 1998.) Rule 1692.7 Decertification In the event a certified attorney fails to submit a renewal Certification of Competency to the Court in the time or manner required by Rule 1692.5, the Court shall notify the attorney that she or he shall be decertified. The attorney shall have 20 days from the date of the mailing of the notice to submit a renewal Certification of Competency in compliance with these rules and the California Rules of Court. If the attorney fails to submit the certification or if the attorney submits a non-complying certification, the Court shall order that certified counsel be substituted for that attorney. (Eff. July 1, 1998. As amended, eff. July 1, 2016.) Rule 1692.8 Maximum Caseload The attorney for a child must limit his/her caseload to the number of cases that allows him/her to competently perform the duties required by Welfare & Institutions Code section 317(e) and otherwise provide adequate representation for the child. (Eff. July 1, 2002. Amended eff. January 1, 2016.) RULE 1693 CHILD ADVOCACY PROGRAM: COURT APPOINTED SPECIAL ADVOCATE The Court Appointed Special Advocates (C.A.S.A.) is the sole local agency, which has been approved and designated by the Presiding Judge of the San Bernardino County Superior and Juvenile Courts to serve as the Court Appointed Special Advocate (C.A.S.A) program. The C.A.S.A. agency contracts with the San Bernardino County Superior Court to recruit, screen, select, train, supervise and support lay volunteers to be appointed by the Court to help define the best interests of children in juvenile Court dependency and delinquency proceedings, including actions to terminate parental rights and adoption. The program offers the opportunity to enhance the decision-making process in juvenile Court through the development of significant and appropriate community volunteer advocacy relationships with children. (See Welfare & Institution Code, §§ 100, 356.5, 358; Cal. Rules of Court, rule 5.655. Eff. July 1, 1998. Amended, eff. January 1, 2007 and January 1, 2016.) Rule 1693.1. Duties of C.A.S.A. volunteers C.A.S.A. volunteers serve as officers of the Court and are subject to all Court rules. Their duties and responsibilities are outlined in the policies and procedures approved by the C.A.S.A. Board of Directors and by the Superior Court contract agreement. The volunteers are under the direct guidance and supervision of the C.A.S.A. agency staff and are required to comply with the approved policies and procedures. (See Welfare & Institution Code, §§ 100-109; Cal. Rules of Court, rule 5.655. Eff. July 1, 1998. Amended, eff. January 1, 2007, and January 1, 2016.) Rule 1693.2 Appeals/grievance procedure for C.A.S.A. volunteers All C.A.S.A. volunteers are appointed by and serve at the pleasure of the Court. The appointment is a privilege and not a right. The Presiding Juvenile Court Judge or his/her designee has the sole authority and power to appoint and/or remove a C.A.S.A. volunteer to or from a case. There is no appeals process. Once a volunteer has been removed from a case, the volunteer shall not continue contact with any of the parties in the case. C.A.S.A. volunteers who are removed/terminated from the program shall not be reappointed on any case. The C.A.S.A Board of Directors shall establish an internal appeals/grievance process within the agency’s policies and procedures. (Eff. July 1, 1998. Amended, eff. January 1, 2007 and January 1, 2016.) Rule 1693.3 Referral of case to C.A.S.A. program; appointment of C.A.S.A. volunteer A child’s juvenile Court case may be referred to the C.A.S.A. program for evaluation and consideration for acceptance into the program. Upon acceptance of the case by the agency and acceptance by an available C.A.S.A. volunteer, an application for appointment, along with a signed C.A.S.A. consent to serve, shall be submitted to the Court by the C.A.S.A. Executive Director. The application shall request appointment of the identified C.A.S.A. volunteer. Appointment may occur anytime at or after detention and shall follow the state approved guidelines for early assignment. Criteria for referral and appointment include, but are not limited to, the following: (a) the child is traumatized and has little or no support network of friends and extended family; (b) the child and the family have multiple or complex service needs and coordination of services is required; (c) the child has suffered severe physical, sexual or emotional abuse; (d) the child has special educational, developmental, medical, mental health or other needs, particularly if there are conflicting opinions as to the assessment of or treatment for the child; (e) the child’s case involves numerous issues and interested parties; (f) the child has experienced multiple placements; (g) the child’s parents have had multiple interventions and have consistently failed to show progress toward or interest in fulfilling treatment plans and goals for family reunification; (h) the child’s family might be assisted by a C.A.S.A. in the preservation of the family unit or the C.A.S.A. might expedite family reunification or adoption; (i) a delinquent child falls within the program guidelines and the child’s history and family dynamics do not represent a danger to the volunteer or the community; (j) the Presiding Juvenile Court Judge or a designee determines referral and appointment is advisable. (Eff. July 1, 1998. Amended, eff. January 1, 2007, and January 1, 2016.) Rule 1693.5 Confidentiality of CASA records All CASA records, including personnel, volunteer and juvenile Court case records, are confidential. Without prior Court order or except as otherwise provided by law, only the CASA Executive Director, the Presiding Juvenile Court Judge, and her/his designee shall have access to the confidential records. The records shall not be copied or released to anyone who does not have a legal right to access these records. Any person without a legal right to access these records may seek access through a petition requesting their release. The petition shall be submitted to the Presiding Juvenile Court Judge. (See Welfare & Institution Code, § 827; Cal. Rules of Court, rule 1423; Judicial Council form JV- 570; Rules 1690, 1690.1, 1690.2, supra.) No one in the agency shall copy or remove any records without the prior approval and authority of the Executive Director. The Executive Director is the keeper of the CASA records under the authority of the Board of Directors and the Presiding Juvenile Court Judge. All CASA records shall be kept for a minimum of five years and then appropriately destroyed. (See Welfare & Institution Code, § 826.) (Eff. July 1, 1998. Amended, eff. January 1, 2007. As amended, eff. July 1, 2016.) Rule 1693.6 Submission of CASA Reports to the Court All CASA reports must be submitted to the court, at least, two (2) days prior to the hearing for which the report was prepared. CASA shall distribute a copy of the report to each person and/or entity entitled to receive the report, at least, two (2) court days before the hearing for which the report was prepared. (Eff. January 1, 2019.) Rule 1694 JUVENILE RESTITUTION ORDERS (a) Preparation and transmittal of juvenile restitution orders to superior court) When the Juvenile Court orders a minor and/or a minor’s parents to make restitution to a victim, the court may direct the probation department, the victim, or the clerk to prepare an order on Judicial Council form JV-790 (Order for Restitution and Abstract of Judgment), to be signed by the judge. After signature, the order shall be filed in the Juvenile Court file, and then, within ten calendar days, transmitted by the Juvenile Court clerk to nearest superior court of this county, with an order sealing the new superior court file. (b) (Procedures for filing by superior court) Upon receipt of the juvenile restitution order, the superior court clerk shall, immediately and without charge, file the juvenile court restitution order in a new superior court file, assign a new case number, and seal the file. (c) (Endorsed filed copy-clerk's certificate of mailing) Within 15 court days after receiving the order, the clerk of the superior court shall send by first-class mail an endorsed filed copy of the restitution order showing the new case number to (i) the persons whose names and addresses are listed on the order, and (ii) the originating juvenile court, with a completed clerk's certificate of mailing, for inclusion in the child's file. (d) (Enforcement of restitution orders) Pursuant to provisions of the Welfare and Institute Code, any juvenile restitution order filed in the superior court has the same force and effect as a civil money judgment, may be enforced in the same manner, and remains in effect after jurisdiction of the minor terminated, whether or not the juvenile court case is sealed. After a new file is opened in the superior court pursuant to this section, the court may its usual fees for enforcement proceedings. (e) (Effect of sealing superior court file) Any superior court file opened pursuant to this rule may only be accessed by the persons listed and procedures described in Welf. & Inst. Code section 827 and CRC Rule 1423. (Eff. January 1, 2007.) RULE 1695 SIGNATURES ON DOCUMENTS FILED IN JUVENILE COURT Rule 1695.1 Photocopied Signatures Except as provided in Rule 1695.4, San Bernardino County Probation Department, San Bernardino County Children and Family Services, Inland Regional Center, the Child Advocacy Program Court Appointed Special Advocate (CASA), the attorney of record for a party to a Juvenile Court case, and the minor or non-minor who is the subject of the proceedings in a juvenile court case may file documents containing photocopied signatures. Parties that are not identified in the preceding paragraph may only file the following documents containing photocopied signatures: (a) Request to Change Court Order (form JV-180) (b) Relative Information (form JV-285) (c) Caregiver Information Form (form JV-290) (d) Local Educational Agency Response to JV-535—Appointment of Surrogate Parent (form JV- 536) (e) Petition for Access to Juvenile Case File (form JV-570), Notice of Petition for Access to Juvenile Case File (form JV-571), and Objection to Release of Juvenile Case File (form JV- 572) and Proof of Service—Petition for Access to Juvenile Case File (form JV-569) All other documents filed in the Juvenile Court must contain an original signature. Notwithstanding any provision of law to the contrary, a document filed under this rule is deemed to be an original. (Eff. January 1, 2022.) Rule 1695.2 Possession of Original Document A party who files a document containing a photocopied signature under this rule represents that the original signed document is in the party's possession or control. At any time after filing or service of a document containing a photocopied signature, any other party may serve a demand for production of the original physically signed document. The demand must be served on all other parties but not filed with the court. If a demand for production of the original signed document is made, the parties must arrange a meeting at which the original signed document can be examined. (Eff. January 1, 2022.) Rule 1695.3 Electronic Signatures Except as provided in Rule 1695.4, San Bernardino County Probation Department, San Bernardino County Children and Family Services, Inland Regional Center, the Child Advocacy Program Court Appointed Special Advocate (CASA), and the attorney of record for a party to a Juvenile Court case, may file documents containing electronic signatures in accordance with California Rules of Court, Rule 2.257. At any time after filing or service of a document containing an electronic signature, any other party may serve a demand for production of authenticity of an electronically signed document. The demand must be served on all other parties but not filed with the court. If a demand for production of authenticity of an electronically signed document is made, within five days of service of the demand the party on whom the demand is made must provide proof of authenticity to the requesting party. Notwithstanding any provision of law to the contrary, a document filed under this rule is deemed to be an original. (Eff. January 1, 2022.) Rule 1695.4 Exclusions This rule does not apply to the following documents: (a) Request for Restraining Order - Juvenile (form JV-245), Answer to Request for Restraining Order - Juvenile (form JV-247), Notice of Hearing and Temporary Restraining Order - Juvenile (form JV- 250), Request and Order to Continue Hearing (form JV-251), Proof of Firearms Turned In, Sold, or Stored (form JV-252), Restraining Order – Juvenile, Order After Hearing (form JV-255), Change to Restraining Order After Hearing (form JV-257), and proof of service for any restraining order document (b) Letters of Guardianship (Juvenile) (form JV-330) (c) Warrants of apprehension (d) Warrants of protective custody, except that any warrant submitted through the court’s electronic warrant process may be signed electronically (e) Documents pertaining to the sealing of juvenile court records (f) Any juvenile court adoption proceedings (Eff. January 1, 2022.)
CHAPTER 16 JUVENILE RULES RULE 1610 SANCTIONS Any attorney who fails to comply with the local rules of Court may be subject to sanctions, including monetary sanctions, and, at the discretion of the Judge of the Juvenile Court, may be reported to the State Bar and/or removed from the appointment list. (Former Rule 2510, eff. Jan. 1, 1997. Renumbered as Rule 1610, eff. July 1, 1998.) RULE 1620 TIME
Reviewer note: Composed 2026-10-07 (California T4 San Bernardino build 2026-10-07) from BenchPath custody ca/t4/ca-san-bernardino/docs/local-rules/rulesofcourt.pdf (1185461 bytes, sha256 d6522f541ac18b5d604318763e09eff2cb8c22c4442a284858e16d3a7bf12d97; 130 pages; this chapter is pages 71 to 80) with the shared verbatim composer (v2 reflow). The book is a redline (“All new content has been underlined. Content to be deleted is stricken through”): the struck-through text is not in force and was taken out as chrome, the underlined text kept; the running header (Superior Court of California, County of San Bernardino), the page numbers and Word's hidden bookmark labels removed as chrome; the front matter, subject index and local forms lists belong to no chapter card; lines reflowed into the court's paragraphs, each rule heading 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): the one-line paragraph of Rule 1695.1 set apart from the paragraph after it.
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.