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Chapter 12 (Rules 12.00 to 12.13): the Juvenile Court and its presiding judge (Rules 12.00 and 12.01); detention facilities, transportation of minors and the Juvenile Admission Record (Rules 12.02 to 12.04); petitions filed at the Courthouse Annex and fax filings under rule 5.522 (Rule 12.05); referees and traffic hearing officers (Rules 12.06 and 12.07); release of information under Section 827 of the Welfare & Institutions Code (Rule 12.08); calendars, heard at the Juvenile Services Center unless the judicial officer provides otherwise (Rule 12.09); the guidelines for Court Appointed Special Advocate programs (Rule 12.10); social study reports under Rules 5.220 and 5.242 (Rule 12.12); and suppression motions under Welfare and Institution Code Section 701 (Rule 12.13).
California > Second Appellate District > San Luis Obispo County > Superior Court of California, County of San Luis Obispo
CHAPTER 12 – JUVENILE CALENDAR PROCEDURES RULE 12.00 DESIGNATION AND JURISDICTION The department of the court designated to conduct juvenile proceedings must be known and referred to as the "Juvenile Court" and must exercise the jurisdiction conferred by Division 2, Part 1, Chapter 2 of the Welfare and Institutions Code. (Amended 7/1/02) RULE 12.01 JUVENILE COURT The presiding judge of the juvenile court must, with the concurrence of the other judges, establish policies and procedures relating to all juvenile court matters. The presiding judge of the juvenile court may appoint an advisory committee to assist in exercising these duties. The juvenile court must follow the juvenile court rules adopted by the Judicial Council of California. Local practice and procedures not otherwise inconsistent with the Judicial Council rules are set forth below. The presiding judge of the juvenile court must establish schedules, policies and procedures relating to all juvenile court matters calculated to improve the administration of justice in the juvenile court and make the most efficient use of the time of the court, the referee, counsel, probation officers and law enforcement personnel. In so doing, all possible consideration must be given to the welfare of the minors and the convenience of concerned parents and witnesses. (Amended 7/1/02) RULE 12.02 FACILITIES FOR DETENTION OF MINORS Minors taken into temporary custody as persons described by Sections 300 or 601 of the Welfare and Institutions Code must be delivered to and detained at San Luis Obispo County Department of Social Services shelter care homes for Section 300 minors, and to a San Luis Obispo County Probation Department designated non-secure detention facility for Section 601 minors. (Amended 7/1/02) RULE 12.03 TRANSPORTATION OF MINORS TO SHELTER CARE HOMES, JUVENILE HALLS, NON-SECURE DETENTION FACILITIES Minors taken into custody for detention must be transported by the law enforcement agency which has taken the minor into custody; provided, however, that in instances of bona fide emergency or in instances where a Probation Officer has volunteered to accept responsibility for transportation of the minor, the law enforcement agency must be deemed relieved of said transportation responsibility. The law enforcement agency must still be responsible for providing the Juvenile Admission Record as set forth in Rule 12.04 below. Minors taken into custody for detention at the San Luis Obispo County Department of Social Services shelter care home for Sec. 300 minors must be transported by Child Protective Services workers except in instances where the minor is actively resisting removal and should be transported in a law enforcement vehicle, or under circumstances where law enforcement already has taken the minor to the place of removal and volunteers to transport. The Child Protective Services worker remains responsible for signing the minor in the shelter care home and providing information as to the time the minor was taken into protective custody, the circumstances of his or her removal, and the name of the social worker to contact concerning the minor thereafter. (Amended 1/1/08) RULE 12.04 INFORMATION TO BE PROVIDED BY LAW ENFORCEMENT OFFICERS AT TIME OF DELIVERY OF MINOR TO SHELTER CARE HOME, JUVENILE HALL, NON-SECURE DETENTION FACILITIES On each occasion that a minor is delivered to any of the above-named facilities, a Juvenile Admission Record form must either accompany the minor or be completed at the time of transfer of custody. The Juvenile Admission Record form must be filled out by a law enforcement officer having knowledge as to the facts subjecting the minor to juvenile court jurisdiction, the facts of the apprehension and temporary custody of the minor, and, if continued detention is recommended by the law enforcement agency, the basis of such recommendation. The Juvenile Admission record form is to be left with the Juvenile Hall Receiving Officer or the operator of either the shelter care home or non-secure facility as is appropriate. (Amended 1/1/08) RULE 12.05 FILING OF PETITIONS (a) All petitions except fax filings, must be filed at the court clerk's offices at the Courthouse Annex at any time during the normal business hours of such offices. (b) Notwithstanding any other rule to the contrary and in consonance with the provisions of CRC5.522, the juvenile court will permit fax filings on an experimental basis as limited below: (1) Agencies permitted to file agreed upon documents by fax are limited to the Department of Social Services, the Probation Department and the Office of the District Attorney. (2) Documents which may be filed by fax are limited to petitions filed under Welfare & Institutions Code sections 300, 602, 342, 387, 388, 777, and 778. (3) Designated petitions may be faxed to the juvenile court at any hour and will be deemed filed on the date and time of receipt and the clerk of the court is authorized to affix a file stamp with the date and time of receipt. (4) The presiding judge of the juvenile court is authorized to modify (1) and (2) above when circumstances of the fax filing experiment prove that additional persons, agencies and documents may be accommodated by the clerk's office without difficulty. (Amended 1/1/08) (c) Advance Notice of Request for Immediate Relief in Juvenile Dependency Writ Petitions Before filing a petition for extraordinary writ with a request for immediate relief in a juvenile dependency proceeding, the petitioner must use best efforts to provide notice by telephone, facsimile or e-mail to all counsel at the earliest possible time and, when practical, at least 24 hours before filing. In addition, before filing such a petition, the petitioner must deliver to all counsel, in person, by facsimile, or by e-mail, a copy of the petition. A declaration of notice and delivery, including the date, time, manner, name of the individual notified, any response of the individual notified, and whether any opposition will be filed, or a declaration stating the reasons why notice or delivery could not be accomplished, must accompany the petition. Noncompliance with this rule will not prevent the court from exercising its discretion in the best interest of the child. (Amended 7/1/15) RULE 12.06 REFEREES The judges of the Superior Court of California, County of San Luis Obispo may appoint from time to time one or more referees to serve at their pleasure on a full-time or part-time basis. Notwithstanding the provisions of Welfare and Institutions Code Section 553, it must be the policy of this court that all judges of this court will actively participate in the selection, appointment and proceedings terminating the appointment of juvenile court referees. A commissioner of the court may be appointed to also serve in the capacity of a Juvenile Referee. A referee must conduct hearings, make orders and be bound by such rules as are prescribed by the Juvenile Court Law and as set forth in such orders for such purpose as the presiding judge of the juvenile court may, from time to time, promulgate. The referee is designated as the proper person before whom an appearance must be made pursuant to a written promise to appear issued as to any person under the age of 18 years under the provisions of Sections 40500 and 40502 of the Vehicle Code. (Amended 7/1/02) RULE 12.07 TRAFFIC HEARING OFFICERS The judges of the Superior Court of California, County of San Luis Obispo may appoint from time to time one or more traffic hearing officers to serve at their pleasure on a full-time or part-time basis. A traffic hearing officer must hear and dispose of all cases in which he or she may act as prescribed by the Juvenile Court Law subject to the orders of the presiding judge of the juvenile court excepting those he or she deems should be transferred for hearing to the juvenile court judge or referee. (Amended 7/1/02) RULE 12.08 RELEASE OF INFORMATION Information concerning the identity of persons suspected, detained or charged as being within Sections 300, 601 or 602 of the Welfare and Institutions Code must be released only to the extent and subject to the qualifications provided in Section 827 of the Welfare & Institutions Code or by an order of presiding judge of the juvenile court or juvenile court referee. Upon application for the release of a minor's juvenile records by the parties to a family law action, the juvenile court may at its discretion direct on the minute order of the court that the family law judicial officer will conduct the ex parte review of the juvenile court records pursuant to either Welfare and Institutions code section 827 or Family Law code section 3152. (Amended 7/1/02) RULE 12.09 CALENDARS Juvenile court calendars must be set and called at such times as are prescribed by the presiding judge or the presiding judge of the juvenile court. Except as otherwise provided by the juvenile judicial officer, all calendar matters will be heard at the courtroom at the Juvenile Services Center. (Amended 1/1/09) RULE 12.10 GUIDELINES FOR COURT APPOINTED SPECIAL ADVOCATE PROGRAMS The Superior Court hereby adopts the guidelines for a the Court Appointed Special Advocate Program, as more particularly set forth under the caption, “Program Guidelines for Court Appointed Special Advocate Programs” established by section 100 of the Welfare and Institutions Code of the State of California, as a Rule of Court applicable to the Court Appointed Special Advocate Program for San Luis Obispo County. The guidelines are incorporated herein by reference. (a) Court Appointed Special Advocate Program. The Superior Court may appoint child advocates to represent and report to the court on the interests of dependent children. In order to qualify for appointment the special advocate must be trained by and function under the auspices of a Court Appointed Special Advocate Program, formed and operating under the guidelines of the National Court Appointed Special Advocate Association. (W&I 356.5) The advocate program shall report regularly to the Presiding Judge and Judges of the Juvenile Dependency and Juvenile Delinquency Courts with evidence that it is operating under the guidelines established by the National Court Appointed Special Advocates Association and the California State Guidelines for child advocates. (b) Special Advocates.Special advocates serve at the pleasure of the court having jurisdiction over the proceeding in which the advocate has been appointed. (1) Functions In general, an advocate’s functions are as follows: (a) To support the child throughout the court proceedings; (b) To establish a relationship with the child to better understand his or her particular needs and desires; (c) To communicate the child’s needs and desires to the court in written reports and recommendations; (d) To identify and explore potential resources which will facilitate early family reunification or alternative permanency planning; (e) To provide continuous attention to the child’s situation to ensure that the court’s plans for the child are being implemented; (f) To the fullest extent possible, to communicate and coordinate efforts with the case manager (social worker or probation officer); (g) To the fullest extent possible, to communicate and coordinate efforts with the child’s attorney; (h) To represent the interests of the child in other judicial or administrative proceedings; and (i) To be present in court for all hearings when the case is before the court. (2) Sworn Officer of the CourtA special advocate is an officer of the court and is bound by these rules. Each advocate shall be sworn in by a Judge or Court Commissioner before beginning his or her duties, and shall subscribe to a written oath. (3) Specific Duties In its initial order of appointment, and thereafter in subsequent orders as appropriate, the court may specifically delineate the advocate’s duties in each case, including 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 the court order, the advocate shall discharge his or her obligation to the child and the court in accordance with the functions set forth in Local Rule 12.10.B.1 herein. (c) Release of Information to Special Advocate (1) To Accomplish Appointment To accomplish the appointment of a special advocate, the Judge or Commissioner 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. (2) Access to Records A special advocate shall have the same legal right to records relating to the child he or she is appointed to represent as any case manager (social worker or probation officer) 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 his or her order and identification as a Court Appointed Special 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. (W & I 107) (3) Report of Child Abuse A special advocate is a mandated child abuse reporter with respect to the case to which he or she is appointed. (4) Communication There shall be ongoing, regular communication concerning the child’s best interests, current status, and significant case developments, maintained among the special advocate, case manager, child’s attorney, attorneys for parents, relatives, foster parent, and any therapist for the child. (5) 5. Right to Timely Notice The moving party shall provide the special advocate timely notice of any motions concerning a child for whom a special advocate has been appointed. (W & I 106) (6) Calendar Priority. In light of the fact that special advocates are rendering a volunteer service to children and the court, matters on which they appear should be granted priority on the court’s calendar, whenever possible. (7) Distribution of Casa Reports. (a) CASA reports shall be submitted to the court at least (3) three court days prior to the hearing. (b) CASA shall serve a copy of the report on the parties entitled to receive a copy of the report at least (2) two court days prior to the hearing. (Adopted 7/1/10) RULE 12.12 REPORTS Consistent with the practices prescribed in Rules 5.220 and 5.242 of the California Rules of Court, social study reports, whether prepared by the probation department or the department of social services, must be made available to the juvenile court and all parties, or counsel. If the social study report has an accompanying psychological evaluation, copies of the evaluations must accompany only those reports going to counsel and the court. Counsel for the parties will determine if release to counsel's client is appropriate or, in the alternative, whether a discussion summarizing the evaluation would be in the party's best interest. As in the case of petitions, social study reports may be filed at the Clerk of the Court's offices in San Luis Obispo at any time during the normal business hours of such office. The Clerk of the Court's office must mark all such reports with a date and time stamp immediately upon receipt. (Amended 1/1/08) RULE 12.13 MOTIONS The notice of motion designating a motion pursuant to Welfare and Institution Code Section 701 must specifically describe and list the evidence which is the subject of the motion to suppress; and must specifically state the theory or theories which must be relied upon and urged for the suppression of the evidence; and cite the specific authority or authorities which will be offered in support of the theory or theories upon which suppression of the evidence is urged when a search is based upon a warrant. (Amended 7/1/02)
CHAPTER 12 – JUVENILE CALENDAR PROCEDURES RULE 12.00 DESIGNATION AND JURISDICTION The department of the court designated to conduct juvenile proceedings must be known and referred to as the "Juvenile Court" and must exercise the jurisdiction conferred by Division 2, Part 1, Chapter 2 of the Welfare and Institutions Code. (Amended 7/1/02) RULE 12.01 JUVENILE COURT The presiding judge of the juvenil
Reviewer note: Composed 2026-10-08 (California T4 San Luis Obispo build 2026-10-08) from BenchPath custody ca/t4/ca-san-luis-obispo/docs/local-rules/local-rules-be-effective-july-1-2026.pdf (the court's rule book, “Rules of the Superior Court of California, County of San Luis Obispo, Effective July 1, 2026”, as fetched 2026-10-08; 1342001 bytes, sha256 529d32bded120bc75a274269fb81bc94001fed283619190951cbc84909e80ffe; 144 pages) with the shared verbatim composer (v2 reflow) over the rule body (PDF pages 11 to 130, printed 1 to 120): each page's running header (“San Luis Obispo Superior Court”) and printed page number removed as chrome; lines reflowed into the rules' paragraphs; the one struck word in the book (Rule 11.1902(c), read on the page image) set aside as chrome with the composer's strike_out, so the card reads the rule as amended; the body cut at the chapter headings (“CHAPTER N –”), which reassemble it; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover, the table of contents, Appendix I (the schedule of fees), Appendix II (the local forms lists) and the index belong to no chapter; Chapters 6, 8, 20, 21, 22, 23, 24 and 29 print only repealed rules and have no card; the book has no Chapter 17.
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.