AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on October 25, 2013, effective on January 1, 2014, and March 1, 2014 1 Rules effective January 1, 2014: Rule 1.6.

Definitions and use of terms ............................................................................... 6 Rule 1.22. Recycled paper .................................................................................................. 6 Rule 2.101. Use of recycled paper; certification by attorney or party ................................ 6 Rule 2.131. Recycled paper ................................................................................................ 7 Rule 3.670. Telephone appearance .................................................................................... 7 Rule 3.1207.

Personal Appearance requirements ............................................................ 15 Rule 3.1368. Paper format ............................................................................................... 15 Rule 3.1802. Inclusion of interest in judgment ................................................................ 16 Rule 5.68. Manner of service of summons and petition; response; jurisdiction .............. 16 Rule 5.72.

Court order for service by publication or posting when respondent’s address is unknown ........................................................................................................ 17 Rule 5.74. Pleadings and amended pleadings .................................................................. 18 Rule 5.324. Telephone appearance in Title IV-D hearings and conferences ................... 18 Rule 5.372. Transfer of title IV-D case to a tribal court .................................................. 18 Rule 5.502.

Definitions and use of terms ......................................................................... 20 Rule 5.518. Court-connected child protection/dependency mediation ............................ 23 Rule 5.534. General provisions—all proceedings ........................................................... 24 Rule 5.555.

Hearing to consider termination of juvenile court jurisdiction over a nonminor—dependents or wards of the juvenile court in a foster care placement and nonminor dependents (§§ 224.1(b), 303, 366.31, 391, 452, 607.3, 16501.1(f)(16)) ........................................................................................................................................... 27 Rule 5.570. Request to change court order (petition for modification) ........................... 30 Rule 5.616. Interstate Compact on the Placement of Children ........................................ 34 Rule 5.620. Orders after filing under

section 300 ............................................................ 36 Rule 5.625. Orders after filing of petition under

section 601 or 602 ............................... 37 Rule 5.630. Restraining orders......................................................................................... 37 Rule 5.640. Psychotropic medications .............................................................................. 39 Rule 5.649. Right to make educational or developmental-services decisions ................. 41 Rule 5.650. Appointment of educational representative Appointed educational rights holder ................................................................................................................... 42

2 Rule 5.651. Educational and developmental-services decisionmaking rights of children before the juvenile court .............................................................................. 56 Rule 5.660. Attorneys for parties (§§ 317, 317.6, 353, 366.26, 16010.6, 366.26) .......... 67 Rule 5.695. Findings and orders of the court—disposition ............................................. 68 Rule 5.707. Review hearing requirements for child approaching majority (§§ 224.1, 366(a)(1)(F), 366.3(l)–(n), 366.31, 16501.1(f)(16)) ...................................................... 70 Rule 5.708.

General review hearing requirements ........................................................... 71 Rule 5.710. Six-month review hearing ............................................................................ 73 Rule 5.715. Twelve-month permanency hearing ............................................................. 75 Rule 5.720. Eighteen-month permanency review hearing ............................................... 76 Rule 5.790. Orders of the court ........................................................................................ 77 Rule 5.805.

California Department of Corrections and Rehabilitation, Division of Juvenile Justice, commitments ....................................................................................... 80 Rule 5.810. Reviews, hearings, and permanency planning ............................................. 80 Rule 5.812. Additional requirements for any hearing to terminate jurisdiction over child in foster care and for status review hearing for child approaching majority (§§ 450, 451, 727.2(i)–(j), 778) ....................................................................... 84 Rule 5.813.

Modification to transition jurisdiction for a ward older than 18 years and younger than 21 years of age (§§ 450, 451) ............................................................ 85 Rule 5.814. Modification to transition jurisdiction for a ward older than 17 years, 5 months of age and younger than 18 years of age (§§ 450, 451) ................................. 88 Rule 5.900. Nonminor dependent—preli minary provisions (§§ 224.1(b), 295, 303, 366, 366.3, 388, 391, 607(a)) ......................................................................................... 92 Rule 5.903.

Nonminor dependent status review hearing (§§ 224.1(b), 295, 366(f), 366.1, 366.3, 366.31) ..................................................................................................... 93 Rule 5.906. Request by nonminor for the juvenile court to resume jurisdiction (§§ 224.1(b), 303, 388(e)) .............................................................................................. 95 Rule 7.101. Use of Judicial Council forms ...................................................................... 98 Rule 8.42. Requirements for signatures of multiple parties on filed documents ............. 98 Rule 8.45.

General provisions .......................................................................................... 99 Rule 8.46. Sealed records............................................................................................... 103 Rule 8.47. Confidential records ..................................................................................... 108 Rule 8.77. Requirements for signatures on documents .................................................. 112 Rule 8.100. Filing the appeal ......................................................................................... 114 Rule 8.120.

Record on appeal ........................................................................................ 115

3 Rule 8.122. Clerk’s transcript ........................................................................................ 115 Rule 8.130. Reporter’s transcript ................................................................................... 117 Rule 8.140. Failure to procure the record ...................................................................... 125 Rule 8.144. Form of the record ...................................................................................... 126 Rule 8.149. When the record is complete ...................................................................... 127 Rule 8.204.

Contents and form of briefs ........................................................................ 128 Rule 8.212. Service and filing of briefs ......................................................................... 129 Rule 8.320. Normal record; exhibits .............................................................................. 130 Rule 8.328. Confidential records ................................................................................... 131 Rule 8.336. Preparing, certifying, and sending the record ............................................. 134 Rule 8.380.

Petition for writ of habeas corpus filed by petitioner not represented by an attorney ............................................................................................................... 136 Rule 8.384. Petition for writ of habeas corpus filed by an attorney for a party ............. 136 Rule 8.385. Proceedings after the petition is filed ......................................................... 137 Rule 8.386. Proceedings if the return is ordered to be filed in the reviewing court ...... 138 Rule 8.387.

Decision in habeas corpus proceedings ...................................................... 140 Rule 8.401. Confidentiality ............................................................................................ 140 Rule 8.407. Record on appeal ........................................................................................ 141 Rule 8.409. Preparing and sending the record ............................................................... 142 Rule 8.485. Application ................................................................................................. 143 Rule 8.486.

Petitions ...................................................................................................... 144 Rule 8.487. Opposition and Attorney General amicus briefs ........................................ 145 Rule 8.490. Filing, finality, and modification of decisions; rehearing; remittitur ......... 146 Rule 8.610. Contents and form of the record ................................................................. 147 Rule 8.804.

Definitions .................................................................................................. 149 Rule 8.832. Clerk’s transcript ........................................................................................ 149 Rule 8.834. Reporter’s transcript ................................................................................... 151 Rule 8.838. Form of the record ...................................................................................... 156 Rule 8.840. Completion and filing of the record ........................................................... 156 Rule 8.842.

Failure to procure the record ...................................................................... 157 Rule 8.883. Contents and form of briefs ........................................................................ 158 Rule 8.928. Contents and form of briefs ........................................................................ 159

4 Rule 8.931. Petitions filed by persons not represented by an attorney .......................... 159 Rule 8.933. Opposition .................................................................................................. 161 Rule 8.935. Filing, finality, and modification of decisions; rehearing; remittitur ......... 161 Rule 10.503. Use of recycled paper by all courts ........................................................... 163 Rule 10.609. Notification to State Bar of attorney misconduct ..................................... 163 Rule 10.614.

Local court forms ..................................................................................... 164 Rule 10.951. Duties of supervising judge of the criminal division ............................... 165 Rule 10.952. Meetings concerning the criminal court system ....................................... 165 Rule 10.1017. Notification to State Bar of attorney misconduct ................................... 166 Rules effective March 1. 2014: Rule 8.810. Extending time ........................................................................................... 168 Rule 8.822.

Time to appeal ............................................................................................ 169 Rule 8.823. Extending the time to appeal ...................................................................... 169 Rule 8.834. Reporter’s transcript ................................................................................... 172 Rule 8.835. Record when trial proceedings were officially electronically recorded ..... 173 Rule 8.837. Statement on appeal.................................................................................... 174 Rule 8.851.

Appointment of appellate counsel .............................................................. 178 Rule 8.864. Record of oral proceedings ......................................................................... 179 Rule 8.865. Contents of reporter’s transcript ................................................................. 180 Rule 8.866. Preparation of reporter’s transcript ............................................................. 181 Rule 8.867. Limited normal record in certain appeals ................................................... 185 Rule 8.868.

Record when trial proceedings were officially electronically recorded ..... 188 Rule 8.869. Statement on appeal.................................................................................... 190 Rule 8.874. Failure to procure the record ...................................................................... 195 Rule 8.882. Briefs by parties and amici curiae .............................................................. 196 Rule 8.887. Decisions .................................................................................................... 196 Rule 8.890.

Remittitur.................................................................................................... 197 Rule 8.915. Record of oral proceedings ......................................................................... 197 Rule 8.916. Statement on appeal.................................................................................... 198 Rule 8.917. Record when trial proceedings were officially electronically recorded ..... 202

5 Rule 8.918. Contents of reporter’s transcript ................................................................. 205 Rule 8.919. Preparation of reporter’s transcript ............................................................. 206 Rule 8.924. Failure to procure the record ...................................................................... 209 Rule 8.927. Briefs .......................................................................................................... 210 Rule 8.928. Contents and form of briefs ........................................................................ 211

6 Rule 1.6.

Definitions and use of terms 1 2 As used in the California Rules of Court, unless the context or subject matter otherwise 3 requires: 4 5 (1)–(21) * * * 6 7 (22) “Recycled” as applied to paper means “recycled printing and writing paper” as 8 defined by

section 12209 of the Public Contract Code. 9 10 (2322) “California Courts Web Site” means the Web site established by the Judicial 11 Council that includes news and information, reference materials, rules and forms, 12 and a self-help center. The address is: www.courts.ca.gov. 13 14 Rule 1.6 amended effective January 1, 2014; adopted as rule 200.1 effective January 1, 2003; 15 previously amended and renumbered effective January 1, 2007; previously amended effective 16 July 1, 2007, July 1, 2008, and July 1, 2013. 17 18 Rule 1.22. Recycled paper 19 20 (

a) Use of recycled paper required 21 22 Recycled paper, as defined in rule 1.6, must be used for all original papers filed 23 with the trial and appellate courts and for all copies of papers, documents, and 24 exhibits, whether filed with the courts or served on other parties. 25 26 (

b) Certification 27 28 Whenever the use of recycled paper is required by these rules, the attorney, party, 29 or other person filing or serving a document certifies, by the act of filing or service, 30 that the document was produced on paper purchased as recycled. 31 32 Rule 1.22 repealed effective January 1, 2014; adopted effective January 1, 2007. 33 34 Rule 2.101. Use of recycled paper; certification by attorney or party 35 36 (

a) Use of recycled paper 37 Recycled paper must be used for the following: 38 39

(1) All original papers filed with the court and all copies of papers, documents, 40 and exhibits, whether filed with the court or served on other parties; and 41 42

(2) The original record on appeal from a limited civil case, any brief filed with 1 the court in a matter to be heard in the appellate division, and all copies of 2 such documents, whether filed with the court or served on other parties. 3 4 (

b) Certification 5 6 Whenever recycled paper must be used under the rules in this chapter, the attorney, 7 party, or other person filing or serving a document certifies, by the act of filing or 8 service, that the document was produced on paper purchased as recycled. 9 10 Rule 2.101 repealed effective January 1, 2014; adopted effective January 1, 2007. 11 12 Rule 2.131. Recycled paper 13 14 All forms and copies of forms filed with the court must use recycled paper as defined in 15 rule 1.6. 16 17 Rule 2.131 repealed effective January 1, 2014; adopted effective January 1, 2007. 18 19 Rule 3.670. Telephone appearance 20 21 (a)–(b) * * * 22 23 (

c) General provision authorizing parties to appear by telephone 24 25 Except as ordered by the court under provided in (e)(f)(2) and subject to (d) 26 (regarding ex parte applications) and (h) (regarding notice), a party all parties, 27 including moving parties, may appear by telephone at the following all 28 conferences, hearings, and proceedings other than those where personal 29 appearances are required under (e).: 30 31

(1) Case management conferences, provided the party has made a good faith 32 effort to meet and confer and has timely served and filed a case management 33 statement before the conference date; 34 35

(2) Trial setting conferences; 36 37

(3) Hearings on law and motion, except motions in limine; 38 39

(4) Hearings on discovery motions; 40 41

(5) Status conferences, including conferences to review the status of an 42 arbitration or a mediation; and 43

8 1

(6) Hearings to review the dismissal of an action. 2 3 (Subd (

c) amended effective January 1, 2014; previously repealed and adopted as subd (b) 4 effective July 1, 1998; previously amended effective July 1, 1999, and January 1, 2003; 5 previously amended and relettered as subd (

c) effective January 1, 2008.) 6 7 (

d) Provisions regarding ex parte applications 8 9

(1) Applicants 10 11 Except as ordered by the court under (f)(2) and subject to (h), applicants 12 seeking an ex parte order may appear by telephone provided that the moving 13 papers have been filed and a proposed order submitted by at least 10:00 a.m. 14 two court days before the ex parte appearance and, if required by local rule, 15 copies have been provided directly to the department in which the matter is to 16 be considered. 17 18

(2) Opposing Parties 19 20 Even if the applicant has not complied with (1), except as ordered by the 21 court under (f)(2) and subject to the provisions in (h), parties opposing an ex 22 parte order may appear by telephone. 23 24 (Subd (

d) adopted effective January 1, 2014.) 25 26 (d)(

e) Required personal appearances 27 28

(1) Except as permitted by the court under provided in (e)(f)(3), a personal 29 appearance is required for the following hearings, conferences, and 30 proceedings not listed in (c), including the following: 31 32 (1)(

A) Trials, and hearings, and proceedings at which witnesses are 33 expected to testify; 34 35 (2)(

B) Hearings on temporary restraining orders; 36 37 (3)(

C) Settlement conferences; 38 39 (4)(

D) Trial management conferences; 40 41 (5)(

E) Hearings on motions in limine; and 42 43

9 (6)(

F) Hearings on petitions to confirm the sale of property under the 1 Probate Code. 2 3

(2) In addition, except as permitted by the court under provided in (e)(f)(3), a 4 personal appearance is required for the following persons: 5 6

(7) Applicants seeking an ex parte order, except when the applicant is seeking an 7 order: 8 9 (

A) For permission to file a memorandum in excess of the applicable page 10 limits; 11 12 (

B) For an extension of time to serve pleadings; 13 14 (

C) To set hearing dates on alternative writs and orders to show cause; or 15 16 (

D) By stipulation of the parties; 17 18 (8)(

A) Persons ordered to appear to show cause why sanctions should 19 not be imposed for violation of a court order or a rule; or 20 21 (9)(

B) Persons ordered to appear in an order or citation issued under the 22 Probate Code. 23 24 At the proceedings described under (7), (8), and (9), (2), parties who are not 25 required to appear in person under this rule may appear by telephone. 26 27 (Subd (

e) amended and relettered effective January 1, 2014; adopted as subd (

c) effective 28 July 1, 1998; previously amended effective July 1, 2002, and January 1, 2003; previously 29 amended and relettered as subd (

d) effective January 1, 2008.) 30 31 (e)(

f) Court discretion to modify rule 32 33 (1) * * * 34 35

(2) Court may require personal appearances 36 37 The court may require a party to appear in person at a hearing, conference, or 38 proceeding listed in (

c) or (

d) if the court determines on a hearing-by-hearing 39 basis that a personal appearance would materially assist in the determination 40 of the proceedings or in the effective management or resolution of the 41 particular case. 42 43

(3) Court may permit appearances by telephone 1 2 The court may permit a party to appear by telephone at a hearing, conference, 3 or proceeding under (de) if the court determines that a telephone appearance 4 is appropriate. 5 6 (Subd (

f) amended and relettered effective January 1, 2014; adopted as subd (

e) effective 7 January 1, 2008.) 8 9 (f)(g) * * * 10 11 (Subd (

g) relettered effective January 1, 2014; adopted as subd (

f) effective January 1, 12 2008.) 13 14 (g)(

h) Notice by party 15 16

(1) Except as provided in (6), a party choosing to appear by telephone at a 17 hearing, conference, or proceeding, other than on an ex parte application, 18 under this rule must either: 19 20 (

A) Place the phrase "Telephone Appearance" below the title of the 21 moving, opposing, or reply papers; or 22 23 (

B) At least three two court days before the appearance, notify the court 24 and all other parties of the party’s intent to appear by telephone. If the 25 notice is oral, it must be given either in person or by telephone.

If the 26 notice is in writing, it must be given by filing a “Notice of Intent to 27 Appear by Telephone” with the court at least three two court days 28 before the appearance and by serving the notice at the same time on all 29 other parties by personal delivery, fax transmission, express mail, e -30 mail if such service is required by local rule or court order or agreed to 31 by the parties, or other means reasonably calculated to ensure delivery 32 to the parties no later than the close of the next business day. 33 34 (2) * * * 35 36

(3) An applicant choosing to appear by telephone at an ex parte appearance 37 under this rule must: 38 39 (

A) Place the phrase “Telephone Appearance” below the title of the 40 application papers; 41 42

11 (

B) File and serve the papers in such a way that they will be received by the 1 court and all parties by no later than 10:00 a.m. two court days before 2 the ex parte appearance; and 3 4 (

C) If provided by local rule, ensure that copies of the papers are received 5 in the department in which the matter is to be considered. 6 7

(4) Any party other than an applicant choosing to appear by telephone at an ex 8 parte appearance under this rule must notify the court and all other parties 9 that have appeared in the action, no later than 2:00 p.m. on the court day 10 before the appearance, of its intent to appear by telephone. If the notice is 11 oral, it must be given either in person or by telephone.

If the notice is in 12 writing, it must be given by filing a “Notice of Intent to Appear by 13 Telephone” with the court and by serving the notice at the same time on all 14 other parties by any means authorized by law reasonably calculated to ensure 15 delivery to the parties no later than the close of business on the court day 16 before the appearance. 17 18 19 (3)

(5) If a party that has given notice that it intends to appear by telephone under (1) 20 subsequently chooses to appear in person, the party may appear in person. 21 must so notify the court and all other parties that have appeared in the action, 22 by telephone, at least two court days before the appearance. 23 24 25 (4)

(6) A party may ask the court for leave to appear by telephone without the notice 26 provided for under (1)–(4). The court, on a showing of good cause, may 27 permit a party to appear by telephone at a conference, hearing, or proceeding 28 even if the party has not given the notice required under (1) or (2) should 29 permit the party to appear by telephone upon a showing of good cause or 30 unforeseen circumstances. The court may permit a party to appear in person 31 even if the party has not given the notice required in (3). 32 33 (Subd (

h) amended and relettered effective January 1, 2014; adopted as subd (

d) effective 34 July 1, 1998; previously amended effective January 1, 1999, July 1, 1999, January 1, 2003, 35 and January 1, 2007; amended and relettered subd (

g) effective January 1, 2008.) 36 37 (h)(

i) Notice by court 38 39 After a party has requested a telephone appearance under (gh), if the court requires 40 the personal appearance of the party, the court must give reasonable notice to all 41 parties before the hearing and may continue the hearing if necessary to 42 accommodate the personal appearance. The court may direct the court clerk, a 43

12 court-appointed vendor, a party, or an attorney to provide the notification. In courts 1 using a telephonic tentative ruling system for law and motion matters, court 2 notification that parties must appear in person may be given as part of the court’s 3 tentative ruling on a specific law and motion matter if that notification is given one 4 court day before the hearing. 5 6 (Subd (

i) amended and relettered effective January 1, 2014; adopted as subd (

e) effective 7 July 1, 1998; previously amended effective January 1, 1999, and January 1, 2003; 8 previously amended and relettered as subd (

h) effective January 1, 2008.) 9 10 (i)(

j) Provision of telephone appearance services 11 12 A court may provide for telephone appearances only through one or more of the 13 following methods: 14 15 (1) * * * 16 17

(2) The direct provision by the court of telephone appearance services. If a court 18 directly provides telephone services, it must collect the telephone appearance 19 fees specified in (jk), except as provided in (kl) and (lm). A judge may, at his 20 or her discretion, waive telephone appearance fees for parties appearing 21 directly by telephone in that judge’s courtroom. 22 23 (Subd (

j) amended and relettered effective January 1, 2014; adopted as subd (

f) effective 24 July 1, 1998; previously relettered as subd (

i) effective January 1, 2008; previously 25 amended effective January 1, 2003, July 1, 2011 and July 1, 2013.) 26 27 (j)(

k) Telephone appearance fee amounts; time for making requests 28 29 The telephone appearance fees specified in this subdivision are the statewide, 30 uniform fees to be paid by parties to a vendor or court for providing telephone 31 appearance services. Except as provided under (

k) and (

l) and (m), the fees to be 32 paid to appear by telephone are as follows: 33 34 (1) * * * 35 36

(2) An additional late request fee of $30 is to be charged for an appearance by 37 telephone if the request to the vendor or the court providing telephone 38 services is not made at least three two days before the scheduled appearance, 39 except: 40 41 (

A) When an opposing party has provided timely notice under (h)(4) on an 42 ex parte application or other hearing or, conference, or proceeding is set 43

13 on shortened time for which three days’ notice would not be feasible or 1 practical, only the applying party— and not any responding party— is to 2 be charged the late fee, no late fee is to be charged to that party; 3 4 (

B) When the court, on its own motion, sets a hearing or conference on 5 shortened time, no late fee is to be charged to any party; 6 7 (

C) When the matter has a tentative ruling posted within the two three-day 8 period, no late fee is to be charged to any party; and 9 10 (

D) When the request to appear by telephone is made by a party that 11 received notice of another party’s intent to appear and afterward 12 decides also to appear by telephone under (gh)(2), no late fee is to be 13 charged to that party if its request is made to the vendor or the court 14 providing the service by noon on the court day before the hearing or 15 conference. 16 17 (3) * * * 18 19 (Subd (

k) amended and relettered effective January 1, 2014; adopted as subd (

j) effective 20 July 1, 2011; previously (

j) amended effective July 1, 2013.) 21 22 (k)(

l) Fee waivers 23 24

(1) Effect of fee waiver 25 26 A party that has received a fee waiver must not be charged the fees for 27 telephone appearances provided under (jk), subject to the provisions of Code 28 of Civil Procedure

section 367.6(b). 29 30 (2) * * * 31 32 (3) * * * 33 34 (Subd (

l) amended and relettered effective January 1, 2014; adopted as subd (

k) effective 35 July 1, 2011.) 36 37 (l)(

m) Title IV-D proceedings 38 39 (1) * * * 40 41

(2) Vendor-provided telephone appearance services 42 43

14 If a vendor provides for telephone appearance services in a proceeding for 1 child or family support under Title IV-D, the amount of the fee for a 2 telephone appearance under (jk)(1) is $58 instead of $78. No portion of the 3 fee received by the vendor for a telephone appearance under this subdivision 4 is to be transmitted to the State Treasury under Government Code

section 5 72011. 6 7 (3) * * * 8 9

(4) Fee waivers applicable 10 11 The fee waiver provisions in (kl) apply to a request by a party in a Title IV-D 12 proceeding for telephone appearance services from a vendor. 13 14 (Subd (

m) amended and relettered effective January 1, 2014; adopted as subd (

l) effective 15 July 1, 2011; previously amended effective July 1, 2013.) 16 17 (m)(n) * * * 18 19 (Subd (

n) relettered effective January 1, 2014; adopted as subd (f); previously amended 20 effective January 1, 2003, and January 1, 2007; previously amended and relettered as 21 subd (

j) effective January 1, 2008; previously relettered as subd (

c) effective January 1, 22 1989, as subd (

g) effective July 1, 1998, and as subd (

m) effective July 1, 2011.) 23 24 (n)(o) * * * 25 26 (Subd (

o) relettered effective January 1, 2014; adopted as subd (

h) effective July 1, 1998; 27 previously amended effective January 1, 2003; previously relettered as subd (

k) effective 28 January 1, 2008, and as subd (

n) effective July 1, 2011.) 29 30 (o)(p) * * * 31 32 (Subd (

p) relettered effective January 1, 2014; adopted as subd (

i) effective July 1, 1998; 33 previously amended effective January 1, 1999, and January 1, 2003; previously relettered 34 as subd (

l) effective January 1, 2008; previously amended and relettered as subd (o) 35 effective July 1, 2011.) 36 37 (p)(q) * * * 38 39 (Subd (

q) relettered effective January 1, 2014; adopted as subd (j); previously amended 40 effective January 1, 2003, and January 1, 2007; previously amended and relettered as 41 subd (

m) effective January 1, 2008; previously relettered as subd (

p) effective July 1, 42 2011.) 43

15 1 Rule 3.670 amended effective January 1, 2014; adopted as rule 298 effective March 1, 1988; 2 previously amended and renumbered effective January 1, 2007; previously amended effective 3 January 1, 1989, July 1, 1998, January 1, 1999, July 1, 1999, January 1, 2001, July 1, 2002, 4 January 1, 2003, January 1, 2008, July 1, 2011, and July 1, 2013. 5 6 7 Advisory Committee Comment 8 9 This rule does not apply to criminal or juvenile matters, and it also does not apply to family law 10 matters, except in certain respects as provided in rule 5.324 relating to telephone appearances in 11 proceedings for child or family support under Title IV-D of the Social Security Act. (See Cal. 12 Rules of Court, rule 3.670(b) [rule applies to general civil cases and unlawful detainer and 13 probate proceedings]; rule 5.324(j) [subdivisions (i)-(p) (j)–(

q) of rule 3.670 apply to telephone 14 appearances in Title IV-D proceedings].) 15 16 Subdivision (d). The inclusion of ex parte applications in this rule is intended to address only the 17 way parties may appear and is not intended to alter the way courts handle ex parte applications. 18 19 Subdivision (h). Under subdivision (h)(6), good cause should be construed consistent with the 20 policy in (

a) and in Code of Civil Procedure

section 367.5(

a) favoring telephone appearances. 21 Some examples of good cause to appear by telephone without notice include personal or family 22 illness, death in the family, natural disasters, and unexpected transportation delays or interruption. 23 24 Subdivision (j). Under subdivision (ij)(3) of this rule and Government Code

section 72010(c), 25 even for proceedings in which fees are authorized, the fees may be waived by a judicial officer, in 26 his or her discretion, for parties appearing directly by telephone in that judicial officer’s 27 courtroom. 28 29 Rule 3.1207.

Personal Appearance requirements 30 31 An applicant for an ex parte application order will be considered without a personal 32 appearance of the applicant must appear, either in person or by telephone under rule 33 3.670, except in the following cases only: 34 35 (1)–(4) * * * 36 37 Rule 3.1207 amended effective January 1, 2014; adopted effective January 1, 2007; previously 38 amended effective January 1, 2008. 39 40 Rule 3.1368. Paper format 41 42

16 (

a) Requirements 1 2 In the paper format of the administrative record lodged in the court in a proceeding 3 brought under the California Environmental Quality Act: 4 5

(1) The paper must be recycled; 6 7 (2)

(1) Both sides of each page must be used; 8 9 (3)

(2) The paper must be opaque, unglazed, white or unbleached, 8 1/2 by 11 10 inches, and of standard quality no less than 20-pound weight, except that 11 maps, charts, and other demonstrative materials may be larger; and 12 13 (4)

(3) Each page must be numbered consecutively at the bottom. 14 15 (Subd (

a) amended effective January 1, 2014.) 16 17 (b) * * * 18 19 Rule 3.1368 amended effective January 1, 2014; adopted effective January 1, 2010. 20 21 Rule 3.1802. Inclusion of interest in judgment 22 23 The clerk must include in the judgment any interest awarded by the court and the interest 24 accrued since the entry of the verdict. 25 26 Rule 3.1802 amended effective January 1, 2014; adopted as rule 875 effective January 1, 1987; 27 previously amended and renumbered effective January 1, 2007. 28 29 Rule 5.68. Manner of service of summons and petition; response; jurisdiction 30 31 (

a) Service of summons and petition 32 33 The petitioner must arrange to serve the other party with a summons, petition, and 34 other papers as required by one of the following methods: 35 36 (1)–(4) * * * 37 38

(5) Service on a person residing outside of the United States, which must be done 39 in compliance with service rules of the Hague Convention on the Service 40 Abroad of Judicial and Extrajudicial Documents in Civil or Commercial 41 Matters; or following: 42 43

17 (

A) Hague Convention on the Service Abroad of Judicial and Extrajudicial 1 Documents in Civil or Commercial Matters; or 2 3 (

B) Inter-American Convention on Letters Rogatory and the Additional 4 Protocol to the Inter-American Convention on Letters Rogatory. 5 6 (6) * * * 7 8 (Subd (

a) amended effective January 1, 2014.) 9 10 (b)–(c) * * * 11 12 Rule 5.68 amended effective January 1, 2014; adopted effective January 1, 2013. 13 14 Rule 5.72. Court order for service by publication or posting when respondent’s 15 address is unknown 16 17 If the respondent cannot be found to be served a summons by any method described in 18 Code of Civil Procedure sections 415.10 through 415.40, the petitioner may request an 19 order for service of the summons by publication or posting under Code of Civil 20 Procedure sections 415.50 and 413.30, respectively. 21 22 (a) * * * 23 24 (

b) Service of summons by posting; additional requirements 25 26 Service of summons by posting may be ordered only if the court finds that the 27 petitioner is eligible for a waiver of court fees and costs. 28 29

(1) To request service by posting, the petitioner must have obtained an order on 30 waiving court fees waiver and costs (Superior Court) (form FW-003). If the 31 petitioner’s financial situation has improved since obtaining the approved 32 order on court fee waiver, the petitioner must file a Notice to Court of 33 Improved Financial Situation or Settlement (form FW-010). If the court finds 34 that the petitioner no longer qualifies for a fee waiver, the court may order 35 service by publication of the documents. 36 37 (2) *** 38 39 (Subd (

b) amended effective January 1, 2014.) 40 41 Rule 5.72 amended effective January 1, 2014; adopted effective January 1, 2013. 42

18 Rule 5.74. Pleadings and amended pleadings 1 2 (a) * * * 3 4 (

b) Forms of pleading 5 6

(1) The forms of pleading and the rules by which the sufficiency of pleadings is 7 to be determined are solely those prescribed in these rules. 8 9

(2) Demurrers, or motions for

summary adjudication, and motions for

summary 10 judgment motions must not be used in family law actions. 11 12 (Subd (

b) amended effective January 1, 2014.) 13 14 (c) * * * 15 16 Rule 5.74 amended effective January 1, 2014; adopted effective January 1, 2013. 17 18 Rule 5.324. Telephone appearance in Title IV-D hearings and conferences 19 20 (a)–(i) * * * 21 22 (

j) Vendors, procedure, audibility, reporting, and information 23 24 Rule 3.670(i)-(p)(j)–(

q) applies to telephone appearances under this rule. 25 26 (Subd (

j) amended effective January 1, 2014; previously amended effective January 1, 27 2007, July 1, 2008, and July 1, 2011.) 28 29 (k) * * * 30 31 Rule 5.324 amended effective January 1, 2014; adopted effective July 1, 2005; previously 32 amended effective January 1, 2007, January 1, 2008, July 1, 2008, and July 1, 2011. 33 34 Rule 5.372. Transfer of title IV-D case to a tribal court 35 36 (

a) Purpose 37 38 This rule is intended to define the procedure for transfer of title IV-D child support 39 cases from a California superior court to a tribal court. 40 41 (

b) Definitions 42 43

19 (1) “Tribal court” means any tribal court of a federally recognized Indian tribe 1 located in California that is receiving funding from the federal government to 2 operate a child support program under title IV-D of the Social Security Act 3 (42 U.S.C. § 654 et seq.). 4 5 (2) “Superior court” means a superior court of the state of California. 6 7 (3) “Title IV-D child support cases” include all cases where title IV-D services 8 are being provided whether the case originates from the local child support 9 agency’s filing of a summons and complaint or later becomes a title IV-D 10 case when the local child support agency registers a child support order or 11 intervenes in a child support action by filing a change of payee. 12 13 (

c) Disclosure of related case 14 15 A party must disclose in superior court whether there is any related action in tribal 16 court in the first pleading, in an attached affidavit, or under oath. A party’s 17 disclosure of a related action must include the names and addresses of the parties to 18 the action, the name and address of the tribal court where the action is filed, the 19 case number of the action, and the name of judge assigned to the action, if known. 20 21 (

d) Notice of intent to transfer case 22 23 Before filing a motion for case transfer of a child support matter from a superior 24 court to a tribal court, the party requesting the transfer, the state title IV-D agency, 25 or the tribal IV-D agency must provide the parties with notice of their right to 26 object to the case transfer and the procedures to make such an objection. 27 28 (

e) Determination of concurrent jurisdiction 29 30 The superior court may, on the motion of any party and after notice to the parties of 31 their right to object, transfer a child support and custody provision of an action in 32 which the state is providing services under California Family Code

section 17400 33 to a tribal court, as defined in (a). This provision applies to both prejudgment and 34 postjudgment cases. When ruling on a motion to transfer, the superior court must 35 first make a threshold determination that concurrent jurisdiction exists. If 36 concurrent jurisdiction is found to exist, the transfer will occur unless a party has 37 objected in a timely manner. On the filing of a timely objection to the transfer, the 38 superior court must conduct a hearing on the record considering all the relevant 39 factors set forth in (f). 40 41 (

f) Evidentiary considerations 42 43

20 In making a determination on the application for case transfer, the superior court 1 must consider: 2 3

(1) The nature of the action; 4 5

(2) The interests of the parties; 6 7

(3) The identities of the parties; 8 9

(4) The convenience of the parties and witnesses; 10 11

(5) Whether state or tribal law will apply; 12 13

(6) The remedy available in the superior court or tribal court; and 14 15

(7) Any other factors deemed necessary by the superior court. 16 17 (

g) Order on request to transfer 18 19 The court must issue a final order on the request to transfer including a 20 determination of whether concurrent jurisdiction exists. 21 22 (

h) Proceedings after order granting transfer 23 24 Once the superior court has granted the application to transfer, the superior court 25 clerk must deliver a copy of the entire file, including all pleadings and orders, to the 26 clerk of the tribal court. 27 28 Rule 5.372 adopted effective January 1, 2014. 29 30 Rule 5.502.

Definitions and use of terms 31 32

Definitions (§§ 202(e), 303(b), 319, 361, 361.5(a)(3), 450, 628.1, 636, 726, 727.3(c)(2), 33 727.4(d), 4512(j), 4701.6(b), 11400(v), 11400(y), 16501(f)(16); 20 U.S.C. § 1415; 25 34 U.S.C. § 1903(2)) 35 36 As used in these rules, unless the context or subject matter otherwise requires: 37 38 (1)–(7) * * * 39 40 (8) “Court-ordered services” or “court-ordered treatment program” means child 41 welfare services or services provided by an appropriate agency ordered at a 42 dispositional hearing at which the child is declared a dependent child or ward of the 43

21 court, and any hearing thereafter, for the purpose of maintaining or reunifying a 1 child with a parent or guardian. 2 3 (9)–(11) * * * 4 5 (12) “Domestic partner” means one of two adults who have chosen to share one 6 another’s lives in an intimate and committed relationship of mutual caring as 7 described in Family Code

section 297. 8 9 (13) “Educational representative rights holder” means the responsible adult identified or 10 appointed by the court who holds the educational rights to make educational or 11 developmental-services decisions for a child, nonminor, or nonminor dependent. 12 when the parent’s or guardian’s educational rights have been limited by the court. 13 The If the court limits a parent’s or guardian’s decisionmaking rights and appoints 14 an educational rights holder, the educational representative appointed rights holder 15 acts as the child’s or youth’s parent, spokesperson, educational decision maker, and 16 “authorized representative” as described in sections 4512(

j) and 4701.6(

b) and 17 parent in regard to all educational matters related to educational or developmental-18 services needs, including those defined described in sections 319, 361, and 726, 19 4512, 4646–4648, and 4700–4731; Education Code sections 56028(b)(2), 56050, 20 and 56055; Government Code sections 7579.5 and 7579.6; and title 20

chapter 33 21 (commencing with

section 1400) of title 20 of the United States Code; and

part 300 22 (commencing with

section 300.1) of title 34 of the Code of Federal Regulations, 23 unless the court orders otherwise. The An appointed educational representative 24 rights holder holds educational and privacy rights is entitled to access to 25 educational and developmental-services records and information to the extent 26 permitted by law, including by sections 4514 and 5328, and to the same extent as 27 the child’s a parent, as defined that term is used in title 20 United States Code 28

section 1232g and defined in title 34 Code of Federal Regulations

section

part 99.3. 29 30 (14)–(18) * * * 31 32 (19) “Indian child” means any unmarried person under 18 years of age who is either (a) 33 a member of an Indian tribe or (

b) eligible for membership in an Indian tribe and is 34 the biological child of a member of an Indian tribe. In a court proceeding defined in 35

section 224.1(d), the term also means a youth who satisfies the conditions in either 36 (

a) or (b), above, is 18 years of age but not yet 21 years of age, and remains under 37 the jurisdiction of the juvenile court, unless that youth, directly or through his or 38 her attorney, chooses not to be considered an Indian child for purposes of the 39 proceeding. 40 41 (20) “Indian child’s tribe” means (

a) the Indian tribe of which the Indian child is a 42 member or is eligible for membership, or (b), if an Indian child is a member of, or 43

22 eligible for membership in, more than one tribe, the Indian tribe with which the 1 Indian child has the more significant contacts, as determined under

section 2 224.1(e). 3 4 (19)(21) * * * 5 6 (20)(22) * * * 7 8 (21)(23) * * * 9 10 (22)(24) * * * 11 12 (23)(25) “Nonminor” means a youth at least 18 years of age and not yet 21 years of 13 age who remains subject to the court’s dependency, delinquency, or general 14 jurisdiction under

section 303 but is not a “nonminor dependent.” 15 16 (23)(26) “Nonminor dependent” means a person youth who is a dependent or ward of 17 the court, or a nonminor under the transition jurisdiction of the court, is at least 18 18 years of age and no more than 20 not yet 21 years of age, and: who 19 20 (

A) Was under an order for a of foster care placement on his or her 18th birthday; 21 and 22 23 (

B) Is currently in foster care under the placement and care authority of the 24 county welfare department, the county probation department, or an Indian 25 tribe that entered into an agreement under Welfare and Institutions Code 26

section 10553.1; who and 27 28 (

C) Is participating in a current Transitional Independent Living Case Plan as 29 defined in this rule; and who is meeting at least one of the education, training, 30 or work requirements in Welfare and Institutions Code

section 11403(

b) or is 31 incapable of meeting one of those requirements due to a medical condition. 32 33 (24)(27) * * * 34 35 (25)(28) * * * 36 37 (26)(29) * * * 38 39 (27)(30) * * * 40 41 (28)(31) * * * 42 43

23 (29)(32) * * * 1 2 (30)(33) * * * 3 4 (31)(34) * * * 5 6 (32)(35) * * * 7 8 (33)(36) * * * 9 10 (34)(37) * * * 11 12 (35)(38) * * * 13 14 (36)(39) * * * 15 16 (37)(40) * * * 17 18 (41) “Transition dependent” means a ward of the court at least 17 years and five months 19 of age but not yet 18 years of age who is subject to the court’s transition 20 jurisdiction under

section 450. 21 22 (38)(42) * * * 23 24 (39)(43) * * * 25 26 (40)(44) * * * 27 28 (41)(45) * * * 29 30 Rule 5.502 amended effective January 1, 2014; adopted as rule 1401 effective January 1, 1990; 31 previously amended and renumbered effective January 1, 2007; previously amended effective 32 July 1, 1992, July 1, 1997, January 1, 1998, January 1, 1999, January 1, 2001, July 1, 2002, 33 January 1, 2003, January 1, 2008, July 1, 2010, January 1, 2011, January 1, 2012, and July 1, 34 2012. 35 36 Rule 5.518. Court-connected child protection/dependency mediation 37 38 (a)–(d) * * * 39 40 (

e) Education, experience, and training requirements for dependency mediators 41 42 Dependency mediators must meet the following minimum qualifications: 43

24 1 (1)–(3) * * * 2 3 (A) * * * 4 5 (i)–(v) * * * 6 7 (vi) The requirements of the laws incorporated in rule 5.651(a)(3) 8 rights to educational and developmental services recognized or 9 established by state and federal law and strategies for 10 appropriately addressing the individual needs of persons with 11 disabilities; 12 13 (B)–(K) * * * 14 15 (Subd (

e) amended effective January 1, 2014; previously amended effective January 1, 16 2005, January 1, 2007, and January 1, 2008.) 17 18 (f)–(j) * * * 19 20 Rule 5.518 amended effective January 1, 2014; adopted as rule 1405.5 effective January 1, 2004; 21 previously amended and renumbered effective January 1, 2007; previously amended effective 22 January 1, 2005, and January 1, 2008. 23 24 Rule 5.534. General provisions—all proceedings 25 26 (a)–(c) * * * 27 28 (

d) Burden of proof (§§ 350, 701.1) 29 30

(1) Meeting the burden of proof: 31 32 (A1) In any hearing under

section 300 in which the county welfare agency has the 33 burden of proof, the court may consider whether the burden of proof has been 34 met only after completion of the agency’s case, and the presentation of any 35 material evidence offered by the child., the The court may then, on motion of 36 any party or on the court’s own motion, order whatever action the law 37 requires if the court, based on all the evidence then before it, finds that the 38 burden of proof is has not been met. 39 40 (B2) In any hearing under

section 601 or 602, after the completion of the 41 petitioner’s case, the court may, on the motion of any party, or on the court’s 42

25 own motion, order whatever action the law requires if the court, based on all 1 the evidence then before it, finds that the burden of proof is has not been met. 2 3

(2) If the motion is denied, the child in a

section 300 or

section 601 or

section 602 4 hearing, or the parent or guardian in a

section 300 hearing, may offer 5 evidence. 6 7 (Subd (

d) amended effective January 1, 2014; previously amended effective July 1, 1995, 8 and January 1, 2007.) 9 10 (

e) De facto parents 11 12 On a sufficient showing, the court may recognize the child’s present or previous 13 custodians as a de facto parents and grant him or her standing to participate as a 14 party parties in the dispositional hearings and any hearing thereafter at which the 15 status of the dependent child is at issue. The de facto parent may: 16 17 (1)–(3) * * * 18 19 (Subd (

e) amended effective January 1, 2014; previously amended effective January 1, 20 2007.) 21 22 (

f) Relatives 23 24

(1) On a sufficient showing, the court may permit a relatives of the child or youth 25 to: 26 27 (A)–(B) * * * 28 29

(2) A relatives of the child have has the right to submit information about the 30 child to the court at any time. Written information about the child may be 31 submitted to the court using Relative Information (form JV-285) or in a letter 32 to the court. 33 34

(3) When a relative is located through the investigation required by rule 5.637, 35 the social worker or probation officer must give that relative: 36 37 (

A) The written notice required by

section 309 or 628 and the “Important 38 Information for Relatives” document as distributed in California 39 Department of Social Services All County Letter No. 09-86; 40 41 (B)–(C) * * * 42 43

(4) When form JV-285 or a relative’s letter is received by the court, the court 1 clerk must provide the social worker or probation officer, all unrepresented 2 self-represented parties, and all attorneys with a copy of the completed form 3 or letter. 4 5

(5) When form JV-287 is received by the court, the court clerk must place it in a 6 confidential portion of the case file. 7 8 (Subd (

f) amended effective January 1, 2014; previously amended effective January 1, 9 2007, and January 1, 2011.) 10 11 (

g) Right to counsel (§§ 317, 633, 634, 700) 12 13 At each hearing, the court must advise any self-represented child, parent, or 14 guardian of the right to be represented by counsel and, if applicable, of the right to 15 have counsel appointed, subject to a claim by the court or the county for 16 reimbursement as provided by law. 17 18 (Subd (

g) amended effective January 1, 2014; previously amended effective July 1, 2002, 19 and January 1, 2007.) 20 21 (

h) Appointment of counsel (§§ 317, 353, 633, 634, 700) 22 23 (1) * * * 24 25

(2) In cases petitioned under

section 601 or

section 602: 26 27 (A)–(C) * * * 28 29 (Subd (

h) amended effective January 1, 2014; previously amended effective July 1, 2002, 30 and January 1, 2007.) 31 32 (i) * * * 33 34 (

j) Appointment of educational representative rights holder (§§ 319, 361, 366, 35 366.27, 726, 727.2; Gov. Code, §§ 7579.5–7579.6) 36 37

(1) If the court limits, even temporarily, the rights of a parent or guardian to 38 make educational or developmental-services decisions for the a child under 39 rule 5.649, the court must immediately proceed under rule 5.650(

b) to 40 appoint an responsible adult as educational representative rights holder for 41 the child. 42 43

(2) If a nonminor or nonminor dependent youth chooses not to make educational 1 or developmental-services decisions for him - or herself or is deemed by the 2 court to be incompetent, and the court also finds that the appointment of an 3 educational rights holder would be in the best interests of the youth, then the 4 court must immediately proceed under rule 5.650 to appoint or continue the 5 appointment of a responsible adult as educational rights holder for the youth. 6 7 (Subd (

j) amended effective January 1, 2014; adopted effective January 1, 2008.) 8 9 (k)–(n) * * * 10 11 (

o) Periodic reports (§ 365) 12 13 The court may require the petitioner or any other agency to submit reports 14 concerning a child or youth subject to the jurisdiction of the court. 15 16 (Subd (

o) amended effective January 1, 2014; adopted as subd (k); previously relettered as 17 subd (

l) effective January 1, 1994, as subd (

m) effective January 1, 1997, as subd (n) 18 effective October 1, 2007, and as subd (

o) effective January 1, 2008.) 19 20 (p) * * * 21 22 Rule 5.534 amended effective January 1, 2014; adopted as rule 1412 effective January 1, 1991; 23 previously amended and renumbered effective January 1, 2007; previously amended effective 24 January 1, 1994, July 1, 1995, January 1, 1997, January 1, 2000, July 1, 2002, January 1, 2005, 25 October 1, 2007, January 1, 2008, January 1, 2010, and January 1, 2011. 26 27 Rule 5.555. Hearing to consider termination of juvenile court jurisdiction over a 28 nonminor—dependents or wards of the juvenile court in a foster care 29 placement and nonminor dependents (§§ 224.1(b), 303, 366.31, 391, 452, 607.3, 30 16501.1(f)(16)) 31 32 (

a) Applicability 33 34

(1) This rule applies to any hearing during which the termination of the juvenile 35 court’s jurisdiction over the following nonminors will be considered: 36 37 (

A) A nonminor dependent as defined in

section 11400(v); and 38 39 (

B) A ward or dependent of the juvenile court who is 18 years of age or 40 older and subject to an order for a foster care placement.; or 41 42

28 (

C) A ward who was subject to an order for foster care placement at the 1 time he or she attained 18 years of age, or a dependent of the juvenile 2 court who is 18 years of age or older and is living in the home of the 3 parent or former legal guardian. 4 5 (2) * * * 6 7 (Subd (

a) amended effective January 1, 2014; previously amended effective July 1, 2012.) 8 9 (

b) Setting a hearing 10 11 (1) * * * 12 13

(2) The hearing under this rule may be held during a hearing required under 14

section 366(f) (g), 366.21, 366.22, 366.25, 366.3, 366.31, 727.2, or 727.3 or 15 rule 5.903. 16 17

(3) Notice of the hearing to the parents of a nonminor dependent as defined in 18

section 11400(

v) is not required., unless the parents are receiving court -19 ordered family reunification services or the nonminor is living in the home of 20 the parent or former legal guardian. 21 22 (4)–(5) * * * 23 24 (Subd (

b) amended effective January 1, 2014; previously amended effective July 1, 2012.) 25 26 (

c) Reports 27 28

(1) In addition to complying with all other statutory and rule requirements 29 applicable to the report prepared by the social worker or probation officer for 30 any hearing during which termination of the court’s jurisdiction will be 31 considered, the report must include: 32 33 (A)–(F) * * * 34 35 (

G) When and how the nonminor was informed that if juvenile court 36 jurisdiction is terminated, the court maintains general jurisdiction over 37 him or her for the purpose of resuming jurisdiction and he or she has 38 the right to file a request to return to foster care and have the juvenile 39 court resume jurisdiction over him or her as a nonminor dependent until 40 he or she has attained the age of 21 years or the age of 20 years if the 41 Legislature does not appropriate funding to extend the availability of 42 foster care placement to the age of 21 years; 43

29 1 (H)–(K) * * * 2 3 (2)–(3) * * * 4 5

(4) The social worker’s or probation officer’s report and all documents required 6 by (c)(2)–(3) must be filed with the court at least 10 calendar days before the 7 hearing, and the social worker or probation officer must provide copies of the 8 report and other documents to the nonminor, the nonminor’s parents, and all 9 attorneys of record. If the nonminor is under juvenile court jurisdiction as a 10 nonminor dependent, the social worker or probation officer is not required to 11 provide copies of the report and other documents to the nonminor 12 dependent’s parents., unless the nonminor dependent’s parents are receiving 13 court-ordered family reunification services. 14 15 (Subd (

c) amended effective January 1, 2014; previously amended effective July 1, 2012.) 16 17 (

d) Findings and orders 18 19 In addition to complying with all other statutory and rule requirements applicable 20 to the hearing, the following judicial findings and orders must be made on the 21 record and included in the written, signed court documentation of the hearing: 22 23

(1) Findings 24 25 (A)–(H) * * * 26 27 (

I) Whether the nonminor has been informed that if juvenile court 28 jurisdiction is terminated, he or she has the right to file a request to 29 return to foster care and have the juvenile court resume jurisdiction 30 over him or her as a nonminor dependent until he or she has attained 31 the age of 21 years or the age of 20 years if the Legislature does not 32 appropriate funding to extend the availability of nonminor foster care 33 placement to the age of 21 years; 34 35 (J)–(M) * * * 36 37

(2) Orders 38 39 (A)–(D) * * * 40 41 (

E) For a nonminor (1) who does not meet one or more of the eligibility 42 criteria of

section 11403(

b) and is not otherwise eligible to remain 43

30 under juvenile court jurisdiction, (2) who does meet one or more of the 1 eligibility criteria of

section 11403(

b) but does not wish to remain 2 under the jurisdiction of the juvenile court as a nonminor dependent, or 3 (3) who does meet one or more of the eligibility criteria of

section 4 11403(

b) but is not participating in a reasonable and appropriate 5 Transitional Independent Living Case Plan, the court may order the 6 termination of juvenile court jurisdiction only after entering the 7 following findings and orders: 8 9 (i)–(ii) * * * 10 11 (iii) The nonminor was informed that if juvenile court jurisdiction is 12 terminated, he or she has the right to return to foster care and to 13 file a request to have the juvenile court resume jurisdiction over 14 him or her as a nonminor dependent until he or she has attained 15 the age of 21 years or the age of 20 years if the Legislature does 16 not appropriate funding to extend the availability of nonminor 17 foster care placement to the age of 21 years; 18 19 (iv)–(vi) * * * 20 21 (Subd (

d) amended effective January 1, 2014; previously amended effective July 1, 2012, 22 and July 1, 2013.) 23 24 Rule 5.555 amended effective January 1, 2014; adopted effective January 1, 2012; previously 25 amended effective July 1, 2012, and July 1, 2013. 26 27 Rule 5.570. Request to change court order (petition for modification) 28 29 (

a) Contents of petition (§§ 388, 778) 30 31 A petition for modification must be liberally construed in favor of its sufficiency. 32 The petition must be verified and, to the extent known to the petitioner, must 33 contain the following: 34 35 (1)–(2) * * * 36 37

(3) The name and age of the child, nonminor, or nonminor dependent; 38 39

(4) The address of the child, nonminor, or nonminor dependent, unless 40 confidential under (c); 41 42

(5) The name and residence address of the parent or guardian or an adult relative 1 of the child or nonminor; , if appropriate. to receive notice following the 2 procedures found in Welfare and Institutions Code sections 291 and 297(c); 3 4 (6)–(8) * * * 5 6

(9) A statement of the petitioner’s relationship or interest in the child, nonminor, 7 or nonminor dependent, if the application petition is made by a person other 8 than the child, nonminor, or nonminor dependent; and 9 10 (10) * * * 11 12 (Subd (

a) amended effective January 1, 2014; previously amended effective July 1, 2002, 13 January 1, 2007, January 1, 2009, and January 1, 2010.) 14 15 (b) * * * 16 17 (

c) Confidentiality 18 19 The addresses and telephone numbers of the person requesting to change the court 20 order; the child, nonminor, or nonminor dependent; and the child’s caregiver may 21 be kept confidential by filing Confidential Information (Request to Change Court 22 Order) (form JV-182) with form JV-180. Form JV-182 must be kept in the court 23 file under seal, and only the court, the agency, and the child’s attorney for the child, 24 nonminor, or nonminor dependent may have access to this information. 25 26 (Subd (

c) amended effective January 1, 2014; adopted effective January 1, 2007.) 27 28 (

d) Denial of hearing 29 30 The court may deny the petition ex parte if: 31 32

(1) The petition filed under

section 388(

a) or

section 778 fails to state a change 33 of circumstance or new evidence that may require a change of order or 34 termination of jurisdiction or, fails to show that the requested modification 35 would promote the best interest of the child., nonminor, or nonminor 36 dependent. 37 38 (2)–(3) * * * 39 40 (Subd (

d) amended effective January 1, 2014; adopted as subd (b); previously amended 41 and relettered effective January 1, 2007; previously amended effective January 1, 2010.) 42 43

32 (

e) Grounds for grant of petition (§§ 388, 778) 1 2

(1) If the petition filed under

section 388(

a) or

section 778 states a change of 3 circumstance or new evidence and it appears that the best interest of the 4 child, nonminor, or nonminor dependent may be promoted by the proposed 5 change of order or termination of jurisdiction, the court may grant the petition 6 after following the procedures in (f), (g), and (h), or (i). 7 8

(2) If the petition is filed under

section 388(

b) and it appears that the best interest 9 of the child, nonminor, or nonminor dependent may be promoted by the 10 proposed recognition of a sibling relationship and other requested orders, the 11 court may grant the petition after following the procedures in (f), (g), and (h). 12 13 (3)–(4) * * * 14 15

(5) If the petition filed under

section 388(

a) is filed before an order terminating 16 parental rights and is seeking to modify an order that reunification services 17 were not needed under

section 361.5(b)(4), (5), or (6) or to modify any orders 18 related to custody or visitation of the child for whom reunification services 19 were not ordered under

section 361.5(b)(4), (5), or (6), the court may modify 20 the orders only if the court finds by clear and convincing evidence that the 21 proposed change is in the best interests of the child. The court may grant the 22 petition after following the procedures in (f), (g), and (h). 23 24 (Subd (

e) amended effective January 1, 2014; adopted as subd (c); previously amended 25 and relettered effective January 1, 2007; previously amended effective January 1, 2010.) 26 27 (f) * * * 28 29 (

g) Notice of petition and hearing (§§ 388, 778) 30 31 The clerk must cause notice of the hearing to be given to the persons and in the 32 same manner prescribed by rule 5.524. The present custodian caregiver of a 33 dependent the child, nonminor, or nonminor dependent and the tribe of an 34 dependent Indian child must be similarly notified. The parent or legal guardian of a 35 nonminor dependent must not be notified unless the nonminor dependent requests 36 that he or she receive notice or the parent or legal guardian is receiving court -37 ordered family reunification services. 38 39 (Subd (

g) amended effective January 1, 2014; repealed and adopted as subd (e); 40 previously amended effective January 1, 1992, July 1, 1995, July 1, 2000, and July 1, 41 2002; previously amended and relettered as subd (

g) effective January 1, 2007.) 42 43

33 (

h) Conduct of hearing (§ 388) 1 2

(1) The petitioner requesting the modification under

section 388 has the burden 3 of proof. 4 5 (

A) If the request is for the removal of the child from the child’s home, the 6 petitioner must show by clear and convincing evidence that the grounds 7 for removal in

section 361(

c) exist. 8 9 (

B) If the request is for removal to a more restrictive level of placement, the 10 petitioner must show by clear and convincing evidence that the change 11 is necessary to protect the physical or emotional well-being of the 12 child. 13 14 (C) (

A) If the request is for termination of court-ordered reunification 15 services, the petitioner must show by clear and convincing evidence 16 that one of the conditions in

section 388(c)(1)(

A) or (

B) exists and must 17 show by a preponderance of the evidence that reasonable services have 18 been offered or provided. 19 20 (

B) If the request is to modify an order that reunification services were not 21 needed under

section 361.5(b)(4), (5), or (6) or to modify any orders 22 related to custody or visitation of the child for whom reunification 23 services were not ordered under

section 361.5(b)(4), (5), or (6), the 24 petitioner must show by clear and convincing evidence that the 25 proposed change is in the best interests of the child. 26 27 (D) (

C) All other requests require a preponderance of the evidence to 28 show that the child’s welfare requires such a modification. 29 30

(2) The hearing must be conducted as a dispositional hearing under rules 5.690 31 and 5.695 if: 32 33 (

A) The request is for removal from the home of the parent or guardian or 34 to a more restrictive level of placement; 35 36 (B) (

A) The request is for termination of court-ordered reunification 37 services; or 38 39 (C) (

B) There is a due process right to confront and cross-examine 40 witnesses. 41 42

34 Otherwise, proof may be by declaration and other documentary evidence, or by 1 testimony, or both, at the discretion of the court. 2 3 (Subd (

h) amended effective January 1, 2014; adopted as subd (f); previously amended and 4 relettered effective January 1, 2007; previously amended effective July 1, 2000, July 1, 5 2002, January 1, 2003, and January 1, 2010.) 6 7 (i) * * * 8 9 (

j) Petitions for juvenile court to resume jurisdiction over nonminors (§ 388(e)) 10 11 A petition filed by or on behalf of a nonminor requesting that the court resume 12 jurisdiction over the nonminor as a nonminor dependent is not subject to this rule. 13 Petitions filed under subdivision (

e) of

section 388 are subject to rule 5.906. 14 15 (Subd (

j) adopted effective January 1, 2014.) 16 17 Rule 5.570 amended effective January 1, 2014; adopted as rule 1432 effective January 1, 1991; 18 previously amended and renumbered effective January 1, 2007; previously amended effective 19 January 1, 1992, July 1, 1995, July 1, 2000, July 1, 2002, January 1, 2003, January 1, 2009, and 20 January 1, 2010. 21 22 Rule 5.616. Interstate Compact on the Placement of Children 23 24 (a) * * * 25 26 (

b) Definitions (Fam. Code, § 7900 et seq.; ICPC Regulations) 27 28 (1) “Placement” is defined in

article 2(

d) of the compact. It includes placements 29 with a relative, as defined in Regulation No. 3, paragraph 4, item 56,; a legal 30 guardian of the child,; a placement recipient who is not related to the child,; 31 or a residential agency or institution, facility or a group home as defined in 32 Regulation No. 4. 33 34 (A)–(B) * * * 35 36 (2)–(3) * * * 37 38

(4) ICPC Regulations Nos. 3, 4, 5, 9, 10, and 11, and 12 contain additional 39

definitions that apply to California ICPC cases, except where inconsistent 40 with this rule or with California law. 41 42

35 (Subd (

b) amended effective January 1, 2014; previously amended effective January 1, 1 2007, and January 1, 2013.) 2 3 (

c) Compact requirements (Fam. Code, § 7901; ICPC Regulations) 4 5 Whenever the juvenile court makes a placement in another jurisdiction included in 6 the compact or reviews a placement plan, the court must adhere to the provisions 7 and regulations of the compact. 8 9 (1)–(2) * * * 10 11

(3) Cases in which out-of-state placement is proposed in order to place a child in 12 a residential facility or group home must meet all the requirements of 13 Regulation No. 4, except where inconsistent with California law. 14 15 (Subd (

c) amended effective January 1, 2014; previously amended effective January 1, 16 2007, and January 1, 2013.) 17 18 (d) * * * 19 20 (

e) Placement of delinquent children in institutional care (Fam. Code, §§ 7901, 21 art. 6, and 7908; ICPC Reg. No. 4, § 2) 22 23 A child declared a ward of the court under Welfare and Institutions Code

section 24 602 may be placed in an institution in another jurisdiction under the compact only 25 when: 26 27 (1)–(2) * * * 28 29

(3) Institutional care in the other jurisdiction is in the best interest of the child 30 and will not produce undue hardship for the child or his or her family. 31 32 (Subd (

e) amended effective January 1, 2014; previously amended effective January 1, 33 2007, and January 1, 2013.) 34 35 (f)–(h) * * * 36 37 (

i) Authority of sending court or agency to place child; timing (ICPC Reg. No. 2, 38 § 8(d), and Reg. No. 4, § 8) 39 40

(1) When the receiving state has approved a placement resource, the sending 41 court has the final authority to determine whether to use the approved 42

36 placement resource. The sending court may delegate that decision to the 1 sending state child welfare agency or probation department. 2 3

(2) For proposed placements of children for adoption, in foster care, or with 4 relatives, The determination to place the child in the approved home must be 5 made within the receiving state’s approval expires six months from the date 6 form ICPC-100A was signed by the receiving state. 7 8

(3) For proposed placements of children in residential facilities or group homes, 9 the receiving state’s approval expires 30 calendar days from the date form 10 ICPC-100A was signed by the receiving state. The 30-day time frame can be 11 extended by mutual agreement between the sending and receiving states. 12 13 (Subd (

i) amended effective January 1, 2014; adopted effective January 1, 2013.) 14 15 (j) * * * 16 17 Rule 5.616 amended effective January 1, 2014; adopted as rule 1428 effective January 1, 1999; 18 previously amended and renumbered effective January 1, 2007; previously amended effective 19 January 1, 2013. 20 21 Rule 5.620. Orders after filing under

section 300 22 23 (a) * * * 24 25 (

b) Restraining orders (§ 213.5) 26 27 After a petition has been filed under

section 300, and until the petition is dismissed 28 or dependency is terminated, the court may issue restraining orders as provided in 29 rule 5.630. The restraining orders A temporary restraining order must be prepared 30 on Notice of Hearing and Temporary Restraining Order—Juvenile (CLETS) (form 31 JV-250). An order after hearing must be prepared on Restraining Order—Juvenile 32 (form JV-255). 33 34 (Subd (

b) amended effective January 1, 2014; previously amended effective January 1, 35 2007.) 36 37 (c)–(e) * * * 38 39 Rule 5.620 amended effective January 1, 2014; adopted as rule 1429.1 effective January 1, 2000; 40 previously amended and renumbered effective January 1, 2007. 41 42

37 Rule 5.625. Orders after filing of petition under

section 601 or 602 1 2 (

a) Restraining orders (§ 213.5) 3 4 After a petition has been filed under

section 601 or 602, and until the petition is 5 dismissed or wardship is terminated, the court may issue restraining orders as 6 provided in rule 5.630. The restraining orders A temporary restraining order must 7 be prepared on Notice of Hearing and Temporary Restraining Order—Juvenile 8 (CLETS— JUV) (form JV-250). An order after hearing must be prepared on 9 Restraining Order—Juvenile (form JV-255). 10 11 (Subd (

a) amended effective January 1, 2014; previously amended effective January 1, 12 2003, and January 1, 2007.) 13 14 (b) * * * 15 16 Rule 5.625 amended effective January 1, 2014; adopted as rule 1429.3 effective January 1, 2000; 17 previously amended effective January 1, 2003; previously amended and renumbered effective 18 January 1, 2007. 19 20 Rule 5.630. Restraining orders 21 22 (a)–(c) * * * 23 24 (

d) Applications—procedure 25 26 The application may be submitted without notice, and the court may grant the 27 petition and issue a temporary order. 28 29 (1) * * * 30 31

(2) The temporary restraining order must be prepared on Notice of Hearing and 32 Temporary Restraining Order—Juvenile (CLETS— JUV) (form JV-250) and 33 must state on its face the date of expiration of the order. 34 35 (Subd (

d) amended effective January 1, 2014; adopted as subd (c); previously amended 36 and relettered as subd (

f) effective January 1, 2003; previously amended effective January 37 1, 2007; previously amended and relettered effective January 1, 2012.) 38 39 (

e) Reissuance 40 41 (1)–(2) * * * 42 43

(3) Either Application and Order for Reissuance of Order to Show Cause 1 Temporary Restraining Order—Juvenile (form FL-306/JV-251) or a new 2 Notice of Hearing and Temporary Restraining Order—Juvenile (form JV -3 250) must be used for this purpose. 4 5 (Subd (

e) amended effective January 1, 2014; adopted as subd (

g) effective January 1, 6 2003; previously amended effective January 1, 2004, and January 1, 2007; amended and 7 relettered effective January 1, 2012.) 8 9 (

f) Hearing on application for restraining order 10 11 (1) * * * 12 13

(2) The order after hearing must be prepared on Restraining Order—Juvenile 14 (CLETS— JUV) (form JV-250 JV-255) and must state on its face the date of 15 expiration of the order. 16 17 (Subd (

f) amended effective January 1, 2014; adopted as subd (d); previously amended 18 effective January 1, 2007; previously amended and relettered as subd (

h) effective January 19 1, 2003, and as subd (

f) effective January 1, 2012.) 20 21 (

g) Service of restraining order 22 23 When service of Notice of Hearing and Temporary Restraining Order—Juvenile 24 (form JV-250) or Restraining Order—Juvenile (form JV-255) is made, it must be 25 served with a blank Proof of Firearms Turned In or Sold (form DV-800/JV-252) 26 and How Do I Turn In or Sell Firearms? (form DV-800-INFO/JV-252-INFO). 27 Failure to serve form JV-252 or JV-252-INFO does not make service of form JV -28 250 or form JV-255 invalid. 29 30 (Subd (

g) amended effective January 1, 2014; adopted effective January 1, 2012.) 31 32 (h)–(i) * * * 33 34 (

j) Modification of restraining order 35 36 (1) * * * 37 38

(2) A termination or modification order must be made on Change to Restraining 39 Order After Hearing (formJV-255 JV-257). A new Restraining Order— 40 Juvenile (form JV-255) may be prepared in addition to form JV-257. 41 42 (Subd (

j) amended effective January 1, 2014; adopted effective January 1, 2012.) 43

39 1 (k) * * * 2 3 Rule 5.630 amended effective January 1, 2014; adopted as rule 1429.5 effective January 1, 2000; 4 amended and renumbered effective January 1, 2007; previously amended effective January 1, 5 2003, January 1, 2004, and January 1, 2012. 6 7 Rule 5.640. Psychotropic medications 8 9 (a)–(b) * * * 10 11 (

c) Procedure to obtain authorization 12 13 (1)–(2) * * * 14 15

(3) Local county practice and local rules of court determine the procedures for 16 completing and filing the forms and for the provision of notice, except as 17 otherwise provided in this rule. The person or persons responsible for 18 providing notice as required by local court rules or local practice protocols 19 are encouraged to use the most expeditious manner of service possible to 20 ensure timely notice. 21 22 (4)–(6) * * * 23 24

(7) Notice must be provided to the parents or legal guardians, their attorneys of 25 record, the child’s attorney of record, the child’s Child Abuse Prevention and 26 Treatment Act guardian ad litem, the child’s current caregiver, the child’s 27 Court Appointed Special Advocate, if any, and where a child has been 28 determined to be an Indian child, the Indian child’s tribe (see also 25 U.S.C. 29 § 1903(4)–(5); Welf. and Inst. Code, §§ 224.1(

a) and (

e) and 224.3). 30 31 Notice must be provided as follows: 32 33 (A)–(C) * * * 34 35 (

D) Notice to the Indian child’s tribe must include: 36 37 (

i) A statement that a physician is asking to treat the child’s 38 emotional or behavioral problems by beginning or continuing the 39 administration of psychotropic medication to the child, and the 40 name of the psychotropic medication; 41 42

40 (ii) A statement that an Application Regarding Psychotropic 1 Medication (form JV-220) and a Prescribing Physician’s 2 Statement—Attachment (form JV-220(A)) are pending before the 3 court; 4 5 (iii) A copy of Information About Psychotropic Medication Forms 6 (form JV-219-INFO) or information on how to obtain a copy of 7 the form; and 8 9 (iv) A blank copy of Opposition to Application Regarding 10 Psychotropic Medication (form JV-222) or information on how 11 to obtain a copy of the form. 12 13 (D)(E) * * * 14 15

(8) A parent or guardian, his or her attorney of record, a child’s attorney of 16 record, or a child’s Child Abuse Prevention and Treatment Act guardian ad 17 litem appointed under rule 5.662 of the California Rules of Court, or the 18 Indian child’s tribe whothat is opposed to the administration of the proposed 19 psychotropic medication must file a completed Opposition to Application 20 Regarding Psychotropic Medication (form JV-222) within two four court 21 days of receiving service of notice of the pending application for 22 psychotropic medication. 23 24

(9) The court may grant the application without a hearing or may set the matter 25 for hearing at the court’s discretion.

If the court sets the matter for a hearing, 26 the clerk of the court must provide notice of the date, time, and location of 27 the hearing to the parents or legal guardians, their attorneys of record, the 28 dependent child if 12 years of age or older, a ward of the juvenile court of 29 any age, the child’s attorney of record, the child’s current caregiver, the 30 child’s social worker, the social worker’s attorney of record, the child’s Child 31 Abuse Prevention and Treatment Act guardian ad litem, and the child’s Court 32 Appointed Special Advocate, if any, and the Indian child’s tribe at least two 33 court days before the hearing.

Notice must be provided to the child’s 34 probation officer and the district attorney, if the child is a ward of the juvenile 35 court. 36 37 (Subd (

c) amended effective January 1, 2014; previously amended effective January 1, 38 2007, January 1, 2008, and January 1, 2009.) 39 40 (d)–(h) * * * 41 42

41 Rule 5.640 amended effective January 1, 2014; adopted as rule 1432.5 effective January 1, 2001; 1 previously amended and renumbered effective January 1, 2007; previously amended effective 2 January 1, 2003, January 1, 2008, and January 1, 2009. 3 4 Rule 5.649. Right to make educational or developmental-services decisions 5 6 The court must identify the educational rights holder for the child on form JV-535 at each 7 hearing in a dependency or delinquency proceeding.

Unless his or her rights have been 8 limited by the court under this rule, the parent or guardian holds the educational and 9 developmental-services decisionmaking rights for his or her child. In addition, a 10 nonminor or nonminor dependent youth holds the rights to make educational and 11 developmental-services decisions for himself or herself unless rule 5.650(

b) applies. 12 13 (

a) Order (§§ 361, 366, 366.27, 366.3, 726, 727.2; 20 U.S.C. § 1415; 34 C.F.R. § 14 300.300) 15 16 At the dispositional hearing and each subsequent review or permanency hearing, 17 the court must determine whether the rights of a parent or guardian to make 18 educational or developmental-services decisions for the child should be limited. 19 20 If necessary to protect a child who is adjudged a dependent or ward of the court 21 under

section 300, 601, or 602, the court may limit a parent’s or guardian’s rights 22 to make educational or developmental-services decisions for the child by making 23 appropriate, specific orders on Order Designating Educational Rights Holder (form 24 JV-535). 25 26 (

b) Temporary order (§ 319) 27 28 At the initial hearing on a petition filed under

section 325 or at any time before a 29 child is adjudged a dependent or the petition is dismissed, the court may, on 30 making the findings required by

section 319(g)(1), use form JV-535 to temporarily 31 limit a parent’s or guardian’s rights to make educational or developmental-services 32 decisions for the child. An order made under

section 319(

g) expires on dismissal of 33 the petition, but in no circumstances later than the conclusion of the hearing held 34 under

section 361. 35 36 If the court does temporarily limit the parent’s or guardian’s rights to make 37 educational or developmental-services decisions, the court must, at the 38 dispositional hearing, reconsider the need to limit those rights and must identify the 39 authorized educational rights holder on form JV-535. 40 41 (

c) No delay of initial assessment 42 43

42 The child’s initial assessment to determine any need for special education or 1 developmental services need not be delayed to obtain parental or guardian consent 2 or for the appointment of an educational rights holder if one or more of the 3 following circumstances is met: 4 5

(1) The court has limited, even temporarily, the educational or developmental-6 services decisionmaking rights of the parent or guardian, and consent for an 7 initial assessment has been given by an individual appointed by the court to 8 represent the child; 9 10

(2) The local educational agency or regional center, after reasonable efforts, 11 cannot locate the parent or guardian; or 12 13

(3) Parental rights have been terminated or the guardianship has been set aside. 14 15 (

d) Judicial Determination 16 17 If the court determines that the child is in need of any assessments, evaluations, or 18 services—including special education, mental health, developmental, and other 19 related services—the court must direct an appropriate person to take the necessary 20 steps to request those assessments, evaluations, or services. 21 22 (

e) Filing of order 23 24 Following the dispositional hearing and each statutory review hearing, the party 25 that has requested a modification, limitation, or restoration of educational or 26 developmental-services decisionmaking rights must complete form JV-535 and any 27 required attachments to reflect the court’s orders and submit the completed form 28 within five court days for the court’s review and signature. If no request is made, 29 the child’s or youth’s attorney must complete and file the form.

The court may 30 direct the appropriate party to attach Attachment to Order Designating Educational 31 Rights Holder (form JV-535(A)) to document the court’s findings and orders. 32 33 Rule 5.649 adopted effective January 1, 2014. 34 35 Rule 5.650. Appointment of educational representative Appointed educational 36 rights holder 37 38 (

a) Parent’s or guardian’s educational rights limited (§§ 319, 361, 366, 366.27, 39 726; 20 U.S.C. § 1415; 34 C.F.R. §§ 300.519, 300.300) 40 41 The court may limit a parent’s or guardian’s right to make educational decisions for 42 a child who is declared a dependent or ward of the court under

section 300, 601, or 43

43 602, but the limitations may not exceed those necessary to protect the child. Before 1 disposition, the court may temporarily limit a parent’s or guardian’s right to make 2 educational decisions under

section 319(g). The court may limit a parent’s or 3 guardian’s educational rights regardless of whether the child is, or may be eligible 4 for, special education and related services. 5 6

(1) If the court temporarily limits the parent’s or guardian’s right to make 7 educational decisions under

section 319(g), the court must reconsider the 8 need, if any, to limit educational rights at the disposition hearing. 9 10

(2) The child’s initial evaluation for special education services need not be 11 postponed to await parental or guardian consent or appointment of an 12 educational representative if one or more of the following circumstances are 13 met: 14 15 (

A) The court has limited or temporarily limited the educational rights of 16 the parent or guardian, and consent for an initial assessment has been 17 given by an individual appointed by the court to represent the child; 18 19 (

B) The local education agency cannot discover the whereabouts of the 20 parent or guardian; or 21 22 (

C) The parent’s rights have been terminated or the guardianship has been 23 set aside. 24 25

(3) If the court determines that the child is in need of any assessments, 26 evaluations, or services, including special education, mental health, and other 27 related services, the court must direct an appropriate person to take the 28 necessary steps to request those assessments, evaluations, or services. 29 30 (b)(

a) Order and aAppointment of educational representative (§§ 319, 361, 366, 31 366.27, 366.3, 726, 727.2; Gov. Code, §§ 7579.5–7579.6; 20 U.S.C. § 1415; 34 32 C.F.R. § 300.519) 33 34 The court must use Findings and Orders Limiting Right to Make Educational 35 Decisions for the Child, Appointing Educational Representative, and Determining 36 Child’s Educational Needs (form JV-535) when it limits the rights of a parent or 37 guardian to make educational decisions for the child.

In its order, Whenever it 38 limits, even temporarily, the rights of a parent or guardian to make educational or 39 developmental-services decisions for a child, the court must document that use 40 form JV-535 to appoint a responsible adult as educational rights holder or to 41 document that one of the following circumstances exists: one of the following 42

44 actions in (1) or (2) has been taken, or, in the alternative, that a finding under (3) 1 has been made: 2 3

(1) The court has appointed an educational representative for the child; 4 5

(2) The court has ordered a permanent plan for the child, and the court finds that 6 the foster parent, relative caregiver, or nonrelative extended family member 7 The child is a dependent child or ward of the court and has a court-ordered 8 permanent plan of placement in a planned permanent living arrangement. The 9 caregiver may, without a court order, exercise educational decisionmaking 10 rights as provided in under Education Code

section 56055 and 11 developmental-services decisionmaking rights rule 5.502(13) under

section 12 361 or 726, and is not prohibited from exercising educational those rights by 13

section 361, or 726, or 4701.6(b), or by 34 Code of Federal Regulations 14

section 300.519 or 303.19422; or 15 16 (3)

(2) The court cannot identify a responsible adult to serve as the child’s 17 educational representative; rights holder under

section 319, 361, or 726 or 18 under Education Code

section 56055; and 19 20 (

A) The child is a dependent child or ward of the court and is or may be 21 eligible for special education and related services or already has a valid 22 individualized education program, and the court: is referring 23 24 (

i) Refers the child to the responsible local educational agency for 25 the appointment of a surrogate parent under

section 361 or 726, 26 Government Code

section 7579.5, and title 20 United States 27 Code

section 1415, and rules 5.502 and 5.650; and 28 29 (ii) Will, with the input of any interested person, make 30 developmental-services decisions for the child; or 31 32 (

B) The appointment of a surrogate parent is not warranted, child is not 33 eligible for special education and related services, there is no foster 34 parent to exercise the authority granted by

section 56055 of the 35 Education Code, and the court will, with the input of any interested 36 person, make educational and developmental-services decisions for the 37 child. 38 39 (

C) If the court must temporarily make educational or developmental-40 services decisions for a child before disposition, it must order that 41 every effort be made to identify a responsible adult to make future 42 educational or developmental-services decisions for the child. 43

45 1 (Subd (

a) amended and relettered effective January 1, 2014; adopted as subd (

b) effective 2 January 1, 2004; previously amended effective January 1, 2007, and January 1, 2008.) 3 4 (

b) Nonminor and nonminor dependent youth (§§ 361, 726, 366.3) 5 6 The court may, using form JV-535, appoint or continue the appointment of an 7 educational rights holder to make educational or developmental-services decisions 8 for a nonminor or nonminor dependent youth if: 9 10

(1) The youth has chosen not to make educational or developmental-services 11 decisions for himself or herself or is deemed by the court to be incompetent; 12 and 13 14

(2) With respect to developmental-services decisions, the court also finds that the 15 appointment or continuance of a rights holder would be in the best interests 16 of the youth. 17 18 (Subd (

b) adopted effective January 1, 2014.) 19 20 (

c) Limits on appointment (§§ 319, 361, 726; Ed. Code, § 56055; Gov. Code, 21 § 7579.5(i)–(j); 34 C.F.R. §§ 300.519, 303.19422) 22 23

(1) The court must determine whether should consider appointing a responsible 24 adult relative, nonrelative extended family member, foster parent, family 25 friend, mentor, or CASA volunteer or other adult known to the child is 26 available and willing to serve as the educational representative rights holder 27 and, if one of those adults is available and willing to serve, should consider 28 appointing that person before appointing or temporarily appointing a 29 responsible adult not known to the child. 30 31

(2) The court may not appoint any individual as the educational representative 32 rights holder if that person is excluded under, or would have a conflict of 33 interest as defined by,

section 361(

a) or 726(bc);, Education Code

section 34 56055;, Government Code

section 7579.5(i)-–(j);, title 20 United States Code 35

section 1415(b)(2);, or 34 Code of Federal Regulations

section 300.519 or 36 303.19422. 37 38 (Subd (

c) amended effective January 1, 2014; adopted effective January 1, 2004; 39 previously amended effective January 1, 2007, and January 1, 2008.) 40 41

46 (

d) Referral to local educational agency to for appointment a of surrogate parent 1 for a child who is or may be eligible for special education and related services 2 (§§ 361, 726; Gov. Code, § 7579.5; 20 U.S.C. § 1415) 3 4

(1) If the court has limited a parent’s or guardian’s right to make educational 5 decisions for a child but and cannot identify an a responsible adult to act as 6 the educational representative rights holder, for the child and the child is or 7 may be eligible for special education and related services or already has an 8 individualized education program, the court must use form JV-535 to refer 9 the child to the responsible local educational agency for prompt appointment 10 of a surrogate parent under Government Code

section 7579.5. 11 12

(2) If the court refers a child to the local educational agency for appointment of a 13 surrogate parent, the court must order that Local Educational Agency 14 Response to JV-535—Appointment of Surrogate Parent (form JV-536) be 15 attached to form JV-535 and served by first-class mail on the local 16 educational agency along with form JV-535, no later than seven calendar five 17 court days after from the date of the order is signed. 18 19

(3) The court must direct the local educational agency that when the local 20 education agency receives form JV-535, requesting prompt appointment of a 21 surrogate parent, the local education agency must make reasonable efforts to 22 assign identify and appoint a surrogate parent within 30 calendar days after of 23 service of the court’s referral. 24 25 (

A) Whenever the local educational agency appoints a surrogate parent for 26 a dependent or ward under Government Code

section 7579.5(a)(1), it 27 must notify the court on form JV-536 within seven calendar five court 28 days of the appointment and, at the same time, must send copies of the 29 notice to the child’s attorney and to the social worker or probation 30 officer identified on the form. 31 32 (

B) If the local educational agency does not appoint a surrogate parent 33 within 30 days of receipt of the forma judicial request, within the next 34 seven calendar days it must notify the court within the next five court 35 days on form JV-536 of the following: 36 37 (

i) Its inability to identify and appoint a surrogate parent; and 38 39 (ii) Its continuing reasonable efforts to assign identify and appoint a 40 surrogate parent. 41 42

(4) Whenever the a surrogate parent resigns or the local educational agency 1 terminates the appointment of a surrogate parent, for a dependent or ward 2 under Government Code

section 7579.5(

h) or replaces the a surrogate parent 3 for any other reason, or appoints another surrogate parent, it must notify the 4 court, and the child’s attorney, and the social worker or probation officer on 5 form JV-536 within seven calendar five court days of the resignation, 6 termination, or replacement, or appointment.

The child’s attorney, the social 7 worker, or the probation officer may request a hearing for appointment of a 8 new educational representative rights holder by filing Request for Hearing 9 Regarding Child’s Education Access to Services (form JV-539) and must 10 provide notice of the hearing as provided in (g)(2). The court may, on its own 11 motion, may direct the clerk to set a hearing. 12 13 (Subd (

d) amended effective January 1, 2014; adopted as subd (b); previously amended 14 and relettered effective January 1, 2004; previously amended effective January 1, 2007, 15 and January 1, 2008.) 16 17 (

e) Transfer of parent’s or guardian’s educational or developmental-services 18 decisionmaking rights to educational representative rights holder 19 20 When the court appoints an educational representative is appointed rights holder 21 after limiting a parent’s or guardian’s educational or developmental-services 22 decisionmaking rights, the educational those parental decisionmaking rights of the 23 parent or guardian—including the right to notice of educational or developmental -24 services meetings and activities, to participation in educational or developmental -25 services meetings and activities, and to decisionmaking authority regarding the 26 child’s education or developmental services, including the authority under sections 27 4512 and 4701.6, Education Code

section 56028, title 20 United States Code 28 sections 1232g and 1401(23), and 34 Code of Federal Regulations

section 300.30, 29 and Education Code

section 56028—are transferred to the educational 30 representative rights holder unless the court specifies otherwise in its order. 31 32

(1) When returning a child to a parent or guardian, the court must consider the 33 child’s educational and developmental-services needs. The parent’s or 34 guardian’s educational and developmental-services decisionmaking rights are 35 reinstated when the court returns custody to the parent or guardian unless the 36 court finds specifically that the parent is not able to act in the child’s best 37 interest regarding educationcontinued limitation of parental decisionmaking 38 rights is necessary to protect the child. 39 40

(2) If the court appoints a guardian for the child under rule 5.735 or 5.815, all of 41 the parent’s or previous guardian’s educational and developmental-services 42 decisionmaking rights transfer to the newly appointed guardian unless the 43

48 court determines that the guardian is not able to act in the child’s best interest 1 regarding education limitation of the new guardian’s decisionmaking rights is 2 necessary to protect the child. 3 4 (Subd (

e) amended effective January 1, 2014; adopted effective January 1, 2004; 5 previously amended effective January 1, 2007, and January 1, 2008.) 6 7 (

f) Authority and responsibilities of educational representative (§§ 317, 319, 360, 8 361, 635, 706.5, 726, 4514, 4646–4648, 4700–4731, 5328; Ed. Code, §§ 56055, 9 56340, 56345; Gov. Code, §§ 7579.5, 95014–95020; 34 C.F.R. § 300.519) 10 11

(1) The educational rights holder acts as and holds the rights of the parent or 12 guardian with respect to all decisions regarding the child’s education and 13 developmental services, and is entitled: 14 15 (

A) To access records and to authorize the disclosure of information to the 16 same extent as a parent or guardian under the Family Educational 17 Rights and Privacy Act (FERPA), 20 United States Code

section 18 1232g; 19 20 (

B) To be given notice of and participate in all meetings or proceedings 21 relating to school discipline; 22 23 (

C) To advocate for the interests of a child or youth with exceptional needs 24 in matters relating to: 25 26 (

i) The identification and assessment of those needs; 27 28 (ii) Instructional or service planning and program development— 29 including the development of an individualized family service 30 plan, an individualized educational program, an individual 31 program plan, or the provision of other services and supports, as 32 applicable; 33 34 (iii) Placement in the least restrictive program appropriate to the 35 child’s or youth’s educational or developmental needs; 36 37 (iv) The review or revision of the individualized family service plan, 38 the individualized education program, or the individual program 39 plan; and 40 41 (

v) The provision of a free, appropriate public education. 42 43

49 (

D) To attend and participate in the child’s or youth’s individualized family 1 service plan, individualized education program, individual program 2 plan, and other educational or service planning meetings; to consult 3 with persons involved in the provision of the child’s or youth’s 4 education or developmental services; and to sign any written consent to 5 educational or developmental services and plans; and 6 7 (

E) Notwithstanding any other provision of law, to consent to the child’s or 8 youth’s individualized family service plan, individualized education 9 program, or individual program plan, including any related 10 nonemergency medical services, mental health treatment services, and 11 occupational or physical therapy services provided under sections 12 7570–7587 of the Government Code. 13 14 (1)

(2) The educational representative rights holder is responsible for investigating 15 the child’s or youth’s educational and developmental-services needs, 16 determining whether those needs are being met, and representing acting on 17 behalf of the child or youth in the identification, evaluation, and educational 18 placement of the child and with the provision of the child’s free, appropriate 19 public education. This includes representing the child in all matters relating 20 to the child’sprovision of educational or developmental services, as 21 applicable, including to ensure: 22 23 (

A) The stability of the child’s or youth’s school placement. At any hearing 24 following a change of educational placement, the educational rights 25 holder must submit a statement to the court indicating whether the 26 proposed change of placement is in the child’s or youth’s best interest 27 and whether any efforts have been made to keep the pupil in the school 28 of origin; 29 30 (

B) Placement in the least restrictive educational program appropriate to the 31 child’s or youth’s individual needs; 32 33 (

C) The child’s or youth’s access to academic resources, services, and 34 extracurricular and enrichment activities; 35 36 (

D) The child’s or youth’s access to any educational and developmental 37 services and supports necessary needed to meet state standards for 38 academic achievement and functional performance or, with respect to 39 developmental services, to promote community integration, an 40 independent, productive, and normal life, and a stable and healthy 41 environment; 42 43

50 (

E) School The prompt and appropriate resolution of school disciplinary 1 matters; and 2 3 (

F) Other aspects of The provision of any other elements of a free, 4 appropriate public education.; and 5 6 (

G) The provision of any appropriate early intervention or developmental 7 services required by law, including the California Early Intervention 8 Services Act or the Lanterman Developmental Disabilities Services 9 Act. 10 11 (2)

(3) The educational representative rights holder is also responsible for: has the 12 following additional responsibilities: 13 14 (

A) Meeting with the child or youth at least once and as often as necessary 15 to make educational or developmental-services decisions that are in the 16 best interest of the child or youth; 17 18 (

B) Being culturally sensitive to the child or youth; 19 20 (

C) Complying with all federal and state confidentiality laws, including, but 21 not limited to, sections 362.5, 827, 4514, and 5328, as well as and 22 Government Code

section 7579.1(f)7579.5(f); 23 24 (

D) Participating in, and making decisions regarding, all matters affecting 25 the child’s or youth’s educational or developmental-services needs— 26 including, as applicable, the individualized family service planning 27 process, the individualized education program planning process, the 28 individual program planning process, the fair hearing process 29 (including mediation and any other informal dispute resolution 30 meetings), and as otherwise specified in the court order— in a manner 31 consistent with the child’s or youth’s best interest; and 32 33 (

E) Having Maintaining knowledge and skills that ensure adequate 34 representation of the child’s or youth’s needs and interests with respect 35 to education and developmental services. 36 37

(3) The educational representative acts as the parent or guardian in all 38 educational matters regarding the child and has a right to the following: 39 40 (

A) To the rights afforded the parent or guardian under the Family 41 Education Rights and Privacy Act, title 20 United States Code

section 42 1232g; 43

51 1 (

B) To the right of a parent relating to school discipline issues, meetings, 2 and proceedings; 3 4 (

C) To represent a child with exceptional needs in matters relating to 5 identification and assessment of those needs, instructional planning and 6 development, educational placement, reviewing and revising the 7 individualized education program, and other aspects of the provision of 8 a free, appropriate public education; 9 10 (

D) To attend the child’s individualized education program and other 11 educational meetings, to consult with persons involved in the child’s 12 education, and to sign any consents to education-related services and 13 plans; and 14 15 (

E) Notwithstanding any other provision of law, to consent to the child’s 16 individualized education program, nonemergency medical services, 17 mental health treatment services, and occupational or physical therapy 18 services provided under

chapter 26.5 of title 1 of the Government Code. 19 20

(4) Before each statutory review hearing, the educational rights holder must do 21 one or more of the following: 22 23 (

A) Provide information and recommendations concerning the child’s or 24 youth’s educational or developmental-services needs to the assigned 25 social worker or probation officer; 26 27 (

B) Make written recommendations to the court concerning the child’s or 28 youth’s educational or developmental-services needs; 29 30 (

C) Attend the review hearing and participate in any part of the hearing that 31 concerns the child’s or youth’s education or developmental services. 32 33

(5) The educational rights holder may provide the contact information for the 34 child’s or youth’s attorney to the local educational agency. 35 36 (Subd (

f) amended effective January 1, 2014; adopted effective January 1, 2008.) 37 38 (

g) Educational representative’s Term of service; resignation (§§ 319, 361, 726; 39 Gov. Code § 7579.5) 40 41

(1) The An appointed educational representative rights holder must make 42 educational or developmental-services decisions for the child or youth until: 43

52 1 (

A) The dismissal of the petition or the conclusion of the dispositional 2 hearing, if the rights holder is appointed under

section 319(g); 3 4 (

B) The court restores The rights of the parent or guardian to make 5 educational or developmental-services decisions for the child are fully 6 restored; 7 8 (B)(

C) The child dependent or ward reaches 18 years of age, unless the 9 child he or she chooses not to make his or her own educational or 10 developmental-services decisions or is deemed incompetent by the 11 court, in which case the court may, if it also finds that continuation 12 would be in the best interests of the youth, continue the appointment 13 until the youth reaches 21 years of age or the court’s jurisdiction is 14 terminated; 15 16 (C)(

D) The court appoints another responsible adult as educational 17 representative rights holder for the child or youth under this rule; 18 19 (D)(E) * * * 20 21 (E)(

F) The court finds that the designates an identified foster parent, 22 relative caregiver, or nonrelative extended family member may to make 23 educational or developmental-services decisions for the child under 24 Education Code

section 56055(

a) because: 25 26 (

i) The Reunification services have been terminated and the child is 27 placed in a planned permanent living arrangement with the 28 identified caregiver under

section 366.21(g)(35), 366.22, 366.26, 29 366.3(i), 727.3(b)(5), or 727.3(b)(6); and 30 31 (ii) The court has limited the parent’s or guardian’s educational 32 rights; and 33 34 (iii) The foster parent, relative caregiver, or nonrelative extended 35 family member is not otherwise excluded from making education 36 or developmental-services decisions by the court, by

section 361 37 or 726, or by 34 Code of Federal Regulations

section 300.519 or 38 303.19422. 39 40

(2) If the an appointed educational representative rights holder resigns from the 41 his or her appointment, he or she must provide give notice to the court and to 42 the child’s attorney and may use Educational Representative or Surrogate 43

53 Parent Information Rights Holder Statement (form JV-537) to provide this 1 notice. Once notice is received, the child’s or youth’s attorney, or the social 2 worker or probation officer may request a hearing for appointment of a new 3 educational representative rights holder by filing form JV-539. 4 5 The attorney for the party requesting the hearing and must provide notice of 6 the hearing to the following: 7 8 (

A) The parents or guardians, unless otherwise indicated on the most recent 9 form JV-535, parental rights have been terminated, or the child has 10 reached 18 years of age; 11 12 (

B) Each attorney of record; 13 14 (

C) The social worker; the or probation officer; 15 16 (

D) The Court Appointed Special Advocate (CASA) volunteer; and 17 18 (

E) All other persons required to be given or entities entitled to notice 19 under

section 293. 20 21 The hearing must be set within 14 days of receipt of the request for hearing. 22 The court may, on its own motion, may direct the clerk to set a hearing. 23 24 (Subd (

g) amended effective January 1, 2014; adopted effective January 1, 2008.) 25 26 (

h) Service of order 27 28 Whenever the order identifies or appoints a new or different educational rights 29 holder or includes any other changes, the clerk will provide a copy of the 30 completed and signed form JV-535, form JV-535(

A) if attached, and any received 31 form JV-536 or JV-537 to: 32 33

(1) The child, if 10 years of age or older, or youth; 34 35

(2) The child’s attorney, for the child or youth; 36 37

(3) The social worker and the or probation officer,; 38 39

(4) The Indian child’s tribe, if applicable, as defined in rule 5.502; 40 41

(5) The local foster youth educational liaison, as defined in Education Code 42

section 48853.5,; and 43

54 1

(6) The county office of education foster youth services coordinator; 2 3

(7) The regional center service coordinator, if applicable; and 4 5

(8) The educational representative rights holder. 6 7 at the end of the proceeding or The completed and signed form must be provided 8 no later than seven calendar five court days after from the date of the order is 9 signed.

The clerk must also ensure that any immediately preceding educational 10 rights holder, surrogate parent, or authorized representative, if any, is notified that 11 the previous court order has been vacated and their appointment terminated. 12 13 The clerk will make copies of the form available to the parents or guardians, unless 14 otherwise indicated on the form, parental rights have been terminated, or the child 15 has reached 18 years of age and reunification services have been terminated; to the 16 CASA volunteer; and, if requested, to all other persons provided or entities entitled 17 to notice under

section 293. Whoever is directed by the court on form JV-535 must 18 provide a copy of the form to the local education agency. 19 20 (Subd (

h) amended effective January 1, 2014; adopted effective January 1, 2008.) 21 22 (

i) Education and training of educational representative rights holder 23 24 If the educational representative rights holder, including a biological or adoptive 25 parent, asks for assistance in obtaining education and training in the laws 26 incorporated in rule 5.651(a), the court must direct the clerk, social worker, or 27 probation officer to inform the educational representative rights holder of all 28 available resources, including resources available through the California 29 Department of Education, the California Department of Developmental Services, 30 and the local educational agency, and the local regional center. 31 32 (Subd (

i) amended effective January 1, 2014; adopted effective January 1, 2008.) 33 34 (

j) Notice of and participation in juvenile court hearings 35 36

(1) The educational representative rights holder must receive notice of all 37 regularly scheduled juvenile court hearings regarding or affecting the child’s 38 and other judicial hearings that might affect the child’s or youth’s education 39 and developmental services, including joint assessment hearings under rule 40 5.512 and joinder proceedings under rule 5.575. This includes the notice and 41 participation provided in rule 5.530 for all regularly scheduled juvenile 42

55 hearings, rule 5.512 for joint assessment hearings, and rule 5.575 for joinder 1 proceedings. 2 3

(2) The educational representative rights holder may use form JV-537 to explain 4 the child’s any educational or developmental-services needs to the court. The 5 court may allow must permit the educational representative rights holder to 6 be present for the purposes of participating in the portions of the juvenile 7 court hearing that concern the child’s education, including school placement, 8 and of responding to questions or issues raised by the form.

The court may 9 allow the educational representative to participate in any mediation as 10 provided in rule 5.518attend and participate in those portions of a court 11 hearing, nonjudicial hearing, or mediation that concern education or 12 developmental services. 13 14 (Subd (

j) amended effective January 1, 2014; adopted effective January 1, 2008.) 15 16 Rule 5.650 amended effective January 1, 2014; adopted as rule 1499 effective July 1, 2002; 17 previously amended and renumbered effective January 1, 2007; previously amended effective 18 January 1, 2004, and January 1, 2008. 19 20 Advisory Committee Comment 21 22 Under the Individuals With Disabilities Education Act (IDEA), the court may appoint a surrogate 23 parent for a child to represent the child to speak and act on behalf of a pupil in all matters relating 24 to the identification, evaluation, and educational placement of the child and to the provision of the 25 child’s free, appropriate public education. (20 U.S.C. § 1415(b)(2); 34 C.F.R. § 300.519.) Under 26 Welfare and Institutions Code sections 361 and 726, the court may must appoint a responsible 27 adult as an educational representative or rights holder to represent make decisions regarding the 28 child’s educational or developmental-services needs when the parent’s educational rights to make 29 those decisions have been limited.

When the court appoints an A court-appointed educational 30 representative, that person rights holder is responsible for representing all protecting the child’s 31 rights and interests with respect to educational or developmental services needs, including any 32 special education and related services needs.

When making this appointment, the court and all 33 court participants are encouraged to look to all persons in the child’s life, including relatives, 34 nonrelated extended family members, and those persons with whom the child has an important 35 relationship, to represent the child’s educational needs. 36 37 If the court limits the parent’s decisionmaking rights and cannot find anyone identify a 38 responsible adult to appoint as the child’s educational representative rights holder, and special 39 education needs are not indicated the appointment of a surrogate parent is not warranted, sections 40 361 and 726 state that authorize the court can to make educational or developmental-services 41 decisions for the child with the input of interested persons.

However, If, however, the court 42 cannot find someone identify a responsible adult to appoint as educational representativerights 43

56 holder and there is reason to believe that the child needs special education is indicated and related 1 services, the court must refer the matter child to the local educational agency (LEA) for the 2 appointment of a surrogate parent. Sections 361 and 726 do not permit authorize the court to 3 make educational decisions for a child in these cases circumstances.

The surrogate parent 4 assigned appointed by the LEA acts as a parent for the purpose of making educational decisions 5 with respect to special education and related services and the provision of a free, appropriate 6 public education on behalf of the child. (Gov. Code, § 7579.5(c); Ed. Code, § 56028; 34 C.F.R. 7 § 300.30(b)(2); see 20 U.S.C. §§ 1401(9), 1414(d).) If, however, the LEA does not appoint a 8 surrogate parent in a timely manner, the court has the authority to join the LEA in the dependency 9 proceedings under

section 362 and rule 5.575. In the period between the setting of the joinder 10 hearing and the appointment of a surrogate parent by the LEA, the court may make educational 11 decisions for the child under the general authority granted by

section 362(a). The appointment of 12 a surrogate parent notwithstanding, the court holds the authority under sections 361 and 726 to 13 make developmental-services decisions if it cannot identify a responsible adult to do so. 14 15 16 Rule 5.651. Educational and developmental-services decisionmaking rights of 17 children before the juvenile court 18 19 (

a) Applicability (§§ 213.5, 319(g), 358, 358.1, 361(a), 362(a), 364, 366.21, 366.22, 20 366.23, 366.26, 366.27(b), 366.28, 366.3(e), 726, 727.2(e), 4500 et seq., 11404.1; 21 Ed. Code, §§ 48645 et seq., 48850 et seq., 49069.5, 56028, 56055, and 56155 et 22 seq.; Gov. Code, § 7579.1§§ 7573–7579.6; 20 U.S.C. § 1400 et seq.; 29 U.S.C. § 23 794; 42 U.S.C. § 12101 et seq.) 24 25 This rule incorporates all rights with respect to education or developmental services 26 recognized or established by state or federal law and applies: has the following 27 applicability and incorporates the rights established by the following laws: 28 29

(1) The rule applies To all any child, or any nonminor or nonminor dependent 30 youth, ren for whom a petitions have has been filed under

section 300, 601, 31 or 602 until the petition is dismissed or the court has terminated dependency, 32 delinquency, or transition jurisdiction over that person; and 33 34

(2) The rule applies To every judicial hearing before the court affecting or 35 related to, or that might affect, the child’s or youth’s education or receipt of 36 developmental services., including the detention, jurisdiction, disposition, 37 and all regularly scheduled review hearings; and 38 39

(3) The rule incorporates the rights established by the following laws: the 40 Individuals With Disabilities Education Act (20 U.S.C. § 1400 et seq.), the 41 Americans With Disabilities Act (42 U.S.C. § 12101 et seq.),

section 504 of 42 the Rehabilitation Act of 1973 (29 U.S.C. § 701 et seq.), and the education 43

57 rights of foster children as provided in Assembly Bill 490 (Stats. 2003, ch. 1 862) and Assembly Bill 1858 (Stats. 2004, ch. 914). 2 3 (Subd (

a) amended effective January 1, 2014.) 4 5 (

b) Conduct of hearings related to, or that may affect, a child’s education 6 7

(1) To the extent the information is available, at the initial or detention hearing 8 the court must consider: 9 10 (

A) Who holds educational and developmental-services decisionmaking 11 rights, and identify the rights holder or holders; 12 13 (

B) Whether If the child or youth is was enrolled in, and is attending, the 14 child’s or youth’s school of origin, as that term is as defined in 15 Education Code

section 48853.5(e)(f); 16 17 (

C) If the child or youth is at risk of removal from or is no longer attending 18 the school of origin, whether;: 19 20 (

i) In accordance with the child’s or youth’s best interest, the 21 educational liaison, as defined described in Education Code 22

section 48853.5(b), (d), and (e), in consultation with, and with the 23 agreement of, the child or youth and the parent, or guardian, or 24 other person holding educational representative decisionmaking 25 rights, recommends the waiver of that the child’s or youth’s right 26 to attend the school of origin be waived; 27 28 (ii) Prior to Before making any recommendation to move a foster 29 child or youth from his or her school of origin, the educational 30 liaison provided the child or youth and the person holding the 31 right to make educational decisions for the child or youth with a 32 written explanation stating of the basis for the recommendation 33 and how this recommendation serves the foster child’s or youth’s 34 best interest as provided in Education Code

section 35 48853.5(d)(3)48853.5(e)(7); 36 37 (ii