AMENDMENT TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on May 11, 2022, effective September 1, 2022 1 Rule 3.1160. Requests for protective orders to prevent civil harassment, workplace 2 violence, private postsecondary school violence, and elder or dependent adult abuse 3 ..................................................................................................................................... 2 4 Rule 5.220. Court-ordered child custody evaluations ................................................ 2 5 Rule 5.555.

Hearing to consider termination of juvenile court jurisdiction over a 6 nonminor— dependents or wards of the juvenile court in a foster care placement and 7 nonminor dependents (§§ 224.1(b), 303, 366.31, 391, 451, 452, 607.2, 607.3, 8 16501.1(g)(16)) ........................................................................................................... 3 9 Rule 5.570. Request to change court order (petition for modification) ..................... 8 10 Rule 5.906.

Request by nonminor for the juvenile court to resume jurisdiction 11 (§§ 224.1(b), 303, 388(e), 388.1) ................................................................................ 9 12 13 14

2 Rule 3.1160. Requests for protective orders to prevent civil harassment, workplace 1 violence, private postsecondary school violence, and elder or dependent adult 2 abuse 3 4 (a)–(b) * * * 5 6 (

c) Service of requests, notices, and orders 7 8

(1) Except as provided in (2), tT he request for a protective order, notice of 9 hearing, and any temporary restraining order, must be personally served on 10 the respondent at least five days before the hearing, unless the court for good 11 cause orders a shorter time. Service must be made in the manner provided by 12 law for personal service of summons in civil actions. 13 14

(2) The court may specify another method of service for a request for a civil 15 harassment protective order brought under Code of Civil Procedure

section 16 527.6 if the court determines that the petitioner has been unable to 17 accomplish personal service, and that there is reason to believe that the 18 respondent is evading service or cannot be located. 19 20 (Subd (

c) amended effective September 1, 2022; previously amended effective January 1, 21 1993, January 1, 2007, January 1, 2012.) 22 23 (d)–(e) * * * 24 25 Rule 3.1160 amended effective September 1, 2022; adopted as rule 363 effective January 1, 1984; 26 previously amended effective January 1, 1993, July 1, 1995, January 1, 2000, January 1, 2002, 27 and January 1, 2012; previously amended and renumbered as rule 3.1152 effective January 1, 28 2007; previously renumbered effective January 1, 2019. 29 30 Rule 5.220. Court-ordered child custody evaluations 31 32 (a)–(f) * * * 33 34 (

g) Confidential written report; requirements 35 36

(1) Family Code

section 3111 evaluations. An evaluator appointed under Family 37 Code

section 3111 must do all of the following: 38 39 (

A) F ile and serve a report on the parties or their attorneys and any attorney 40 appointed for the child under Family Code

section 3150; and 41 42

3 (

B) Attach a Notice Regarding Confidentiality of Child Custody Evaluation 1 Report Under Family Code

Section 3111 (form FL-328) as the first 2 page of the child custody evaluation report when a court-ordered child 3 custody evaluation report is filed with the clerk of the court and served 4 on the parties or their attorneys, and any counsel appointed for the 5 child, to inform them of the confidential nature of the report and the 6 potential consequences for the unwarranted disclosure of the report. 7 8

(2) Family Code

section 3118 evaluations. An evaluator appointed to conduct a 9 child custody evaluation, investigation, or assessment based on (1) a serious 10 allegation of child sexual abuse; or (2) an allegation of child abuse under 11 Family Code

section 3118 must do all of the following: 12 13 (

A) Provi de a full and complete analysis of the allegations raised in the 14 proceeding and address the health, safety, welfare, and best interests of 15 the child, as ordered by the court; and 16 17 (

B) Complete, file, and serve Confidential Child Custody Evaluation 18 Report Under Family Code

Section 3118 (form FL-329) on the parties 19 or their attorneys and any attorney appointed for the child under Family 20 Code

section 3150. 21 22 (

C) Attach Notice Regarding Confidentiality of Child Custody Evaluation 23 Report (form FL-328) as the first page of the child custody evaluation 24 report in (

B) to inform the parties or their attorneys of the confidential 25 nature of the report and the potential consequences for the unwarranted 26 disclosure of the report. 27 28 (Subd (

g) amended effective September 1, 2022; adopted effective January 1, 2021.) 29 30 (h)–(k) * * * 31 32 Rule 5.220 amended effective September 1, 2022; adopted as rule 1257.3 effective January 1, 33 1999; previously amended and renumbered effective January 1, 2003; previously amended 34 effective July 1, 1999, July 1, 2003, January 1, 2004, January 1, 2007, January 1, 2010, and 35 January 1, 2021. 36 37 38 Rule 5.555. Hearing to consider termination of juvenile court jurisdiction over a 39 nonminor— dependents or wards of the juvenile court in a foster care 40

4 placement and nonminor dependents (§§ 224.1(b), 303, 366.31, 391, 451, 452, 1 607.2, 607.3, 16501.1(g)(16)) 2 3 (

a) Applicability 4 5

(1) This rule applies to any hearing during which the termination of the juvenile 6 court’s jurisdiction over the following nonminors will be considered: 7 8 (A)-(B) * * * 9 10 (

C) A ward who was subject to an order for foster care placement at the 11 time he or she the ward attained 18 years of age, or a dependent of the 12 juvenile court who is 18 years of age or older and is living in the home 13 of the parent or former legal guardian. 14 15

(3) This rule does not apply to a hearing on a petition for a nonminor to exit and 16 reenter care to establish eligibility for federal financial participation under 17

section 388(f). Those petitions may be decided with or without a hearing 18 using mandatory forms Petition and Order to Exit and Reenter Jurisdiction— 19 Nonminor Dependent (form JV-469) and Findings and Orders Regarding 20 Exit and Reentry of Jurisdiction—Nonminor Dependent (form JV-471). 21 22 (Subd (

a) amended effective September 1, 2022; previously amended effective July 1, 2012, 23 and January 1, 2014.) 24 25 (b) * * * 26 27 (

c) Reports 28 29

(1) The report prepared by the social worker or probation officer for a hearing 30 under this rule must, in addition to any other elements required by law, 31 include: 32 33 (A) * * * 34 35 (

B) The specific criteria in

section 11403(

b) met by the nonminor that make 36 him or her the nonminor eligible to remain under juvenile court 37 jurisdiction as a nonminor dependent as defined in

section 11400(v); 38 39 (

C) For a nonminor to whom the Indian Child Welfare Act applies, when 40 and how the nonminor was provided with information about the right to 41 continue to be considered an Indian child for the purposes of the 42

5 ongoing application of the Indian Child Welfare Act to him or her as a 1 the nonminor; 2 3 (D)— (F) * * * 4 5 (

G) When and how the nonminor was informed that if juvenile court 6 jurisdiction is terminated, the court maintains general jurisdiction over 7 him or her the nonminor for the purpose of resuming jurisdiction and 8 he or she the nonminor has the right to file a request to return to foster 9 care and have the juvenile court resume jurisdiction over him or her the 10 nonminor as a nonminor dependent until he or she the nonminor has 11 attained the age of 21 years; 12 13 (

H) When and how the nonminor was informed that if juvenile court 14 dependency jurisdiction or transition jurisdiction is continued over him 15 or her, he or she the nonminor has the right to have that jurisdiction 16 terminated; 17 18 (

I) If the social worker or probation officer has reason to believe that the 19 nonminor will not appear at the hearing, documentation of the basis for 20 that belief, including: 21 22 (

i) Documentation of the nonminor’s statement that he or she the 23 nonminor does not wish to appear in person or by telephone for 24 the hearing; or 25 26 (ii) Documentation of reasonable efforts to find the nonminor when 27 his or her the nonminor’s location is unknown; 28 29 (J)— (K) * * * 30 31 (2)— (4) * * * 32 33 (Subd (

c) amended effective September 1, 2022; previously amended effective July 1, 2012, 34 January 1, 2014, January 1, 2017, and January 1, 2021.) 35 36 (

d) Findings and orders 37 38 The court must, in addition to any other determinations required by law, make the 39 following findings and orders and include them in the written documentation of the 40 hearing: 41 42

(1) Findings 43

6 1 (

A) Whether the nonminor had the opportunity to confer with his or her the 2 nonminor’s attorney about the issues currently before the court; 3 4 (B)—(C) * * * 5 6 (

D) For a nonminor to whom the Indian Child Welfare Act applies, whether 7 the nonminor was provided with information about the right to continue 8 to be considered an Indian child for the purposes of the ongoing 9 application of the Indian Child Welfare Act to him or her the nonminor; 10 11 (E)—(G) * * * 12 13 (

H) Whether the nonminor has been informed that if juvenile court 14 jurisdiction is continued, he or she the nonminor may have the right to 15 have juvenile court jurisdiction terminated and that the court will 16 maintain general jurisdiction over him or her the nonminor for the 17 purpose of resuming dependency jurisdiction or assuming or resuming 18 transition jurisdiction over him or her the nonminor as a nonminor 19 dependent; 20 21 (

I) Whether the nonminor has been informed that if juvenile court 22 jurisdiction is terminated, he or she the nonminor has the right to file a 23 request to return to foster care and have the juvenile court resume 24 jurisdiction over him or her the nonminor as a nonminor dependent 25 until he or she the nonminor has attained the age of 21 years; 26 27 (J)—(K) * * * 28 29 (

L) Whether the nonminor’s: 30 31 (

i) Transitional Independent Living Case Plan, if required, includes a 32 plan for a placement the nonminor believes is consistent with his 33 or her the nonminor’s need to gain independence, reflects the 34 agreements made between the nonminor and social worker or 35 probation officer to obtain independent living skills, and sets out 36 the benchmarks that indicate how both will know when 37 independence can be achieved; 38 39 (ii) —(iii) * * * 40 41 (M)—(N) * * * 42 43

(2) Orders 1 2 (A) * * * 3 4 (

B) When juvenile court jurisdiction is continued for the nonminor to 5 remain in placement as a nonminor dependent: 6 7 (i) * * * 8 9 (ii) Continue the nonminor’s status as an Indian child for the 10 purposes of the ongoing application of the Indian Child Welfare 11 Act unless he or she the nonminor has elected not to have his or 12 her the nonminor’s status as an Indian child continued; and 13 14 (iii) Set a status review hearing under rule 5.903 within six months of 15 the date of his or her the nonminor’s most recent status review 16 hearing. 17 18 (C)—(D) * * * 19 20 (

E) For a nonminor who does not meet one or more of the eligibility 21 criteria of

section 11403(

b) and is not otherwise eligible to remain 22 under juvenile court jurisdiction or, alternatively, who meets one or 23 more of the eligibility criteria of

section 11403(

b) but either does not 24 wish to remain under the jurisdiction of the juvenile court as a 25 nonminor dependent or is not participating in a reasonable and 26 appropriate Transitional Independent Living Case Plan, the court may 27 order the termination of juvenile court jurisdiction only after entering 28 the following findings: 29 30 (i) * * * 31 32 (ii) The nonminor was informed of the options available to him or 33 her to assist with the transition from foster care to independence; 34 35 (iii) The nonminor was informed that if juvenile court jurisdiction is 36 terminated, he or she the nonminor has the right to file a request 37 to return to foster care and have the juvenile court resume 38 jurisdiction over him or her the nonminor as a nonminor 39 dependent until he or she the nonminor has reached 21 years of 40 age; 41 42 (iv) * * * 43

8 1 (

v) The nonminor had an opportunity to confer with his or her the 2 nonminor’s attorney regarding the issues currently before the 3 court; 4 5 (vi) * * * 6 7 (F) * * * 8 9 (Subd (

d) amended effective September 1, 2022; previously amended effective July 1, 2012, 10 July 1, 2013, January 1, 2014, January 1, 2016, January 1, 2017, and January 1, 2021.) 11 12 Rule 5.555 amended effective September 1, 2022; adopted effective January 1, 2012; previously 13 amended effective July 1, 2012, July 1, 2013, January 1, 2014, January 1, 2016, January 1, 2017, 14 and January 1, 2021.. 15 16 17 Rule 5.570. Request to change court order (petition for modification) 18 19 (a)–(j) * * * 20 21 (

k) Petitions for juvenile court to exit and reenter jurisdiction over nonminors 22 (§ 388(f)) 23 This rule does not apply to a hearing on a petition for a nonminor to exit and 24 reenter care to establish eligibility for federal financial participation under

section 25 388(f). Those petitions may be decided with or without a hearing using mandatory 26 forms Petition and Order to Exit and Reenter Jurisdiction—Nonminor Dependent 27 (form JV-469) and Findings and Orders Regarding Exit and Reentry of 28 Jurisdiction—Nonminor Dependent (form JV-471). 29 30 (Subd (

k) adopted effective September 1, 2022.) 31 32 Rule 5.570 amended effective September 1, 2022; adopted as rule 1432 effective January 1, 1991; 33 previously amended and renumbered as rule 5.570 effective January 1, 2007; previously 34 amended effective January 1, 1992, July 1, 1995, July 1, 2000, July 1, 2002, January 1, 2003, 35 January 1, 2009, January 1, 2010, January 1, 2014, January 1, 2016, January 1, 2019, and 36 January 1, 2020. 37 38

9 Rule 5.906. Request by nonminor for the juvenile court to resume jurisdiction 1 (§§ 224.1(b), 303, 388(e), 388.1) 2 3 (

a) Purpose 4 5

(1) Except as provided in (2), this rule provides the procedures that must be 6 followed when a nonminor wants to have juvenile court jurisdiction assumed 7 or resumed over him or her the nonminor as a nonminor dependent as defined 8 in subdivisions (

v) or (aa) of

section 11400. 9 10

(2) This rule does not apply to a petition for a nonminor to exit and reenter care 11 to establish eligibility for federal financial participation under

section 388(f). 12 Those petitions may be decided with or without a hearing using mandatory 13 forms Petition and Order to Exit and Reenter Jurisdiction—Nonminor 14 Dependent (form JV-469) and Findings and Orders Regarding Exit and 15 Reentry of Jurisdiction—Nonminor Dependent (form JV-471). 16 17 (Subd (

a) amended effective September 1, 2022; previously amended effective July 1, 2012, 18 January 1, 2014, and January 1, 2016.) 19 20 (

b) Contents of the request 21 22 (1) * * * 23 24

(2) The request must be liberally construed in favor of its sufficiency. It must be 25 verified by the nonminor or if the nonminor is unable to provide verification 26 due to a medical condition, the nonminor’s representative, and to the extent 27 known to the nonminor or the nonminor’s representative, must include the 28 following information: 29 30 (A)— (D) * * * 31 32 (

E) If the nonminor wants his or her the nonminor’s parents or former legal 33 guardians to receive notice of the filing of the request and the hearing, 34 the name and residence addresses of the nonminor’s parents or former 35 guardians; 36 37 (

F) The name and telephone number of the court-appointed attorney who 38 represented the nonminor at the time the juvenile court terminated its 39 dependency jurisdiction, delinquency jurisdiction, or transition 40 jurisdiction if the nonminor wants that attorney to be appointed to 41 represent him or her the nonminor for the purposes of the hearing on 42 the request; 43

10 1 (

G) If the nonminor is an Indian child within the meaning of the Indian 2 Child Welfare Act and chooses to have the Indian Child Welfare Act 3 apply to him or her the nonminor, the name of the tribe and the name, 4 address, and telephone number of his or her tribal representative; 5 6 (

H) If the nonminor had a Court Appointed Special Advocate (CASA) 7 when he or she the nonminor was a dependent or ward of the court and 8 wants the CASA to receive notice of the filing of the request and the 9 hearing, the CASA’s name; 10 11 (I)— (J) * * * 12 13 (3) * * * 14 15 (Subd (

b) amended effective September 1, 2022; previously amended effective July 1, 2012, 16 and January 1, 2016.) 17 18 (

c) Filing the request 19 20 (1) * * * 21 22

(2) For the convenience of the nonminor, the form JV-466 and, if the nonminor 23 wishes to keep his or her the nonminor’s contact information confidential, the 24 Confidential Information—Request to Return to Juvenile Court Jurisdiction 25 and Foster Care (form JV-468) may be: 26 27 (A) * * * 28 29 (

B) Submitted to the juvenile court in the county in which the nonminor 30 currently resides, after which: 31 32 (

i) The court clerk must record the date and time received on the 33 face of the originals submitted and provide a copy of the originals 34 marked as received to the nonminor at no cost to him or her the 35 nonminor. 36 37 (ii)—(v) * * * 38 39 (

C) For a nonminor living outside the state of California, the form JV-466 40 and, if the nonminor wishes to keep his or her the nonminor’s contact 41 information confidential, the form JV-468 must be filed with the 42 juvenile court of general jurisdiction. 43

11 1 (3)—(5) * * * 2 3 (Subd (

c) amended effective September 1, 2022; previously amended effective July 1, 2012, 4 and January 1, 2016.) 5 6 (

d) Determination of prima facie showing 7 8

(1) Within three court days of the filing of form JV-466 with the clerk of the 9 juvenile court of general jurisdiction, a juvenile court judicial officer must 10 review the form JV-466 and determine whether a prima facie showing has 11 been made that the nonminor meets all of the criteria set forth below in 12 (d)(1)(A)–(

D) and enter an order as set forth in (d)(2) or (d)(3). 13 14 (

A) The nonminor is eligible to seek assumption of dependency jurisdiction 15 under the provisions of

section 388.1(c), or the nonminor was 16 previously under juvenile court jurisdiction subject to an order for 17 foster care placement on the date he or she the nonminor attained 18 18 years of age, including a nonminor whose adjudication was vacated 19 under Penal Code

section 236.14; 20 21 (B)—(D) * * * 22 23 (2)—(3) * * * 24 25 (Subd (

d) amended effective September 1, 2022; previously amended effective July 1, 2012, 26 January 1, 2014, January 1, 2016, and January 1, 2019.) 27 28 (

e) Appointment of attorney 29 30

(1) If the nonminor included on the form JV-466 a request for the appointment of 31 the court-appointed attorney who represented the nonminor during the period 32 of time he or she the nonminor was a ward or dependent or nonminor 33 dependent, the judicial officer must appoint that attorney solely for the 34 hearing on the request, if the attorney is available to accept such an 35 appointment. 36 37

(2) If the nonminor did not request the appointment of his or her the nonminor’s 38 former court-appointed attorney, the judicial officer must appoint an attorney 39 to represent the nonminor solely for the hearing on the request. The attorney 40 must be selected from the panel or organization of attorneys approved by the 41 court to represent children in juvenile court proceedings. 42 43

(3) In additio n to complying with the requirements in (g)(1) for service of notice 1 of the hearing, the juvenile court clerk must notify the attorney of his or her 2 the appointment as soon as possible, but no later than one court day from the 3 date the order for his or her of appointment was issued under (d)(3). This 4 notification must be made by telephone, fax, e-mail, or other method 5 approved by the presiding juvenile court judge that will ensure prompt 6 notification.

The notice must also include the nonminor’s contact information 7 and inform the attorney that a copy of the form JV-466 will be served on him 8 or her the attorney and that one is currently available in the office of the 9 juvenile court clerk. 10 11

(4) If the request is granted, the court must continue the attorney’s appointment 12 to represent the nonminor regarding matters related to his or her the 13 nonminor’s status as a nonminor dependent until the jurisdiction of the 14 juvenile court is terminated, unless the court finds that the nonminor would 15 not benefit from the appointment of an attorney. 16 17 (A)— (B) * * * 18 19

(5) Representation of the nonminor by the court- appointed attorney for the 20 hearing on the request to return to juvenile court jurisdiction and for matters 21 related to his or her the nonminor’s status as a nonminor dependent must be 22 at no cost to the nonminor. 23 24 (6) (6) * * * 25 26 (Subd (

e) amended effective September 1, 2022; previously amended effective July 1, 27 2012.) 28 29 (f) * * * 30 31 (

g) Notice of hearing 32 33

(1) The juvenile court clerk must serve notice as soon as possible, but no later 34 than five court days before the date the hearing is set, as follows: 35 36 (A) * * * 37 38 (

B) The notice of the date, time, place, and purpose of the hearing must be 39 served on the nonminor’s parents only if the nonminor included in the 40 form JV-466 a request that notice be provided to his or her the 41 nonminor’s parents. 42 43

13 (

C) The notice of the date, time, place, and purpose of the hearing must be 1 served on the nonminor’s tribal representative if the nonminor is an 2 Indian child and indicated on the form JV-466 his or her the 3 nonminor’s choice to have the Indian Child Welfare Act apply to him 4 or her the nonminor as a nonminor dependent. 5 6 (

D) The notice of the date, time, place, and purpose of the hearing must be 7 served on the local CASA office if the nonminor had a CASA and 8 included on the form JV-466 a request that notice be provided to his or 9 her the nonminor’s former CASA. 10 11 (2)—(4) * * * 12 13 (Subd (

g) amended effective September 1, 2022; previously amended effective July 1, 2012, 14 and January 1, 2019.) 15 16 (

h) Reports 17 18

(1) The social worker, probation officer, or Indian tribal agency case worker 19 (tribal case worker) must submit a report to the court that includes: 20 21 (

A) Confirmation that the nonminor was previously under juvenile court 22 jurisdiction subject to an order for foster care placement when he or she 23 the nonminor attained 18 years of age and that he or she the nonminor 24 has not attained 21 years of age, or is eligible to petition the court to 25 assume jurisdiction over the nonminor pursuant to

section 388.1; 26 27 (

B) The condition or conditions under

section 11403(

b) that the nonminor 28 intends to satisfy; 29 30 (C) —(F) * * * 31 32

(2) At least two court days before the hearing, the social worker, probation 33 officer, or tribal case worker must file the report and any supporting 34 documentation with the court and provide a copy to the nonminor and to his 35 or her the nonminor’s attorney of record; and 36 37 (3) * * * 38 39 (Subd (

h) amended effective September 1, 2022; previously amended effective July 1, 2012, 40 January 1, 2014, and January 1, 2016.) 41

14 (

i) Findings and orders 1 2 The court must read and consider, and state on the record that it has read and 3 considered, the report; the supporting documentation submitted by the social 4 worker, probation officer, or tribal caseworker; the evidence submitted by the 5 nonminor; and any other evidence. The following judicial findings and orders must 6 be made and included in the written court documentation of the hearing. 7 8

(1) Findings 9 10 (A) * * * 11 12 (

B) Whether the nonminor was previously under juvenile court jurisdiction 13 subject to an order for foster care placement when he or she the 14 nonminor attained 18 years of age, or meets the requirements of 15 subparagraph (5) of subdivision (

c) of

section 388.1; 16 17 (C)—(G) * * * 18 19 (

H) Whether a nonminor who is an Indian child chooses to have the Indian 20 Child Welfare Act apply to him or her the nonminor as a nonminor 21 dependent. 22 23

(2) Orders 24 25 (

A) If the court finds that the nonminor has not attained 21 years of age, 26 that the nonminor intends to satisfy at least one condition under

section 27 11403(b), and that the nonminor and placing agency have entered into a 28 reentry agreement, the court must: 29 30 (i)—( ii) * * * 31 32 (iii) Order the social worker or probation officer to consult with the 33 tribal representative regarding a new Transitional Independent 34 Living Case Plan for the nonminor who chooses to have the 35 Indian Child Welfare Act apply to him or her the nonminor as a 36 nonminor dependent and who is not under the supervision of a 37 tribal case worker; 38 39 (iv)—(v) * * * 40 41 (B)—(C ) * * * 42 43

15 (3) * * * 1 2 (Subd (

i) amended effective September 1, 2022; previously amended effective July 1, 2012, 3 January 1, 2014, January 1, 2016, and January 1, 2019.) 4 5 Rule 5.906 amended effective September 1, 2022; adopted effective January 1, 2012; previously 6 amended effective July 1, 2012, January 1, 2014, January 1, 2016, and January 1, 2019. 7