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Rules 1114 to 1125: ex parte restraining orders under section 213.5, heard with the regular dependency hearings (1115); each parent's Notification of Mailing Address (JV-140) executed before the initial or detention hearing and filed again to change it (1116); a pre-hearing challenge to a petition's sufficiency akin to a demurrer, made as early as possible (1117); offers of proof, the witness still testifying unless all parties stipulate, and hearsay objections to the social worker's report in writing at least two court days before the hearing, or one day before where the report is filed less than five court days before (1118); modifications to a more restrictive placement under section 387 and to a less restrictive placement under section 388, new service plan requirements submitted to the parents for approval, and notice of a change in placement at least five court days before, 10 court days before a move from one county to another, and within 48 hours in an emergency (1119); court-appointed dependency attorneys with eight hours of training or six months' experience, eight hours of continuing education every three years and an annual Certificate of Competency (Appendix 3), a child's attorney contacting the client before each hearing and interviewing children four years of age or older in person, and complaints about appointed counsel first to the attorney's supervisor, then in writing to the court, reviewed within 10 days (1120); contract counsel for dependent children (1121); family and juvenile court management of child abuse cases, repeated from rule 929 (1122); the exchange of information among the staff of Family Court Services, the Juvenile Probation Department, and Child Welfare Services (1123); the exchange of information among CWS, service providers and schools in dependency cases, a protective order sought on objection (1124); and the Domestic Violence Coordination Rules - the clerk checking the case management system and CCPOR, criminal orders having priority, coexisting orders providing for the safe exchange of the children, and a file-endorsed copy conveyed within 24 hours to the Tulare County Sheriff's Department for CLETS (1125)
California > Fifth Appellate District > Tulare County > Superior Court of California, County of Tulare
Rule 1114 - Inspection and Disclosure of Juvenile Court Records (Omitted 07/01/26) Rule 1115 - Ex Parte Restraining Orders - Juvenile Dependency Pursuant to Welfare and Institutions Code section 213.5 and in accordance with its provisions, the juvenile court may issue ex parte orders and other orders necessary for protection of the minor. Hearings pursuant to this section may be held simultaneously with regularly scheduled hearings in dependency hearings. (07/01/00) (Revised 01/01/07) Rule 1116 - Dependency - Designation of Permanent Mailing Address Child Welfare Services must have each parent whose whereabouts is known execute a “Notification of Mailing Address” (JV-140) prior to the completion of the initial hearing or detention hearing. Said “Notification of Mailing Address” must be filed with the court clerk of the juvenile division. A new “Notification of Mailing Address” (JV-140 – available on the Internet at https://www.courts.ca.gov) must be completed by the parent and filed with the court clerk of the juvenile division whenever the parent wishes to change the permanent mailing address on file with the court. (01/01/07) (Revised 01/01/2020) Rule 1117 - Motion to Challenge Legal Sufficiency of Petition In any dependency proceeding, the court may entertain a pre-hearing challenge to the petition’s sufficiency by a motion akin to a demurrer. Such a motion may be made in writing or orally, but it must be made as early as possible in the proceedings. The court may rule on the motion at the hearing, or it may continue the hearing on the motion to another date in order to receive points and authorities from counsel. (01/01/03) (Revised 01/01/07) Rule 1118 - Presentation of Evidence - Dependency Cases Only (a) Offers of Proof: The party presenting evidence may utilize, or the court may require, an offer of proof with regard to any witness. Where one party presents an offer of proof in lieu of testimony, the witness must nevertheless testify unless all parties stipulate to receiving evidence via an offer of proof. (b) Hearsay Objections to Social Worker’s Report: Any hearsay objections to the social worker’s report must be in writing, served and filed at least two court days before the hearing, except that in cases where the social worker’s report is not filed at least five court days prior to the hearing, the objecting party must file and serve his/her objections in writing at least one day prior to the hearing. (01/01/03) (Revised 01/01/07) Rule 1119 - Modifications of Orders (Welf. & Inst. Code, §§ 386, 387, and 388, and Cal. Rules of Court, rules 5.560 and 5.570) (a) More Restrictive Placement - Any motion by petitioner to modify an existing order to a more restrictive placement will be implemented pursuant to Welfare and Institutions Code section 387 and California Rules of Court, rules 5.560(c) and 5.565. The court deems a move from foster care to a group home setting to be a more restrictive placement. (b) Less Restrictive Placement - Any motion by an interested party to modify the court’s orders to a less restrictive placement will follow the procedures outlined in Welfare and Institutions Code section 388 and California Rules of Court, rules 5.560(d) and 5.570. (c) New Service Plan Requirements - Any significant changes or additions to the service plan for parents/guardians must be submitted to them for approval before implementation. A parent who disagrees with the new requirements may request a hearing before the court on the matter after filing appropriate noticed motion. (d) Notice re Change in Placement - In order to ensure that proper notice is received by attorneys for parents and children of any change in a child’s placement after the original dispositional hearing: (1) In non-emergency situations, the department must give notice at least five court days prior to the change in placement. (2) In non-emergency situations, prior to removal of a child from one county to another, the department must provide notice at 10 court days prior to the change in placement. Where the child is being returned to Tulare County from an out-of-county placement, the notice required is five court days. (3) In emergency circumstances, the department must give notice immediately, and in no case later than 48 hours (two working days) following the child’s change in placement. (4) Notice may be given in writing and/or orally by telephone. (01/01/03) (Revised 01/01/07) Rule 1120 - Representation of Parties Relating to Dependency (a) Experience, Training, and Education of Attorneys (1) General Competency Requirement - All court-appointed attorneys appearing in juvenile dependency proceedings must meet the minimum standards of competence herein set forth. (2) Standards of Education and Training - Each court-appointed attorney appearing in a dependency matter before the juvenile court must complete either of the following minimum training and educational requirements: (A) Participated in at least eight hours of training or education in juvenile dependency law, which training must have included information on the applicable case law and statutes, the Rules of Court, Judicial Council forms, motions, writs, mediation, child development, child abuse and neglect, family reunification and preservation, restraining orders, rights of de facto parents, and reasonable efforts; or (B) At least six months’ experience in dependency proceedings in which the attorney has had primary responsibility for representation of his or her clients in said proceedings. In determining whether the attorney had demonstrated competence, the court will consider whether the attorney’s performance has substantially complied with the requirements of these rules. (C) Each court-appointed attorney who practices before the juvenile dependency court must complete within every three-year period at least eight hours of continuing education related to dependency proceedings. Evidence of completion of the required number of hours of training or education must be retained by the attorney and may include a copy of a certificate of attendance issued by a California Mandatory Continuing Legal Education (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 an MCLE provider. Attendance at a court sponsored or approved program will also fulfill this requirement. (D) The attorney’s continuing training or education must be in the areas set forth in paragraph (a)(2) above, or in other areas related to juvenile dependency practice. (E) To enhance the practice of law before the juvenile dependency court of this county, and to recognize the unique qualities of juvenile dependency law, a standing committee of the juvenile court will review and recommend modifications to these rules in the area of training, education, and standards of representation. (F) Each court-appointed counsel, including those employed by county offices, must annually complete and file a “Certificate of Competency” (Appendix 3), and file it with the presiding judge of the juvenile court. (3) Standards of Representation (A) To resolve disputed aspects of a case without a hearing, attorneys are expected to meet regularly with clients, including clients who are children, as well as to contact social workers (within the ethical confines of contact with a represented party) and other professionals associated with the client’s case, and to work with other counsel. (B) An attorney representing a child must have contact with the client prior to each hearing. The attorney, or attorney’s agent, must interview all children four years of age or older in person unless it is impracticable. Whenever possible, the child must be interviewed at the child’s placement. The attorney or attorney’s agent should also interview the child’s caretaker (unless said caretaker is a party represented by counsel), particularly when the child is under four years of age. If the child’s attorney becomes aware of an interest or right of the child to be protected or pursued in other judicial or administrative forums, counsel must notify the court immediately and seek instructions from the court. This includes, but is not limited to, pursuit of any tort claims available to the child (Cal. Rules of Court, rule 5.660). (C) Attorneys representing any party other than a child must interview the client at least once prior to the day of the jurisdictional hearing unless the client is unavailable. Thereafter, the attorney or the attorney’s agent must contact the client at least once prior to the day of each hearing unless that client is unavailable. (b) Complaints (1) Any party to a juvenile proceeding may lodge a written complaint with the court concerning the performance of his/her appointed attorney in a juvenile court proceeding as follows: (A) Complaints or questions must initially be referred to that attorney’s supervisor within the agency, association, or law firm appointed to represent the client. (B) If the issue remains unresolved, or if there is no designated agency, association, or law firm appointed to represent the client, the party may submit a written complaint to the court in which the matter is pending. The court will, within 10 days, conduct its own review of the complaint or question which may include a hearing in chambers. The court may take any appropriate action required, including relieving counsel and appointing new counsel and/or holding a formal hearing on the matter. (07/01/00) (Revised 01/01/07) Rule 1121 - Appointment for Children The Tulare County Superior Court may enter into a contractual agreement with a qualified attorney or attorneys for the representation of dependent children. The agreement may provide that the attorney(s) so employed represent all children, unless the juvenile court determines the child would not benefit from the appointment of counsel as provided by Welfare and Institutions Code section 317(c). (01/01/03) (Revised 01/01/07) Rule 1122 - Family and Juvenile Court Management of Child Abuse Cases (This rule is repeated in Family Law, rule 929 ) It is the policy of the superior court to identify and coordinate custody proceedings involving the same child, which may appear in multiple legal settings. It is further the policy of the superior court to coordinate the efforts of the different court systems so that the child/ren’s and family’s needs are served and the resources of the family and the court are not wasted. To these ends, the superior court and the agencies serving the court must cooperate to increase the exchange of information and to determine the most appropriate forum for the resolution of the issues relating to the child/ren. (Pursuant to Welfare & Institutions Code section 827.10.) (a) Report Pursuant to Penal Code section 11166 - If, during the pendency of a family law proceeding, a child abuse allegation against one of the child’s parents comes to the attention of a Family Court Services staff member or other mediator or evaluator, that person must first determine whether the allegation must be reported to a child protection agency, pursuant to Penal Code section 11166. If that person determines the allegation does not fall within the description of section 11166, he/she need not make a report. However, any other person may report the allegation to a child protection agency. (b) Child Abuse Investigation - When the Health and Human Services Agency, Child Welfare Services Branch (CWS), receives a report of suspected child abuse during the pendency of a family law proceeding, it must investigate the matter immediately, or within 10 days, unless the judicial officer from family court requests an earlier investigation. CWS, and the law enforcement agency having jurisdiction, must coordinate their investigative efforts. If CWS becomes aware that a family law case is ongoing concerning a child who is the subject of a suspected child abuse investigation, CWS must inform Family Court Services of the pending investigation and any decisions it makes concerning the child abuse investigation. If CWS, or the law enforcement agency having jurisdiction, determines that further investigation is necessary, the agency making that determination must contact the other agency immediately so that all investigative efforts may be coordinated. (c) Welfare and Institutions Code section 329 Application - If CWS decides not to intervene, or fails to report to the reporting party within 10 days, any person may apply to the social worker pursuant to Welfare and Institutions Code section 329. In that application, the affiant must give notice and identifying information of any pending family law proceeding. A copy of the application must be sent to Family Court Services by the moving party. The social worker must respond to the application as soon as possible, or within three weeks after submission of the application (Welf. & Inst. Code, § 329). (See Appendix 4 for application and order form or use Judicial Council form JV-212, Application to Review Decision by Social Worker Not to Commence Proceedings.) (d) Suspension of Family Court Proceedings Pursuant To Welfare and Institutions Code section 300 Petition Filed In Juvenile Court - Upon the filing of a petition pursuant to Welfare and Institutions Code section 300 in the juvenile court, all custody and visitation proceedings in the family court are suspended. The juvenile court clerk will determine whether there is a family law court file concerning the child/ren named in the petition. If there is a family law court file, the juvenile clerk will send a copy of the notice required under Welfare and Institutions Code section 335 to the family law court. Upon receipt of such notice, the family law clerk will place such notice in the family law file. Thereafter, custody and visitation issues will be determined by the juvenile court. The family court will resume jurisdiction over custody and visitation issues only after termination of jurisdiction of the juvenile court. Upon termination of jurisdiction of the juvenile court, the clerk of the juvenile court will lodge a copy of the order terminating jurisdiction and any juvenile court custody order in the family court file. (e) Review of Dependency Decision - If CWS decides to initiate dependency proceedings after reviewing the application under Welfare and Institutions Code section 329, any person may apply to the juvenile court to review that decision pursuant to Welfare and Institutions Code section 331. The application for court review must include a copy of the application made pursuant to Welfare and Institutions Code section 329. The juvenile court will rule on the application as soon as possible, and in no event later than 30 days after receipt of the application. (f) Informal Supervision Agreement - If, during the CWS worker’s investigation, one or both parents reach an informal supervision agreement pursuant to Welfare and Institutions Code section 331, a copy of that agreement must be sent immediately to CWS, to Family Court Services, to family court, and to each parent. (g) Family Code section 3150, Appointment of Counsel - During family court proceedings in which allegations of child abuse have been made, the family court judge may appoint counsel for the child/ren (Fam. Code, § 3150) to protect the child/ren’s interests and/or to expedite the policy stated herein and carry out the terms of this protocol. (h) Coordination of Cases - At any time during the process described herein, the supervising judges and bench officers of the family and juvenile courts are encouraged to discuss, generally, problems relating to the coordination of cases involving child abuse allegations. Nothing in this section will be construed to permit judicial officers to discuss the specific facts of any certain case. (07/01/00) (Revised 01/01/07, 07/01/11, 01/01/20) Rule 1123 - Juvenile Dependency, Juvenile Delinquency, Family, and Probate Courts Exchange of Information This rule addresses the exchange of information between Family Court Services staff (FCS), Juvenile Probation Department staff (JPD), and the Child Welfare Services staff (CWS). The disclosure of information concerning children and their parents and caretakers by any of these agencies to each other is generally prohibited by law, unless specifically authorized by court rule or order. Nevertheless, a limited exchange of information about children or their parents or caretakers will serve the best interests of the child who is before the court and the administration of justice. The court hereby finds that the best interest of children appearing before the juvenile and family courts, the public interest in avoiding duplication of effort by the courts and by the investigative agencies serving the juvenile and family courts, and the value of having relevant information gathered by a court or court-serving agency outweighs the confidentiality interests reflected in Penal Code sections 11167 and 11167.5, Welfare and Institutions Code sections 827 and 10850, Family Code section 1818, and therefore good cause exists for the following rule: (a) Abuse/Neglect - FCS and JPD staff may orally and in limited written form disclose to CWS staff who are investigating a suspected child abuse or neglect case the following information: (1) Whether the child, his/her parents, guardians, or caretakers are or have been the subject of a custody, delinquency, or probate investigation, the findings and status of that investigation, the recommendations made or anticipated to be made to the court by FCS or JPD, and any court orders in existence with respect to the child, parents, guardians, or caretakers. (2) Any statement made by the child or the child’s parents, guardians, or caretakers which might bear upon the issue of the child’s best interests in the pending child abuse or neglect case. In addition, FCS or JPD staff may give to CWS staff who are investigating or supervising a suspected child abuse case a copy of any court orders. (3) CWS may include this information in court reports and keep such information in their case files. (b) Custody Disputes - JPD or CWS staff may orally (or in limited written form) disclose to FCS staff who are mediating or investigating a child custody dispute the following information: (1) Whether the child, or his/her parents or caretaker, are or have been the subject of a child abuse, neglect, probate, or delinquency investigation, the findings and status of that investigation, the recommendations made or anticipated to be made to the court by CWS or JPD, and any court orders in existence with respect to the child, parents, guardian, or caretaker. (2) Any statements made by the child or the child’s parents, guardians, or caretakers which might bear upon the issue of the child’s best interests in the pending family court matter. In addition, JPD or CWS may give to FCS staff who are investigating a child custody dispute a copy of any court orders. (3) FCS may include this information in court reports and keep such information in their case files. (c) Delinquency - FCS or CWS staff may orally (or in limited written form) disclose to JPD staff who are investigating a delinquency case the following information: (1) Whether the child, or his/her parents or caretaker, are or have been the subject of a child abuse, neglect, custody, or probate investigation, the findings and status of that investigation, the recommendations made or anticipated to be made to the court by CWS or FCS staff, and any court orders in existence with respect to the child, parent, guardian, or caretaker. (2) Any statements made by the child or the child’s parents, guardians, or caretakers which might bear upon the issue of the proceeding. In addition, FCS and CWS staff may give to JPD staff who are investigating or supervising a delinquency matter a copy of any court orders. (3) JPD may include this information in court reports and keep such information in their case files. (07/01/00) (Revised 01/01/07) Rule 1124 - Exchange of Information among CWS, Service Providers, and Schools in Juvenile - Dependency Cases This rule addresses the exchange of information among Child Welfare Services staff (CWS), any persons who are providing or have provided mental health, counseling, or medical treatment services to a parent, guardian, or child as a part of a child welfare services case plan (“Service Providers”), and schools where any dependent child in the case is attending or has attended (“Schools”). The disclosure of confidential information among CWS, Service Providers, and Schools is generally prohibited by law, unless specifically authorized by written consent or by court rule or order. Nevertheless, an exchange of information about children and their parents or guardians as needed to implement, develop, and monitor the child welfare services case plan will serve the best interests of the child who is before the court and the administration of justice. The court hereby finds that the best interest of children appearing before the juvenile courts and the value of having relevant information gathered by a court or court-serving agency outweighs the confidentiality interests reflected in Civil Code sections 56 et. seq., Welfare and Institutions Code sections 827, 4514, and 10850, 42 Code of Federal Regulations, part 2, and provisions providing for confidentiality of school records, including Education Code section 49602, and therefore good causes exists for the following rule: With respect to each juvenile dependency case, CWS, all Service Providers, and all Schools holding records concerning any of the children in the case must mutually exchange information verbally and in writing as needed to assist in implementing, rendering, and monitoring the services identified in the case plan. All Service Providers and Schools at which the children attend, or have attended, are ordered to prepare and release to the social worker, all progress reports concerning the parent/guardian(s) and child(ren) in connection with services for education, counseling, training, mental health treatment, substance abuse, alcohol treatment, or medical treatment provided in connection with the service plan in the case. Any party who objects to the exchange of information as provided under this rule may seek a protective order by oral motion at any hearing or by bringing a formal motion. (07/01/00) (Revised 01/01/07) Rule 1125 - Domestic Violence Coordination Rules Domestic Violence Coordination Rules Court Communication It is this court’s goal to coordinate domestic violence orders. It is the clerk’s responsibility, prior to any hearing requesting protective orders and/or child custody and/or visitation orders, to determine if any such orders have already been issued as to the same parties or children in any other department by accessing the court’s case management system and California Court Protective Order Registry (CCPOR). The court’s criminal, family, and juvenile law departments shall use all reasonable efforts to communicate and exchange information with each other in regards to any domestic violence orders. Avoiding Conflicting Orders No department of the family or juvenile court shall knowingly issue a protective order or custody order in conflict with an order of the criminal court. In the event such an order issues inadvertently, the orders of the criminal law proceeding shall have priority. Modification of Criminal Orders A court issuing a criminal protective order may, after review of any existing family or juvenile court orders, modify the criminal protective order to allow or restrict contact between the restrained person and his or her children, spouse, or other protected person. Coexisting Criminal and Family or Juvenile Orders A family or juvenile court order may coexist with a criminal court protective order, subject to the following: (a) Any order that permits contact between the restrained person and his or her children shall provide for the safe exchange of the children and shall not contain language either printed or handwritten that violates a “No Contact Order” issued by a criminal court. (b) Safety of all parties shall be the courts’ paramount concern. The family or juvenile court order shall specify the time, day, place, and manner of transfer of the child, as provided in Family Code section 3100. Issuance and Enforcement of Restraining Order Upon granting of relief (through initial petition, modification, or termination), the clerk shall convey within 24 hours a file-endorsed copy of the order to the Tulare County Sheriff’s Department (TCSO) for input into CLETS, a statewide computerized registration system for restraining orders, or to the court CLETS administrator upon that program becoming operational. (01/01/11) (Revised 07/01/11)
Rule 1114 - Inspection and Disclosure of Juvenile Court Records (Omitted 07/01/26) Rule 1115 - Ex Parte Restraining Orders - Juvenile Dependency Pursuant to Welfare and Institutions Code section 213.5 and in accordance with its provisions, the juvenile court may issue ex parte orders and other orders necessary for protection of the minor. Hearings pursuant to this section may be held simultaneousl
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 96 to 103, printed pages 96 to 103) 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.
Division XI: information forms for data processing (Rule 11.2); required action - action taken on all calendared cases and a future date always set (Rule 11.19); and pro tem judges - an attorney named as a plaintiff in a civil or small claims case may not sit as a judge pro-tem during the case or within six months following its resolution, nor one named as a defendant in two or more such cases (Rule 11.22). Rules 11.1, 11.3 to 11.5, 11.7 to 11.18, 11.20 and 11.21 are repealed, and Rule 11.6 (voluntary arbitration; see Local Rule 10.2) was repealed and renumbered.
Duval County's indigent-defense and magistration rules under the Texas Fair Defense Act (S.B. 7): who may be booked into the county jail and on what paper; arrest-case numbering; presentment to a magistrate within 48 hours (art. 15.16); the magistrate's warnings, counsel inquiry, interpreter duty, indigence determination and appointment of counsel within 24 hours of a request; the alternative appointment plan under art. 26.04(g)-(h) with annual applications, seven attorney categories (capital, first and second degree, third degree/state jail/misdemeanor, competency, appeals, post-conviction, extradition), CLE and experience standards, random rotation within each category, written acceptance within 48 hours, first contact by the end of the next working day, replacement and suspension of counsel, fee applications within five days of completing services and the compensation attachment ($500 pleas; $175/$150 hourly; $1,400 per jury-trial day; appellate caps); bail schedules by offense class with a personal bond office (fee $20 or 3%), pre-trial supervision and revocation hearings within two working days; arraignment settings and notice; repeal of conflicting rules.