AMENDMENT TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on September 20, 2022, effective January 1, 2023 Rule 2.253. Permissive electronic filing, mandatory electronic filing, and electronic 1 filing by court order .................................................................................................... 4 2 Rule 2.812. Requirements for court appointment of an attorney to serve as a 3 temporary judge .......................................................................................................... 4 4 Rule 2.813.

Contents of training programs ................................................................. Rule 2.813. Contents of training programs ................................................................. 7Rule 2.813. Contents of training programs ................................................................. 7 5 Rule 2.815. Continuing education .............................................................................. 8 6 Rule 3.2200. Application ........................................................................................... 9 7

Chapter 2. California Environmental Quality Act Proceedings Involving Streamlined 8 CEQA Projects ................................................................................................................ ................................................................................................................ 9 ................................................................................................................ 9 9

Article 1. General Provisions ..........................................................................................

Article 1. General Provisions .......................................................................................... 9Article 1. General Provisions .......................................................................................... 9 10 Rule 3.2220.

Definitions and application .................................................................. 9 11 Rule 3.2221. Time.................................................................................................... 11 12 Rule 3.2223. Petition................................................................................................ 12 13

Article 3. Trial Court Costs ........................................................................................... ........................................................................................... 13 14 Rule 3.2240. Trial court costs in Oakland Ballpark and Inglewood Arena certain 15 streamlined CEQA projects ...................................................................................... 13 16 Rule 5.51.

Confidential cover sheet for parentage actions or proceedings involving 17 assisted reproduction; other requirements ................................................................ 13 18 Rule 5.210. Court-connected child custody mediation ............................................ 14 19 Rule 5.220. Court-ordered child custody evaluations .............................................. 15 20 Rule 5.242. Qualifications, rights, and responsibilities of counsel appointed to 21 represent a child in family law proceedings ............................................................. 16 22 Rule 5.250.

Children’s participation and testimony in family court proceedings ... 17 23 Rule 5.340. Judicial education for child support commissioners ............................. 20 24

Chapter 4. Protective Orders [Repealed] ..................................................................... 20 25 Rule 5.495. Firearm relinquishment procedures [Repealed] ................................... 20 26 Rule 5.618. Placement in short-term residential therapeutic program or community 27 treatment facility (§§ 361.22, 727.12) ...................................................................... 24 28 Rule 5.620. Orders after filing under

section 300 .................................................... 29 29 Rule 5.625. Orders after filing of petition under

section 601 or 602 ....................... 30 30 Rule 5.630. Restraining orders................................................................................. 30 31 Rule 5.697. Disposition hearing for a nonminor (Welf. & Inst. Code, §§ 224.1, 295, 32 303, 358, 358.1, 361, 361.6, 366.31, 390, 391) ........................................................ 35 33 Rule 5.766. General provisions ................................................................................ 37 34

2 Rule 5.768. Report of probation officer ................................................................... 38 1 Rule 5.770. Conduct of transfer of jurisdiction hearing under

section 707 ............. 39 2 Rule 5.903. Nonminor dependent status review hearing (§§ 224.1(b), 295, 366.1, 3 366.3, 366.31, 391, 11403) ....................................................................................... 42 4 Rule 7.575. Accounting of conservators and guardians .......................................... 46 5 Rule 7.576. Final account of conservator of the estate ............................................ 47 6 Rule 7.756. Compensation of conservators and guardians ...................................... 47 7 Rule 7.1052.

Termination of conservatorship [Repealed] ....................................... 48 8 Rule 7.1053. Service of final account of removed or resigned conservator ............ 48 9 Rule 7.1054. Service of final account after termination of conservatorship 10 [Repealed] ................................................................................................................. 49 11 Rule 7.1060. Investigations and reports by court investigators ............................... 49 12 Rule 8.50. Applications............................................................................................ 50 13 Rule 8.60.

Extending time ....................................................................................... 51 14 Rule 8.63. Policies and factors governing extensions of time ................................. 52 15 Rule 8.404. Stay pending appeal.............................................................................. 53 16 Rule 8.406. Time to appeal ...................................................................................... 53 17 Rule 8.409. Preparing and sending the record ......................................................... 54 18 Rule 8.412.

Briefs by parties and amici curiae ........................................................ 55 19 Rule 8.417. Appeals from orders transferring a minor from juvenile court to a court 20 of criminal jurisdiction .............................................................................................. .............................................................................................. 57 21 Rule 8.482. Appeal from judgment authorizing conservator to consent to 22 sterilization of conservatee ....................................................................................... 60 23 Rule 8.483.

Appeal from order of civil commitment............................................... 60 24 Rule 8.631. Applications to file overlength briefs in appeals from a judgment of 25 death .......................................................................................................................... .......................................................................................................................... 61 26

Chapter 1. Review of California Environmental Quality Act Cases Involving 27 Streamlined CEQA Projects ......................................................................................... 63 28 Rule 8.700.

Definitions and application .................................................................. 63 29 Rule 8.702. Appeals ................................................................................................. 64 30 Rule 8.703. Writ proceedings .................................................................................. 66 31 Rule 8.705. Court of Appeal costs in certain streamlined CEQA projects .............. 67 32 Rule 10.452. Minimum education requirements, expectations, and recommendations 33 ................................................................................................................................... 67 34

3 Rule 10.461. Minimum education requirements for Supreme Court and Court of 1 Appeal justices .......................................................................................................... 72 2 Rule 10.462. Minimum education requirements and expectations for trial court 3 judges and subordinate judicial officers ................................................................... 75 4 Rule 10.463. Education requirements for family court judges and subordinate 5 judicial officers ......................................................................................................... 80 6 Rule 10.464.

Education requirements and expectations for judges and subordinate 7 judicial officers on domestic violence issues ............................................................ judicial officers on domestic violence issues ............................................................ 82 8 Rule 10.468. Content-based and hours-based education for superior court judges and 9 subordinate judicial officers regularly assigned to hear probate proceedings .......... 82 10 Rule 10.469.

Judicial Education recommendations for justices, judges, and 11 subordinate judicial officers ...................................................................................... subordinate judicial officers ...................................................................................... 85 12 Rule 10.471. Minimum education requirements for Supreme Court and Court of 13 Appeal clerks/executive clerk/executive officers ..................................................... 87 14 Rule 10.472.

Minimum education requirements for Supreme Court and Court of 15 Appeal managing attorneys, supervisors, and other personnel ................................. Appeal managing attorneys, supervisors, and other personnel ................................. 90 16 Rule 10.473. Minimum education requirements for trial court executive officers ... Rule 10.473. Minimum education requirements for trial court executive officers ... 93 17 Rule 10.474. Trial court managers, supervisors, and other personnel ...................... 10.474.

Trial court managers, supervisors, and other personnel ...................... 95 18 Rule 10.478. Content-based and hours-based education for court investigators, 19 probate attorneys, and probate examiners ................................................................. probate attorneys, and probate examiners ................................................................. 98 20 Rule 10.479. Education recommendations for appellate and trial court personnel 102 21 Rule 10.481. Approved providers; approved course criteria .................................. 103 22 Rule 10.491.

Minimum education requirements for Judicial Council employees .. Rule 10.491. Minimum education requirements for Judicial Council employees .. 105 23 Rule 10.1028. Preservation and destruction of Court of Appeal records .............. 106 24 Standard 4.30. Examination of prospective jurors in criminal cases ..................... 107 25 26 27

4 Rule 2.253. Permissive electronic filing, mandatory electronic filing, and electronic 1 filing by court order 2 3 (a) * * * 4 5 (

b) Mandatory electronic filing by local rule 6 7 A court may require parties by local rule to electronically file documents in civil 8 actions directly with the court, or directly with the court and through one or more 9 approved electronic filing service providers, or through more than one approved 10 electronic filing service provider, subject to the conditions in Code of Civil 11 Procedure

section 1010.6, the rules in this chapter, and the following conditions: 12 13 (1)–(6) * * * 14 15

(7) A court that adopts a mandatory electronic filing program under this 16 subdivision must report semiannually to the Judicial Council on the operation 17 and effectiveness of the court’s program. 18 19 (Subd (

b) amended effective January 1, 2023; adopted effective July 1, 2013; previously 20 amended effective January 1, 2018.) 21 22 (c) * * * 23 24 Rule 2.253 amended effective January 1, 2023; adopted as rule 2053 effective January 1, 2003; 25 previously amended and renumbered effective January 1, 2007; previously amended effective 26 January 1, 2008, January 1, 2011, July 1, 2013, January 1, 2018, and January 1, 2022. 27 28 Rule 2.812. Requirements for court appointment of an attorney to serve as a 29 temporary judge 30 31 (a)–(b) *** 32 33 (

c) Education and training requirements 34 35 The presiding judge may appoint an attorney to serve as a temporary judge only if 36 the following minimum training requirements are satisfied: 37 38

(1) Mandatory training on bench conduct and demeanor 39 40 Within three years before appointment, the attorney must have attended and 41 successfully completed, within the previous three years, a course of at least 3 42 hours’ duration on the subjects identified in rule 2.813(

a) approved by the 43

5 court in which the attorney will serve. This course must be of at least three 1 hours’ duration, taken in person instructor-led (live remote or in-person), and 2 be taught by a qualified judicial officer approved by the court. 3 4

(2) Mandatory training in ethics 5 6 Within three years before appointment, the attorney must have attended and 7 successfully completed, within the previous three years, a course of at least 3 8 hours’ duration on the subjects identified in rule 2.813(

b) approved by the 9 court in which the attorney will serve. This course must be of at least three 10 hours’ duration and may be taken by any means approved by the court, 11 including in-person, by broadcast with participation, or online. 12 13

(3) Substantive training 14 15 Within three years before appointment, the attorney must have attended and 16 successfully completed, within the previous three years, a course on the 17 substantive law in each subject area in which the attorney will serve as a 18 temporary judge. These courses may be taken by any means approved by the 19 court, including in-person, by broadcast with participation, or online. The 20 substantive courses have the following minimum requirements: 21 22 (

A) Small claims 23 24 Within three years before appointment, an attorney serving as a 25 temporary judge in small claims cases must have attended and 26 successfully completed, within the previous three years, a course of at 27 least 3 hours’ duration on the subjects identified in rule 2.813(c). The 28 course must be at least three hours’ duration and approved by the court 29 in which the attorney will serve. 30 31 (

B) Traffic 32 33 Within three years before appointment, an attorney serving as a 34 temporary judge in traffic cases must have attended and completed, 35 within the previous three years, a course of at least 3 hours’ duration on 36 the subjects identified in rule 2.813(d). The course must be at least 37 three hours’ duration and approved by the court in which the attorney 38 will serve. 39 40 (

C) Other subject areas 41 42

6 If the court assigns attorneys to serve as temporary judges in other 1 substantive areas such as civil law, family law, juvenile law, unlawful 2 detainers, or case management, the court must determine what 3 additional training is required and what additional courses are required 4 before an attorney may serve as a temporary judge in each of those 5 subject areas. The training required in each area must be of at least 3 6 three hours’ duration. The court may also require that an attorney 7 possess additional years of practical experience in each substantive area 8 before being assigned to serve as a temporary judge in that subject area. 9 10 (D)–(E) *** 11 12 (Subd (

c) amended effective January 1, 2023; previously amended effective January 1, 13 2007 and January 1, 2009) 14 15 16 (

d) Requirements for retired judicial officers 17 18 Commencing five years after the retired judicial officer last served in a judicial 19 position either as a full-time judicial officer or as an assigned judge, a retired 20 judicial officer serving as a temporary judge must satisfy all the education and 21 training requirements of this rule. However, a retired judicial officer serving as a 22 temporary judge in a small claims case must satisfy all the requirements of Code of 23 Civil Procedure

section 116.240(

b) and the rules in this

chapter before serving in 24 the case. 25 26 (Subd (

d) amended effective January 1, 2023; adopted effective January 1, 2009.) 27 28 (e)–(g) *** 29 30 Rule 2.812 amended effective January 1, 2023; adopted as rule 243.13 effective July 1, 2006; 31 previously amended and renumbered effective January 1, 2007; previously amended effective 32 January 1, 2009. 33 34 Advisory Committee Comment 35 36 The goal of this rule is to ensure that attorneys who serve as court-appointed temporary judges are 37 qualified and properly trained. 38 39 Subdivision (a). *** 40 41 Subdivision (b). *** 42 43

7 Subdivision (c). A court may use attorneys who are not temporary judges to assist in the 1 settlement of cases. For example, attorneys may work under the presiding judge or individual 2 judges and may assist them in settling cases. However, these attorneys may not perform any 3 judicial functions such as entering a settlement on the record under Code of Civil Procedure 4

section 664.6. Settlement attorneys who are not temporary judges are not required to satisfy the 5 requirements of these rules, but they must satisfy any requirements established by the court for 6 attorneys who assist in the settlement of cases. 7 8 9 Rule 2.813. Contents of training programs 10 11 (a)–(b) *** 12 13 (

c) Small claims 14 15 Before the court may appoint an attorney to serve as a temporary judge in small 16 claims cases, the attorney must have received training under rule 2.812(c)(3)(

A) in 17 the following subjects: 18 19

(1) Small claims procedures and practices; 20 21

(2) Consumer sales; 22 23

(3) Vehicular sales, leasing, and repairs; 24 25

(4) Credit and financing transactions; 26 27

(5) Professional and occupational licensing; 28 29

(6) Tenant rent deposit law; 30 31

(7) Contract, warranty, tort, and negotiable instruments law; and 32 33

(8) The subjects specified in Code of Civil Procedure

section 116.240(b); and 34 35

(9) Other subjects deemed appropriate by the presiding judge based on local 36 needs and conditions. 37 38 In addition, an attorney serving as a temporary judge in small claims cases must be 39 familiar with the publications identified in Code of Civil Procedure

section 40 116.930. 41 42

8 (Subd (

c) amended effective January 1, 2023; previously amended effective January 1, 1 2007.) 2 3 (d) *** 4 5 Rule 2.813 amended effective January 1, 2023; adopted as rule 243.14 effective July 1, 2006; 6 previously amended and renumbered effective January 1, 2007. 7 8 9 Advisory Committee Comment 10 11 The purpose of this rule is to ensure that all court-appointed temporary judges have proper 12 training in bench conduct and demeanor, ethics, and each substantive area in which they 13 adjudicate cases.

Each court is responsible for approving the training and instructional materials 14 for the temporary judges appointed by that court. The training in bench conduct and demeanor 15 must be in person instructor-led (live remote or in-person), but in other areas each court may 16 determine the approved method or methods by which the training is provided. The methods may 17 include in-person courses, broadcasts with participation, and online courses.

Courts may offer 18 Minimum Continuing Legal Education (MCLE) credit for courses that they provide and may 19 approve MCLE courses provided by others as satisfying the substantive training requirements 20 under this rule. Courts may work together with other courts, or may cooperate on a regional basis, 21 to develop and provide training programs for court-appointed temporary judges under this rule. 22 23 24 Rule 2.815. Continuing education 25 26 (

a) Continuing education required 27 28 Every three years, each attorney appointed as a temporary judge must attend and 29 successfully complete every three years a course on bench conduct and demeanor, 30 an ethics course, and a course in each substantive area in which the attorney will 31 serve as a temporary judge. The courses must cover the same subjects and be of the 32 same duration as the courses prescribed in rule 2.812(c). These courses must be 33 approved by the court that appoints the attorney in which the attorney will serve. 34 35 (Subd (

a) amended effective January 1, 2023; previously amended effective January 1, 36 2007.) 37 38 (b) *** 39 40 Rule 2.815 amended effective January 1, 2023; adopted as rule 243.17 effective July 1, 2006; 41 previously amended and renumbered effective January 1, 2007. 42 43

9 Rule 3.2200. Application 1 2 Except as otherwise provided in

chapter 2 of the rules in this division, which govern 3 actions under Public Resources Code sections 21168.6.6–21168.6.821168.6.9, 21178– 4 21189.3, 21189.50–21189.57, and 21189.70–21189.70.10, the rules in this

chapter apply 5 to all actions brought under the California Environmental Quality Act (CEQA) as stated 6 in division 13 of the Public Resources Code. 7 8 Rule 3.2200 amended effective January 1, 2023; adopted effective July 1, 2014; previously 9 amended effective January 1, 2017, and March 11, 2022. 10 11 12

Chapter 2. California Environmental Quality Act Proceedings Involving 13 Streamlined CEQA Projects 14 15

Article 1. General Provisions 16 17 Rule 3.2220.

Definitions and application 18 19 (

a) Definitions 20 21 As used in this chapter: 22 23

(1) A “streamlined CEQA project” means any project within the

definitions 24 stated in (2) through (7)(8). 25 26

(2) An “environmental leadership development project” or “leadership project” 27 means a project certified by the Governor under Public Resources Code 28 sections 21182–21184. 29 30

(3) The “Sacramento entertainment and sports center project” or “Sacramento 31 arena project” means an entertainment and sports center project as defined by 32 Public Resources Code

section 21168.6.6, for which the proponent provided 33 notice of election to proceed under that statute described in

section 34 21168.6.6(j)(1). 35 36

(4) An “Oakland sports and mixed- use project” or “Oakland ballpark project” 37 means a project as defined in Public Resources Code

section 21168.6.7 and 38 certified by the Governor under that section. 39 40

(5) An “Inglewood arena project” means a project as defined in Public Resources 41 Code

section 21168.6.8 and certified by the Governor under that section. 42 43

(6) An “expanded capitol building annex project” means a state capitol building 1 annex project, annex project–related work, or state office building project as 2 defined by Public Resources Code

section 21189.50. 3 4

(7) An “Old Town Center transit and transportation facilities project” or “Old 5 Town Center project” means a project as defined in Public Resources Code 6

section 21189.70. 7 8

(8) An “environmental leadership transit project” means a project as defined in 9 Public Resources Code

section 21168.6.9. 10 11 (Subd (

a) amended January 1, 2023; previously amended effective January 1, 2017, and 12 March 11, 2022.) 13 14 (

b) Proceedings governed 15 16 The rules in this

chapter govern actions or proceedings brought to attack, review, 17 set aside, void, or annul the certification of the environmental impact report or the 18 grant of any project approvals for a streamlined CEQA project. Except as otherwise 19 provided in Public Resources Code sections 21168.6.6–21168.6. 821168.6.9, 20 21178–21189.3, 21189.50–21189.57, and 21189.70–21189.70.10 and these rules, 21 the provisions of the Public Resources Code and the CEQA Guidelines adopted by 22 the Natural Resources Agency (Cal.

Code Regs., tit. 14, § 15000 et seq.) governing 23 judicial actions or proceedings to attack, review, set aside, void, or annul acts or 24 decisions of a public agency on the grounds of noncompliance with the California 25 Environmental Quality Act and the rules of court generally apply in proceedings 26 governed by this rule. 27 28 (Subd (

b) amended effective January 1, 2023; previously amended effective January 1, 29 2017, and March 11, 2022.) 30 31 32 (

c) Complex case rules 33 34 * * * 35 36 Rule 3.2220 amended effective January 1, 2023; adopted effective July 1, 2014; previously 37 amended effective January 1, 2017, and March 11, 2022. 38 39 40

11 Rule 3.2221. Time 1 2 (

a) Extensions of time 3 4 * * * 5 6 (

b) Extensions of time by parties 7 8 If the parties stipulate to extend the time for performing any acts in actions 9 governed by these rules, they are deemed to have agreed that the statutorily 10 prescribed time for resolving the action may be extended by the stipulated number 11 of days by which the performance of the act has been stipulated to be extended of 12 the extension, and to that extent to have waived any objection to noncompliance 13 with the deadlines for completing review stated in Public Resources Code sections 14 21168.6.6–21168.6. 821168.6.9, 21185, 21189.51, and 21189.70.3. Any such 15 stipulation must be approved by the court. 16 17 (Subd (

b) amended effective January 1, 2023; previously amended effective January 1, 18 2017, and March 11, 2022.) 19 20 (

c) Sanctions for failure to comply with rules 21 22 If a party fails to comply with any time requirements provided in these rules or 23 ordered by the court, the court may issue an order to show cause as to why one of 24 the following sanctions should not be imposed: 25 26 (1)–(2) * * * 27 28

(3) If the failure to comply is by responden t or a real party in interest, removal of 29 the action from the expedited procedures provided under Public Resources 30 Code sections 21168.6.6–21168.6.821168.6.9, 21185, 21189.51, and 31 21189.70.3, and these rules; or 32 33 (4) * * * 34 35 (Subd (

c) amended effective January 1, 2023; previously amended effective January 1, 36 2017, and March 11, 2022.) 37 38 Rule 3.2221 amended effective January 1, 2023; adopted effective July 1, 2014; previously 39 amended effective January 1, 2017, and March 11, 2022. 40 41 42

12 Rule 3.2223. Petition 1 2 In addition to any other applicable requirements, the petition must: 3 4

(1) On the first page, directly below the case number, indicate that the matter is a 5 “Streamlined CEQA Project”; 6 7

(2) State one of the following: 8 9 (

A) The proponent of the project at issue provided notice to the lead agency 10 that it was proceeding under Public Resources Code

section 21168.6.6, 11 21168.6.7, or 21168.6.8, or 21168.6.9 (whichever is applicable) and is 12 subject to this rule; or 13 14 (

B) The project at issue was certified by the Governor as an environmental 15 leadership development project under Public Resources Code sections 16 21182–21184 and is subject to this rule; or 17 18 (

C) The project at issue is an expanded capitol building annex project as 19 defined by Public Resources Code

section 21189.50 and is subject to 20 this rule; or 21 22 (

D) The project at issue is an Old Town Center project as defined by Public 23 Resources Code

section 21189.70 and is subject to this rule. 24 25

(3) If an environmental leadership development, Oakland ballpark, or Inglewood 26 arena project, provide notice that the person or entity that applied for 27 certification of the project as such a leadership project must make the 28 payments required by rule 3.2240 and, if the matter goes to the Court of 29 Appeal, make the payments required by rule 8.705; 30 31

(4) If an Oakland ballpark or Inglewood arena project environmental leadership 32 transit project, provide notice that the person or entity that applied for 33 certification of the project as an Oakland ballpark or Inglewood arena project 34 applicant must make the payments required by rule 3.2240 and, if the matter 35 goes to the Court of Appeal, the payments required by rule 8.705; and 36 37 (5) * * * 38 39 Rule 3.2223 amended effective January 1, 2023; adopted effective July 1, 2014; previously 40 amended effective January 1, 2017, and March 11, 2022. 41 42 43

Article 3. Trial Court Costs 1 2 Rule 3.2240. Trial court costs in Oakland Ballpark and Inglewood Arena certain 3 streamlined CEQA projects 4 5 In fulfillment of the provisions in Public Resources Code sections 21168.6.7, and 6 21168.6.8, 21168.6.9, and 21183 regarding payment of trial court costs with respect to 7 cases concerning certain streamlined CEQA environmental leadership development, 8 environmental leadership transit, Oakland ballpark, and Inglewood arena projects: 9 10

(1) Within 10 days after service of the petition or complaint in a case concerning an 11 environmental leadership development project, the person or entity that applied for 12 certification of the project as an environmental leadership development project 13 must pay a fee of $180,000 to the court. 14 15

(2) Within 10 days after service of the petition or complaint in a case concerning an 16 environmental leadership transit project, the project applicant must pay a fee of 17 $180,000 to the court. 18 19 (1)

(3) Within 10 days after service of the petition or complaint in a case concerning an 20 Oakland ballpark project or an Inglewood arena project, the person or entity that 21 applied for certification of the project as a streamlined CEQA project must pay a 22 fee of $120,000 to the court. 23 24 (2)

(4) If the court incurs the costs of any special master appointed by the court in the case 25 or of any contract personnel retained by the court to work on the case, the person or 26 entity that applied for certification of the project or the project applicant must also 27 pay, within 10 days of being ordered by the court, those incurred or estimated costs. 28 29 (3)

(5) If the party fails to timely pay the fee or costs specified in this rule, the court may 30 impose sanctions that the court finds appropriate after notifying the party and 31 providing the party with an opportunity to pay the required fee or costs. 32 33 (4)

(6) Any fee or cost paid under this rule is not recoverable. 34 35 Rule 3.2240 amended effective January 1, 2023;adopted effective March 11, 2022. 36 37 38 Rule 5.51. Confidential cover sheet for parentage actions or proceedings involving 39 assisted reproduction; other requirements 40 41 (

a) Application 42 43

14 This rule applies to actions or proceedings filed with the court after January 1, 1 2023, involving assisted reproduction, in which the parties seek to determine a 2 parental relationship under Family Code

section 7613 or 7630, or sections 7960– 3 7962. 4 5 (

b) Filing Requirement 6 7 To comply with Family Code

section 7643.5, for all actions in (a): 8 9

(1) Petitioner must complete a Confidential Cover Sheet—Parentage Action 10 Involving Assisted Reproduction (form FL-211) and attach it to the initial 11 papers being filed with the court; and 12 13

(2) The court clerk must maintain form FL-211, the initial papers, and all 14 subsequent papers—other than the final judgment—in a confidential court 15 file. 16 17 Rule 5.51 adopted effective January 1, 2023. 18 19 Rule 5.210. Court-connected child custody mediation 20 21 (a)–(c) * * * 22 23 (

d) Responsibility for mediation services 24 25 (1) * * * 26 27

(2) Each court-connected mediator must: 28 29 (A)–(C) * * * 30 31

(3) If so informed by the child at any point, each child custody recommending 32 counselor must notify the parties, other professionals serving on the case, and 33 then the judicial officer: 34 35 (

A) About the child’s desire to provide input and address the court; and 36 37 (

B) As soon as feasible, that the child has changed their choice about 38 addressing the court. 39 40 (Subd (

d) amended effective January 1, 2023; previously amended effective January 1, 41 2002, and January 1, 2003, and January 1, 2007.) 42 43

15 (e)–(h) * * * 1 2 Rule 5.210 amended effective January 1, 2023; adopted as rule 1257.1 effective July 1, 2001; 3 amended and renumbered as rule 5.210 effective January 1, 2003; previously amended effective 4 January 1, 2003, January 1, 2005, January 1, 2007, and January 1, 2016. 5 6 Rule 5.220. Court-ordered child custody evaluations 7 8 (a)–(c) * * * 9 10 (

d) Responsibility for evaluation services 11 12 (1)* * * 13 14

(2) The child custody evaluator must: 15 16 (

A) Consider the health, safety, welfare, and best interest of the child within 17 the scope and purpose of the evaluation as defined by the court order; 18 19 (

B) Strive to minimize the potential for psychological trauma to children 20 during the evaluation process; and 21 22 (

C) Include in the initial meeting with each child an age-appropriate 23 explanation of the evaluation process, including limitations on the 24 confidentiality of the process; 25 26 (

D) Inform the parties, other professionals serving on the case, and then the 27 judicial officer about the child’s desire to provide input and address the 28 court; and 29 30 (

E) If so informed by the child at any point, provide notice that the child 31 has changed their choice about addressing the court. Notice must be 32 provided as soon as feasible to the parties or their attorneys, other 33 professionals serving on the case, and then to the judicial officer. 34 35 (Subd (

d) amended effective January 1, 2023; previously amended effective January 1, 36 2003, and January 1, 2007.) 37 38 Rule 5.220 amended effective January 1, 2023; adopted as rule 1257.3 effective January 1, 1999; 39 previously amended and renumbered effective January 1, 2003; previously amended effective 40 July 1, 1999, July 1, 2003, January 1, 2004, January 1, 2007, January 1, 2010, January 1, 2021, 41 and September 1, 2022. 42 43

16 (e)–(k) * * * 1 2 3 Rule 5.242. Qualifications, rights, and responsibilities of counsel appointed to 4 represent a child in family law proceedings 5 6 (a)–(i) * * * 7 8 (

j) Responsibilities of counsel for a child 9 10 Counsel is charged with the representation of the child’s best interest. The role of 11 the child’s counsel is to gather evidence that bears on the best interest of the child 12 and present that admissible evidence to the court in any manner appropriate for the 13 counsel of a party. If the child so desires, the child’s counsel must present the 14 child’s wishes to the court. 15 16 (1)–(3) * * * 17 18

(4) In any case in which counsel is representing a child who is called to testify in 19 the proceeding, counsel must: 20 21 (A)–(B) * * * 22 23 (

C) Provide procedures relevant to the child’s participation and, if 24 appropriate, provide an orientation to the courtroom where the child 25 will be testifying; and 26 27 (

D) Inform the parties, other professionals serving on the case, and then the 28 court judicial officer about the client’s desire to provide input and 29 address the court; and 30 31 (

E) If so informed by the child at any point, provide notice that the child 32 has changed their choice about addressing the court. Notice must be 33 provided as soon as feasible to the parties or their attorneys, other 34 professionals serving on the case, and then to the judicial officer. 35 36 (Subd (

j) amended effective January 1, 2023; previously amended effective January 1, 37 2012.) 38 39 (k) * * * 40 41 Rule 5.242 amended effective January 1, 2023; adopted effective January 1, 2008; previously 42 amended effective January 1, 2012, and January 1, 2016. 43

17 1 2 Rule 5.250. Children’s participation and testimony in family court proceedings 3 4 (

a) Children’s participation Authority and overview 5 6 This rule is intended to implement Family Code

section 3042. Children’s 7 participation in family law matters must be considered on a case-by-case basis. No 8 statutory mandate, rule, or practice requires children to participate in court or 9 prohibits them from doing so. When a child wishes to participate, the court should 10 find a balance between protecting the child, the statutory duty to consider the 11 wishes of and input from the child, and the probative value of the child’s input 12 while ensuring all parties’ due process rights to challenge evidence relied upon by 13 the court in making custody decisions. 14 15 Subd (

a) amended effective January 1, 2023.) 16 17 (

b) Children’s participation 18 19 When a child wishes to participate in a court proceeding involving child custody 20 and visitation (parenting time): 21 22

(1) The court should find a balance between protecting the child, the statutory 23 duty to consider the wishes of and input from the child, and the probative 24 value of the child’s input while ensuring all parties’ due process rights to be 25 aware of and to challenge evidence relied on by the court in making custody 26 decisions. 27 28

(2) The court must: 29 30 (

A) Consider a child’s participation in family law matters on a case-by-case 31 basis; and 32 33 (

B) Not permit a child addressing the court about child custody or visitation 34 (parenting time) to do so in the presence of the parties. The court must 35 provide an alternative to having the child address the court in the 36 presence of the parties to obtain input directly from the child. 37 38

(3) Notwithstanding the prohibition in (b)(2)(B), the court: 39 40 (

A) May permit the child addressing the court about child custody or 41 visitation (parenting time) to do so in the presence of the parties if the 42

18 court determines that doing so is in the child’s best interests and states 1 its reasons for that finding on the record; and 2 3 (

B) Must, in determining the best interests of the child under (b)(2)(A), 4 consider whether addressing the court regarding child custody or 5 visitation (parenting time) in the presence of the parties is likely to be 6 detrimental to the child. 7 8 (Subd (

b) adopted effective January 1, 2023.) 9 10 (b) (

c) Determining if the child wishes to address, or has changed their choice about 11 addressing, the court 12 13

(1) The following persons must inform the court notify the persons in (c)(2) if 14 they have information indicating that a child in a custody or visitation 15 (parenting time) matter either wishes to address the court or has changed their 16 choice about addressing the court: 17 18 (

A) An minor’s counsel attorney appointed to represent the child in the 19 case; 20 21 (

B) An evaluator; 22 23 (

C) An investigator; and 24 25 (

D) A child custody recommending counselor who provides 26 recommendations to the judge judicial officer under Family Code 27

section 3183; and 28 29 (

E) Other professionals serving on the case. 30 31

(2) The notice described in (c)(1) must be given, as soon as feasible, to the 32 following: 33 34 (

A) The parties or their attorneys; 35 36 (

B) The attorney appointed to represent the child; 37 38 (

C) Other professionals serving on the case; and then 39 40 (

D) The judicial officer. 41 42

19 (2)

(3) The following persons may inform the court if they have information 1 indicating that a child wishes to address the court: 2 3 (A)–(B) * * * 4 5 (3)

(4) In the absence of information indicating a child wishes to address the court, 6 the judicial officer may inquire whether the child wishes to do so. 7 8 (Subd (

c) relettered and amended effective January 1, 2023; adopted as subd (b).) 9 10 (c) (d) * * * 11 12 (Subd (

d) relettered effective January 1, 2023; adopted as subd (c).) 13 14 (d) (

e) Guidelines for receiving testimony and other input 15 16 (1)–(4) * * * 17 18

(5) In any case in which a child will be called to testify, the court may consider 19 the appointment of minor’s counsel for that child. The court may consider 20 whether such appointment will cause unnecessary delay or otherwise 21 interfere with the child’s ability to participate in the process. In addition to 22 adhering to the requirements for minor’s counsel under Family Code

section 23 3151 and rules 5.240, 5.241, and 5.242, and subdivision (

c) of this rule, 24 minor’s counsel must: 25 26 (A)–(C) * * * 27 28 (

D) Inform the parties and then the court about the client’s desire to provide 29 input 30 31 (6) * * * 32 33 (Subd (

e) relettered and amended effective January 1, 2023; adopted as subd (d).) 34 35 (e) (

f) Additional responsibilities of court-connected or appointed professionals 36 37 In addition to the duties in (c), a child custody evaluator, a child custody 38 recommending counselor, or a mediator an investigator assigned to meet with a 39 child in a family court proceeding must: 40 41 (1)–(3) * * * 42 43

20 (Subd (

f) relettered and amended effective January 1, 2023; adopted as subd (e).) 1 2 (f) (g) * * * 3 4 (Subd (

g) relettered effective January 1, 2023; adopted as subd (f).) 5 6 (g) (h) * * * 7 8 (Subd (

h) relettered effective January 1, 2023; adopted as subd (g).) 9 10 Rule 5.250 amended effective January 1, 202; adopted effective January 1, 2012. 11 12 13 Rule 5.340. Judicial education for child support commissioners 14 15 Every commissioner whose principal judicial assignment is to hear child support matters 16 must attend the following judicial education programs: 17 18

(1) Basic child support law education 19 20 Within six months one year of beginning an assignment as a child support 21 commissioner, the judicial officer must attend a basic educational program on 22 California child support law and procedure designed primarily for judicial officers. 23 The training program must include instruction on both state and federal laws 24 concerning child support.

A judicial officer who has completed the basic 25 educational program need not attend the basic educational program again. 26 27 (2)–(4) *** 28 29 Rule 5.340 amended effective January 1, 2023; adopted as rule 1280.8 effective July 1, 1999; 30 previously amended and renumbered effective January 1, 2003; previously amended effective 31 January 1, 2007, and January 1, 2017. 32 33

Chapter 4. Protective Orders [Repealed] 34 35 Rule 5.495. Firearm relinquishment procedures [Repealed] 36 37 (

a) Application of rule 38 39 This rule applies when a family or juvenile law domestic violence protective order 40 as defined in Family Code

section 6218 or Welfare and Institutions Code

section 41 213.5 is issued or in effect. 42 43

21 (

b) Purpose 1 2 This rule addresses situations in which information is presented to the court about 3 firearms and provides the court with options for appropriately addressing the issue. 4 This rule is intended to: 5 6

(1) Assist courts issuing domestic violence protective orders in determining 7 whether a restrained person has a firearm in or subject to his or her 8 immediate possession or control. 9 10

(2) Assist courts that have issued domestic violence protective orders in 11 determining whether a restrained person has complied with the court’s order 12 to relinquish, store, or sell the firearm under Family Code

section 6389(c). 13 14 (

c) Firearm determination 15 16 When relevant information is presented to the court at any noticed hearing that a 17 restrained person has a firearm, the court must consider that information to 18 determine, by a preponderance of the evidence, whether the person subject to a 19 protective order as defined in Family Code

section 6218 or Welfare and Institutions 20 Code

section 213.5 has a firearm in or subject to his or her immediate possession or 21 control in violation of Family Code

section 6389. 22 23 (

d) Determination procedures 24 25

(1) In making a determination under this rule, the court may consider whether the 26 restrained person filed a firearm relinquishment, storage, or sales receipt or if 27 an exemption from the firearm prohibition was granted under Family Code 28

section 6389(h). 29 30

(2) The court may make the determination at any noticed hearing when a 31 domestic violence protective order is issued, at a subsequent review hearing, 32 or at any subsequent family or juvenile law hearing while the order remains 33 in effect. 34 35

(3) If the court makes a determination that the restrained person has a firearm in 36 violation of Family Code

section 6389, the court must make a written record 37 of the determination and provide a copy to any party who is present at the 38 hearing and, upon request, to any party not present at the hearing. 39 40 (

e) Subsequent review hearing 41 42

(1) When presented with information under (c), the court may set a review 1 hearing to determine whether a violation of Family Code

section 6389 has 2 taken place. 3 4

(2) The review hearing must be held within 10 court days after the noticed 5 hearing at which the information was presented. If the restrained person is not 6 present when the court sets the review hearing, the protected person must 7 provide notice of the review hearing to the restrained person at least 2 court 8 days before the review hearing, in accordance with Code of Civil Procedure 9 414.10, by personal service or by mail to the restrained person’s last known 10 address. 11 12

(3) The court may for good cause extend the date of the review hearing for a 13 reasonable period or remove it from the calendar. 14 15

(4) The court must order the restrained person to appear at the review hearing. 16 17

(5) The court may conduct the review hearing in the absence of the protected 18 person. 19 20

(6) Nothing in this rule prohibits the court from permitting a party to appear by 21 telephone under California Rules of Court, rule 5.9. 22 23 (

f) Child custody and visitation 24 25

(1) If the court determines that the restrained person has a firearm in violation of 26 Family Code

section 6389, the court must consider that determination when 27 deciding whether the restrained person has overcome the presumption in 28 Family Code

section 3044. 29 30

(2) An order for custody or visitation issued at any time during a family law 31 matter must be made in a manner that ensures the health, safety, and welfare 32 of the child and the safety of all family members, as specified in Family Code 33

section 3020. The court must consider whether the best interest of the child, 34 based on the circumstances of the case, requires that any visitation or custody 35 arrangement be limited to situations in which a third person, specified by the 36 court, is present, or that visitation or custody be suspended or denied, as 37 specified in Family Code

section 6323(d). 38 39

(3) An order for visitation issued at any time during a juvenile court matter must 40 not jeopardize the safety of the child, as specified in Welfare and Institutions 41 Code

section 362.1. 42 43

23 (

g) Other orders 1 2

(1) The court may consider a determination that the restrained person has a 3 firearm in violation of Family Code

section 6389 in issuing: 4 5 (

A) An order to show cause for contempt under

section 1209(a)(5) of the 6 Code of Civil Procedure for failure to comply with the court’s order to 7 surrender or sell a firearm; or 8 9 (

B) An order for money sanctions under

section 177.5 of the Code of Civil 10 Procedure. 11 12

(2) This rule should not be construed to limit the court’s power to issue orders it 13 is otherwise authorized or required to issue. 14 15 Rule 5.495 repealed effective January 1, 2023; adopted effective July 1, 2014. 16 17 Advisory Committee Comment 18 19 When issuing a family or juvenile law domestic violence protective order as defined in Family 20 Code

section 6218 or Welfare and Institutions Code

section 213.5, ex parte or after a noticed 21 hearing, the court is required to order a restrained person “to relinquish any firearm in [that 22 person’s] immediate possession or control or subject to [that person’s] immediate possession or 23 control.” (Fam.

Code, § 6389(c)(1).) Several mandatory Judicial Council forms— Temporary 24 Restraining Order (form DV-110), Restraining Order After Hearing (form DV-130), and Notice 25 of Hearing and Temporary Restraining Order— Juvenile (form JV-250)—include mandatory 26 orders in bold type that the restrained person must sell to or store with a licensed gun dealer or 27 turn in to a law enforcement agency any guns or other firearms within his or her immediate 28 possession or control within 24 hours after service of the order and must file a receipt with the 29 court showing compliance with the order within 48 hours of receiving the order.

California law 30 requires personal service of the request for and any temporary protective order at least five days 31 before the hearing, unless the court issues an order shortening time for service. Therefore, by the 32 date of the hearing, the restrained person should have relinquished, stored, or sold his or her 33 firearms and submitted a receipt to the court. 34 35 Courts are encouraged to develop local procedures to calendar firearm relinquishment review 36 hearings for restrained persons. 37 38

Section (

f) of this rule restates existing law on the safety and welfare of children and family 39 members and recognizes the safety issues associated with the presence of prohibited firearms. 40 41 Although this rule does not require the court to compel a restrained person to testify, the court 42 may wish to advise a party of his or her privilege against self-incrimination under the Fifth 43

24 Amendment to the United States Constitution. The court may also consider whether to grant use 1 immunity under Family Code

section 6389(d). 2 3 Rule 5.618. Placement in short-term residential therapeutic program or community 4 treatment facility (§§ 361.22, 727.12) 5 6 (

a) Applicability 7 8 This rule applies to the court’s review under

section 361.22 or 727.12 following the 9 placement of a child or nonminor dependent in a short-term residential therapeutic 10 program or community treatment facility. 11 12 (Subd (

a) amended effective January 1, 2023.) 13 14 (

b) Service of request for hearing 15 16 The social worker or probation officer must use Placing Agency’s Request for 17 Review of Placement in Short-Term Residential Therapeutic Program or 18 Community Treatment Facility (form JV-235) to request a hearing and notify the 19 following parties that a hearing is requested under

section 361.22(b)(1) or 20 727.12(b)(1), and serve a copy of the form and a blank copy of Input on Placement 21 in Short-Term Residential Therapeutic Program or Community Treatment Facility 22 (form JV-236) within five calendar days of each placement of a child or nonminor 23 dependent in a short-term residential therapeutic program or community treatment 24 facility on: 25 26

(1) The child’s parents and their attorneys of record, if parental rights have not 27 been terminated, or a nonminor dependent’s parents and their attorneys of 28 record, if the parent is receiving family reunification services; 29 30

(2) The child’s legal guardians, if applicable, and their attorneys of record or the 31 nonminor dependent’s legal guardians and their attorneys of record, if the 32 legal guardian is receiving family reunification services; 33 34

(3) The attorney of record for the child or nonminor dependent, or their CAPTA 35 guardian ad litem as defined by rule 5.662, and the child, if older than 10 36 years of age or older, or the nonminor dependent; 37 38

(4) The child’s or nonminor dependent’s Indian tribe a nd any Indian custodian, 39 in the case of an Indian child, and their attorneys of record; and 40 41

(5) The district attorney, if the youth is a ward of the juvenile court; 42 43

25 (5)

(6) For a child or nonminor dependent under

section 300 or 450 jurisdiction, The 1 child’s or nonminor dependent’s Court Appointed Special Advocate 2 volunteer, if applicable.; and 3 4

(7) A nonminor dependent’s guardian ad litem, if one has been appointed under 5 Code of Civil Procedure

section 372 and Probate Code sections 810–813. 6 7 (Subd (

b) amended effective January 1, 2023.) 8 9 (

c) Setting the hearing 10 11 After receiving a request for a hearing, Tthe court must set a hearing under

section 12 361.22(

d) or 727.12(

d) after receiving a request for a hearing to be held within 45 13 days of the start of the short-term residential therapeutic program or community 14 treatment facility placement. The court must provide notice of the hearing to the 15 following: 16 17

(1) The child’s parents and their attorneys of record, if parental rights have not 18 been terminated, or a nonminor dependent’s parents and their attorneys of 19 record, if the parent is receiving family reunification services; 20 21

(2) The child’s legal guardians, if applicable, and their attorneys of record or a 22 nonminor dependent’s legal guardians and their attorneys of record, if the 23 legal guardian is receiving family reunification services; 24 25

(3) The attorney of record for the child or nonminor dependent, or their CAPTA 26 guardian ad litem as defined by rule 5.662, and the child if older than 10 27 years of age or older, or the nonminor dependent; 28 29

(4) A nonminor dependent’s guardian ad litem if one has been appointed under 30 Code of Civil Procedure

section 372 and Probate Code sections 810–813; 31 32 (4)

(5) The child’s or nonminor dependent’s Indian tribe and any Indian custodian, 33 in the case of an Indian child, and their attorneys of record; and 34 35

(6) The social worker or probation officer; 36 37

(7) The district attorney, if the youth is a ward of the juvenile court; 38 39

(8) The county counsel, if the youth is a dependent of the juvenile court; and 40 41 (5)

(9) The child’s or nonminor dependent’s Court Appointed Special Advocate 42 volunteer, if applicable. 43

26 1 (Subd (

c) amended effective January 1, 2023.) 2 3 (

d) Report for the hearing 4 5

(1) The report described in social worker or probation officer must submit a 6 report to the court that includes the information required by

section 361.22(c) 7 or 727.12(

c) must be filed with the court no later than seven calendar days 8 before the hearing. 9 10

(2) The report must be served on the individuals listed in (

c) of this rule no later 11 than seven calendar days before the hearing. 12 13

(3) The documentation required by

section 361.22(c)(1)(

A) or 727(c)(1)(

A) must 14 not contain information that is privileged or confidential under existing state 15 law or federal law or regulation without the appropriate waiver or consent. 16 17 (Subd (

d) amended effective January 1, 2023.) 18 19 (

e) Input on placement 20 21

(1) The following parties who object to the placement may inform the court of 22 the objection by filing Input on Placement in Short-Term Residential 23 Therapeutic Program or Community Treatment Facility (form JV-236): 24 25 (

A) The child’s parents and their attorneys of record, if parental rights have 26 not been terminated, or a nonminor dependent’s parents and their 27 attorneys of record, if the parent is receiving family reunification 28 services; 29 30 (

B) The child’s legal guardians, if applicable, and their attorneys of record 31 or the nonminor dependent’s legal guardians and their attorneys of 32 record, if the legal guardian is receiving family reunification services; 33 34 (

C) The attorney of record for the child or nonminor dependent, or their 35 CAPTA guardian ad litem as defined by rule 5.662, and the child, if 36 older than 10 years of age or older, or the nonminor dependent; and 37 38 (

D) A nonminor dependent’s guardian ad litem, if one has been appointed 39 under Code of Civil Procedure

section 372 and Probate Code sections 40 810–813; 41 42

27 (D)(

E) The child’s or nonminor dependent’s Indian tribe and any Indian 1 custodian, in the case of an Indian child, and their attorneys of record.; 2 and 3 4 (

F) The district attorney, if the youth is a ward of the juvenile court. 5 6

(2) Form JV-236 may be used to The individuals listed in (1) and other 7 individuals with an interest in the child or nonminor dependent may use form 8 JV-236 to provide input to the court on the child’s or nonminor’s dependent’s 9 placement in the short-term residential therapeutic program or community 10 treatment facility by the individuals listed in (1) and other individuals with an 11 interest in the child or nonminor. 12 13

(3) Input from a Court Appointed Special Advocate volunteer can also be by a 14 court report under local rule. 15 16

(4) Local county practice and local rules of court determine the procedures for 17 completing, filing, and noticing serving form JV-236, except as otherwise 18 provided in this rule. 19 20 (Subd (

e) amended effective January 1, 2023.) 21 22 (

f) Approval without a hearing 23 24

(1) After the court receives a request for a hearing, the court may approve the 25 placement without a hearing if the following conditions are met: 26 27 (

A) The service requirements of (

b) were met; 28 29 (

B) No later than 5 court days before the hearing date, Tthe placing agency 30 has filed Proof of Service—Short-Term Residential Therapeutic 31 Program Placement or Community Treatment Facility (JV-237) 32 verifying that the parties listed in (e)(1) were served, no later than 10 33 court days before the hearing date, a copy of the report described in 34

section 361.22(

c) or 727.12(

c) and a completed Notice of Request for 35 Approval of Short-Term Residential Therapeutic Program or 36 Community Treatment Facility Without a Hearing (form JV-240) no 37 later than 10 court days before the hearing date; 38 39 (

C) No party listed in (e)(1) has notified the court of their objection to the 40 placement within 5 court days of receiving the report described in 41

section 361.22(

c) or 727.12(c). Code of Civil Procedure

section 42 1013(

a) does not apply to this deadline; and 43

28 1 (

D) Based on the information before the court, the court intends to approve 2 the placement consistent with

section 361.22(

e) or 727.12(

e) and (

g) of 3 this rule. 4 5

(2) If the court approves the placement without a hearing, it must notify the 6 individuals in (

c) of the court’s decision to approve the placement and vacate 7 the hearing set under

section 361.22(d)(1) or 727.12(d)(1). 8 9

(3) Nothing in this subdivision precludes the court from holding a hearing when 10 no objection to the placement is received. 11 12

(4) Notwithstanding (1)–(3), the court may approve the placement without a 13 hearing under a local rule of court if the local rule is adopted under the 14 procedures in rule 10.613 and meets the following requirements: 15 16 (

A) The rule ensures that, before the hearing date, the placing agency has 17 filed form JV-237 verifying that the parties listed in (e)(1) were served, 18 no later than 10 court days before the hearing date, a copy of the report 19 described in

section 361.22(

c) or 727.12(

c) and form JV-240 no later 20 than 10 court days before the hearing date; 21 22 (

B) The rule ensures the court does not approve the placement until all the 23 parties listed in (e)(1), after receiving the report, have been given an 24 opportunity to indicate to the court their position on the placement 25 through form JV-236; and 26 27 (

C) The rule ensures the court’s approval is consistent with

section 28 361.22(

e) or 727.12(

e) and (

g) of this rule; and 29 30 (D)(

C) The rule ensures that the approval occurs no later than 60 days 31 from the start of the placement. 32 33 (Subd (

f) amended effective January 1, 2023.) 34 35 (

g) Conduct of the hearing 36 37

(1) In addition to the report described in

section 361.22(

c) or 727.12(c), the court 38 may must consider all evidence relevant to the court’s determinations of 39 required under

section 361.22(e)(2), (3) and (4) or 727.12(e)(2), (3) and (4) 40 and whether the placement in the short-term residential therapeutic program 41 or community treatment facility is consistent with the child’s or nonminor 42 dependent’s best interest. 43

29 1

(2) The court must make the findings determinations in

section 361.22(e)(2) and 2 (3) or 727.12(e)(2) and (3) by a preponderance of the evidence. 3 4

(3) The court must approve or disapprove the placement based on the 5 determinations required by

section 366.22 361.22(e)(2), (3) and (4) or 6 727.12(e)(2), (3) and (4) and whether it appears that the child’s or nonminor 7 dependent’s best interest will be promoted by the placement. 8 9

(4) If the court continues the hearing for good cause, including for an evidentiary 10 hearing, in no event may the hearing be continued beyond 60 days after the 11 start of the placement. 12 13 (Subd (

g) amended effective January 1, 2023.) 14 15 Rule 5.618 amended effective January 1, 2023; adopted effective October 1, 2021. 16 17 Advisory Committee Comment 18 19 The exception to Code of Civil Procedure

section 1013(

a) in subdivision (f)(1)(

C) was created 20 because of the exigency required by the timelines of sections 361.22 and 727.12 and the need for 21 a prompt resolution of the youth’s placement status in a short-term residential therapeutic 22 program or community treatment facility. 23 24 25 Rule 5.620. Orders after filing under

section 300 26 27 (a) * * * 28 29 (

b) Restraining orders (§ 213.5) 30 31 After a petition has been filed under

section 300, and until the petition is dismissed 32 or dependency is terminated, the court may issue restraining orders as provided in 33 rule 5.630. A temporary restraining order must be prepared on Notice of Court 34 Hearing and Temporary Restraining Order— Juvenile (form JV-250). An order 35 after hearing must be prepared on Restraining Order— Juvenile Juvenile 36 Restraining Order After Hearing (form JV-255). 37 38 (Subd (

b) amended effective January 1, 2023; previously amended effective January 1, 39 2007, and January 1, 2014.) 40 41 (c)–(e) * * * 42 43

30 Rule 5.620 amended effective January 1, 2023; adopted as rule 1429.1 effective January 1, 2000; 1 previously amended and renumbered as rule 5.620 effective January 1, 2007; previously 2 amended effective January 1, 2014, January 1, 2016, and January 1, 2021. 3 4 Rule 5.625. Orders after filing of petition under

section 601 or 602 5 6 (

a) Restraining orders (§ 213.5) 7 8 After a petition has been filed under

section 601 or 602, and until the petition is 9 dismissed or wardship is terminated, the court may issue restraining orders as 10 provided in rule 5.630. A temporary restraining order must be prepared on Notice 11 of Court Hearing and Temporary Restraining Order— Juvenile (form JV-250) or, if 12 the restrained person is the subject of a petition under

section 601 or 602, on Notice 13 of Court Hearing and Temporary Restraining Order Against a Child (form JV- 14 260). An order after hearing must be prepared on Restraining Order— Juvenile 15 Juvenile Restraining Order After Hearing (form JV-255) or, if the restrained 16 person is the subject of a petition under

section 601 or 602, on Juvenile Restraining 17 Order After Hearing—Against a Child (form JV-265). 18 19 (Subd (

a) amended effective January 1, 2023; previously amended effective January 1, 20 2003, and January 1, 2007, and January 1, 2014.) 21 22 (b)–(c) * * * 23 24 Rule 5.625 amended effective January 1, 2023; adopted as rule 1429.3 effective January 1, 2000; 25 previously amended effective January 1, 2003, January 1, 2014, and January 1, 2021; previously 26 amended and renumbered effective January 1, 2007. 27 28 Rule 5.630. Restraining orders 29 30 (

a) Court’s authority (§§ 213.5, 304) 31 32

(1) After a petition has been filed under

section 300, 601, or 602, and until the 33 petition is dismissed or dependency or wardship is terminated, or the ward is 34 no longer on probation, the court may issue restraining orders as provided in 35

section 213.5. The juvenile court has exclusive jurisdiction under

section 36 213.5 to issue a restraining order to protect the child who is the subject of a 37 petition under

section 300, or any other child in the household. 38 39

(2) The juvenile court, on its own motion, may issue an order as provided for in 40

section 213.5, or as described in Family Code

section 6218. 41 42 (Subd (

a) amended effective January 1, 2023; previously effective January 1, 2012.) 43

31 1 (c)(

b) The definition of abuse in Family Code

section 6203 applies to restraining 2 orders issued under Welfare and Institutions Code

section 213.5. 3 4 (Subd (

b) relettered effective; January 1, 2023); adopted as subd (

c) effective January 1, 5 2012.) 6 7 (b)(

c) Application for restraining orders 8 9

(1) Application for restraining orders may be made orally at any scheduled 10 hearing regarding the child who is the subject of a petition under

section 300, 11 601, or 602, or may be made by written application, or may be made on the 12 court’s own motion. 13 14

(2) If the application is made orally and the court gr ants a temporary order, the 15 court may direct the requesting party to prepare a temporary order, as 16 directed in (8) below, obtain the judicial officer’s signature, file the order 17 with the court, and serve the order on the restrained person. 18 19 (2)

(3) The The written If the application is made in writing, it must be submitted on 20 Request for Restraining Order— Juvenile Request for Juvenile Restraining 21 Order (form JV-245) or, if the request is for a restraining order against the 22 child or youth who is the subject of a petition under

section 601 or 602, on 23 Request for Juvenile Restraining Order Against a Child (form JV-258). 24 25 (3)

(4) A person requesting applying for a restraining order in writing must submit to 26 the court with the request application a completed Confidential CLETS 27 Information Form (form CLETS-001) under rule 1.51. 28 29 (

d) Applications— procedure 30 31

(5) If the application is related to domestic violence, the application may be 32 submitted without notice, and the court may grant the petition request and 33 issue a temporary order. 34 35

(6) If the application is not related to domestic violence, the notice requirements 36 in Code of Civil Procedure

section 527 apply. 37 38 (1)

(7) In determining whether or not to issue the temporary restraining order 39 without notice, the court must consider all documents submitted with the 40 application and may review the contents of the juvenile court file regarding 41 the child. 42 43

32 (2)

(8) The temporary restraining order must be prepared on Notice of Court 1 Hearing and Temporary Restraining Order— Juvenile (form JV-250) or, if 2 the restrained person is the subject of a petition under

section 601 or 602, on 3 Notice of Court Hearing and Temporary Restraining Order Against a Child 4 (form JV-260), and must state on its face the date of expiration of the order. 5 6 (Subd (

c) amended and relettered effective January 1, 2023; adopted as subd (b); 7 previously amended effective January 1, 2003, January 1, 2004, January 1, 2007, and 8 January 1, 2012.) 9 10 (e)(

d) Continuance 11 12

(1) The court may grant a continuance under Welfare and Institutions Code 13

section 213.5. 14 15

(2) The court must grant one request for continuance by the restrained party for a 16 reasonable period of time to respond to the petition. 17 18

(3) A written request for a continuance must be made on Request to Reschedule 19 Restraining Order Hearing (form JV-251). 20 21 (2)

(4) Either Either Request and Order to Continue Hearing (Temporary Restraining 22 Order— Juvenile) (form JV-251) Order on Request to Reschedule Restraining 23 Order Hearing (form JV-253) or a new Notice of Court Hearing and 24 Temporary Restraining Order— Juvenile (form JV-250) must be used for this 25 purpose to grant or deny a request for continuance. If the restrained person is 26 the subject of a petition under

section 601 or 602, either form JV-253 or a 27 new Notice of Court Hearing and Temporary Restraining Order Against a 28 Child (form JV-260) must be used. 29 30 (Subd (

d) amended and relettered effective January 1, 2023; adopted as subd (

g) effective 31 January 1, 2003; amended and relettered as subd (

e) effective January 1, 2012; previously 32 amended effective January 1, 2004, January 1, 2007, and January 1, 2014, and July 1, 33 2016.) 34 35 (f)(

e) Hearing on application for restraining order 36 37

(1) Proof may be by the application and any attachments, additional declarations 38 or documentary evidence, the contents of the juvenile court file, testimony, or 39 any combination of these. 40 41

(2) The restraining order hearing may be held at the same time as any hearing to 1 declare the child a dependent or ward of the juvenile court under

section 300, 2 601, or 602, or subsequent hearings regarding the dependent or ward. 3 4

(3) The restraining order hearing must be held within the timelines in

section 5 213.5(c)(1). 6 7 (2)

(4) The order after hearing must be prepared on Restraining Order— Juvenile 8 Juvenile Restraining Order After Hearing (form JV-255) or, if the restrained 9 person is the subject of a petition under

section 601 or 602, Juvenile 10 Restraining Order After Hearing—Against a Child (form JV-265), and must 11 state on its face the date of expiration of the order. 12 13 (Subd (

e) amended and relettered effective January 1, 2023; adopted as subd (d); 14 previously amended effective January 1, 2007, and January 1, 2014; previously amended 15 and relettered as subd (

h) effective January 1, 2003, and as subd (

f) effective January 1, 16 2012.) 17 18 (g)(

f) Service of restraining order 19 20 When service of Notice of Court Hearing and Temporary Restraining Order— 21 Juvenile (form JV-250), Notice of Court Hearing and Temporary Restraining 22 Order Against a Child (form JV-260), or Juvenile Restraining Order After 23 Hearing— Juvenile (form JV-255), or Juvenile Restraining Order After Hearing— 24 Against a Child (form JV-265) is made, it must be served with a blank Proof of 25 Firearms Turned In, Sold, or Stored Receipt for Firearms, Firearm Parts, and 26 Ammunition (form DV-800/JV-252 JV-270) and How Do I Turn In, Sell, or Store 27 My Firearms?, Firearm Parts, and Ammunition? (form DV-800-INFO/JV-252- 28 INFO JV-270-INFO).

Failure to serve form JV-252 or JV-252-INFO JV-270 or JV- 29 270-INFO does not make service of form JV-250, or form JV-255, form JV-260, or 30 form JV-265 invalid. 31 (Subd (

f) amended and relettered effective January 1, 2023; adopted as subd (

g) effective 32 January 1, 2012; previously amended effective January 1, 2014, and July 1, 2014.) 33 34 (h)(

g) Firearm relinquishment 35 36 The firearm and ammunition relinquishment procedures in rule 5.495 Family Code 37 sections 6322.5 and 6389 also apply to restraining orders issued under

section 38 213.5. 39 40 (Subd (

g) amended and relettered effective January 1, 2023; adopted as subd (

h) effective 41 July 1, 2014.) 42 43

34 (i)(h) * * * 1 2 (Subd (

h) relettered effective January 1, 2023; adopted as subd (

h) effective January 1, 3 2012; relettered as subd (

i) effective July 1, 2014.) 4 5 6 (j)(

i) Criminal records search (§ 213.5 (

k) and Stats. 2001, ch. 572, § 7) 7 8

(1) Except as provided in (3), B efore any hearing on the issuance or denial of a 9 restraining order, the court must ensure that a criminal records search is or 10 has been conducted as described in Family Code

section 6306(a). Before 11 deciding whether to issue a restraining order, the court must consider the 12 information obtained from the search. 13 14

(2) If the results of the search indicate that an outstanding warrant exists against 15 the subject of the search, or that the subject of the search is currently on 16 parole or probation, the court must proceed under

section 213.5(k)(3). 17 18

(3) The requirements of (1) and (2) must be implemented in those courts 19 identified by the Judicial Council as having resources currently available for 20 these purposes. All other courts must implement the requirements to the 21 extent that funds are appropriated for this purpose in the annual Budget Act. 22 23 (Subd (

i) amended and relettered effective January 1, 2023; adopted as subd (

i) effective 24 January 1, 2003; previously amended effective January 1, 2007, and January 1, 2012, 25 previously relettered as subd (

j) effective July 1, 2014.) 26 27 (k)(

j) Modification of restraining order 28 29

(1) A restraining order may be modified on the court’s own motion or in the 30 manner provided for in Welfare and Institutions Code

section 388 or 778, as 31 appropriate, and rule 5.560 5.570. 32 33

(2) A termination or modification order must be made on Change to Restraining 34 Order After Hearing (form JV-257). A new Restraining Order— Juvenile 35 Juvenile Restraining Order After Hearing (form JV-255) or, if the restrained 36 person is the subject of a petition under

section 601 or 602, a new Juvenile 37 Restraining Order After Hearing—Against a Child (form JV-265), may be 38 prepared in addition to form JV-257. 39 40 (Subd (

j) amended and relettered effective January 1, 2023; adopted as subd (

j) effective 41 January 1, 2012; previously amended effective January 1, 2014; previously relettered as 42 subd (

k) effective July 1, 2014.) 43

35 1 Rule 5.630 amended effective January 1, 2023; adopted as rule 1429.5 effective January 1, 2000; 2 amended and renumbered effective January 1, 2007; previously amended effective January 1, 3 2003, January 1, 2004, January 1, 2012, January 1, 2014, July 1, 2014, and July 1, 2016. 4 5 Rule 5.697. Disposition hearing for a nonminor (Welf. & Inst. Code, §§ 224.1, 295, 6 303, 358, 358.1, 361, 361.6, 366.31, 390, 391) 7 8 (a)–(d) * * * 9 10 (

e) Social study (§§ 358, 358.1, 361.6, 366.31) 11 12

(1) The petitioner must prepare a social study of the nonminor if the court 13 proceeds to a disposition hearing. The social study must include a discussion 14 of all matters relevant to disposition and a recommendation for disposition. 15 The petitioner’s social study must include the following information: 16 17

(1) The petitioner’s social study must include the following information: 18 19 (A)–(G) * * * 20 21 (

H) The nonminor’s plans to remain under juvenile court jurisdiction, 22 including the criteria in

section 11403(

b) that the nonminor meets or 23 plans to meet. All other relevant information as required in sections 358 24 and 358.1. 25 26 (

I) The efforts made by the social worker to help the nonm inor meet the 27 criteria in

section 11403(b). The requirements of

section 366.31(b). 28 29 (

J) The efforts made by the social worker to comply with the nonminor's 30 Transitional Independent Living Case Plan, including efforts to finalize 31 the permanent plan and prepare the nonminor for successful adulthood. 32 If the recommendation is to consider the findings in (h)(3)(

C) at the 33 disposition hearing: 34 35 (

i) the requirements of

section 366.31(d), if reunification services 36 under

section 361.6 are recommended, or 37 38 (ii) information addressing the required judicial determinations of 39

section 366.31(e). 40 41 (

K) The continuing necessity for the nonminor's placement and the facts 42 supporting the conclusion reached. 43

36 1 (

L) The appropriateness of the nonminor's current foster care plac ement. 2 3 (

M) Progress made by the nonminor toward meeting the Transitional 4 Independent Living Case Plan goals and the need for any modifications 5 to assist the nonminor in attaining the goals. 6 7 (

N) Verification that the nonminor was provided with the information, 8 documents, and services required under

section 391. 9 10 (

O) For a placement made on or after October 1, 2021, the information 11 specified in

section 361.22(c), if the nonminor has been placed in a 12 short-term residential therapeutic program. 13 14 (2) * * * 15 16 (Subd (

e) amended effective January 1, 2023; previously amended effective September 1, 17 2021, and October 1, 2021.) 18 19 (f)–(g) * * * 20 21 (

h) Findings and orders (§§ 358, 358.1, 361, 361.6, 390) 22 23 * * * 24 25 (1)–(2) * * * 26 27 (3) * * * 28 29 (A)–(B) * * * 30 31 (

C) The following findings and orders must be considered made either at 32 the nonminor disposition hearing held under this rule and

section 33 358(d), or at a nonminor dependent status review hearing under rule 34 5.903 and

section 366.31 held within 60 days of the nonminor 35 disposition hearing: 36 37 (

i) The findings and orders contained in required by rule 38 5.903(e)(1)(A)-(P); 39 40 (ii) The orders contained in rule 5.903(e)(2)(A)(

i) and (ii); and 41 42

37 (iii)(ii) For a nonminor dependent whose case plan is court-ordered 1 family reunification services, a determination of the following: 2 3 a.–b. * * * 4 5 Rule 5.766. General provisions 6 7 (

a) Hearing on transfer of jurisdiction to criminal court (§ 707) 8 9 A child youth who is the subject of a petition under

section 602 and who was 14 10 years or older at the time of the alleged felony offense may be considered for 11 prosecution under the general law in a court of criminal jurisdiction. The district 12 attorney or other appropriate prosecuting officer may make a motion to transfer the 13 child youth from juvenile court to a court of criminal jurisdiction, in one of the 14 following circumstances: 15 16

(1) The child youth was 14 or 15 years or older of age at the time of the alleged 17 offense listed in

section 707(

b) and was not apprehended before the end of 18 juvenile court jurisdiction. 19 20

(2) The child youth was 16 years or older at the time of the alleged felony 21 offense. 22 23 (Subd (

a) amended effective January 1, 2023; previously amended effective January 1, 24 1996, January 1, 2001, and May 22, 2017.) 25 26 (b) * * * 27 28 (

c) Prima facie showing 29 30 On the child youth’s motion, the court must determine whether a prima facie 31 showing has been made that the offense alleged is an offense that makes the child 32 youth subject to transfer as set forth in subdivision (a). 33 34 (Subd (

c) amended effective January 1, 2023; adopted effective May 22, 2017.) 35 36 (

d) Time of transfer hearing— rules 5.774, 5.776 37 38 The transfer of jurisdiction hearing must be held and the court must rule on the 39 request to transfer jurisdiction before the jurisdiction hearing begins. Absent a 40 continuance under rule 5.776 or the child youth’s waiver of the statutory time 41 period to commence the jurisdiction hearing, the jurisdiction hearing must begin 42 within the time limits under rule 5.774. 43

38 1 (Subd (

d) amended effective January 1, 2023; adopted as subd (c); previously amended 2 effective January 1, 2007; previously amended and relettered effective May 22, 2017.) 3 4 Rule 5.766 amended effective January 1, 2023; adopted as rule 1486 effective January 1, 1991; 5 previously amended and renumbered effective January 1, 2007; previously amended effective 6 May 22, 2017. 7 8 9 Rule 5.768. Report of probation officer 10 11 (

a) Contents of report (§ 707) 12 13 The probation officer must prepare and submit to the court a report on the 14 behavioral patterns and social history of the child youth being considered. The 15 report must include information relevant to the determination of whether the child 16 youth should be retained under the jurisdiction of the juvenile court or transferred 17 to the jurisdiction of the criminal court, including information regarding all of the 18 criteria in

section 707(a)(2)(3). The report must also include any written or oral 19 statement offered by the victim pursuant to

section 656.2. 20 21 (Subd (

a) amended effective January 1, 2023; previously amended effective January 1, 22 2007, and previously amended effective May 22, 2017.) 23 24 (

b) Recommendation of probation officer (§§ 281, 707) 25 26 If the court, under

section 281, orders the probation officer to include a 27 recommendation, the probation officer must make a recommendation to the court as 28 to whether the child youth should be retained under the jurisdiction of the juvenile 29 court or transferred to the jurisdiction of the criminal court. 30 31 (Subd (

b) amended effective January 1, 2023; previously amended effective January 1, 32 2007; previously amended effective May 22, 2017.) 33 34 (

c) Copies furnished 35 36 The probation officer’s report on the behavioral patterns and social history of the 37 child youth must be furnished to the child youth, the parent or guardian, and all 38 counsel at least two court days before commencement of the hearing on the motion. 39 A continuance of at least 24 hours must be granted on the request of any party who 40 has not been furnished the probation officer’s report in accordance with this rule. 41 42

39 (Subd (

c) amended effective January 1, 2023; previously amended effective January 1, 1 2007; previously amended effective May 22, 2017.) 2 3 Rule 5.768 amended effective January 1, 2023; adopted as rule 1481 effective January 1, 1991; 4 previously amended and renumbered effective January 1, 2007; previously amended effective 5 May 22, 2017. 6 7 8 Rule 5.770. Conduct of transfer of jurisdiction hearing under

section 707 9 10 (a) * * * 11 12 (

b) Criteria to consider (§ 707) 13 14 Following receipt of the probation officer’s report and any other relevant evidence, 15 the court may order that the child youth be transferred to the jurisdiction of the 16 criminal court if the court finds: 17 18

(1) The child youth was 16 years or older at the time of any alleged felony 19 offense, or the child youth was 14 or 15 years of age at the time of an alleged 20 felony offense listed in

section 707(

b) and was not apprehended prior to the 21 end of juvenile court jurisdiction; and 22 23

(2) The child youth should be transferred to the jurisdiction of the criminal court 24 based on an evaluation of all the criteria in

section 707(a)(2)(3) as provided 25 in that section. The court must state on the record the basis for its decision, 26 including how it weighed the evidence and identifying the specific factors on 27 which the court relied to reach its decision. 28 29 Subd (

b) amended effective January 1, 2023; adopted as subd (b); previously amended and 30 relettered as subd (

c) effective January 1, 1996; previously amended and relettered 31 effective January 1, 2001; previously amended effective January 1, 2007, and May 22, 32 2017, and January 1, 2021.) 33 34 (c) * * * 35 36 (

d) Procedure following findings 37 38

(1) If the court finds the child youth should be retained within the jurisdiction of 39 the juvenile court, the court must proceed to jurisdiction hearing under rule 40 5.774. 41 42

(2) If the court finds the child youth should be transferred to the jurisdiction of 1 the criminal court, the court must make orders under

section 707.1 relating to 2 bail and to the appropriate facility for the custody of the child youth, or 3 release on own recognizance pending prosecution. The court must set a date 4 for the child youth to appear in criminal court and dismiss the petition 5 without prejudice upon the date of that appearance. 6 7

(3) When the court rules on the request to transfer the child youth to the 8 jurisdiction of the criminal court, the court must advise all parties present that 9 regarding appellate review of the order must be by petition for extraordinary 10 writ as provided in subdivision (

g) of this rule. The advisement may be given 11 orally or in writing when the court makes the ruling. The advisement must 12 include the time for filing the notice of appeal or the petition for 13 extraordinary writ as set forth in subdivision (

g) of this rule. The court must 14 advise the youth of the right to appeal, of the necessary steps and time for 15 taking an appeal, of the right to the appointment of counsel if the youth is 16 unable to retain counsel, and the right to a stay. 17 18 (Subd (

d) amended effective January 1, 2023; adopted as subd (d); previously relettered as 19 subd (

g) effective January 1, 1996, and as subd (

f) effective January 1, 2001; previously 20 amended effective July 1, 2002, and January 1, 2007; previously relettered and amended 21 effective May 22, 2017.) 22 23 (

e) Continuance to seek or stay pending review 24 25

(1) If the prosecuting attorney informs the court orally or in writing that a review 26 of the court’s decision not to transfer jurisdiction to the criminal court will be 27 sought and requests a continuance of the jurisdiction hearing, the court must 28 grant a continuance for not less than two judicial days to allow time within 29 which to obtain a stay of further proceedings from the reviewing judge or 30 appellate court. 31 32

(2) If the youth informs the court orally or in writing that a notice of appeal of 33 the court’s decision to transfer jurisdiction to the criminal court will be filed 34 and requests a stay, the court must issue a stay of the criminal court 35 proceedings until a final determination of the appeal. The court retains 36 jurisdiction to modify or lift the stay upon request of the youth. 37 38 (Subd (

e) amended effective January 1, 2023; adopted as subd (e); previously relettered as 39 subd (

h) effective January 1, 1996, and as subd (

g) effective January 1, 2001; previously 40 amended effective July 1, 2002, and January 1, 2007; previously relettered and amended 41 effective May 22, 2017.) 42 43

41 (

f) Subsequent role of judicial officer 1 2 Unless the child youth objects, the judicial officer who has conducted a hearing on 3 a motion to transfer jurisdiction may participate in any subsequent contested 4 jurisdiction hearing relating to the same offense. 5 6 (Subd (

f) amended effective January 1, 2023; adopted as subd (f); relettered as subd (i) 7 effective January 1, 1996; previously amended and relettered as subd (

h) effective January 8 1, 2001, and as subd (

f) effective May 22, 2017.) 9 10 (

g) Review of determination on a motion to transfer jurisdiction to criminal court 11 12

(1) An order granting a motion to transfer jurisdiction of a youth to the criminal 13 court is an appealable order subject to immediate review. A notice of appeal 14 must be filed within 30 days of the order transferring jurisdiction or 30 days 15 after the referee’s order becomes final under rule 5.540(

c) or after the denial 16 of an application for rehearing of the referee’s decision to transfer jurisdiction 17 of the youth to the criminal court. If a notice of appeal is timely filed, the 18 court must prepare and submit the record to the Court of Appeal within 20 19 days. 20 21

(2) An order granting or denying a motion to transfer jurisdiction of a child youth 22 to the criminal court is not an appealable order. Appellate review of the order 23 is by petition for extraordinary writ.

Any petition for review of a judge’s 24 order denying a motion to transfer jurisdiction of the child to the criminal 25 court, or denying an application for rehearing of the referee’s determination 26 not to transfer jurisdiction of the child to the criminal court, must be filed no 27 later than 20 days after the child’s first arraignment on an accusatory 28 pleading based on the allegations that led to the transfer of jurisdiction order 29 the judge’s order is entered, or the referee’s order becomes final under rule 30 5.540(c). 31 32 (Subd (

g) amended effective January 2, 2023; adopted as subd (g); previously relettered as 33 subd (

j) effective January 1, 1996; amended and relettered effective 1, 2001, and as subd 34 (

g) effective May 22, 2017; previously amended as subd (

i) effective July 1, 2002.) 35 36 37 (h) * * * 38 39 Rule 5.770 amended effective January 1, 2023; adopted as rule 1482 effective January 1, 1991; 40 previously amended effective January 1, 1996, January 1, 2001, July 1, 2002, May 22, 2017, and 41 January 1, 2021; previously amended and renumbered effective January 1, 2007. 42 43

42 Advisory Committee Comment 1 2 Subdivision (b). This subdivision reflects changes to

section 707 as a result of the passage of 3 Senate Bill 382 (Lara; Stats. 2015, ch. 234) and Proposition 57, the Public Safety and 4 Rehabilitation Act of 2016. SB 382 was intended to clarify the factors for the juvenile court to 5 consider when determining whether a case should be transferred to criminal court by emphasizing 6 the unique developmental characteristics of children and their prior interactions with the juvenile 7 justice system.

Proposition 57 provided that its intent was to promote rehabilitation for juveniles 8 and prevent them from reoffending, and to ensure that a judge makes the determination that a 9 child youth should be tried in a criminal court.

Consistent with this intent, the committee urges 10 juvenile courts—w hen evaluating the statutory criteria to determine if transfer is appropriate—to 11 look at the totality of the circumstances, taking into account the specific statutory language 12 guiding the court in its consideration of the criteria. 13 14 Under subdivision (b)(2), the court must state on the record the basis for its decision. The 15 statement of decision must fully explain the court’s reasoning to allow for meaningful appellate 16 review. See, e.g., C.S. v.

Superior Court (2018) 29 Cal.App.5th 1009. 17 18 Subdivision (c). * * * 19 20 Rule 5.903. Nonminor dependent status review hearing (§§ 224.1(b), 295, 366.1, 21 366.3, 366.31, 391, 11403) 22 23 (a)–(c) * * * 24 25 (

d) Reports 26 27

(1) The social worker or probation officer must submit a report to the court that 28 includes information regarding the information required by

section 366.31(b), 29 (d), (f), or (h), as applicable, and

section 391(c). The following additional 30 information must also be included: 31 32 (

A) The continuing necessity for the nonminor dependent's placement and 33 the facts supporting the conclusion reached; 34 35 (

B) The appropriateness of the nonminor dependent's current foster care 36 placement; 37 38 (

C) The nonminor dependent's plans to remain under juvenile court 39 jurisdiction including the criteria in

section 11403(

b) that he or she 40 meets; 41 42

43 (

D) The efforts made by the social worker or probation officer to help the 1 nonminor dependent meet the criteria in

section 11403(b); 2 3 (

E) Verification that the nonminor dependent was provided with the 4 information, documents, and services as required under

section 391(e); 5 6 (F)(

A) How and when the Transitional Independent Living Case Plan 7 was developed, including the nature and the extent of the nonminor 8 dependent’s participation in its development, and for the nonminor 9 dependent who has elected to have the Indian Child Welfare Act 10 continue to apply, the extent of consultation with the tribal 11 representative; 12 13 (

G) The efforts made by the social worker or probation officer to comply 14 with the nonminor dependent's Transitional Independent Living Case 15 Plan, including efforts to finalize the permanent plan and prepare him 16 or her for independence; 17 18 (H)(

B) Progress made toward meeting the Transitional Independent 19 Living Case Plan goals and the need for any modifications to assist the 20 nonminor dependent in attaining the goals; 21 22 (

I) The efforts made by the social worker or probation officer to maintain 23 relationships between the nonminor dependent and individuals who are 24 important to him or her, including the efforts made to establish and 25 maintain relationships with caring and committed adults who can serve 26 as a lifelong connection; 27 28 (

J) The efforts made by the social worker or probation officer to establish 29 or maintain the nonminor dependent's relationship with his or her 30 siblings who are under the juvenile court's jurisdiction as required in 31

section 366(a)(1)(D); 32 33 (

K) For a nonminor dependent whose case plan is continued court- ordered 34 family reunification services, the information required in

section 35 366.31(d); and 36 37 (

L) For a nonminor who has returned to the home of the parent or former 38 legal guardian, whether continued juvenile court jurisdiction is 39 necessary and the facts in support of that conclusion. 40 41 (2)–(3) *** 42 43

44 (Subd (

d) amended effective January 1, 2023; previously amended effective January 1, 1 2014.) 2 3 (

e) Findings and orders 4 5 The court must consider the safety of the nonminor dependent, and the following 6 judicial findings and orders must be made and included make the judicial findings 7 and issue the orders required by

section 366.31(d), (e), or (f), and include them in 8 the written court documentation of the hearing, along with the following: 9 10

(1) Findings 11 12 (

A) Whether notice was given as required by law; 13 14 (

B) Whether the nonminor dependent’s continuing placement is necessary; 15 16 (

C) Whether the nonminor dependent’s current placement is appropriate; 17 18 (D)(

B) Whether the Transitional Independent Living Case Plan includes 19 a plan for the nonminor dependent to satisfy one or more of the criteria 20 in

section 11403(b); 21 22 (E)(

C) The specific criteria in

section 11403(

b) the nonminor dependent 23 satisfied since the last hearing held under this rule; 24 25 (F)(

D) The specific criteria in

section 11403(

b) it is anticipated the 26 nonminor dependent will satisfy during the next six months; 27 28 (G)(

E) Whether reasonable efforts were made and assistance provided 29 by the social worker or probation officer to help the nonminor 30 dependent establish and maintain compliance with

section 11403(b); 31 32 (

H) Whether the nonminor dependent was provided with the information, 33 documents, and services as required under

section 391(e); 34 35 (I)(

F) Whether the Transitional Independent Living Case Plan was developed 36 jointly by the nonminor dependent and the social worker or probation 37 officer, reflects the living situation and services that are consistent in 38 the nonminor dependent’s opinion with what he or she needs to gain 39 independence, and sets out the benchmarks that indicate how both will 40 know when independence can be achieved; 41 42

45 (J)(

G) For the nonminor dependent who has elected to have the Indian 1 Child Welfare Act continue to apply, whether the representative from 2 his or her tribe was consulted during the development of the 3 Transitional Independent Living Case Plan; 4 5 (

K) Whether reasonable efforts were made by the social worker or 6 probation officer to comply with the Transitional Independent Living 7 Case Plan, including efforts to finalize the nonminor dependent's 8 permanent plan and prepare him or her for independence; 9 10 (L)(

H) Whether the Transitional Independent Living Case Plan includes 11 appropriate and meaningful independent living skill services that will 12 assist him or her with the transition from foster care to independent 13 livingsuccessful adulthood; 14 15 (M)(

I) Whether the nonminor dependent signed and received a copy of 16 his or her Transitional Independent Living Case Plan; 17 18 (N)(

J) The extent of progress made by the nonminor dependent toward 19 meeting the Transitional Independent Living Case Plan goals and any 20 modifications needed to assist in attaining the goals; and 21 22 (

O) Whether reasonable efforts were made by the social worker or 23 probation officer to maintain relationships between the nonminor 24 dependent and individuals who are important to him or her, including 25 the efforts made to establish and maintain relationships with caring and 26 committed adults who can serve as lifelong connections; 27 28 (

P) Whether reasonable efforts were made by the social worker or 29 probation officer to establish or maintain the nonminor dependent's 30 relationship with his or her siblings who are under the juvenile court's 31 jurisdiction as required in

section 366(a)(1)(D); 32 33 (

Q) For a nonminor dependent whose case plan is continued court-ordered 34 family reunification services, the findings required in

section 35 366.31(d); and 36 37 (R)(

K) For a nonminor who has returned to the home of the parent or 38 former legal guardian, whether continued juvenile court jurisdiction is 39 necessary. 40 41 (2) *** 42 43

46 (Subd (

e) amended effective January 1, 2023; previously amended effective January 1, 1 2014.) 2 3 Rule 5.903 amended effective January 1, 2023; adopted effective January 1, 2012; previously 4 amended effective January 1, 2014, and January 1, 2019. 5 6 Rule 7.575. Accounting of conservators and guardians 7 8 * * * 9 10 (a) * * * 11 12 (

b) Supporting documents 13 14 Each accounting filed with the court must include the supporting documents, 15 including all original account statements, specified in Probate Code

section 2620(c) 16 of the Probate Code. 17 18

(1) If a conservator or guardian receives a statement from the issuing institution 19 in electronic form but not in paper form, the court has discretion to accept a 20 computer-generated printout of that statement as an original in satisfaction of 21 the requirements in

section 2620(

c) if: 22 23 (

A) The fiduciary submitting the printout verifies under penalty of perjury 24 that the statement was received in electronic form and printed without 25 alteration; and 26 27 (

B) The printout is an “original,” as defined in Evidence Code

section 255. 28 29

(1) An account statement includes: 30 31 (

A) An original account statement; or 32 33 (

B) A verified electronic statement. 34 35

(2) This rule does not authorize a fiduciary to submit, or a court to accept, a copy 36 of a statement in support of an accounting filed under

section 2620. A court 37 may also accept a computer-generated printout of an original verified 38 electronic statement if the fiduciary verifies that the statement was received 39 in electronic form and printed without alteration. 40 41

(3) A verification under this subdivision must be executed by the fiduciary as 42 required by Code of Civil Procedure

section 2015.5. 43

47 1 (Subd (

b) amended effective January 1, 2023; adopted effective January 1, 2020.) 2 3 4 (c)–(f) * * * 5 6 Rule 7.575 amended effective January 1, 2023; adopted effective January 1, 2008; previously 7 amended effective January 1, 2010, and January 1, 2020.. 8 9 Rule 7.576. Final account of conservator of the estate 10 11 (

a) Filing and approval of final account 12 13 A conservator of the estate whose administration is terminated for any reason, 14 including removal, resignation, or termination of the conservatorship, must file and 15 obtain the court’s approval of a final account of the administration. 16 17 (

b) Delivery of final account of removed or resigned conservator 18 19 A conservator of the estate who has resigned or been removed must deliver a copy 20 of the conservator’s final account and the petition for its settlement with the notice 21 of hearing required by Probate Code

section 1460(b)(1) to the successor 22 conservator of the estate in any manner permitted by Probate Code

section 1215, 23 unless the court dispenses with that notice. 24 25 (

c) Delivery of final account after termination of conservatorship 26 27 After termination of a conservatorship, a conservator of the estate must deliver a 28 copy of the conservator’s final account and the petition for its settlement with the 29 notice of hearing required by Probate Code

section 1460(b)(2)–(3) to both the 30 former conservatee and the spouse or domestic partner of the former conservatee in 31 any manner permitted by Probate Code

section 1215, unless the court dispenses 32 with that notice. 33 34 Rule 7.576 was adopted effective January 1, 2023. 35 36 Rule 7.756. Compensation of conservators and guardians 37 38 (

a) Standards for determining just and reasonable compensation 39 40 The court may consider the following nonexclusive factors in determining just and 41 reasonable compensation for a conservator from the estate of the conservatee or a 42

48 guardian from the estate of the ward for services rendered in the best interest of the 1 conservatee or ward up to that time: 2 3 (1)–(9) * * * 4 5 (Subd (

a) amended effective January 1, 2023.) 6 7 (

b) No single factor determinative 8 9 No single factor listed in (

a) should be the exclusive basis for the court’s 10 determination of just and reasonable compensation for services rendered in the best 11 interest of the conservatee or ward. 12 13 (Subd (

b) amended effective January 1, 2023.) 14 15 (c) * * * 16 17 Rule 7.756 amended effective January 1, 2023; adopted effective January 1, 2008. 18 19 Rule 7.1052. Termination of conservatorship [Repealed] 20 21 (

a) Operation of law or court order 22 23 A conservatorship of the person or estate may terminate by operation of law or may 24 be terminated by court order if the court determines that it is no longer required. 25 26 (

b) Conservator of the person 27 28 Under Probate Code

section 1860(a), a conservatorship of the person terminates by 29 operation of law when the conservatee dies, and the conservator of the person need 30 not file a petition for its termination. 31 32 (

c) Duty of conservator of estate on termination 33 34 A conservator of the estate whose administration is terminated by operation of law 35 or by court order must file and obtain the court’s approval of a final account of the 36 administration. 37 38 Rule 7.1052 repealed effective January 1, 2023; adopted effective January 1, 2004. 39 40 Rule 7.1053. Service of final account of removed or resigned conservator 41 42

49 A resigned or removed conservator of the estate must serve a copy of the conservator’s 1 final account and the petition for its settlement with the notice of hearing that must be 2 served on the successor conservator of the estate under Probate Code

section 1460(b)(1), 3 unless the court dispenses with such service. 4 5 Rule 7.1053 repealed effective January 1, 2023; adopted effective January 1, 2004. 6 7 Rule 7.1054.

Service of final account after termination of conservatorship 8 [Repealed] 9 10 After termination of the conservatorship, the conservator of the estate must serve copies 11 of the conservator’s final account and the petition for its settlement with the notices of 12 hearing that must be served on the former conservatee and on the spouse or domestic 13 partner of the former conservatee under Probate Code sections 1460(b)(2) and (3), unless 14 the court dispenses with such service. 15 16 Rule 7.1054 repealed effective January 1, 2023; adopted effective January 1, 2004. 17 18 Rule 7.1060.

Investigations and reports by court investigators 19 20 (

a) Order Appointing Court Investigator (form GC-330) 21 22 Order Appointing Court Investigator (form GC-330) is an optional form within the 23 meaning of rule 1.35 of these rules, except as follows: 24 25

(1) A court may, by local rule, require that form GC-330 be used for orders 26 appointing court investigators and directing them to conduct all or any of the 27 investigations described in the form and to prepare, file, and serve deliver 28 copies of reports concerning those investigations. The local rule may also 29 prescribe procedures for the form’s preparation, service, delivery to other 30 parties, and delivery to the court for execution and filing. Form GC-330 must 31 be prepared only by the court. 32 33 (2) * * * 34 35 (

b) Order Appointing Court Investigator (Review and Successor Conservator 36 Investigations) (form GC-331) 37 38 Order Appointing Court Investigator (Review and Successor Conservator 39 Investigations) (form GC-331) is an optional form within the meaning of rule 1.35 40 of these rules, except as follows: 41 42

(1) A court may, by local rule, require that form GC-331 be used for orders 1 appointing court investigators and directing them to conduct all or any of the 2 review investigations under Probate Code sections 1850 or 1850.5 and 1851 3 or investigations concerning the appointment of successor conservators under 4 Probate Code sections 2684 and 2686 described in the form and to prepare, 5 file, and serve deliver copies of reports concerning those investigations. Form 6 GC-331 is to must be prepared only by the court only. 7 8 (2) * * * 9 10 (

c) Order Setting Biennial Review Investigation and Directing Status Report Before 11 Review (form GC-332) 12 13 Order Setting Biennial Review Investigation and Directing Status Report Before 14 Review (form GC-332) is an optional form within the meaning of rule 1.35 of these 15 rules, except as follows: 16 17

(1) A court may, by local rule, require that form GC-332 be used for orders 18 setting biennial review investigations and directing status reports under 19 Probate Code

section 1850(a)(2). Form GC-332 is to be prepared by the court 20 only. 21 22

(2) A court may, by local rule, require that a general order, a court-prepared 23 order, or a local form order instead of form GC-332 be used concerning the 24 matters described in form GC-332. 25 26 Rule 7.1060 amended effective January 1, 2023; adopted effective January 1, 2011. 27 28 Rule 8.50. Applications 29 30 (a) * * * 31 32 (

b) Contents 33 34 The application must state facts showing good cause–—or making an exceptional 35 showing of good cause, when required by these rules–—for granting the 36 application and must identify any previous application filed by any party. 37 38 (Subd (

b) amended effective January 1, 2023; previously amended effective January 1, 39 2007.) 40 41 (c) * * * 42 43

51 Rule 8.50 amended effective January 1, 2023; repealed and adopted as rule 43 effective January 1 1, 2005; previously amended and renumbered as rule 8.50 effective January 1, 2007; previously 2 amended effective January 1, 2016. 3 4 5 Advisory Committee Comment 6 7 Subdivision (a). * * * 8 9 Subdivision (b). An exceptional showing of good cause is required in applications in certain 10 juvenile proceedings under rules 8.416, 8.417, 8.450, 8.452, and 8.454. 11 12 Rule 8.60. Extending time 13 14 (a) * * * 15 16 (

b) Extending time 17 18 Except as these rules provide otherwise, for good cause–—or on an exceptional 19 showing of good cause, when required by these rules–— the Chief Justice or 20 presiding justice may extend the time to do any act required or permitted under 21 these rules. 22 23 (Subd (

b) amended effective January 1, 2023; previously amended effective January 1, 24 2007.) 25 26 (

c) Application for extension 27 28 (1) * * * 29 30

(2) The application must state: 31 32 (A)–(C) * * * 33 34 (

D) Good cause–—or an exceptional showing of good cause, when required 35 by these rules–—for granting the extension, consistent with the factors 36 in rule 8.63(b). 37 38 (Subd (

c) amended effective January 1, 2023; adopted as subd (d); previously amended 39 and relettered effective January 1, 2007.) 40 41 42

52 (d)–(f) * * * 1 2 Advisory Committee Comment 3 4 Subdivisions (

b) and (c):. An exceptional showing of good cause is required in applications in 5 certain juvenile proceedings under rules 8.416, 8.417, 8.450, 8.452, and 8.454. 6 7 Rule 8.63. Policies and factors governing extensions of time 8 9 (

a) Policies 10 11

(1) The time limits prescribed by these rules should generally be met to ensure 12 expeditious conduct of appellate business and public confidence in the 13 efficient administration of appellate justice. 14 15

(2) The effective assistance of counsel to which a party is entitled includes 16 adequate time for counsel to prepare briefs or other documents that fully 17 advance the party’s interests. Adequate time also allows the preparation of 18 accurate, clear, concise, and complete submissions that assist the courts. 19 20

(3) For a variety of legitimate reasons, counsel may not always be able to prepare 21 briefs or other documents within the time specified in the rules of court. To 22 balance the competing policies stated in (1) and (2), applications to extend 23 time in the reviewing courts must demonstrate good cause–— or an 24 exceptional showing of good cause, when required by these rules–—under 25 (b). If good cause is shown, the court must extend the time. 26 27 (

b) Factors considered 28 29 In determining good cause–—or an exceptional showing of good cause, when 30 required by these rules–—the court must consider the following factors when 31 applicable: 32 33 (1)–(11) * * * 34 35 (Subd (

b) amended effective January 1, 2023; previously amended effective January 1, 36 2007.) 37 38 Rule 8.63 amended effective January 1, 2023; repealed and adopted as rule 45.5 effective 39 January 1, 2005; previously amended and renumbered effective January 1, 2007. 40 41 Advisory Committee Comment 42 43

53 An exceptional showing of good cause is required in applications in certain juvenile proceedings 1 under rules 8.416, 8.417, 8.450, 8.452, and 8.454. 2 3 Rule 8.404. Stay pending appeal 4 5 The court must not stay an order or judgment pending an appeal unless suitable provision 6 is made for the maintenance, care, and custody of the child. 7 8 Advisory Committee Comment 9 10 This rule does not apply to a court’s order under rule 5.770(e)(2) staying the criminal court 11 proceedings during the pendency of an appeal of an order transferring the minor from juvenile 12 court to a court of criminal jurisdiction. 13 14 Rule 8.406. Time to appeal 15 16 (

a) Normal time 17 18

(1) Except as provided in (2) and (3), (A), (B), and (2), a notice of appeal must 19 be filed within 60 days after the rendition of the judgment or the making of 20 the order being appealed. 21 22 (2) (

A) In matters heard by a referee not acting as a temporary judge, a notice 23 of appeal must be filed within 60 days after the referee’s order becomes final 24 under rule 5.540(c). 25 26 (3) (

B) When an application for rehearing of an order of a referee not acting as 27 a temporary judge is denied under rule 5.542, a notice of appeal from the 28 referee’s order must be filed within 60 days after that order is served under 29 rule 5.538(b)(3) or 30 days after entry of the order denying rehearing, 30 whichever is later. 31 32

(2) To appeal from an order transferring a minor to a court of criminal 33 jurisdiction: 34 35 (

A) Except as provided in (

B) and (C), a notice of appeal must be filed 36 within 30 days of the making of the order. 37 38 (

B) If the matter is heard by a referee not acting as a temporary judge, a 39 notice of appeal must be filed within 30 days after the referee’s order 40 becomes final under rule 5.540(c). 41 42

54 (

C) When an application for rehearing of an order of a referee not acting as 1 a temporary judge is denied under rule 5.542, a notice of appeal from 2 the referee’s order must be filed within 30 days after entry of the order 3 denying rehearing. 4 5 (Subd (

a) amended effective January 1, 2023.) 6 7 (b)–(d) * * * 8 9 Rule 8.406 amended effective January 1, 2016; adopted effective July 1, 2010; previously 10 amended effective July 1, 2010, January 1, 2016. 11 12 13 Rule 8.409. Preparing and sending the record 14 15 (

a) Application 16 17 This rule applies to appeals in juvenile cases except cases governed by rules 8.416 18 and 8.417. 19 20 (Subd (

a) amended effective January 1, 2023; previously amended effective January 1, 21 2007, July 1, 2010, and January 1, 2015.) 22 23 (b) * * * 24 25 (

c) Preparing and certifying the transcripts 26 27 Except in cases governed by rule 8.417, within 20 days after the notice of appeal is 28 filed: 29 30

(1) The clerk must prepare and certify as correct an original of the clerk’s 31 transcript and one copy each for the appellant, the respondent, the child’s 32 Indian tribe if the tribe has intervened, and the child if the child is represented 33 by counsel on appeal or if a recommendation has been made to the Court of 34 Appeal for appointment of counsel for the child under rule 8.403(b)(2) and 35 that recommendation is either pending with or has been approved by the 36 Court of Appeal but counsel has not yet been appointed; and 37 38

(2) The reporter must prepare, certify as correct, and deliver to the clerk an 39 original of the reporter’s transcript and the same number of copies as (1) 40 requires of the clerk’s transcript. 41 42

55 (Subd (

c) amended effective January 1, 2023; adopted as subd (b); previously amended 1 and relettered as subd (

c) effective January 1, 2014; previously amended effective January 2 1, 2007, January 1, 2015, January 1, 2017, and January 1, 2018.) 3 4 (d)–(e) * * * 5 6 Rule 8.409 amended effective January 1, 2023; adopted as rule 37.2 effective January 1, 2005; 7 previously amended and renumbered as rule 8.408 effective January 1, 2007, and as rule 8.409 8 effective July 1, 2010; previously amended effective January 1, 2013, January 1, 2014, January 1, 9 2015, January 1, 2017, and January 1, 2018. 10 11 12 Advisory Committee Comment 13 14 Subdivision (a). Subdivision (

a) calls litigants’ attention to the fact that a different rules (rule 15 8.416) governs the record in appeals from judgments or orders terminating parental rights and in 16 dependency appeals in certain counties (rule 8.416), and in appeals from orders granting a motion 17 to transfer a minor from juvenile court to a court of criminal jurisdiction (rule 8.417). 18 19 Subdivision (b). * * * 20 21 Subdivision (c). Subdivision (

c) calls litigants’ attention to the fact that a different rule (rule 22 8.417) governs the record in appeals from orders granting a motion to transfer a minor from 23 juvenile court to a court of criminal jurisdiction. 24 25 Subdivision (e). * * * 26 27 Rule 8.412. Briefs by parties and amici curiae 28 29 (a) * * * 30 31 (

b) Time to file 32 33

(1) Except in appeals governed by rules 8.416 and 8.417, the appellant must 34 serve and file the appellant’s opening brief within 40 days after the record is 35 filed in the reviewing court. 36 37

(2) The respondent must serve and file the respondent’s brief within 30 days 38 after the appellant’s opening brief is filed. 39 40

(3) The appellant must serve and file any reply brief within 20 days after the 41 respondent’s brief is filed. 42 43

(4) In dependency cases in which the child is not an appellant but has appellate 1 counsel, the child must serve and file any brief within 10 days after the 2 respondent’s brief is filed. 3 4

(5) Rule 8.220 applies if a party fails to timely file an appellant’s opening brief 5 or a respondent’s brief, but the period specified in the notice required by that 6 rule must be 30 days. 7 8 (Subd (

b) amended effective January 1, 2023; previously amended effective January 1, 9 2007, and July 1, 2010.) 10 11 (

c) Extensions of time 12 13 The superior court may not order any extensions of time to file briefs. Except in 14 appeals governed by rules 8.416 and 8.417, the reviewing court may order 15 extensions of time for good cause. 16 17 (Subd (

c) amended effective January 1, 2023; previously amended effective January 1, 18 2007, and July 1, 2010.) 19 20 (

d) Failure to file a brief 21 22

(1) Except in appeals governed by rules 8.416 and 8.417, i f a party fails to timely 23 file an appellant’s opening brief or a respondent’s brief, the reviewing court 24 clerk must promptly notify the party’s counsel or the party, if not represented, 25 in writing that the brief must be filed within 30 days after the notice is sent 26 and that failure to comply may result in one of the following sanctions: 27 28 (A)–(B) * * * 29 30 (2)–(3) * * * 31 32 (Subd (

d) amended effective January 1, 2023; adopted effective January 1, 2007; 33 previously amended effective July 1, 2010, and January 1, 2016.) 34 35 (e) * * * 36 37 Rule 8.412 amended effective January 1, 2023; adopted as rule 37.3 effective January 1, 2005; 38 previously amended and renumbered as rule 8.412 effective January 1, 2007; previously 39 amended effective July 1, 2007, July 1, 2010, and January 1, 2016. 40 41 Advisory Committee Comment 42 43

57 Subdivision (b). Subdivision (b)(1) calls litigants’ attention to the fact that a different rules (rule 1 8.416(e)) governs the time to file an appellant’s opening brief in appeals from judgments or 2 orders terminating parental rights and in dependency appeals in certain counties (rule 8.416(e)), 3 and in appeals from orders granting a motion to transfer a minor from juvenile court to a court of 4 criminal jurisdiction (rule 8.417(f)). 5 6 Subdivision (c). Subdivision (

c) calls litigants’ attention to the fact that a different rules (rule 7 8.416(f)) governs the showing required for extensions of time to file briefs in appeals from 8 judgments or orders terminating parental rights and in dependency appeals in certain counties 9 (rule 8.416(f)), and in appeals from orders granting a motion to transfer a minor from juvenile 10 court to a court of criminal jurisdiction (rule 8.417(g)). 11 12 Subdivision (d). Subdivision (

d) calls litigants’ attention to the fact that different rules govern the 13 time period specified in the notice of failure to timely file an appellant’s opening brief or a 14 respondent’s brief in appeals from judgments or orders terminating parental rights, in dependency 15 appeals in certain counties (rule 8.416(g)), and in appeals from orders granting a motion to 16 transfer a minor from juvenile court to a court of criminal jurisdiction (rule 8.417(h)). 17 18 Rule 8.417. Appeals from orders transferring a minor from juvenile court to a 19 court of criminal jurisdiction 20 21 (

a) Application 22 23 This rule governs appeals from orders of the juvenile court granting a motion to 24 transfer a minor from juvenile court to a court of criminal jurisdiction. 25 26 (

b) Form of record 27 28

(1) The clerk’s and reporter’s transcripts must comply with rules 8.45–8.47, 29 relating to sealed and confidential records, and, except as provided in (2), 30 with rule 8.144. 31 32

(2) The cover of the record must prominently display the title “Appeal from 33 Order Transferring a Minor from Juvenile Court to a Court of Criminal 34 Jurisdiction Under Welfare and Institutions Code

Section 801.” 35 36 (

c) Record on appeal 37 38

(1) In addition to the items listed in rule 8.407(a), the clerk’s transcript must 39 contain: 40 41 (

A) Any report by the probation officer on the behavioral patterns and 42 social history of the minor, including any oral or written statement 43

58 offered by the victim under Welfare and Institutions Code

section 1 656.2; 2 3 (

B) Any other probation report or document filed with the court on the 4 petition under Welfare and Institutions Code

section 602; and 5 6 (

C) Any document in written or electronic form submitted to the court in 7 connection with the prima facie showing under rule 5.766(

c) or the 8 motion to transfer jurisdiction. 9 10

(2) In addition to the items listed in rule 8.407(b), any reporter’s transcript must 11 contain the oral proceedings at any hearings on the prima facie showing 12 under rule 5.766(

c) and the motion to transfer jurisdiction. 13 14 (

d) Preparing, certifying, and sending the record 15 16

(1) Within 20 court days after the notice of appeal is filed: 17 18 (

A) The clerk must prepare and certify as correct an original of the clerk’s 19 transcript and one copy each for the appellant, the respondent, and the 20 district appellate project; and 21 22 (

B) The reporter must prepare, certify as correct, and deliver to the clerk an 23 original of the reporter’s transcript and the same number of copies as 24 (

A) requires of the clerk’s transcript. 25 26

(2) When the clerk’s and reporter’s transcripts are certified as correct, the clerk 27 must immediately send: 28 29 (

A) The original transcripts to the reviewing court by the most expeditious 30 method, noting the sending date on each original; and 31 32 (

B) One copy of each transcript to the district appellate project and to the 33 appellate counsel for the following, if they have appellate counsel, by 34 any method as fast as United States Postal Service express mail: 35 36 (

i) The appellant; and 37 38 (ii) The respondent. 39 40

(3) If appellate counsel has not yet been retained or appointed for the minor, 41 when the transcripts are certified as correct, the clerk must send that 42 counsel’s copies of the transcripts to the district appellate project. 43

59 1 (

e) Augmenting or correcting the record 2 3

(1) Except as provided in (2) a