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Rules 5.00 to 5.20: attorneys in juvenile dependency proceedings compensated with public funds meeting the minimum standards of competence (5.00); a Certification of Competency submitted within ten (10) days of a first appearance in a dependency matter, the Court's review of counsel's conduct, and an out-of-county attorney's certification by the Juvenile Court of that county (5.01); at least eight (8) hours of training in juvenile dependency law or six (6) months of dependency experience before certification, eight hours of continuing training on the MCLE schedule, and decertification after twenty (20) days' notice (5.02); the minimum standards of representation - investigation, interviews of the client and of an out of home child's caretaker, vigorous and cooperative representation (5.03); statutory time lines kept, time waivers and continuances only on exceptional circumstances in dependency cases or good cause in justice cases (5.04); juvenile justice law and motion dates reserved with the courtroom clerk of the assigned department, parties meeting and conferring before pretrial hearings, contested matters taking more than ten minutes noticed for a contested calendar, motions filed in writing not less than two days before the hearing with a courtesy copy, and a fifteen (15) page limit (5.04.1); complaints about appointed counsel made orally or in writing and heard within ten (10) court days (5.05); notice that a dependent child may have an interest to protect in another forum, on form JV-180 or a declaration, and the Court's orders on it (5.06); attorneys certifying compliance with CRC 5.664 on form JV-700 before appointment in juvenile justice cases (5.07); the Court Appointed Special Advocate (CASA) program and its child advocates - their functions, oath, duties, appointment and termination in juvenile justice and dependency cases, CASA's report submitted and distributed at least ten (10) days before the hearing (5.08 and 5.09); the advocate's access to records, mandated reporting and communication (5.10); timely notice to the advocate of any motion (5.11); calendar priority for matters in which advocates appear (5.12); advocate visits until permanent placement (5.13); the advocate's appointment continued in family law proceedings (5.14); the advocate's right to appear (5.15); juvenile court records not obtained by subpoena, access under Welfare and Institutions Code sections 827 - 830.1 by a Declaration in Support of Access (JV001) or a petition on forms JV569 and JV570, public inspection under section 676(d), petitions to prohibit disclosure, and juvenile police records under section 827.9 (5.16); juvenile dependency and juvenile justice documents e-filed, courtesy copies to the assigned judicial officer by the method each specifies (5.17); e-mail notice of proposed dependency filings to juv_dependency@stanct.org by secure email, and the Dependency Partners email group (5.18); juvenile justice cases assigned for all purposes at the arraignment/detention hearing, later petitions on the same case number (5.19); and the Simple Motion form for routine dependency matters, hearings reserved with the Juvenile Court Clerk's Office except for motions to quash protective custody warrants, at most three simple motions a day, two business days' notice to all counsel and CASA, travel within California up to 10 days without a motion, motions to continue filed two court days before the hearing and other motions set at least five court days out unless time is shortened (5.20).
RULE 5 JUVENILE COURT 5.00 Juvenile Dependency: General Competency Requirement All attorneys appearing in juvenile dependency proceedings, and who are compensated with public funds, must meet the minimum standards of competence set forth in these rules. These rules are applicable to attorneys representing public agencies, attorneys employed by public agencies, and attorneys appointed by the Court
Reviewer note: Composed 2026-10-14 (California T4 Stanislaus build 2026-10-14) from BenchPath custody ca/t4/ca-stanislaus/docs/local-rules/local-rules_-effective-07012026.pdf (the court's rule book, its summary of changes “SUMMARY OF CHANGES Revisions effective July 1, 2026”, as fetched 2026-10-14; 1532730 bytes, sha256 832df238dade54e68b70b6d06f961d5c3238c3edf7aa613a08d9439b4bb2133b; 224 pages; this part PDF pages 82 to 98, printed pages 82 to 98) with the shared verbatim composer (v2 reflow): the rules (PDF pages 11 to 203) composed as one text and cut at the rule headings (“RULE 1 GENERAL” to “RULE 8 PROBATE, GUARDIANSHIP CONSERVATORSHIPS AND ADOPTION RULES”) and, in Rules 3, 4, 7 and 8, at a rule or section heading (“3.08 Trial”; “TRAFFIC CASES”; “7.08 Particular kinds of motions or requests for order”, “7.13 Ex Parte Orders:”, “7.26 Miscellaneous Family Law Rules”; “FAMILY ALLOWANCE”, “GUARDIANSHIPS”), each matched once as a whole line; every page's running header (“Stanislaus County Superior Court”, named) and printed page number (“11” to “203”) removed as chrome - 386 chrome lines; lines reflowed into the rules' paragraphs, each rule heading, section heading and lettered or numbered subdivision starting a line (a rule number opens a heading only before a capitalized title, so “5.151 of the California Rules ...” stays in its sentence); Rule 1.11's ruled chart of hearing types set a row a line, its cells left to right (the composer's table rows); the strike report (review/strike-report-2026-10-14.txt) finds no struck run; 17 whitespace-only fixes (build/book-fixes.json: 8 line breaks the reflow left before a rule or code reference or an inline list item, rejoined; 9 runs the reflow ran together - paragraphs and side headings of Rule 8 and two bold subheadings of Rule 4 - split); the vertical-gap, short-line, page-break, false-break, structural-break and row-join audits (review/book-gap-audit-2026-10-14.txt, review/book-short-lines-2026-10-14.txt and their runs after the fixes, review/book-extra-audits-2026-10-14.txt) list candidates read one by one (build/book_fixes.py) - the rest kept as printed; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover with the judges' list (PDF page 1), the summary of changes (2), the contents (3 to 9), the cities served (10), the list of rules and effective dates (204 to 209), the local forms lists (210 to 221) and the index (222 to 224) belong to no card.
Division XI: information forms for data processing (Rule 11.2); required action - action taken on all calendared cases and a future date always set (Rule 11.19); and pro tem judges - an attorney named as a plaintiff in a civil or small claims case may not sit as a judge pro-tem during the case or within six months following its resolution, nor one named as a defendant in two or more such cases (Rule 11.22). Rules 11.1, 11.3 to 11.5, 11.7 to 11.18, 11.20 and 11.21 are repealed, and Rule 11.6 (voluntary arbitration; see Local Rule 10.2) was repealed and renumbered.
California > Fifth Appellate District > Stanislaus County > Superior Court of California, County of Stanislaus
RULE 5 JUVENILE COURT 5.00 Juvenile Dependency: General Competency Requirement All attorneys appearing in juvenile dependency proceedings, and who are compensated with public funds, must meet the minimum standards of competence set forth in these rules. These rules are applicable to attorneys representing public agencies, attorneys employed by public agencies, and attorneys appointed by the Court to represent any party in a juvenile dependency proceeding. (7/1/17, 1/1/22, 7/1/24) 5.01 Juvenile Dependency: Screening for Competency A. Any attorney appearing in a dependency matter for the first time shall complete and submit a Certification of Competency to the Court within ten (10) days of their first appearance in a dependency matter. B. Attorneys who meet the minimum standards of training and/or experience, as set forth in Local Rule 5.02, as demonstrated by the information contained in the Certification of Competency submitted to the Court, shall be deemed competent to practice before the Juvenile Court in dependency cases except as provided in Local Rule 5.02. C. Upon submission of a Certification of Competency which demonstrates that the attorney has met the minimum standards for training and/or experience, the Court may determine, based on conduct or performance of counsel before the Court in a dependency case within the six-month period prior to the submission of the certification to the Court, that a particular attorney does not meet minimum competency standards. In such cases, the Court shall proceed as set forth in Local Rule 5.02 D hereinafter. D. In the case of an attorney who maintains their principal office outside of this county, proof of certification by the Juvenile Court of the California County in which the attorney maintains an office shall be sufficient evidence of the competence to appear in a juvenile proceeding in this county. (7/1/17, 1/1/22, 7/1/24) 5.02 Juvenile Dependency: Minimum Standards of Education and Training Each attorney appearing in a dependency matter before the Juvenile Court shall not seek Certification of Competency and shall not be certified by the Court as competent until the attorney has completed the following minimum training and educational requirements. (1/1/22) A. Prior to certification, the attorney shall have either: 1. Participated in at least eight (8) hours of training or education in juvenile dependency law, which training or education shall have included information on the applicable case law and statutes, the California Rules of Court, Judicial Council forms, motions, trial techniques and skills, writs and appeals, child development, child abuse and neglect, family reunification and preservation and reasonable efforts, or 2. At least six (6) months of experience in dependency proceedings in which the attorney has demonstrated competence in the attorney's representation of their clients in said proceedings. In determining whether the attorney has demonstrated competence, the Court shall consider whether the attorney's performance has substantially complied with the requirements of these rules. B. In order to retain their certification to practice before the Juvenile Court, each attorney who has been previously certified by the Court shall submit a new Certificate of Competency to the Court on the attorney's schedule for compliance with Minimum Continuing Legal Education Rules and Regulations as adopted by the State Bar Board of Governors on July 8, 1995, and as it may be later amended. The attorney shall declare under penalty of perjury on the renewal Certification of Competency that they have completed at least eight hours of continuing training or education directly related to dependency proceedings since the attorney was last certified. For the initial compliance period following the effective date of this rule the compliance requirements shall be as follows: Group 2, (names H-M) 2 hours by January 31, 1997; Group 3 (names N-Z) 4 hours by January 31, 1998; and, Group 1 (names A-G) 6 hours by January 31, 1999. The attorney shall maintain evidence of completion of the required training or education. Evidence of completion of 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 educational 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. Attendance at a Court sponsored or approved program will also fulfill this requirement. The Court or Court Administrator may audit the evidence of compliance of an attorney upon demand. C. The attorney's continuing training or education shall be in the areas set forth in Rule 5.02 A (1) or in other areas related to juvenile dependency practice including, but not limited to, special education, mental health, health care, immigration issues, the rules of evidence, adoption practice and parentage issues, the Uniform Child Custody Jurisdiction Act, the Parental Kidnapping Prevention Act, state and federal public assistance programs, the Indian Child Welfare Act, client interviewing and counseling techniques, case investigation and settlement negotiations, mediation, basic motion practice and the rules of civil procedure. When a certified attorney fails to submit evidence that they have completed at least the minimum required training and education to the Court by the due date, the court shall notify the attorney that they will be decertified. That attorney shall have twenty (20) days from the date of the mailing of the notice to submit evidence of their completion of the required training or education. If the attorney fails to submit the required evidence or fails to complete the required minimum hours of continuing training or education, the Court shall order that certified counsel be substituted for the attorney who fails to complete the required training. (7/1/17, 1/1/22, 7/1/24) 5.03 Juvenile Dependency: Standards of Representation All attorneys appearing in a dependency proceeding shall meet the following minimum standards of representation: A. The attorney shall thoroughly and completely investigate the accuracy of the allegations of the petition or other moving papers and the Court reports filed in support thereof. This shall include conducting a comprehensive interview with the client, contacting social workers and other professionals associated with the case to ascertain if the allegations and/or reports are supported by accurate facts and reliable information, and obtaining such other facts, evidence or information as may be necessary to effectively present the client's position to the Court. B. If the client is a minor child who is placed out of home, in addition to interviewing the child, absent exceptional circumstances, the attorney shall also interview with the child's caretaker. C. The attorney shall vigorously represent the client within applicable legal and ethical boundaries. This shall include the duty to work cooperatively with other counsel and the Court, to explore ways to resolve disputed matters without hearing if it is possible to do so in a way which is consistent with the client's interests, and to comply with local rules and procedures as well as the statutorily mandated time lines. This shall include the duty to work cooperatively with other counsel, CASA and the Court, to explore ways to resolve disputed matters without hearing if it is possible to do so in a way which is consistent with the client’s interests, and to comply with local rules and procedures as well as the statutorily mandated time lines. (7/1/17, 1/1/22, 7/1/24) 5.04 Juvenile Cases: Time Waivers and Continuances Attorneys for the parties are required to adhere to the statutory time lines for all hearings. Time waivers will be accepted and continuances granted only on a showing of exceptional circumstances in dependency cases or good cause in justice cases. (1/1/19, 1/1/22) 5.04.1 Juvenile Justice Detention Hearings, Pre-Trials and Contested Hearings Law and Motion dates must be reserved with the courtroom clerk of the assigned department prior to filing. Detention hearings and pre-trial conferences are designed for the setting of contested jurisdictional or other contested hearings, for the taking of admissions, or for resolution of quick contested issues. They are not designed for contested issues requiring notice and the opportunity to be heard. Accordingly, the following rules apply (1/1/20, 1/1/22): A. Pretrial Hearings 1. All parties are ordered to meet and confer before entering the courtroom regarding any contested matter. The parties are expected to narrow the issues as much as possible, so court time can be used efficiently resolving issues that cannot otherwise resolve. 2. Any contested matter that will take more than ten minutes to resolve shall be noticed and will be heard on a contested calendar within the statutory timelines. 3. If time is of the essence regarding a contested matter, and notice requirements were not met, the parties shall be prepared to explain good cause for absence of notice. B. Contested Hearings 1. Law and Motion and contested hearing dates must be reserved with the courtroom clerk of the assigned department prior to filing and must state an estimate of the time needed for the motion. 2. Once set, multi-day hearings shall only be vacated and continued subsequent to a noticed written motion unless good cause exists. Any request to continue must be made at the earliest practical opportunity. 3. All motions and responses thereto shall be filed in writing not less than two days prior to the hearing unless good cause is shown. Said motions and responses shall include the department, date and time of hearing, the theories relied upon for the granting or denying of the motion, points and authorities and any required declarations. At the time any pleading is filed, the party filing the pleading shall either 1) deliver a courtesy copy of the pleading to the courtroom where the case is assigned or 2) if the judge assigned to the case has indicated that email delivery is acceptable, email a copy to the judge. Orders presented for signature in court shall be presented with an original and two (2) copies. The signature line must always be at the end of the order and not followed by any attachment. It should never be on a page by itself. (1/1/22) 4. Unless otherwise allowed or required by statute or Rule of Court, all motions shall be made so that they can be timely served and heard prior to the date of (or immediately before) the transfer hearing or jurisdictional hearing. 5. Absence of a memorandum of points and authorities shall be deemed by the Court to be a concession that the motion lacks merit. No issues other than those set forth in the memorandum of points and authorities will be considered unless they were not reasonably discoverable before the motion was filed, or there is other good cause shown. 6. Failure to deliver or email a courtesy copy of pleadings to the courtroom in which the case is assigned shall not constitute grounds to deny a motion or disregard a responsive pleading, but it may serve as grounds to continue the hearing. 7. A memorandum of points and authorities shall not exceed fifteen (15) pages, excluding exhibits, declarations or attachments. Any party may submit a written request to exceed the fifteen (15) page limitation two (2) days before the motion is to be filed or response due. The written request must be submitted to the court scheduled to hear the motion and set forth good cause why the fifteen (15) page limit needs to be exceeded. (7/1/24) 5.05 Juvenile Cases: Procedures for Reviewing and Resolving Complaints About Appointed Counsel A. Any party to a Juvenile Court proceeding may complain about the performance of their appointed attorney in a Juvenile Court proceeding. The complaint may be made orally during a court proceeding, or in writing and filed with the Juvenile Court Clerk’s Office. In the case of a complaint concerning the performance of an attorney appointed to represent a minor, the Court Appointed Special Advocate (CASA), the social worker, a caretaker relative or foster parent may make the complaint on the child’s behalf. (1/1/22) B. The Juvenile Court shall conduct a hearing to review the complaint no later than ten (10) court days from the date it is received. The attorney will be given the opportunity to respond. (1/1/22) After reviewing the complaint, the response, and any additional information, the Court may find cause to relieve the attorney and appoint new counsel. This procedure is available in addition to any other remedy available under the law. (7/1/17, 1/1/22, 7/1/24) 5.06 Procedures for Informing the Court of the Interests Of a Dependent Child At any time during the pendency of a juvenile dependency proceeding, any interested person may notify the Court that the minor who is the subject of the proceeding may have an interest or right which needs to be protected or pursued in another judicial or administrative forum. If counsel for the minor becomes aware that the minor may have a right or interest which needs to be protected or pursued in another judicial or administrative forum, counsel for the minor shall notify the Court of such a right or interest as soon as is reasonably possible for counsel to do so. (1/1/22) B. Notice to the Court may be given by filing of Judicial Council form JV-180 or by the filing of a declaration. In either case, the person giving notice shall set forth the nature of the interest or right which needs to be protected or pursued, the name and address, if known, of the administrative agency or judicial forum in which the right or interest may be affected, and the nature of the proceeding being contemplated or conducted there. C. If the person filing the notice is the counsel for the minor, the motion shall state what action on the child's behalf the attorney believes is necessary, whether the attorney is willing or able to pursue the matter on the child's behalf, whether the association of counsel specializing in practice before that agency or Court may be necessary or appropriate, whether the appointment of a guardian ad litem may be necessary to initiate or pursue the proposed action, 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 whether further investigation may be necessary. D. If the person filing the notice is not the attorney for the child, a copy of the notice shall be served on the attorney for the child, or, if the child is unrepresented, the notice shall so state. E. The Court may set a hearing on the notice if the Court deems it necessary in order to determine the nature of the child's right or interest or whether said interest should be protected or pursued. F. If the Court determines that further action on behalf of the child is required, the Court shall do one or more of the following: 1. Authorize the minor's attorney to pursue the matter on the child's behalf; 2. Appoint an attorney for the child if the child is unrepresented; 3. Notice a joinder hearing pursuant to section 362 compelling the responsible agency to report to the Court with respect to whether it has carried out its statutory duties with respect to the child; G. Appoint a guardian ad litem for the child for the purposes of initiating or pursuing appropriate action in the other forum(s); Take any other action the Court may deem necessary or appropriate to protect the welfare, interests and rights of the child. (7/1/17, 1/1/22, 7/1/24) 5.07 Juvenile Justice Cases: Appointment, Conduct and Removal of Counsel Attorneys wishing to be appointed in juvenile justice cases shall certify their compliance with CRC 5.664 by filing a JV-700 form with the court prior to being appointed. (7/1/17, 1/1/22) 5.08 The Advocate Program (CASA) The Juvenile Court may appoint child advocates to represent the interests of children involved in either juvenile dependency or juvenile justice proceedings. In order to qualify for appointment, the child advocate must be trained by and function under the auspices of a Court Appointed Special Advocate (CASA) program, formed and operating under the guidelines established by the California Judicial Council (W & I 1356.5). The advocate program shall report regularly to the Presiding Judge of the Juvenile Court with evidence that it is operating under the guidelines established by the National Court Appointed Special Advocate Association and the California State Guidelines for child advocates. (7/1/03, 1/1/22) 5.09 Child Advocates A. Advocates' Functions Advocates serve at the pleasure of the Court having jurisdiction over the proceeding in which the advocate has been appointed. In general, an advocate's functions are as follows: 1. to support the child throughout the Court proceedings; 2. to establish a relationship with the child to better understand their particular needs and desires; 3. to communicate the child's needs and desires to the Court in written reports and recommendations; 4. to identify and explore potential resources that will facilitate early family reunification or alternative permanency planning; 5. to provide continuous attention to the child's situation to ensure that the Court's plans for the child are being implemented; 6. to the fullest extent possible, to communicate and coordinate efforts with the case manager (probation officer/social worker); 7. to the fullest extent possible, to communicate and coordinate efforts with the child's attorneys; and, 8. to perform a fact-finding function which serves the interests of the child in other judicial or administrative proceedings outside Juvenile Court; report to the Juvenile Court concerning same; and, with the approval of the Court, offer their services on behalf of the child to such other courts or tribunals. B. CASA Sworn Officer of the Court An advocate is an officer of the Court and is bound by these rules. Each advocate shall be sworn in by a Superior Court Judge/Referee/Commissioner before beginning their duties and shall subscribe to the written oath set forth in Exhibit A attached hereto. C. Specific Duties The Court shall, in its initial order of appointment, and thereafter subsequent order as appropriate, specifically delineate the advocate's duties in each case, which may include independent investigation of the circumstances of the case, interviewing and observing the child and other appropriate individuals, reviewing appropriate records and reports, consideration of visitation rights for the child's grandparents and other relatives, and reporting back directly to the Court as indicated. If no specific duties are outlined by Court order, the advocate shall discharge their obligation to the child and the Court in accordance with the general duties set forth in these rules. D. Procedures in Juvenile Justice Cases (W & I 602) 1. A request for appointment of a child 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. If the Court grants the request, it shall order that the case be referred to Court Appointed Special Advocates (CASA) for screening. The order shall be transmitted to CASA by the Courtroom Clerk. (1/1/22) 2. When CASA receives a referral, it shall screen it, and if it determines that the minor is a suitable subject for the appointment of a child advocate and if there is a suitable child advocate available for appointment, CASA shall complete an application for the appointment of a designated child advocate and present the application ex parte to the referring Court, which may then grant the application or set the matter for hearing. 3. When the Court grants the application for appointment of a child advocate (either at the time of application or after hearing), CASA shall prepare and present to the Court an order appointing the child advocate. 4. Any party to the proceeding may petition the Court for a hearing to reconsider the appointment. 5. A child advocate may petition the Court to set the minor's case for a review hearing. 6. The child advocate serves at the pleasure of the Court, and the appointment of the child advocate may be terminated by the Court. Any party or the Director of the Child Advocate Program may file a motion for termination of a child advocate. The Court will determine whether there will be a hearing on such a motion. 7. Any child advocate with a grievance concerning termination may petition the Court for a hearing. Such petition shall include facts indicating that the child advocate has exhausted all remedies available to him or her within the child advocate program. The Court will determine whether there shall be a hearing on such a petition. E. Procedures in Juvenile Dependency Cases (W & I §300) 1. A request for appointment of a child advocate in a dependency case may be made orally or in writing in open court or ex parte by the Social Worker, any party to the case, by the Court on its own motion, or by an interested person. Unless there is opposition, the referral shall be forwarded to the child advocate office for screening and assignment. 2. When CASA receives a referral, it shall screen it, and if it determines that the minor is a suitable subject for the appointment of a child advocate and if there is a suitable child advocate available for appointment, CASA shall complete an application for the appointment of a designated child advocate and present the application ex parte to the referring Court, which may then grant the application or set the matter for hearing. 3. When the Court grants the application for appointment of a child advocate (either at the time of application or after hearing), CASA shall prepare and present to the Court an order appointing the child advocate. 4. When an appropriate child advocate has been identified, that person's name shall be submitted to the Court for appointment. 5. Any party to the case may petition the court for a hearing to reconsider the appointment. 6. CASA will submit a finalized report to the Juvenile Court Clerk's Office at least ten (10) days prior to the hearing date. CASA will provide and distribute copies of the report to the social worker and the parties of record at least ten (10) days prior to the hearing. 7. The child advocate serves at the pleasure of the Court, and the appointment of the child advocate may be terminated by the Court. Any party or the Director of the Child Advocate Program may file a motion for termination of a child advocate. The Court will determine whether there will be a hearing on such a motion. 8. Any child advocate with a grievance concerning termination may petition the Court for a hearing. Such petition shall include facts indicating that the child advocate has exhausted all remedies available to him or her within the Child Advocate program. The Court will determine whether there shall be a hearing on such a petition. (1/1/05, 1/1/22, 7/1/24) 5.10 Release of Information to Advocate A. To Accomplish Appointment To accomplish the appointment of an advocate, the Judge/Referee/ 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. B. Access to Records An advocate shall have the same legal right to records relating to the child they are appointed to represent as any case manager (social worker 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 their identification as a Court-appointed advocate to any such record holder in support of their request for access to specific records. No consent from the parent or guardian is necessary for the advocate to have access to any records relating to the child. C. Report of Child Abuse An advocate is a mandated child abuse reporter with respect to the case to which they are appointed. D. Communication There shall 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. (7/1/03, 7/1/24) 5.11 Right to Timely Notice In any motion concerning the child for whom the advocate has been appointed, the moving party shall provide the advocate timely notice. (7/1/03) 5.12 Calendar Priority In light of the fact that 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. (7/1/03) 5.13 Visitation Throughout Juvenile Dependency An advocate shall visit the child regularly until the child is secure in a permanent placement. Thereafter, the advocate shall monitor the case as appropriate until dependency is dismissed. (7/1/03, 1/1/22) 5.14 Family Law Advocacy Should the Juvenile Court dismiss dependency and create family law orders pursuant to W & I Code section 362.4, the advocate's appointment may be continued in the family law proceeding, in which case the Juvenile Court order shall set forth the nature, extent and duration of the advocate's duties in the family law proceeding. (7/1/03) 5.15 Right to Appear An advocate shall have the right to be present and be heard at all Court hearings and shall not be subject to exclusion by virtue of the fact that they may be called to testify at some point in the proceedings. An advocate shall not be deemed to be a “party,” as described in Title 3 of Part II of the Code of Civil Procedure. However, the Court, in its discretion, shall have the authority to grant the advocate amicus curiae status, which includes the right to appear with counsel. (7/1/03, 7/1/24) 5.16 Access to Juvenile Court Records Juvenile court records may not be obtained or inspected by either civil or criminal subpoena. If a person/agency is not entitled to access under Welfare and Institutions Code sections 827 – 830.1, then they must obtain a court order from the Presiding Judge of the Juvenile Court, or another judicial officer designated by the Presiding Juvenile Judge. An intentional violation of Welfare and Institutions Code section 827 is punishable by a fine of up to $500. (7/1/17, 1/1/22) A. Definition of Juvenile Case File Pursuant to Rule 5.552, subdivision (a) of the California Rules of Court, “juvenile case file” includes: 1. all documents filed in a juvenile court case; 2. reports to the court by probation officers, social workers of child welfare services programs, and CASA volunteers; 3. documents made available to probation officers, social workers of child welfare services programs, and CASA volunteers in preparation of reports to the court; 4. documents relating to a child concerning whom a petition has been filed in juvenile court that are maintained in the office files of probation officers, social workers of child welfare services programs, and CASA volunteers; 5. transcripts, records, or reports relating to matters prepared or released by the court, probation department, or child welfare services program; and 6. documents, video or audio recordings, photographs and exhibits admitted into evidence at juvenile court hearings. (7/1/16) Records relating to juvenile contacts or investigations which are maintained by a law enforcement agency, probation department or Department of Children and Family Services are confidential even if juvenile court proceedings have not been instituted. B. Access and Copies of Juvenile Case File Pursuant to Welfare and Institutions Code Sections 827-830.1 and California Rules of Court, Rule 5.552, specified persons/agencies are entitled to access to juvenile records without a court order, excluding portions of the record which are otherwise confidential, and portions of the record which include the names and information of other children. To obtain access to or copies of these records, the person/agency entitled to access or copies must file a Declaration in Support of Access (JV001). This form is available and maintained in the Juvenile Court Clerk’s Office. This requirement does not apply to discovery provided by probation to the parties and their attorneys of record. For all other requests to obtain access to a juvenile case file, a petition for disclosure of confidential juvenile records must be filed with the Juvenile Court Clerk’s Office using mandatory Judicial Council formsJV569 – Proof of Service for Petitioner for Access to Juvenile Case File and JV570-Petition for Access to Juvenile Case File. Any copying fees must be paid before copies of documents from the juvenile case file will be released. (1/1/22) C. Access to Juvenile Justice Records Where Petition Sustained on Offense Listed in Welfare and Institutions Code section 676(a) 1. Pursuant to Welfare and Institutions Code section 676(d), when a petition has been sustained for an offense, the following information contained in the court file shall be available for public inspection: (a) the charging petition, (b) the minutes of the proceedings, and (c) the orders of adjudication and disposition of the court. (1/1/22) 2. The name of a minor found to have committed one of the serious violent offenses listed in Welfare and Institutions Code section 676(a) shall not be confidential, unless the court orders the name to be confidential based on good cause. D. Petitions to Prohibit Disclosure of Juvenile Justice Records Pursuant to Welfare and Institutions Code section 676(e) any party may petition the juvenile court to prohibit disclosure to the public of any file or record. The juvenile court shall prohibit disclosure of such record if it finds that the harm to the child, victims, witnesses, or public from the disclosure outweighs the benefit of public knowledge. (1/1/22) E. Release of Juvenile Police Records Requests for release of juvenile police records must comply with Welfare and Institutions Code section 827.9. (7/1/16, 7/1/17, 1/1/22) 5.17 Electronic Filing Program/Scope All juvenile dependency and juvenile justice case documents shall be electronically filed in accordance with California Code of Civil Procedure 1010.6, California Rules of Court rules 2.250 – 2.261 and Local Rule 1.14. In addition to following e-filing protocols, in juvenile cases, parties shall provide requested courtesy copies directly to the assigned judicial officer and not to the Juvenile Court Clerk’s Office. Each judicial officer shall specify their preferred method of delivery of courtesy copies – either via email or hard copy. (1/1/22, 7/1/24) 5.18 Email Notices Regarding Juvenile Dependency Case Filings The Court requires email notice of proposed filings of juvenile dependency petitions and related proceedings. The email notice must be sent via secure email to the Juvenile Court Clerk’s Office email group: juv_dependency@stanct.org. A. All documents must also be filed electronically through the Court’s e-filing portal. B. The “Dependency Partners” email group at Dependency_Partners@stanct.org will be maintained as a contact email address for attorneys, agencies, and other dependency stakeholders in Stanislaus County. Changes to the attorneys, agencies or other groups involved in the email group should be reported to the Juvenile Court Clerk’s Office so the group information is current. Emails sent to this email group must be secure. Emails related to court filings shall be classified as both “high priority” and “confidential”. (1/1/22) 5.19 Direct Calendaring of Juvenile Justice Cases A. The Juvenile Justice departments shall consist of judges as may be assigned by the Court's Presiding Judge. All felony and misdemeanor juvenile justice cases shall be directly assigned to the juvenile justice department judge for all purposes at the time of the arraignment/detention hearing on the petition. The judge so assigned will preside at the jurisdictional hearing of the matter and process the case in its totality following the arraignment/detention hearing. (1/1/19, 1/1/22) B. After a minor’s case has been assigned to a particular judge for all purposes, all subsequent petitions and other proceedings involving the same minor shall be assigned the same case number as the original case. In the event the minor is responsible in a case involving other minors, the rule set forth in section (b) above shall govern the assignment of the new case. C. In the event of unavailability, another juvenile justice judge or an assigned or temporary judge may handle cases directly assigned to the unavailable judge, but the case shall remain directly assigned to the unavailable judge who shall handle all matters related to the case upon their return. (1/1/22, 7/1/24) D. All juvenile justice files shall be stamped by the clerk with the following notice: “THIS CASE HAS BEEN ASSIGNED TO JUDGE ________________, DEPARTMENT ______ FOR ALL PURPOSES.” (1/1/22) 5.20 Juvenile Dependency: Simple Motions 1. All counsel shall be required to use the most current Simple Motion form, a copy of which is contained in the Appendix to the Local Rules. 2. The Simple Motion shall be used for, as the name implies, routine matters such as: Permission to Travel; Quashing of a Protective Custody Warrant; Change of Name to Reflect Name on a Certified Birth Record; Appointment of Counsel; or a Request to Vacate/Reset Hearing Date. (1/1/22) 3. All motion hearings, except for Motions to Quash Protective Custody Warrants, must be reserved in advance with the Juvenile Court Clerk’s Office —not the courtroom clerk. Given that Motions to Quash a Protective Custody Warrant will always be granted, there is no requirement to reserve a hearing date, and none will be reserved. (1/1/22) 4. The court will hear a maximum of three simple motions per day, and/or motions involving up to three families per day, in the court’s discretion. 5. In the case of all motions where a hearing date has been reserved, the party submitting the motion shall be responsible for notifying all counsel of the hearing date, a copy of the motion after submission to the court, and advisement as to whether the motion has been granted, denied, or the hearing date confirmed. 6. Prior to submission of all motions, save and except for Motions to Quash Protective Custody Warrants, counsel submitting the motion mush give all counsel (and CASA if there is a CASA) a minimum of two business days’ notice of the request, and set forth all responses received. The motion shall also contain the date, manner, and time notice was given to counsel. 7. In the case of a request for a youth to travel, a motion is not required provided all of the following shall occur: The time for travel time will not exceed 10 days in duration; the travel is within the State of California; and any missed visit(s) shall be made up. 8. Pursuant to statute, all motions to continue must be filed no later than two court days prior to the hearing on the motion. All other motions must be set a minimum of five courts days from the date of the hearing is reserved. In the event there is an exigent need to set a motion in less than five days from the date the hearing is reserved, a Request for Order Shortening Time, and an Order Shortening Time, must be submitted with the motion when it is presented to the Juvenile Court Clerk’s Office. (7/1/20, 1/1/22, 7/1/24) EXHIBIT A Oath Court Appointed Special Advocate I, __________________, do solemnly swear that I will perform the duties of a Court Appointed Special Advocate to the best of my ability and will serve the best interests of the child. As an officer of the Court, I will respect the rules of the Court and will, to the best of my ability, maintain fairness, impartiality and integrity. I will adhere to the rules of confidentiality and will respect the privacy of all parties. I will not take a case where I have prior knowledge of the child or family members, and I will be directly responsible for the supervision of the child at all times they are under my care. I will at all times honor the trust and confidence place in me as a Special Advocate by the Juvenile Court. DATED: _____________________________________ Subscribed and sworn to before me, this____ day of ______________. _________________________________ Presiding Judge of the Juvenile Court
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.