AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on May 1 5, 2020, effective September 1, 2020 Rule 3.1161. Request to make minor’s information confidential in civil harassment 1 protective order proceedings ................................................................ .................. 2 2 Rule 4.130. Mental competency proceedings ................................ ......................... 5 3 Rule 5.382.

Request to make minor’s information confidential in domestic violence 4 protective order proceedings ................................................................ .................. 7 5 Rule 5.552. Confidentiality of records (§§ 827, 827.12, 828) ................................ 11 6 Rule 5.640. Psychotropic medications ................................................................ .13 7 Rule 5.642. Authorization to release psychotropic medication prescription 8 information to Medical Board of California .......................................................... 17 9 Rule 5.649.

Right to make educational or developmental-services decisions ......... 18 10 Rule 5.706. Family maintenance review hearings (§ 364) .................................... 21 11 Rule 5.708. General review hearing requirements ................................................ 22 12 Rule 5.810. Reviews, hearings, and permanency planning.................................... 23 13 Rule 8.401. Confidentiality ................................................................................. 23 14 Rule 8.851. Appointment of appellate counsel ..................................................... 25 15 16

Rule 3.1161. Request to make minor’s information confidential in civil harassment 1 protective order proceedings 2 3 (

a) Application of rule4 5 This rule applies to requests and orders made under Code of Civil Procedure

section 6 527.6(

v) to keep a minor’s information confidential in a civil harassment protective 7 order proceeding. 8 9 Wherever used in this rule, “legal guardian” means either parent if both parents 10 have legal custody, or the parent or person having legal custody, or the guardian, of 11 a minor. 12 13 (b)–(f) * * * 14 15 (

g) Factors in selecting redaction procedures * * *16 17 (Subd (

g) amended effective September 1, 2020. 18 19 (

h) Sharing of information about a protected minor Releasing minor’s confidential 20 information 21 22

(1) Sharing Sharing of information with the respondent To respondent23 24 Information about a protected minor must be released to the respondent only 25 as provided in Code of Civil Procedure

section 527.6(v)(4) (B)(A)(ii), limited 26 to information necessary to allow the respondent to respond to the request for 27 the protective order and to comply with the confidentiality order and the 28 protective order.29 30

(2) Sharing Sharing of information with law enforcement To law enforcement31 32 Information about a protected minor must be shared with law enforcement 33 only as provided in Code of Civil Procedure

section 527.6(v)(4)(A) (

i) or by 34 court order.35 36

(3) To other er persons37 38 If the court finds it is necessary to prevent harassment or is in the best interest 39 of the minor, the court may release confidential information on the request of 40 any person or entity or on the court’s own motion.41 42 (

A) Request Request for release of confidential information43 2

(

i) Any person Any person or entity may request the release of confidential 1 information by filing Request for Release of Minor’s Confidential 2 Information (form CH-176) and a proposed, Order on Request for 3 Release of Minor’s Confidential Information (form CH-179), with 4 the court. 5 6 (ii) Within Within 10 days after filing form CH-176 with the clerk, the clerk 7 must serve, by first -class mail, the following documents on the 8 minor or legal guardian who made the request to keep the minor’s 9 information confidential:10 11 a. Cover Cover Sheet for Confidential Information (form CH-175);12 13 b.

Request Request for Release of Minor’s Confidential Information (form 14 CH-176);15 16 c. Notice Notice of Request for Release of Minor’s Confidential 17 Information (form CH-177);18 19 d. Response Response to Request for Release of Minor’s Confidential 20 Information (form CH-178) (blank copy);21 22 e. Order Order on Request for Release of Minor’s Confidential 23 Information (form CH-179).24 25 (

B) Opportunity pportunity to object26 27 (

i) The person The person who made the request for confidentiality has the right 28 to object by filing form CH-178 within 20 days from the date of 29 the mailing of form CH -177, or verbally objecting at a hearing, if 30 one is held.31 32 (ii) The person The person filing a response must serve a copy of the response 33 (form CH-178) on the person requesting release of confidential 34 information . Service must occur before filing the response form 35 with the court unless the response form contains confidential 36 information.

If the response form contains confidential 37 information, service must be done as soon as possible after the 38 response form has been redacted. 39 40 (iii) If the person erson who made the request for confidentiality objects to 41 the release of information, the court may set the matter for a closed 42 hearing.43 44 3

(

C) Rulings1 2 The request may be granted or denied in whole or in part without a hearing . 3 Alternatively, the court may set the matter for hearing on at least 10 days’ 4 notice to the person who made the request for release of confidential 5 informat ion and the person who made the request for confidential information. 6 Any hearing must be confidential. 7 8 (

i) Order Order granting release of confidential information9 10 a. The order The order The order (form CH-179) granting the release of confidential 11 information must be prepared in a manner consistent with the 12 procedures outlined in (f).13 14 b. A redacted A redacted copy of the order (form CH-179) must be filed in a 15 public file and an unredacted copy of the order must be filed in 16 a confidential file.17 18 c.

Service19 20 If the court grants the request for release of information based 21 on the pleadings, the court must mail a copy of form CH -179 to 22 the person who filed form CH -176 and the person who made 23 the request to keep the minor’s information confidential. 24 Parties may be served in court if present at the hearing.25 26 (ii) Order denying request to release minor’s confidential information27 28 a. The court The court may deny a request to release confident ial 29 information based on the request alone.30 31 b.

The order The order The order (form CH-179) denying the release of confidential 32 information must be filed in a public file and must not include 33 any confidential information. 34 35 c. Service36 37 If the court denies the request for release o f information based 38 on the pleadings, the court must mail a copy of form CH -179 to 39 the person who filed form CH -176 and the person who made 40 the request to keep the minor’s information confidential. 41 Parties may be served in court if present at the hearing.42 43 4

(iii) If the court If the court finds that the request to release confidential 1 information is insufficiently specific to meet the requirements 2 under Code of Civil Procedure

section 527.6(v)(4)(C), the court 3 may conduct a closed hearing to determine if there are additi onal 4 facts that would support granting the request. The court may 5 receive any relevant evidence, including testimony from the person 6 requesting the release of a minor’s confidential information, the 7 minor, the legal guardian, the person who requested the r estraining 8 order, or other competent witness. 9 10 (Subd (

h) amended effective September 1, 2020.) 11 12 (

i) Protecting information in subsequent filings and other civil cases13 14 (1) * * *15 16

(2) Other civil case17 18 (

A) Information Information subject to an order of confidentiality issued under Code of 19 Civil Procedure

section 527.6(

v) must be kept confidential in any other 20 civil case with the same parties.21 22 (

B) The minor he minor or person making the request for confidentiality and any 23 person who has been served with a notice of confidentiality m ust submit 24 a copy of the order of confidentiali ty (form CH-165) in any other civil 25 case involving with the same parties.26 27 (Subd (

i) amended effective September 1, 2020.) 28 29 Rule 3.1161 amended effective September 1, 2020; adopted effective January 1, 2019. 30 31 Rule 4.130. Mental competency proceedings 32 33 (a)–(c) * * *34 35 (

d) Examination of defendant after initiation of mental competency proceedings36 37 (1) * * *38 39

(2) Any court-appointed appointed experts must examine the defendant and advise the 40 court on the defendant’s competency to stand trial. Experts’ reports are to be 41 submitted to the court, counsel for the defendant, and the prosecution. The 42 report must include the followi ng:43 5

1 (

A) A brief brief statement of the examiner’s training and previous experience as 2 it relates to examining the competence of a criminal defendant to stand 3 trial and preparing a resulting report;4 5 (

B) A

summary

summary of the examination conducted by the examiner on the 6 defendant, including a

summary of the defendant’s mental status, a 7 diagnosis under the most recent version of the Diagnostic and 8 Statistical Manual of Mental Disorders , if possible, of the defendant’s 9 current mental health disorder or disorders, and a statement as to 10 whether symptoms of the mental health disorder or disorders which 11 motivated the defen dant’s behavior would respond to mental health 12 treatment;13 14 (

C) A detailed detailed analysis of the competence of the defendant to stand trial 15 using California’s current legal standard, including the defendant’s 16 ability or inability to understand the nature of the criminal proceedings 17 or assist counsel in the conduct of a defense in a rational manner as a 18 result of a mental health disorder;19 20 (D)–(G) * * * 21 22 (3) * * *23 24 (Subd (

d) amended effective September 1, 2020; previously amended effective January 1, 25 2018, and January 1, 2020.) 26 27 (e)-(f) * * * 28 29 (

g) Diversion of a person eligible for commitment under

section 1370 or 1370.0130 31 (1)–(3) * * * 32 33

(4) A finding A finding that the defendant suffers from a mental health disorder or 34 disorders rendering the defendant eligible for diversion, any progres s reports 35 concerning the defendant’s treatment in diversion, or any other records 36 related to a mental health disorder or disorders that were created as a result of 37 participation in, or completion of, diversion or for use at a hearing on the 38 defendant’s eligibility for diversion under this section, may not be used in 39 any other proceeding without the defendant’s consent, unless that information 40 is relevant evidence that is admissible under the standards described in

article 41 I,

section 28(f)(2) o f the California Constitution.42 43 (5)–(6) * * * 44 6

1 (Subd (

g) amended September 1, 2020; adopted effective January 1, 2020.) 2 3 (h) * * *4 5 Rule 4.130 amended effective September 1, 2020; adopted effective January 1, 2007; previously 6 amended effective January 1, 2018, and January 1, 2020. 7 8 Advisory Committee Comment 9 10 * * *11 12 The expert reports, unless sealed under rule 2.550, are publicly accessible court documents. 13 14 * * *15 16 Rule 5.382. Request to make minor’s information confidential in domestic violence 17 protective order proceedings 18 19 (a)–(d) * * *20 21 (

e) Orders on request for confidentiality22 23 (1) * * *24 25

(2) Order Order granting request for confidentiality26 27 (A)–(C) * * *28 29 (

D) Service Service and copies30 31 The other party, or both parties if the person making the request for 32 confidentiality is not a party to the action, must be served with a copy of 33 the Request for Domestic Violence Restraining Order Request to Keep 34 Minor’s Information Confidential (form DV-160), Order on Request to 35 Keep Minor’s Information Confidential (form DV-165), and Notice of 36 Order Protecting Information of Minor (form DV-170), redacted if 37 required under (f)(4).38 39 The protected person and the person requesting confidentiality (if not the 40 protected person) must be provided up to three copies of redacted and 41 unredacted copies of any request or or der form.42 43 7

(3) * * *1 2 (Subd (

e) amended effective September 1, 2020.) 3 4 (f)–(g) * * *5 6 (

h) Sharing of information about a protected minor Releasing minor’s confidential 7 information 8 9

(1) Sharing Sharing of information with the respondent To respondent10 11 Information about a protected minor must be shared with the respondent only 12 as provided in Family Code

section 6301.5(d)(2)(1)(B), limited to information 13 necessary to allow the respondent to respond to the request for the protective 14 order and to comply with the confidentiality order and the protective order.15 16

(2) Sharing aring of information with law enforcement To law enforcement17 18 Information about a protected minor must be shared with law enforcement 19 only as provided in Family Code

section 6301.5(d)( 1)(

A) or by court order.20 21

(3) To other To other persons22 23 If the court finds it is necessary to prevent abuse within the meaning of Family 24 Code

section 6220 , or is in the best interest of the minor, the court may release 25 confidential information on the request of any person or entity or on the 26 court’s own motion.27 28 (

A) Request Request for release of confidential inform ation29 30 (

i) Any person Any person or entity may request the release of confidential 31 information by filing Request for Release of Minor’s Confidential 32 Information (form DV-176) and a proposed order, Order on 33 Request for Release of Minor’s Confidential Information (form 34 DV-179), with the court.35 36 (ii) Within Within 10 days after filing form DV -176 with the clerk, the clerk 37 must serve, by first -class mail, the following documents on the 38 minor or legal guardian who made the request to keep the minor’s 39 information confidential:40 41 a. Cover Cover Sheet for Confidential Information (form DV-175);42 43 8

b. Request Request for Release of Minor’s Confidential Information (form 1 DV-176);2 3 c. Notice Notice of Request for Release of Minor’s Confidential 4 Information (form DV-177);5 6 d. Response Response Response to Request for Release of Minor’s Confidential 7 Information (form DV-178) (blank copy);8 9 e. Order Order on Request for Release of Minor’s Confidential 10 Information (form DV-179).11 12 (

B) Opportunity pportunity to object13 14 (

i) The person The person who made the request for confidentiality has the right 15 to object by filing form DV-178 within 20 days from the date of 16 the mailing of form DV -177, or verbally objecting at a hearing, if 17 one is held.18 19 (ii) The person The person filing a response must serve a copy of the response 20 (form DV-178) on the person requesting release of confidential 21 information . Service must occur before filing the response form 22 with the court unless the response form contains confidential 23 information.

If the response form contains confidential 24 information, service must be done as soo n as possible after the 25 response form has bee n redacted. 26 27 (iii) If the person If the person who made the request for confidentiality objects to 28 the release of information, the court may set the matter for a closed 29 hearing.30 31 (

C) Rulings32 33 The request may be granted or denied in whole or in part without a hearing. 34 Alternatively, the court may set the matter for hearing on at least 10 days’ 35 notice to the person who made the request for release of confidential 36 information and the person who made the request for confidential inf ormation. 37 Any hearing must be confidential. 38 39 (

i) Order Order granting release of confidential information40 41 a. The order The order The order (form DV-179) granting the release of confidential 42 information must be prepared in a manner consistent with the 43 procedures outlined in (f).44 9

1 b. A redacted A redacted copy of the order (form DV-179) must be filed in a 2 public file and an unredacted copy of the order must be f iled in 3 a confidential file.4 5 c. Service6 7 If the court grants the request for release of information based 8 on the pleadings, the court must mail a copy of form DV -179 9 to the person who filed form DV -176 and the person who made 10 the request to keep the minor’s information confidential. 11 Parties may be served in court if present at the hearing.12 13 (ii) Order denying request to release minor’s confidential information14 15 a.

The court e court may deny a request to release confidential 16 information based on the request alone.17 18 b. The order The order The order (form DV-179) denying the release of confidential 19 information must be filed in a public file and must not include 20 any confident ial information. 21 22 c.

Service23 24 If the court denies the request for release of information based 25 on the pleadings, the court must mail a copy of form DV -179 26 to the person who filed form DV -176 and the person who made 27 the request to keep the minor’s information confidential. 28 Parties may be served in court if present at the hearing.29 30 (iii) If the court If the court finds that the request to release confidential 31 information is insufficiently specific to meet the requirements 32 under Family Code

section 6301.5(d)(3) , the court may conduct a 33 closed hearing to determine if there are additional facts that would 34 support granting the request. The court may receive any relevant 35 evidence, including testimony from the person requesting release 36 of the minor’s confidential information, the minor, the legal 37 guardian, the person who requested the restraining order, or other 38 competent witness.39 40 (Subd (

h) amended effective September 1, 2020.) 41 42 10

(

i) Protecting Protecting information in subsequent filings and other civil cases 1 2 (1) * * *3 4

(2) Other civil case5 6 (

A) Information subject to an order of confidentiality issued under Family 7 Code

section 6301.5 must be kept confidential in any family law case 8 and any other civil case with the same parties.9 10 (

B) The minor he minor or person making the request for confidentiality and any 11 person who has b een served with a notice of confidentiality must submit 12 a copy of the order of confidentiality (form DV -165) in any family law 13 case and any other civil case involving with the same parties.14 15 (Subd (

i) amended effective September 1, 2020.) 16 17 Rule 5.382 amended effective September 1, 2020; adopted effective January 1, 2019. 18 19 Rule 5.552. Confidentiality of records (§§ 827, 827.12, 828) 20 21 (a) * * *22 23 (

b) Petition24 25 Juvenile case files may be obtained or inspected only in accordance with sections 26 827, 827.12, and 828. They may not be obtained or inspected by civil or criminal 27 subpoena. With the exception of those persons permitted to inspect juvenile case 28 files without court authorization under sections 827 and 828, and the specific 29 requirements for accessing juvenile case f iles provided in

section 827.12(a)(1), 30 every person or agency seeking to inspect or obtain juvenile case files must petition 31 the court for authorization us ing Request for Disclosure of Petition for Access to 32 Juvenile Case File (form JV-570). A chief probation officer seeking juvenile court 33 authorization to access and provide data from case files in the possession of the 34 probation department under

section 827.12(a)(2) must comply with the 35 requirements of in subdivision (

e) of this rule. 36 37 (1)–(2) * * * 38 39 (Subd (

b) amended effective September 1, 2020; adopted as subd (c); previously amended 40 effective July 1, 1997, January 1, 2007, and January 1, 2019; previously amended and 41 relettered effective January 1, 2018.) 42 43 11

(

c) Notice Notice of petition for disclosure access 1 2

(1) At least t 10 days before the petition is submitted to the court, the petitioner 3 must personally or by first -class mail serve Request for Disclosure of Petition 4 for Access to Juvenile Case File (form JV-570), Notice of Request for 5 Disclosure of Petition for Access to Juvenile Case File (form JV-571), and a 6 blank copy of Objection to Release of Juvenile Case File (form JV-572) on 7 the following:8 9 (A)–(I) * * *10 11

(2) The petitioner The petitioner must complete Proof of Service— Request for Disclosure 12 Petition for Access to Juvenile Case File (form JV-569) and file it with the 13 court. 14 15

(3) If the petitioner petitioner petitioner or the petitioner’s counsel does not know or cannot 16 reasonably determine the identity or address of any of the parties in (c)(1) 17 above, the clerk must:18 19 (

A) Serve personally Serve personally or by first-class mail to the last known address a copy 20 of Request for Disclosure of Petition for Access to Juvenile Case File 21 (form JV-570), Notice of Request for Disclosure of Petition for Access 22 to Juvenile Case File (form JV-571), and a blank copy of Objection to 23 Release of Juvenile Case File (form JV-572); and24 25 (

B) Complete Proof of Service— Request for Disclosure Petition for Access 26 to Juvenile Case File (form JV-569) and file it with the court.27 28

(4) For good For good cause, the court may, on the motion of the person seeking the ord er 29 or on its own motion, shorten the time for service of the petition for 30 disclosure access.31 32 (Subd (

c) amended effective September 1, 2020; adopted as subd (d); previously amended 33 effective January 1, 2007, and January 1, 2009, previously amended and relettered 34 effective January 1, 2018 ) 35 36 (

d) Procedure37 38 (1)–(4) * * * 39 40

(5) If the court If the court grants the petition, the court must find that the need for discovery 41 access outweighs the policy considerations favoring confidentiality of42 12

juvenile case files. The confidentiality of juvenile case files is intended to 1 protect the privacy rights of the child. 2 3

(6) The court The court may permit disclosure of access to juvenile case files only insofar 4 as is necessary, and only if petitioner shows by a preponderance of the 5 evidence that the records requested are necessary and have substantial 6 relevanc e to the legitimate need of the petitioner.7 8

(7) If, after If, after in camera review and review of any objections, the court determines 9 that all or a portion of the juvenile case file may be disclosed accessed, the 10 court must make appropriate orders, specifying the inf ormation to be 11 disclosed that may be accessed and the procedure for providing access to it.12 13 (8) * * *14 15 (Subd (d); amended effective September 1, 2020; adopted as subd (e); previously amended 16 effective January 1, 2007, and January 1, 2009; amended and relettered effective January 17 1, 2018.) 18 19 (e)–(f) * * * 20 21 Rule 5.552 amended effective September 1, 2020; adopted as rule 1423 effective July 1, 1992; 22 previously amended effective January 1, 1994, July 1, 1995, July 1, 1997, January 1, 2001, 23 January 1, 2004, January 1, 2009, January 1, 2018, and January 1, 2019; previously amended 24 and renumbered effective January 1, 2007. 25 26 Rule 5.640.

Psychotropic medications 27 28 (a) * * *29 30 (

b) Authorization to administer (§§ 369.5, 7 39.5)31 32

(1) Once a Once a child is declared a depende nt child of the court and is removed from 33 the custody of the parents , or guardian, or Indian custodian, only a juvenile 34 court judicial officer is authorized to make orders regarding the 35 administration of psychotropic medication to the child, unless, under (e), the 36 court orders that the parent or legal guardian is authorized to approve or deny 37 the medication.38 39

(2) Once a Once a child is declared a ward of the court, removed from the custody of the 40 parents, or guardian, or Indian custodian, and placed into foster care, as 41 defined in Welfare and Institutions Code

section 727.4, only a juvenile court 42 judicial officer is authorized to make orders regarding the administration of43 13

psychotropic medication to the child, unless, un der (e), the court orders that 1 the parent or legal guardian is authorized to approve or deny the medication. 2 3 (Subd (

b) amended effective September 1, 2020; previously amended effective January 1, 4 2009, July 1, 2016, and January 1, 2018.) 5 6 (

c) Procedure to obtain authorization7 8

(1) To obtain To obtain authorization to administer psychotropic medication to a dependent 9 child of the court who is removed from the custody of the parents , or legal 10 guardian, or Indian custodian, or to a ward of the court who is removed from 11 the custody of the parents, or legal guardian, or Indian custodian and placed 12 into foster care, the following forms must be completed and filed with the 13 court:14 15 (A)–(C) * * *16 17

(2) The child, The child, caregiver, parents , or legal guardians, or Indian custodian, child’s 18 Indian tribe, and Court Appointed Special Advocate, if any, may provide 19 input on the mediations being prescribed.20 21 (A)–(C) * * *22 23

(3) Input on Input on Application for Psychotropic Medication (form JV-222) may be 24 filed by a parent , or guardian, or Indian custodian, his or her their attorney of 25 record, a child’s attorney of record, a child’s Child Abuse Prevention and 26 Treatment Act guardian ad litem appointed under rule 5.662 of the California 27 Rules of Court, or the Indian child’s tribe. If form JV-222 is filed, it must be 28 filed within four court days of receip t of notice of the application.29 30 (4)–(9) * * * 31 32

(10) Notice of Notice of the application must be provided to the parents , or legal guardians, 33 or Indian custodian, their attorneys of record, the child’s attorney of record, 34 the child’s Child Abuse Prevention and Treatment Act guardian ad litem, the 35 child’s current caregiver, the child’s Court Appointed Special Advocate, if 36 any, and where a child has been determined to be an Indian child, the Indian 37 child’s tribe (see also 25 U.S.C. § 1903(4) –(5); Welf. & Inst. Code, §§ 38 224.1(

a) and (

e) and 224.3).39 40 (A)–(B) * * *41 42 (

C) Notice Notice must be provided as follows:43 14

1 (i)–(ii) * * * 2 3 (iii) Notice Notice to the child’s attorney of record and any Child Abuse 4 Prevention and Treatment Act guardian ad litem for the child 5 must include:6 7 a.–c. * * *8 9 d. A blank A blank copy of Input on Application for Psychotropic 10 Medication (form JV-222) or information on how to obtain 11 a copy of the form .; and 12 13 e. A blank A blank copy of Child’s Opinion About the Medicine (form 14 JV-218) or information on how to obtain the form .; and15 16 f.

If the If the application could result in the authorization of three or 17 more psychotropic medications for 90 days or longer, 18 notice must also include a blank copy of Position on 19 Release of Information to Medical Board of California 20 (form JV-228), a copy of Background on Release of 21 Information to Medical Board of California (form JV-228- 22 INFO), a blank copy of Withdrawal of Release of 23 Information to Medical Board of California (form JV-229), 24 and the procedures in rule 5.642 must be followed. 25 26 (iv) * * *27 28 (11) * * *29 30

(12) The court The court may grant the application without a hearing or may set the matter 31 for hearing at the court’s discretion.

If the court sets the matter for a hearing, 32 the clerk of the court must provid e notice of the date, time, and location of 33 the hearing to the parents, or legal guardians, or Indian custodian, their 34 attorneys of record, the dependent child if 12 years of age or older, a ward of 35 the juvenile court of any age, the child’s attorney of record, the child’s 36 current caregiver, the child’s social worker or probation officer, the social 37 worker’s or probation officer’s attorney of record, the child’s Child Abuse 38 Prevention and Treatment Act guardian ad litem, the child’s Court Appointed 39 Special Advocate, if any, and the Indian child’s tribe at least two court days 40 before the hearing.

Notice must be provided to the child’s probation officer 41 and the district attorney, if the child is a ward of the juvenile court.42 43 15

(Subd (

c) amended effective September 1, 2020; previously amended effective January 1, 1 2007, January 1, 2008, January 1, 2009, January 1, 2014, July 1, 2016, January 1, 2018, 2 and January 1, 2019.) 3 4 (d) * * *5 6 (

e) Delegation of authority (§ 369.5 , 739.5)7 8 If a child is removed from the custody of his or her parent , or legal guardian, or 9 Indian custodian, the court may order that the parent, legal guardian, or Indian 10 custodian is authorized to approve or deny the administration of psychotropic 11 medication. The order must be based on the findings in

section 369.5 or

section 12 739.5, which must be included in the order. The court may use Order Delegating 13 Judicial Authority Over Psychotropic Medication (form JV-216) to document the 14 findings and order. 15 16 (Subd (

e) amended effective September 1, 2020; previously amended effective January 1, 17 2008, and January 1, 2018.) 18 19 (f) * * *20 21 (

g) Progress review22 23 (1)–(5) * * * 24 25

(6) The child, The child, caregiver, parents , or legal guardians, or Indian custodian, and 26 Court Appointed Special Advocate, if any, may provide inpu t at the progress 27 review as stated in (c)(2).28 29 (7) * * *30 31 (Subd (

g) amended effective September 1, 2020; adopted effective July 1, 2016; previously 32 amended effective January 1, 2018, and January 1, 2019.) 33 34 (h)–(k) * * *35 36 Rule 5.640 amended effective January 1, 2020; adopted as rule 1432.5 effective January 1, 2001; 37 previously amended and renumbered effective January 1, 2007; previously amended effective 38 January 1, 2003, January 1, 2008, January 1, 2009, January 1, 2014, July 1, 2016, January 1, 39 2018, and January 1, 2019. 40 41 16

Rule 5.642 . Authorization to release psychotropic medication prescription 1 information to Medical Board of California 2 3 (

a) Providing authorization forms4 5 Whenever there is an Application for Psychotropic Medication (form JV-220) filed 6 with the court under rule 5.640, the applicant must review the Physician’s 7 Statement— Attachment (form JV-220(A)) or Physician’s Request to Continue 8 Medication — Attachment (form JV-220(B)) to determine if the request would result 9 in the child being prescribed three or more concurrent psychotropic medications for 10 90 days or more, as described in

section 14028. If the request would result in the 11 child being prescribed three or more psychotropic medications for 90 days or more , 12 the applicant must provide blank copies of Position on Release of Information to 13 Medical Board of California (form JV-228), Background on Release of Information 14 to Medical Board of California (form JV-228-INFO), and Withdrawal of Release of 15 Information to Medical Board of California (form JV-229) to the child and the 16 child’s attorney. 17 18 (

b) Signing authorization form19 20

(1) Form JV-228 228 may be signed by either the child, nonminor dependent, or the 21 attorney, with the informed consent of the child if the child is found by the 22 court to be of sufficient age and maturity to consent . Sufficient age and 23 maturity to consent must be presumed, subject to rebuttal by clear and 24 convincing evidence , if the child is 12 years of age or over. If the child does 25 not want to sign form JV-228, the child’s attorney may not sign it.

The 26 child’s attorney may sign form JV-228 with the approval of a child 12 years 27 of age or older, if the child is under 12 years of age, or if the court finds the 28 child not to be of sufficient age and ma turity to consent.29 30

(2) The authorization on is for the release of medical records only. It is not an 31 authorization for the release of juvenile court case files as described in 32

section 827.33 34 (

c) Filing and sending authorization form35 36

(1) The child’s The child’s attorney must review form JV-228 with the child and file it with 37 the superior court.38 39

(2) Within Within three court days of filing, the clerk of the superior court must send 40 form JV-228 to the California Department of Social Services at the address 41 indicated on the form.42 43 17

(

d) Withdrawal Withdrawal of authorization 1 2 At any time, the child, nonminor dependent, or attorney may withdraw the 3 authorization to release information to the Medical Board of California. 4 5

(1) Withdrawal Withdrawal Withdrawal may be made by filing Withdrawal of Release of Information to 6 Medical Board of California (form JV-229) or by written letter to the 7 California Department of Social Services.8 9

(2) The child, , nonminor dependent, or attorney may sign (as specified in (b)) 10 form JV-229.11 12

(3) Within Within three court days of filing, the clerk of the superior court must send 13 form JV-229 to the California Department of Social Services at the address 14 indicated on the form.15 16 (

e) Notice of release of information to medical board17 18 If the California Department of Social Services releases identifying information to 19 the Medical Board of California, the California Department of Social Services must 20 notify the child, nonminor dependent, or former dependent or ward, at the last 21 known addr ess. The California Department of Social Services must also notify the 22 child’s, nonminor dependent’s, or former dependent’s or ward’s attorney, including 23 in cases when jurisdiction has been terminated. 24 25 Rule 5.642 adopted effective September 1, 2020. 26 27 Rule 5.649.

Right to make educational or developmental-services decisions 28 29 The court must identify the educational rights holder for the child on form JV -535 at each 30 hearing in a juvenile dependency or delinquency juvenile justice proceeding. At any 31 hearing, where the court limits, restores, or modifies educational rights, or where there 32 are updates to any contact or other information, in any juvenile proceeding, the findings 33 and orders must be documented on form JV -535.

Unless his or her the rights of the 34 parent, guardian, or Indian custodian rights have been limited by the court under this rule, 35 the parent, or guardian, or Indian custodian holds the educational and developmental- 36 services decisionmaking rights for the his or her child. In addition, a nonminor or 37 nonminor dependent youth holds the rights to make educational and developmental - 38 services decision s for himself or herself the youth and should be identified on form JV- 39 535, unless rule 5.650(

b) applies . 40 41 18

(

a) Order Order (§§ 361, 366, 366.27, 366.3, 726, 727.2; 20 U.S.C. § 1415; 34 C.F.R. 1 § 300.300)2 3 At the dispositional hea ring and each subsequent review or permanency hearing, 4 the court must determine whether the rights of a parent , or guardian, or Indian 5 custodian to make educational or developmental-services decisions for the child 6 should be limited. 7 8 If necessary to protect a child who is adjudged a dependent or ward of the court 9 under

section 300, 601, or 602, the court may limit the rights of a parent’s, or 10 guardian’s, or Indian custodian rights to make educational or developmental- 11 services decisions for the child by mak ing appropriate, specific orders on Order 12 Designating Educational Rights Holder (form JV-535). 13 14 (Subd (

a) amended effective September 1, 2020.) 15 16 (

b) Temporary order (§ 319)17 18 At the initial hearing on a petition filed under

section 325 or at any time before a 19 child is adjudged a dependent or the petition is dismissed, the court may, on 20 making the findings required by

section 319(g)(1), use form JV -535 to temporarily 21 limit the rights of a parent’s, or guardian’s, or Indian custodian rights to make 22 educational or developmental -services decisions for the child. An order made under 23

section 319(

g) expires on dismissal of the petition, but in no circumstances later 24 than the conclusion of the hearing held under

section 361. 25 26 If the court does temporarily limit the rights of a parent’s, or guardian’s, or Indian 27 custodian rights to make educational or developmental-services decisions, the court 28 must, at the dispositional hearing, reconsid er the need to limit those rights and must 29 identify the authorized educational rights holder on form JV -535. 30 31 (Subd (

b) amended effective September 1, 2020.) 32 33 (

c) No delay of initial assessment34 35 The child’s initial assessment to determine any need for special education or 36 developmental services need not be delayed to obtain parental or guardian consent 37 or for the appointment of an educational rights holder if one or more of the 38 following circumstances is met: 39 40

(1) The court The court has limited, even temporarily, the educational or developmental- 41 services decisionm aking rights of the parent, or guardian, or Indian custodian,42 19

and consent for an initial assessment has been given by an individual 1 appointed by the court to represent the child; 2 3

(2) The local educational agency or regional center, after reasonable effort s, 4 cannot locate the parent , or guardian, or Indian custodian; or 5 6

(3) Parental rights have been terminated or the guardianship has been set aside. 7 8 (Subd (

c) amended effective September 1, 2020.) 9 10 (

d) Judicial determination 11 12 If the court determines that the child is in need of any assessments, evaluations, or 13 services—i ncluding special education, mental health, developmental, and other 14 related services — the court must direct an appropriate person to take the necessary 15 steps to request those assessments, evaluations, or services. 16 17 (Subd (

d) amended effective September 1, 2020.) 18 19 (

e) Filing of order 20 21 Following the dispositional hearing and each statutory review hearing, the party 22 that has requested a modification, limitation, or rest oration of educational or 23 developmental -services decisionmaking rights must complete form JV-535 and any 24 required attachments to reflect the court’s orders and submit the completed form 25 within five court days for the court’s review and signature. If no request is made, 26 the child’s or youth’s attorney must complete and file the form.

If there has been no 27 request for modification, limitation, or restoration of educational or developmental- 28 services decisionmaking rights , or there are no required updates to contact or other 29 information, there is no need to file a new form JV-535. If a new form JV-535 is 30 filed, the most recent Attachment to Order Designating Educational Rights Holder 31 (form JV-535(A)) must be attached. The court may instead direct the appropriate 32 party to attach a new Attachment to Order Designating Educational Rights Holder 33 (form JV-535(A)) to document the court’s findings and orders. 34 35 (Subd (

e) amended effective September 1, 2020.) 36 37 (

f) Service of Process 38 39 After each hearing where a party has requested a modification, limitation, or 40 restoration of educational or developmental-services decisionmaking rights, the 41 court clerk must serve the most current forms JV-535 and JV-535(

A) on each 42 applicable party. 43 20

1 (Subd (

f) adopted effective September 1, 2020.) 2 3 Rule 5.649 amended effective September 1, 2020; adopted effective January 1, 2014. 4 5 Rule 5.706. Family maintenance review hearings (§ 364) 6 7 (a) * * * 8 9 (

b) Release of Information to the Medical Board of California 10 11 If the child has signed Position on Release of Information to Medical Board of 12 California (form JV-228), the social worker must provide the child with a blank 13 copy of Withdrawal of Release of Information to Medical Board of California 14 (form JV-229) before the hearing if it is the last hearing before the child turns 18 15 years of age or if the social worker is recommending termination of juvenile court 16 jurisdiction. 17 18 (Subd (

b) adopted effective September 1, 2020.) 19 20 (b)(c) * * * 21 22 (Subd (

c) relettered effective September 1, 2020; adopted as subd (d); previously relettered 23 as subd (

b) effective January 1, 2017; 24 25 (c)(d) * * * 26 27 (Subd (

d) relettered effective September 1, 2020; adopted as subd (e); previously amended 28 and relettered as subd(

c) effective January 1, 2017.) 29 30 (d)(e) * * * 31 32 (Subd (

e) relettered effective September 1, 2020; adopted as subd (f); previously relettered 33 as subd (

d) effective January 1, 2017.) 34 35 (e)(f) * * * 36 37 Subd (

f) amended effective September 1, 2020; adopted as subd (g); previously amended 38 and relettered as subd (

e) effective January 1, 2017.) 39 40 Rule 5.706 amended effective September 1, 2020; adopted effective January 1, 2010; previously 41 amended effective January 1, 2017. 42 43 21

1 Rule 5.708. General review hearing requirements 2 3 (a)–(b) * * * 4 5 (

c) Release of Information to the Medical Board of California 6 7 If the child has signed Position on Release of Information to Medical Board of 8 California (form JV-228), the social worker must provide the child with a blank 9 copy of Withdrawal of Release of Information to Medical Board of California 10 (form JV-229) before the hearing if it is the last hearing before the child turns 18 11 years of age or if the social worker is recommending te rmination of juvenile court 12 jurisdiction. 13 14 (Subd (

c) adopted effective September 1, 2020.) 15 16 (c)(d) * * * 17 18 (Subd (

d) relettered effective September 1, 2020; adopted as subd (e); previously amended 19 and relettered as subd (

c) effective January 1, 2017;.) 20 21 (d)(e) * * * 22 23 (Subd (

e) relettered effective September 1, 2020; adopted as subd (f); previously amended 24 effective January 1, 2014, and January 1, 2016; previously relettered as subd (

d) effective 25 January 1, 2017.) 26 27 (e)(f) * * * 28 29 (Subd (

f) relettered effectiveSeptember 1, 2020; adopted as subd (g); previously amended 30 effective July 1, 2010, January 1, 2014, January 1, 2016, and January 1, 2019; previously 31 amended and relettered as subd (

e) effective January 1, 2016.) 32 33 (f)(g) * * * 34 35 (Subd (

g) relettered effective September 1, 2020; adopted as subd (j); previously amended 36 effective January 1, 2016; previously relettered as subd (

f) effective January 1, 2017.) 37 38 (g) (h) * * * 39 40 (Subd (

h) relettered effective September 1, 2020; adopted as subd (k); previously relettered 41 effective January 1, 2017.) 42 43 22

( h) (i) * * * 1 2 (Sub(

i) relettered effective September 1, 2020; adopted as subd (l); previously relettered as 3 subd (

h) effective January 1, 2017.) 4 5 (i)(j) * * * 6 7 (Subd (

j) relettered effective September 1, 2020; adopted as subd (

n) previously amended 8 effective July 1, 2010, January 1, 2014, January 1, 2015, January 1, 2016, and July 1, 9 2016; previously amended and relettered as Subd (

i) effective January 1, 2017.) 10 11 (j)(k) * * * 12 13 (Subd (

k) relettered effective September 1, 2020; adopted as subd (o); relettered as subd (j) 14 effective January 1, 2017; previously amended effective January 1, 2019.) 15 16 Rule 5.708 amended effective September 1, 2020; adopted effective January 1, 2010; previously 17 amended effective July 1, 2010, January 1, 2014, January 1, 2015, January 1, 2016, July 1, 2016, 18 January 1, 2017, and January 1, 2019. 19 20 Rule 5.810. Reviews, hearings, and permanency planning 21 22 (a)–(e) * * * 23 24 (

f) Release of Information to the Medical Board of California 25 26 If the child has signed Position on Release of Information to Medical Board of 27 California (form JV-228), the probation officer must provide the child with a blank 28 copy of Withdrawal of Release of Information to Medical Board of California 29 (form JV-229) before the hearing if it is the last hearing before the child turns 18 30 years of age or if the social worker is recommending termination of juvenile court 31 jurisdiction. 32 33 (Subd (

f) adopted effective September 1, 2020.) 34 35 Rule 5.810 amended effective September 1, 2020; adopted as rule 1496 effective January 1, 1991; 36 previously amended and renumbered as rule 5.810 effective January 1, 2007; previously 37 amended effective January 1, 1998, January 1, 2001, January 1, 2003, January 1, 2004, January 38 1, 2006, January 1, 2014, January 1, 2016, and January 1, 2018. 39 40 Rule 8.401. Confidentiality 41 42 23

(a) * * * 1 2 (

b) Access to filed documents and records 3 4 For the purposes of this rule, “filed document” means a brief, petition, motion, 5 application, or other thing filed by the parties in the reviewing court in a proceeding 6 under this chapter; “record on appeal” means the documents referenced in rule 7 8.407; “record on a writ petition” means the documents referenced in rules 8.450 8 and 8.454; and “records in the juvenile case file” means all or part of a document, 9 paper, exhibit, transcript, opinion, order, or other thing filed or lodged in the 10 juvenile court. 11 12

(1) Except as provided in (2) –(3)(4), a filed document, the record on appeal, or 13 the record on a writ petition and documents filed by the parties in 14 proceedings under this

chapter may be inspected only by the reviewing court, 15 and appellate project personnel, the parties , or their attorneys for the parties, 16 and or other persons the reviewing court may designate. 17 18

(2) A ccess to records in the juvenile case file, including any such records made 19 part of the record on appeal or the record on a writ petition, is governed by 20 Welfare and Institutions Code

section 827. A person who is not described in 21

section 827 (a)(1)(A)–(

P) may not access records in the juvenile case file, 22 including any such records made part of the record on appeal or the record on 23 a writ petition, unless that person petitioned the juvenile cour t under

section 24 827(a)(1)(

Q) and was granted access by order of the juvenile court. 25 26 (2)(3)A filed documents that protects anonymity as required by (

a) may be 27 inspected by any person or entity that is considering filing an amicus curiae 28 brief. 29 30 (3)(4)Access to a filed document or records items in the record on appeal or the 31 record on a writ petition that are sealed or confidential under authority other 32 than Welfare and Institutions Code

section 827 is governed by rules 8.45 – 33 8.47 and the applicable statute, rule, sealing order, or other authority . 34 35 (Subd (

b) amended effective September 1, 2020; adopted as subd (a); previously amended 36 and relettered effective January 1, 2012; previously amended effective January 1, 2014.) 37 38 (c) * * * 39 40 Rule 8.401 amended effective September 1, 2020; adopted effective July 1, 2010; previously 41 amended effective January 1, 2012 and January 1, 2014. 42 43 24

Advisory Committee Comment 1 2 Subdivision (b)(2). Welfare and Institutions Code

section 827(a)(1)(

Q) authorizes a petition by 3 which a person may request access to records in the juvenile case file. The petition process is 4 stated in rule 5.552. The Judicial Council has adopted a mandatory form— Petition for Access to 5 Juvenile Case File (form JV-570)— that must be filed in the juvenile court to make the request. 6 This form is available at any courthouse or county law library or online at 7 www.courts.ca.gov/forms. 8 9 10 Rule 8.851. Appointment of appellate counsel 11 12 (

a) Standards for appointment 13 14

(1) On application, the appellate division must appoint appellate counse l for a 15 defendant convicted of a misdemeanor who was represented by appointed 16 counsel in the trial court or establishes indigency and who : 17 18 (

A) Was convicted of a misdemeanor and is subject to incarceration or a 19 fine of more than $500 (including penalty an d other assessments), or 20 who is likely to suffer significant adverse collateral consequences as a 21 result of the conviction; and or 22 23 (

B) Was represented by appoi nted counsel in the trial court or establishes 24 indigency. Is charged with a misdemeanor and the appeal is a critical 25 stage of the criminal proces s. 26 27

(2) On application , the appellate division may appoint counsel for any other 28 indigent defendant charged with or convicted of a misdemeanor. 29 30

(3) F or application s under (1)(A), a defendant is subject to incarceration or a fine 31 if the incarceration or fine is in a sentence, is a condition of probation, or may 32 be ordered if the defendant violates probation. 33 34 (Subd (

a) amended effective September 1, 2020. 35 36 (

b) A pplication; duties of trial counsel and clerk 37 38

(1) If defense trial counsel has reason to believ e that the client is indigent and 39 will file an appeal or is a party in an appeal described in (a)(1)(B), counsel 40 must prepare and file in the trial court an application to the appellate division 41 for appointment of counsel. 42 43 25

(2) If the defendant was represented by appointed counsel in the trial court, the 1 application must include trial counsel’s declaration to that effect. If the 2 defendant was not represented by a ppointed counsel in the trial court, the 3 application must include a declaration of indigency in the form required by 4 the Judicial Council. 5 6

(3) Within 15 court days after an application is filed in the trial court, the clerk 7 must send it to the appellate division. A defendant may, however, apply 8 directly to the appellate division for appointment of counsel at any time after 9 filing the notice of appeal is filed. 10 11

(4) The appellate division must grant or deny a defendant’s application for 12 appointment of couns el within 30 days after the application is filed. 13 14 (Subd (

b) amended effective September 1, 2020; previously amended effective March 1, 15 2014.) 16 17 (c) * * * 18 19 Rule 8.851 amended effective September 1, 2020; adopted effective January 1, 2009; previously 20 amended effective March 1, 2014. 21 22 Advisory Committee Comment 23 24 Request for Court-Appointed Lawyer in Misdemeanor Appeal (form CR-133) may be used to 25 request that appellate counsel be appointed in a misdemeanor case.

If the appellant defendant was 26 not represented by the public defender or other appointed counsel in the trial court, the appellant 27 defendant must use Defendant’s Financial Statement on Eligibility for Appointment of Counsel 28 and Reimbursement and Record on Appeal at Public Expense (form MC-210CR-105) to show 29 indigency. These forms are available at any courthouse or county law library or online at 30 www.courts.ca.gov/forms. 31 32 Subdivision (a)(1)(B). In Gardner v.

Appellate Division of Superior Court (2019) 6 Cal.5th 998, 33 the California Supreme Court addressed what constitutes a critical stage of the criminal process. 34 The court provided the analysis for determining whether a defendant has a right to counsel in 35 confrontational proceedings other than trial, and held that the pretrial prosecution appeal of an 36 order granting the defendant’s motion to suppress evidence was a critical stage of the process at 37 which the defendant, who was represented by appointed counsel in the trial court, had a right to 38 appointed counsel as a matter of state constitutional law. 39 40 26