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Rules 1022 to 1058: the LPS individualized treatment plan filed within 10 days of the establishment of the conservatorship, a review hearing within 20 days, the plan's goals and review approved and subscribed under penalty of perjury by a qualified professional person, a written report filed at least two weeks before each review hearing, and the conservatee present unless the presence is waived (1022); orders at variance with the rules on good cause (1025); definitions - hearing officer, facility (Kaweah Delta Mental Health Hospital the only licensed facility), patients' rights advocate, public facility and professional person (1026); the public defender for indigent patients and private counsel otherwise, the court deciding compensable services and reimbursable costs (1027 and 1028); the public defender or alternate defense counsel representing patients, the District Attorney's Office prosecuting the writs of habeas corpus, and the facility's counsel representing the physician in Riese hearings and appeals (1029); hearing officers who are attorneys (1030); LPS conservatorships heard in the Visalia Division on Tuesdays from 8:30 a.m.-10:00 a.m., writs and Riese writs and appeals within two court days, certification review and original Riese hearings at the treating facility, and section 6500 and In Re Hop proceedings on Thursdays from 8:30a.m. -10:00 a.m. (1031); LPS jury trials set by the assigned judge (1032); mental health petitions set by the legal filings clerk on the customary hearing date (1033); certification review hearings on Tuesdays and Fridays and original Riese hearings on Mondays, Wednesdays, and Fridays at 4:00 p.m. at Kaweah Delta Mental Health Hospital, and writs and Riese writs and appeals heard at 8:30 a.m. within two court days - petitions filed on Mondays heard on Wednesdays, on Tuesdays on Thursdays, on Wednesdays and Thursdays on Fridays, on Fridays on Mondays - filed with the mental health clerk, a Riese appeal with a proposed order, and heard first (1034); writs on optional Judicial Council Form HC-002 (1035 and 1041); writ and Riese hearings scheduled on filing, the mental health clerk notifying the facility and counsel, and witnesses by court call on the consent of all parties (1036); the county's burden by a preponderance on a writ (1037); certification review hearings for 14-day and 30-day holds within four days of certification, postponable 48 hours, at the facility, informal, with counsel or an advocate, notice to family members and a written decision (1038 to 1040); Riese hearings on a treating physician's petition delivered or faxed to the mental health clerk and set within two court days whenever possible, interpreters arranged by the facility, counsel meeting the patient in advance, the physician's burden by clear and convincing evidence, the patient's right to be present, a determination at the hearing, and confidential records (1042 to 1057); and Riese appeals heard within two days - petitions filed on Mondays and Tuesdays heard on Wednesdays, on Wednesdays and Thursdays on Fridays, on Fridays on Mondays (1058)
PART THREE. Lanterman-Petris-Short Act (LPS) Conservatorships (Welf. & Inst. Code, § 5150 et seq.) Rule 1022 - Individualized Treatment Plan (a) A copy of the individualized treatment plan required by Welfare and Institutions Code section 5352.6 must be filed with the court within 10 days of the establishment of the conservatorship. At the time of the establishment of the conservatorship, the cour
Reviewer note: Composed 2026-10-14 (California T4 Tulare build 2026-10-14) from BenchPath custody ca/t4/ca-tulare/docs/local-rules/remediated-local-rules-effective-70126.pdf (the court's rule book, its first page “(Revised 07/01/2026) TULARE COUNTY SUPERIOR COURT LOCAL RULES”, as fetched 2026-10-14; 1062132 bytes, sha256 be58dbaab3a00c40a0d8449761c1841880e50c19a0a04177d0200d6d3115984d; 138 pages; this part PDF pages 76 to 84, printed pages 76 to 84) with the shared verbatim composer (v2 reflow): the rules (PDF pages 25 to 104) composed as one text and cut at the chapter headings (“CHAPTER 1 - GENERAL ADMINISTRATION OF THE COURT” to “CHAPTER 12 - PROCEEDINGS FOR COMMITMENT OF PERSONS WITH DEVELOPMENTAL DISABILITIES ...”, Chapters 1 to 3, 4 and 5, and 6 and 7 joined) and, in Chapters 9, 10 and 11, at a rule or part heading (“Rule 920 - Custody Evaluations”; “PART THREE. Lanterman-Petris-Short Act (LPS) Conservatorships”, “PART FOUR. Compensation of Fiduciaries and Attorneys”; “Rule 1114 - Inspection and Disclosure of Juvenile Court Records (Omitted 07/01/26)”), each matched once as a whole line; every page's footer (“(Revised 07/01/2026)”, named, and its printed page number, “25” to “104”) removed as chrome - 160 chrome lines; lines reflowed into the rules' paragraphs, each chapter heading, rule heading and lettered or numbered subdivision starting a line; the strike report (review/strike-report-2026-10-14.txt) finds one struck run in the book, a single space on PDF page 131 (the standing orders), no character; 1 whitespace-only fix (build/book-fixes.json: Rule 1059(h)(1)'s inline list of the factors for fiduciary fees, broken at the foot of PDF page 86, rejoined); 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, 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 (PDF page 1), the contents (2 to 8), the list of local forms (9 to 15), the table of rule modifications (16 to 24), the appendices that are forms (105 to 115, Appendix 8 apart) and the subject matter index (133 to 138) belong to no card. Review note: Rule 1034(c) hears writs and Riese medication capacity writs/appeals within two court days - “Petitions filed on Tuesdays will be heard on Thursdays at 8:30 a.m.”; Rule 1058 hears Riese appeals “filed on Mondays and Tuesdays” on Wednesdays - the review task asks which day a Riese appeal filed on a Tuesday is heard.
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 > Tulare County > Superior Court of California, County of Tulare
PART THREE. Lanterman-Petris-Short Act (LPS) Conservatorships (Welf. & Inst. Code, § 5150 et seq.) Rule 1022 - Individualized Treatment Plan (a) A copy of the individualized treatment plan required by Welfare and Institutions Code section 5352.6 must be filed with the court within 10 days of the establishment of the conservatorship. At the time of the establishment of the conservatorship, the court will set a review hearing within 20 days thereafter to review the amendments to the proposed treatment and service plan. Any party who objects to the plan as filed, may, after attempting to resolve the matter informally, calendar the case for a hearing on the individualized treatment plan. (b) The individualized treatment plan must fully comply with Welfare and Institutions Code section 5352.6, and particularly in the following respects: (a) the person responsible for developing the treatment plan must encourage the participation of the conservatee and the conservatee’s family members, when appropriate, in the development, implementation, revision, and review of the treatment plan; (b) the plan must specify goals for the individual’s treatment, the criteria by which accomplishment of the goals can be judged, and a plan for review of the progress of the treatment; and (c) the goals of the treatment plan must be the equivalent of goals to reduce or eliminate the behavioral manifestations of grave disability. All of the foregoing must be evidenced on the face of, or by attachment to, the plan. In connection with the plan for review of the progress of the treatment, an individualized treatment plan must specify (a) the planned frequency of review of the conservatee’s progress under the plan, including review of the use of prescribed medication and its effects on the conservatee, and by what professional persons such review must be undertaken; and the planned frequency of physical contact with and observation of the conservatee in placement by the conservator. Each individualized treatment plan must be approved by a professional person who has knowledge, training, professional qualifications and skill necessary to make the determinations mandated by Welfare and Institutions Code section 5352.6. The professional qualifications must be evidenced by a specific recitation thereof attached to the plan. Each individualized treatment plan must be subscribed by the approving professional person under penalty of perjury attesting that (a) the professional person approving the plan has read the plan; (b) the professional person approving the plan has reviewed the medical/psychiatric/social history of the conservatee; and (c) the treatment plan is medically and psychiatrically appropriate to the conservatee’s needs and history. (c) The court will set for hearing and review the progress of the LPS conservatee and the conservator in implementing the treatment plan and the conservatee’s progress in treatment. This must be set forth in a written report to be filed with the court at least two weeks prior to the hearing with copies to be furnished to counsel for the conservator, the conservatee, and the county patient’s rights advocate. Such report must be reviewed with the conservatee. The conservatee’s response to such review, and any request for amendment to the treatment plan, must be reported to the court. The written review report must also incorporate the views of any family members interested in the conservatee’s welfare as to whether the treatment services specified in the plan have in fact been provided and whether progress has been made in achieving the treatment plan goals. Notice of such hearing must be given to the conservatee, conservatee’s counsel, and interested relatives who must be advised of their right to be personally present at such hearing. The conservator must provide for the conservatee’s personal presence at the review hearing unless personally waived in writing by the conservatee and the conservatee’s counsel, and approved by the court. (d) The individualized treatment plan filed with the court must also be provided to counsel for the conservator, the conservatee, and the county patient’s rights advocate, and must contain proof that they have been so provided. All treatment plans and review reports must prominently advise the conservatee of the name, address, telephone, and fax number to the patient’s rights advocate. If the patient’s rights advocate has provided services to the conservatee, the conservatee’s request to the advocate and the services provided must be set forth in the review report. (07/01/00) (Revied 01/01/07) Rule 1023 – Venue (Omitted – 07/01/25) Rule 1024 - Change of Venue (Omitted 07/01/25) Rule 1025 – Orders Orders at variance with rules may be granted by the judge assigned to LPS proceedings on the showing of good cause. (11/08/01) (Revised 01/01/07) Rule 1026 – Definitions (a) “Hearing Officer” means persons appointed to conduct capacity and certification hearings (Welf. & Inst. Code, §§ 5334(c) and 5256.1); (b) “Facility” means any public or private facility under contract to provide services paid by county mental health, or any hospital licensed to provide acute care inpatient psychiatric treatment. (The only facility presently licensed in Tulare County is Kaweah Delta Mental Health Hospital.); (c) “Patients’ Rights Advocate” means the designated Title IX patients’ rights advocate who will assure that patients are informed of their right to pre-admission hearings and assure that patients who waive the right to a hearing have done so freely, voluntarily, and intelligently; (d) “Public facility” means any facility owned or operated by the State of California or the County of Tulare; (e) “Professional person” means a psychiatrist, psychologist, social worker with a master’s degree, licensed marriage and family therapist, or registered nurse. (11/08/01) (Revised 01/01/07) LPS Hearing Officers, Attorneys, and Attorney Fees and Costs Rule 1027 - Services Subject to Compensation The public defender is appointed to represent indigent patients in LPS proceedings. If the court finds that an LPS patient is not indigent, the court shall appoint private counsel to represent the patient. However, in any case where counsel has been appointed to represent persons coming under the LPS Act, or other related mental health law proceedings, and where payment of attorney fees will be made by the County of Tulare through the Office of Alternate Defense Counsel, the determination of which attorney services are to be compensated by the client will be made by the court. (11/08/01) (Revised 01/01/07) Rule 1028 - Costs Subject to Reimbursement In those cases, where the patient has sufficient funds to reimburse the attorney for costs incurred relative to the case, the determination of which costs are to be reimbursed will be made by the court upon a timely request by counsel. (11/08/01) (Revised 01/01/07) Rule 1029 - Appointment of Counsel/Prosecuting Agency The public defender or the alternate defense counsel is appointed to represent all patients in mental health matters, unless the court authorizes a substitution of attorney. The Tulare County District Attorney’s Office will prosecute the writs of habeas corpus until such further notice (St. Joseph Hospital v. Kuyper (1983) Cal.App.3d 1086). Counsel for Kaweah Delta Mental Health Hospital will represent the physician in Riese hearings and Riese appeals. A patient may decline appointed counsel in which case the hearing officer or court will obtain an oral waiver on the record or a written waiver. (11/08/01) (Revised 01/01/07) Rule 1030 - Appointment of Hearing Officers Hearing officers must be attorneys and appointed as described in Welfare and Institutions Code sections 5256.1 and 5334(c). (11/08/01) (Revised 01/01/07) LPS Calendared Hearings Rule 1031 – Calendars (a) All proceedings in LPS conservatorships, LPS writs of habeas corpus, and Riese medication capacity writs/appeals will be heard at the Tulare County Superior Court, Visalia Division, by the judge assigned to handle such matters. Proceedings related to LPS conservatorships will be heard on Tuesdays from 8:30 a.m.-10:00 a.m. Proceedings related to LPS writs of habeas corpus and Riese medication capacity writs/appeals will be heard within two court days of the filing of the petition as set forth in Tulare County Superior Court Local Rules, rule 1034. (b) Certification review hearings under Welfare and Institutions Code sections 5250 (14-day hold) and 5270.15 (additional intensive treatment 30-day hold) will be heard at the facility where the person is receiving treatment by the mental health hearing officer appointed to administer certification review hearings as set forth in Tulare County Superior Court Local Rules, rules 1034 and 1041. (c) Original Riese medication capacity hearings will be heard at the facility where the person is receiving treatment by the mental health hearing officer appointed to hear such matters as set forth in Tulare County Superior Court Local Rules, rules 1034 and 1051. (d) Proceedings pursuant to Welfare and Institutions Code section 6500 and In Re Hop will be heard at the Tulare County Superior Court, Visalia Division, by the judge assigned to handle such matters on Thursdays from 8:30a.m. -10:00 a.m. (See Chapter 12, rules 1200 et seq. for full requirements on these proceedings.) (e) The place and time for conducting the regular calendars may be changed by order of the judge assigned to hear mental health matters. (11/08/01) (Revised 01/01/07) Rule 1032 - Calendaring Hearings Jury trials will be set by the judge assigned to hear LPS matters in his/her department. (11/08/01) (Revised 01/01/07) Rule 1033 - Date of Hearings All petitions in mental health matters which require a hearing, except hearings which may be heard ex parte, will whenever possible, upon being filed with the court, be set by the legal filings clerk, in the Legal Filings Division of the superior court, on the customary hearing date for such matters. (11/08/01) (Revised 01/01/07) LPS Writ of Habeas Corpus (Welf. & Inst. Code, § 5275) Rule 1034 - Filing Petitions, Schedule for certification review Hearings, Original Riese Medication Capacity Hearings, Writs of Habeas Corpus, and Riese Medication Capacity Writs/Appeals Hearings (a) The mental health hearing officer will perform certification review hearings on Tuesdays and Fridays at Kaweah Delta Mental Health Hospital unless approved otherwise by the hearing officer. (b) The mental health hearing officer will perform original Riese medication capacity hearings on Mondays, Wednesdays, and Fridays at Kaweah Delta Mental Health Hospital at 4:00 p.m. unless otherwise approved by the hearing officer. (c) Hearings on writs of habeas corpus and Riese medication capacity writs/appeals will be conducted at the Tulare County Superior Court, Visalia Division, within two court days of the filing of the writ or appeal as follows: Petitions filed on Mondays will be heard on Wednesdays at 8:30 a.m. Petitions filed on Tuesdays will be heard on Thursdays at 8:30 a.m. Petitions filed on Wednesdays and Thursdays will be heard on Fridays at 8:30 a.m. Petitions filed on Fridays will be heard on Mondays at 8:30 a.m. Any hearing date that falls on a judicial holiday will be heard on the next court day. (d) Petitions for a writ of habeas corpus or Riese medication capacity writ/appeal must be filed with the clerk of the court assigned to mental health matters. The Riese medication capacity writ/appeal must be filed with a proposed order. Petitions will be accepted for filing and file stamped immediately upon presentation to the clerk. The clerk will give notice of the hearing date, time, and place by facsimile service to those parties requiring such notice. (e) Hearings on petitions for writs of habeas corpus and Riese medication capacity writs/appeals shall have priority over any other matter set on the court’s calendar and shall be heard promptly at 8:30 a.m. The clerk of the court shall calendar the matter so that the writ or appeal is the first case called and heard by the judge assigned to hear the matter. (11/08/01) (Revised 01/01/07) Rule 1035 - Applications for Writ Seeking Release or Modification of Custody The court prefers any petition for a writ of habeas corpus seeking the release from, or modification of the conditions of, custody of one who is confined under the process of any court of this state or local penal institution, hospital, narcotics treatment facility, or other institution be submitted using optional Judicial Council Form HC-002. (11/08/01) (Revised 01/01/07, 01/01/2020, 07/01/26) Rule 1036 - Writ of Habeas Corpus and Riese Medication Capacity Writ/Appearance A hearing on a writ or Riese medication capacity writ/appearance must be scheduled at the time the writ or Riese appeal is filed. The mental health clerk will notify the facility, counsel for the facility, the public defender, and district attorney (writs only) of the scheduled date, time and place for the hearing. The petitioner on writs and real parties in interest must be present at the time, and place set for hearing unless their appearances are waived or as otherwise agreed upon by all parties. The court will permit attendance of witnesses and the LPS petitioner by court call upon the consent of all parties. The hearing will be held within two court days of filing as noted in Tulare County Superior Court Local Rules, rule 1034. (01/01/07) (Revised 07/01/26) Rule 1037 – Burden An evidentiary hearing may be held, and the county will bear the burden of justifying the detention. Preponderance of the evidence is the standard of proof for writs of habeas corpus (In re Azzarella (1989) 207 Cal.App3d 1240).” (11/08/01) (Revised 01/01/07, 07/01/26) LPS Certification Review Hearings (Doe v. Gallinot (1981) 657 F 2D 1017, 9th Cir.) (Welf. & Inst. Code, § 5256) Rule 1038 - Compliance with Welfare and Institutions Code Certification review hearings must be held in compliance with Welfare and Institutions Code sections 5256 et seq. • Section 5250 pertains to a 14-day hold, and • Section 5270.15 pertains to additional intensive treatment, 30-day hold. Under Welfare and Institutions Code section 5260, additional 14-day holds for suicidal persons will require the affidavits of two physicians. No certification review hearing is required. The patient must be informed of the right to file a writ of habeas corpus by the facility or patient rights advocate. (11/08/01) (Revised 01/01/07) Rule 1039 - Burden Certification review hearings require probable cause which means “specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant his or her belief or suspicion” that the person is mentally disordered and as a result thereof is a danger to others, and/or self, or is gravely disabled (People v. Triplett (1983) 144 Cal.App.3d 283, 288; Welf. & Inst. Code, § 5256.6; Heater v. Southwood (1996) 42 Cal.App.4th 1068). (11/08/01) (Revised 01/01/07) Rule 1040 - Procedures The mental health hearing officer is appointed to administer/or conduct certification review hearings in compliance with Welfare and Institutions Code sections 5256 et seq. All persons involuntarily detained in psychiatric hospitals (private and public) in Tulare County must have a certification review hearing in the following cases under Welfare and Institutions Code sections: • Section 5250 (regarding a 14-day hold), and • Section 5270.15 (regarding additional intensive treatment, 30-day hold) Hearings will be held for all persons regardless of the basis for certification. Hearings will be held within four days of the date on which the person was certified for intensive treatment, unless postponed by request of the person, or his or her attorney, or patient’s rights advocate. Hearings may be postponed for 48 hours. The following will apply to certification review hearings held in Tulare County: (a) Certification review hearings will be conducted at the facility where the person is receiving treatment. The location of the certification review hearing must be compatible with, and least disruptive of the treatment being provided to, the person certified (Welf. & Inst. Code, § 5256.1). (b) Certification review hearings must be conducted in an impartial and informal manner in order to encourage free and open discussion by participants (Welf. & Inst. Code, § 5256.4(b)). (c) At the certification review hearing, the evidence and support of the certification decision must be presented by a person designated by the director of the facility. (Welf. & Inst. Code § 5256.2). (d) Certification review hearings will be scheduled on Tuesdays and Fridays at the facility in order to comply with Welfare and Institutions Code section 5256. (e) At the certification review hearing, the person certified must have the right to the assistance of an attorney or advocate. Further, the person certified must have the right to present evidence on his or her own behalf and to question persons presenting evidence in support of the certification decision. Other persons will be admitted to the hearing at the discretion of the judge or mental health hearing officer by standing order of the court (Welf. & Inst. Code, § 5256.4 (a)(1)(2)(3)). (f) Reasonable attempts must be made by the mental health facility to notify family members, or any other person designated by the person certified, of the time and place of the certification review hearing, unless the person certified requests that this information not be provided. The person certified must be advised by the facility that is treating the person certified that he or she has the right to request that this information not be provided (Welf. & Inst. Code, § 5256.4(c)). (g) Certification review hearings are not bound by rules of procedure or evidence applicable to judicial proceedings. All evidence which is relevant to establishing that the person is, or is not, as a result of a mental disorder, a danger to themselves or others, or gravely disabled must be admitted at the hearing and considered by the mental health hearing officer (Welf. & Inst. Code, § 5256.4(b)(d)). (h) As soon after hearing as practicable, an attorney or patients’ rights advocate must meet with the person certified to discuss the commitment process and to assist the person in preparing for the certification review hearing, or to answer questions or otherwise assist the person as is appropriate (Welf. & Inst. Code, § 5255). (i) The person certified must have the right to make reasonable requests for the attendance of facility employees who have knowledge of, or participated in, the certification decision (Welf. & Inst. Code, § 5256.4(a)(4)). (j) A certification review hearing will not be held where a writ of habeas corpus hearing has been requested (Welf. & Inst. Code, §§ 5254 and 5256). (k) The person certified must be given oral notification of the decision at the conclusion of the certification review hearing by the mental health hearing officer. As soon thereafter as is practicable, copies of the decision must be provided to the attorney or patient rights advocate for the person certified, and to the director of the facility. The decision must be written and must include a statement of the evidence relied upon and the reasons for the decision. (11/08/01) (Revised 01/01/07, 01/01/09, 07/01/26) Rule 1041 - Certification Review Hearing Finding Contested by Writ of Habeas Corpus The court prefers any petition for a writ of habeas corpus contesting the mental health hearing officer’s certification review hearing findings or physician findings under Welfare and Institutions Code sections 5250 or 5270.15 be submitted using optional Judicial Council Form HC-002. The clerk will assign a case number, open an LPS file, and notify all persons entitled to notice of the hearing. Hearings will be conducted within two court days of the filing of the writ at the Tulare County Superior Court, Visalia Division, as stated in The Superior Court of Tulare County, Local Rules, rule 1034. (11/08/01) (Revised 01/01/07, 07/01/25, 07/01/26) LPS Determination of Capacity of Mental Health Patients Re: Consent to Administration of Anti-Psychotic Medication (Riese Hearing) Rule 1042 - Scope and Purpose The following procedures are intended to implement the requirements of Riese v. St.Mary’s Hospital (1987) 209 Cal.App.3d 1303, and Welfare and Institutions Code sections 5332 et seq. They apply to patients, both adults and minors, who are being treated in public or private hospitals, and who are being detained pursuant to Welfare and Institutions Code sections 5150 (72-hour hold); 5250 (14-day hold); 5260; 5270.15 (30-day hold); 5350; or 5353 et seq. (temporary conservatorship). In those cases in which a temporary conservator has been given authority to consent to medication, a review of that grant of authority may be made under these procedures or through a writ of habeas corpus. (11/08/01) (Revised 01/01/07) Rule 1043 - Petition When the treating physician has determined that treatment of the patient’s condition requires the administration of anti-psychotic medication, and the patient has refused to consent to the medication, the treating physician may petition the court for a legal determination as to the patient’s capacity to consent to or refuse antipsychotic medication. The treating physician must complete, sign, and date the petition. If the treating physician will not be present for the hearing, the petition must be supported by a declaration of the treating physician. The petition and any supporting documents must be delivered to, or faxed to, the court clerk assigned to mental health matters in order to calendar a hearing. (11/08/01) (Revised 01/01/07, 07/01/26) Rule 1044 – Documents (Omitted 07/01/26) Rule 1045 - Calendaring Hearings It is assumed that time is of the essence in each Riese hearing. The physician or treating facility must deliver or fax the forms to the court clerk assigned to mental health matters in order to calendar a hearing. The clerk will calendar all hearings upon receipt of the requisite forms. Whenever possible, the hearing will be set within two court days. Notice is to be given to the approved hearing officer by the clerk. The physician or treating facility must notify counsel for the facility of the need for an interpreter when one is needed at the hearing (Riese v. St. Mary’s Hospital and Medical Center (1987) 209 Cal. App. 3d 1303). (11/08/01) (Revised 01/01/07) Rule 1046 - Interpreter Services All hearings in which interpreters are required must be conducted through court certified interpreters and arranged by the facility unless not available, in which case the court or hearing officer may use a competent interpreter. (11/08/01) (Revised 01/01/07) Rule 1047 - Attorney Duties The patient’s attorney or patient’s rights advocate must meet with the patient as far in advance of the hearing as possible to determine the patient’s position with respect to the proposed anti-psychotic medication. If the patient consents to the administration of anti-psychotic medication prior to the hearing, it will be the responsibility of the patient’s attorney, or the patient’s rights advocate, to notify the mental health hearing officer promptly, so the hearing may be canceled and unnecessary travel and expense may be avoided. (11/08/01) (Revised 01/01/07, 07/01/26) Rule 1048 - Patient Representation Patients will be represented by the public defender, or the patient’s rights advocate, unless private counsel is retained by the patient. (11/08/01) (Revised 01/01/07) Rule 1049 - Treating Physician/Facility Counsel The physician, or counsel for the facility, must present the petition and declaration as well as any oral or documentary evidence at the time of the hearing. (11/08/01) (Revised 01/01/07) Rule 1050 - Surroundings of Hearing Hearings must be held in surroundings which allow for quietness and a reasonable degree of confidentiality. Whenever possible, the hearings will be held at the facility where the patient is located. In any event, the hearing will be held as close to that facility as is practicable under the circumstances. (11/08/01) (Revised 01/01/07) Rule 1051 - Burden The burden must be on the physician or treating facility to establish by clear and convincing evidence that the patient is incapable of giving or withholding informed consent to the administration of anti-psychotic medication (Riese v. St. Mary’s Hospital and Medical Center (1987) 209 Cal. App. 3d 1303). (11/08/01) (Revised 01/01/07) Rule 1052 - Determination of Capacity In determining the patient’s capacity to give or withhold informed consent, the hearing officer will consider (1) whether the patient is aware of their mental condition, (2) whether the patient has been informed of and is able to understand the benefits and the risks of, as well as the alternatives to, the proposed medication, and (3) whether the patient is able to understand and to knowingly and intelligently evaluate the information required to be given patients whose informed consent is sought and otherwise participate in the treatment decision by means of rational thought processes. (See In re Qawi (2004) 32 Cal.4th 1, 17-18; Riese v. St. Mary's Hospital & Medical Center (1987) 209 Cal.App.3d 1303, 1322-1323.) (11/08/01) (Revised 01/01/07, 01/01/20, 07/01/26) Rule 1053 - Patient Presence The patient must have the right to be present at the hearing, and through counsel (or the patient’s rights advocate), to present evidence and to cross examine witnesses at the hearing. However, the patient may choose not to attend the hearing. (11/08/01) (Revised 01/01/07) Rule 1054 - Access to Records The hearing officer must have access to, and may consider, the relevant medical records of the patient as well as the petition and declaration of the physician in reaching the legal determination of the patient’s capacity to give or withhold informed consent. (11/08/01) (Revised 01/01/07) Rule 1055 - Continuance of Hearings Upon a showing of good cause and at the discretion of the hearing officer, a hearing may be continued pursuant to Welfare and Institutions Code section 5334(a). (11/08/01) (Revised 01/01/07) Rule 1056 - Determination At the conclusion of the hearing, the mental health hearing officer will make a legal determination whether the patient is capable of giving or withholding informed consent to the administration of anti-psychotic medication. (11/08/01) (Revised 01/01/07, 07/01/26) Rule 1057 - Confidentiality The proceedings under these rules, and all records of these proceedings, will be confidential as provided in Welfare and Institutions Code section 5328. (11/08/01) (Revised 01/01/07) Rule 1058 - Riese Medication Capacity Appeals Upon appeal of the determination of the mental health hearing officer at a Riese hearing, the clerk will assign a case number, open an LPS file, and notify all persons entitled to notice of the hearing. Hearings on appeals of Riese hearings will be conducted within two days of the filing of the appeal. • Petitions filed on Mondays and Tuesdays will be heard on Wednesdays. • Petitions filed on Wednesdays and Thursdays will be heard on Fridays. • Petitions filed on Fridays will be heard on Mondays. (11/08/01) (Revised 01/01/07, 07/01/26)
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.