Tulare County Superior Court Local Rules (revised July 1, 2026) — Chapter 11: Juvenile Court (Rules 1100 to 1113)

Requirement

CHAPTER 11 - JUVENILE COURT Rule 1100 - Presiding Judge and Hearing Officers Juvenile court matters may be heard before any judge, commissioner or referee of the superior court. The presiding judge of the superior court shall assign a presiding judge of the juvenile court to manage the business of the juvenile delinquency and dependency court. All juvenile proceedings under Welfare and Institutions Code sections 300 and 601 et seq. shall be assigned by the presiding judge of the juvenile court. If the presiding judge of the juvenile court is not available, the presiding judge of the superior court shall designate another judge to manage the business of the juvenile court. In addition to juvenile matters under Welfare and Institutions Code sections 300 et seq. and 601 et seq., guardianship petitions for minors who are dependents of the juvenile court must be presented either to the juvenile court judge or commissioner unless they are disqualified from hearing such application. Juvenile dependency matters under Welfare and Institutions Code section 300 will be heard by judges, commissioners, or referees who have complied with the training recommendations and requirements under Welfare and Institutions Code section 304.7. (07/01/00) (Revised 01/01/07) Rule 1101 - Juvenile Court Commissioners and Referees In addition to the provisions of The Superior Court of Tulare County, Local Rules, rule 203, juvenile court commissioners and referees and their official acts will be governed as follows: (a) All orders made by a commissioner or referee will be final as set forth in Welfare and Institutions Code section 250. (b) Rehearing on any order made by a juvenile court commissioner or referee will be heard in accordance with the procedures set forth in Welfare and Institutions Code section 252. (c) Where the parties have stipulated that the commissioner or referee sits as a temporary judge, his/her orders will be final in the same manner as an order by a judge. (07/01/00) (Revised 01/01/07) Rule 1102 – Location and Schedule of Juvenile Court Juvenile delinquency and dependency court sessions are held at the Juvenile Justice Center located at 11200 Avenue 368, Visalia, CA 93291 and at the South County Justice Center located at 300 East Olive Avenue, Porterville, CA 93257. All papers involving proceedings under Welfare and Institutions Code sections 300 and 602 shall be filed and maintained in the clerk’s office of the Juvenile Justice Center located at 11200 Avenue 368, Visalia, CA 93291. (07/01/00) (Revised 01/01/07, 07/01/11, 01/01/19, 07/01/26) Rule 1103 - Filing of Documents (a) To provide adequate time for processing, all documents submitted in connection with a hearing scheduled for the following day must be submitted to the court no later than 3:00 p.m. the day before the hearing is scheduled. (b) No document except original petitions filed pursuant to Welfare and Institutions Code sections 300 and 602 will be accepted by the court clerk for filing unless it sets forth on its face the case caption and is accompanied by a proof of service reflecting service on all counsel of record and parties not represented by counsel. (01/01/03) (Revised 01/01/07, 07/01/26) Rule 1104 - Motion Requirements (a) No noticed motion will be accepted by the county clerk unless it is accompanied by a proof of service. (b) All motions calendared in the juvenile court must comply with the requirements of the Code of Civil Procedure sections 1010 et seq. and California Rules of Court, rules 3.1110, 3.1113, 3.1115, 3.1320, and 5.544, except that written notice to opposing counsel and the court may be reduced to five court days, and any opposition must be filed and served two court days before the scheduled hearing. Prior to giving notice, the moving party must reserve the hearing date with the calendar clerk for the juvenile court. Ex parte requests for relief from compliance with this rule may be granted only upon written application to the juvenile court judge or bench officer assigned to hear the matter, supported by affidavit showing good cause, and with at least four hours personal or telephonic notice of the time set for such ex parte application to all counsel appearing in the proceeding. Any request for such ex parte relief must also include an affidavit by requesting counsel that notice was given as required. All documents must be typed or printed and must be punched with two holes at the top of each page. Notwithstanding the foregoing requirements, motions to continue a hearing, brought under Welfare and Institutions Code section 352, are subject to the time limits set forth therein. Additionally, counsel for all parties to a proceeding may stipulate to a continuance, provided that such stipulations are submitted and approved by the court regularly hearing the matter at least two court days prior to the hearing. Such stipulations must establish the existence of good cause for continuance. Papers that do not comply with these rules, the Code of Civil Procedure, and the California Rules of Court will not be considered by the court unless good cause is otherwise shown. (01/01/03) (Revised 07/01/00) Rule 1105 - Documenting Notice of Hearings In all juvenile dependency matters, Child Welfare Services (CWS) must file a single “Proof of Service Declaration” to show compliance with the legal notice requirements for each hearing. Judicial Council forms must be used by the agency internally to meet notice and Title IV-E requirements. (Forms are available on the Internet at https://www.courts.ca.gov.) A “Proof of Service Declaration” (see Appendix 2) must be signed, under penalty of perjury, indicating the following: (a) That a notice of hearing (e.g., Judicial Council Form JV-280 or JV-300) has been sent to each of the parties, any court appointed special advocate (CASA), the attorneys, and any Indian tribe, informing them of the nature of the proceeding; (b) The date, time, place, and manner in which notice was given; (c) The parties, attorneys, CASAs (if any), and Indian tribes (if any) noticed, including addresses; (d) Whether reports accompanied the notice; (e) Names of parties who were not noticed due to unknown addresses. The “Proof of Service Declaration” must include documentation of CWS’s due diligence in attempting to locate missing parents whenever required by law. (07/01/00) (Revised 01/01/07, 01/01/2020) Rule 1106 - Ex Parte Orders in Dependency Cases (a) Before submitting ex parte orders to a judicial officer for approval, the applicant must give notice to all counsel, social workers, and parents who are not represented by counsel or explain the reason notice has not been given. (b) The party requesting ex parte orders must inform the judicial officer that notice has been given by completing a “Declaration Re Notice of Ex Parte Application” form (Appendix 11). The original declaration and accompanying “Application for Order” must be submitted to the juvenile court clerk of the juvenile division. (c) Upon receipt of the application and declaration of notice, the clerk will note the date and time received in the upper right corner of the declaration. In order to give opposing parties ample time to respond to the ex parte application, the clerk will hold the application for four hours prior to submission to the judicial officer for their decision. (d) An opposing party must present any written opposition to a request for ex parte orders to the court clerk of the juvenile division within four hours of receipt of notice. The court may render its decision on the ex parte application or set the matter for hearing. The applicant is responsible for serving all noticed parties with copies of the court’s decision, or notice that the court has calendared the matter, and the applicant must notify all parties of any hearing date and time set by the court. (e) Whenever possible, the moving and responding papers and declaration regarding notice must be served on the attorney for each parent, attorney for the child, county counsel, CASA, supervising social worker, and parents who are not represented by counsel. (f) Notice may be excused if the giving of such notice would frustrate the purpose of the order and cause the child to suffer immediate and irreparable injury. (g) Notice may also be excused if, following a good faith attempt, the giving of notice is not possible. (01/01/03) (Revised 01/01/07) Rule 1107 - Appointment of Child Advocates (CASA) (a) At any time during a dependency proceeding pursuant to Welfare and Institutions Code section 300 et seq. or at any time following a declaration of wardship at a disposition hearing during delinquency proceedings pursuant to Welfare and Institutions Code section 601, et seq. a trained volunteer court appointed special advocate (CASA) may be appointed by the court to provide all the services contemplated by Welfare and Institutions Code sections 102(c) and 104, and to represent the best interests of children in juvenile court proceedings. In order to qualify for appointment, the child advocate must be trained and function under the auspices of a Court Appointed Special Advocate Program, formed and operating under the guidelines established by the Judicial Council of California (Welf. & Inst. Code, §§ 100 and 103(a)). (b) A CASA volunteer is a sworn officer of the court having taken an oath which describes the duties and responsibilities of the volunteer. CASA volunteers serve at the pleasure of the court and are bound by all court rules. (c) The Tulare County CASA Program will function under and pursuant to the program guidelines of CASA Programs as from time to time may be adopted or amended by the Judicial Council of the State of California, pursuant to Welfare and Institutions Code section 100, and will comply generally with the provisions of Welfare and Institutions Code sections 100-109, and California Rules of Court, rule 5.655. (d) CASA volunteers are appointed only on behalf of children, and only in such proceedings as authorized by Welfare and Institutions Code sections 100-109 and the program guidelines established pursuant to these sections. (e) CASA volunteers must have access to all documents, case files, and other documents which relate to the child before the court as authorized by Welfare and Institutions Code section 107. (f) A CASA volunteer’s personnel file is confidential. No one will have access to the volunteer’s personnel file with the exception of the volunteer, the CASA program director or their designee, and the presiding judge of the juvenile court. (g) CASA shall receive notice of all court proceedings for whom they have been appointed. (h) CASA shall have reasonable access to the children for whom they have been appointed. (i) CASA shall be served with a copy of all documents filed with the court as to a child for whom they have been appointed. The party filing said document is responsible for service on CASA. (j) There must be ongoing, regular communication concerning the child’s best interests, current status, and significant case developments maintained among the advocates, case manager, child’s attorney, attorney(s) for parents, social worker, county counsel, relatives, foster parents, and any therapist for the child. (k) A child advocate may petition the court to set the child’s case for hearing. (See Appendix 10, “Petition and Order re Hearing to Review Case.”) (l) All court reports submitted by CASA shall be submitted and served on all parties through their counsel, Child Welfare Services, and Probation in a timely fashion, at least 10 court days prior to the scheduled hearing unless otherwise ordered by the court. (01/01/03) (Revised 01/01/07) Rule 1108 - Authorization for Use of Psychotropic Drugs Dependent Children (a) Psychotropic medication must not be administered to children who are dependents of the court and in out-of-home placement until an “Application for Order for Psychotropic Medication – Juvenile” (Judicial Council Form JV-220, available on the Internet at https://www.courts.ca.gov) has been submitted and approved by the court. (1) Where more than one medication is requested, the application must specify whether the prescribing physician intends the medications to be combined, or is making the request in the alternative. Where said request is in the alternative, the application must set forth the intended plan of treatment. (2) Information regarding the child’s wishes must be included in the application. (3) The physician prescribing the medication(s) must have evaluated the child within 30 days immediately preceding submission of the application. (b) Wards of the Court - If a ward has been placed in out-of-home placement, consent to psychotropic medication by the parent/guardian may still be appropriate. If the court has made a prior determination that the parent/guardian is unable to make an informed decision on behalf of the ward, or if the whereabouts of the parent/guardian are unknown, an application for “Order for Psychotropic Medication – Juvenile” (Judicial Council Form JV- 220) must be submitted by Probation and approved by the court prior to the administration of any psychotropic medication. (1) Where more than one medication is requested, the application must specify whether the prescribing physician intends the medications to be combined or is making the request in the alternative. Where said request is in the alternative, the application must set forth the intended plan of treatment. (2) Information regarding the child’s wishes must be included in the application. (3) The physician prescribing the medication(s) must have evaluated the child within 30 days immediately preceding submission of the application. (07/01/00) (Revised 01/01/07, 01/01/2020) Rule 1109 - Medical, Surgical, Dental Care All parties must comply with Welfare and Institutions Code section 369 regarding medical treatment of a dependent child in out-of-home placement. The social worker must notify the parents, all counsel, CASA, and the court of any child’s hospitalization, and the reasons therefore, within two (2) court days of said hospitalization. (01/01/03) (Revised 01/01/07) Rule 1110 - Discovery The rules set forth herein will apply to juvenile court cases arising under Welfare and Institutions Code sections 300 or 601, as indicated below, and will equally apply to all parties and their counsel. This rule is intended to expand upon, rather than limit, California Rules of Court, rule 5.546. (a) Timely Disclosure of Informal Discovery - Pre-hearing discovery must be initially conducted informally in cases arising under Welfare and Institutions Code sections 300 or 601. Except as protected by privilege, all relevant material must be disclosed in a timely fashion to all parties to the litigation (Cal. Rules of Court, rule 5.546). (b) Motion to Compel Discovery - In cases arising under Welfare and Institutions Code sections 300 or 601, a party may bring a motion to compel discovery only after all informal means have been exhausted. A motion to compel discovery must be noticed and served in accordance with the requirements of The Superior Court of Tulare County, Local Rules, rule 1104. The motion must state the relevancy and materiality of the information sought and the reasons why informal discovery was not adequate to secure the information. (c) No Civil Discovery Methods - Civil discovery methods, such as those set forth in the Code of Civil Procedure, do not apply in juvenile cases arising under Welfare and Institutions Code sections 300 or 601, without prior authorization from a bench officer. (d) Dependency Proceedings - (1) For pretrial hearings, where the parties have entered a time waiver and a pretrial hearing is calendared, the jurisdictional/disposition report must be filed and served at least five court days prior to the pretrial hearing. (2) For adjudication within the statutory time, the jurisdiction/disposition report must be filed and served at least three court days prior to the hearing. If time is waived and a jurisdictional hearing is set beyond fifteen (15) court days, the social worker must file a report at least five (5) court days prior to the hearing. (3) For all other hearings, the social worker’s report must be served at least 10 court days prior to the hearing. (4) All social worker reports may be mailed to counsel, delivered by personal service, or delivered by other means as agreed upon by counsel. (5) In contested proceedings, the name of any experts to be called by any party, and copies of their reports, must be made available to all parties at least five court days before the hearing, except where there has been no time waiver and the need for an expert is not known, in which case the parties must exchange expert information at the earliest possible time. (6) Except as provided elsewhere in these rules, mutual discovery, including names of witnesses and their addresses and telephone numbers, must be exchanged at least five court days before the hearing, except where there has been no time waiver, in which case the parties must exchange mutual discovery at the earliest possible time. (7) Failure to provide timely exchange of information as required by this local rule will be grounds for any of the sanctions warranted under California Rules of Court, rule 5.546(j). (e) Delinquency Proceedings: The court rules regarding discovery as set forth in Penal Code sections 1054 - 1054.8 will apply to all delinquency proceedings. (07/01/00) (Revised 01/01/03, 01/01/07, 07/01/11) Rule 1111 - Confidentiality & Inspection of Juvenile Case Files (a) General Confidentiality. Generally, juvenile case files are confidential, subject to limited exceptions, pursuant to applicable state and federal law. Juvenile case files may not be obtained or inspected by either civil or criminal subpoena, and information from juvenile case files may not be disclosed without a juvenile court order except as expressly provided by law. All court personnel, attorneys appearing before the court, and court officers must be familiar with and observe confidentiality requirements under applicable law. (b) Inspection of Juvenile Case Files. (1) Access Generally Juvenile delinquency case files and a living child’s juvenile dependency case files may be obtained or inspected, and information from the file may be disclosed, only in accordance with Welfare and Institutions Code sections 827, 827.12, and 828, as explained in rule 5.552 of the California Rules of Court. Rule 5.552 provides procedures for requesting any juvenile delinquency case file and a living child’s juvenile dependency case file. (2) Access by Persons or Agencies Permitted to Inspect a Juvenile Case File Without a Court Order When a person or agency permitted to inspect a juvenile case file without court authorization under Welfare and Institutions Code section 827 requests to be provided access to a juvenile case file, or any portion thereof, by the court or a court employee, the person or agency must provide satisfactory proof that the person or agency is permitted to inspect the juvenile case file without a court order under Welfare and Institutions Code section 827. The person or agency seeking access to the juvenile case file may establish proof of such authorization by filing a Declaration in Support of Request to Inspect and/or Copy Juvenile Court Records without a Court Order (Local Form JUV-001) in the juvenile court and providing a file stamped copy of the declaration to the court or court employee at the time the request for access to a juvenile case file is made. (01/01/03) (Revised 01/01/07, 07/01/11, 07/01/26) Rule 1112 - Access to the Courtroom by Non-parties. Except as set forth in Welfare and Institutions Code sections 346, 676, and 676.5, members of the public and media will not be admitted to dependency or delinquency proceedings. Media access to the courtroom, where allowed, will be governed by California Rules of Court, rule 1.150. (01/01/03) (Revised 01/01/07) Rule 1113 - Media Requests for Observing, Interviewing, Photographing, Videotaping, or Voice Recording of Minors or their Families, in a Non-Courtroom Setting and Requests for Access to Certain Facilities. The media representative must initiate contact with the presiding judge of the juvenile court by submitting a request, at least five days prior to the requested access date, containing the following: (a) A general description of the media proposal and its purpose; (b) The exact location, date, and time of the proposed project; (c) Specification of the type of coverage requested (i.e., observation, filming, videotaping, interviewing, photographing, or voice recording); (d) A statement of the nature and extent of expected involvement with the minor or facility; (e) A description of the general subject areas to be covered, where individual minors or family members are to be interviewed or questioned; (f) The names and ages of individual minors, if available; (g) A statement as to whether or not petitioner seeks a waiver of the minor’s confidentiality and the specific reasons for such a request; (h) An explanation of how information obtained is to be used, including airing or publication dates; (i) Any other information which could be useful to the court in evaluating petitioner’s request; and (j) A statement of whether the petitioner fully understands and accepts the provisions of Welfare and Institutions Code sections 825-830 and California Rules of Court, rule 5.552, regarding confidentiality. A copy of the form must be provided to the Chief Probation Officer and/or Deputy Director of Child Welfare Services. Any objection by either Probation or Child Welfare Services must be communicated in writing to the presiding judge of the juvenile court within two court days of receipt of the form. The presiding judge of the juvenile court, or other bench officer as designated by the presiding judge, will review the request and any objection. The bench officer may grant the request and, if granted, will provide the media representative with the media order. The media order may specifically define the media contact. The media representative must review the order and must sign the designated order, agreeing to comply with the provisions of the order, prior to media access. Failure by the media representative to comply with the provisions of the order may subject the representative to contempt proceedings. (07/01/00) (Revised 01/01/07)