AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on September 14–15, 2017, effective on January 1, 2018, and January 1, 2019 Rule 3.1800. Default judgments ................................................................................ 2 1 Rule 5.372. Transfer of title IV-D cases between to a tribal court and state court .... 2 2 Rule 5.451. Contact after adoption agreement ........................................................... 5 3 Rule 5.552. Confidentiality of records (§§ 827, 828) ................................................ 6 4 Rule 5.640.

Psychotropic medications ..................................................................... 10 5 Rule 5.655. Program requirements for Court Appointed Special Advocate programs6 ................................................................................................................................... 15 7 Rule 5.710. Six-month review hearing .................................................................... 27 8 Rule 5.715. Twelve-month permanency hearing ..................................................... 27 9 Rule 5.810.

Reviews, hearings, and permanency planning ..................................... 28 10 Rule 8.866. Preparation of reporter’s transcript ....................................................... 31 11 Rule 8.882. Briefs by parties and amici curiae ........................................................ 31 12 Rule 8.919 Preparation of reporter’s transcript ......................................................... 32 13 14

Rule 3.1800. Default judgments 1 2 (

a) Documents to be submitted3 4 A party seeking a default judgment on declarations must use mandatory Request for 5 Entry of Default (Application to Enter Default) (form CIV-100), unless the action is 6 subject to the Fair Debt Buying Practices Act, Civil Code

section 1788.50 et seq., 7 in which case the party must use mandatory Request for Entry of Default (Fair 8 Debt Buying Practices Act) (form CIV-105). In an unlawful detainer case, a party 9 may, in addition, use optional Declaration for Default Judgment by Court (form 10 UD-116) when seeking a court judgment based on declarations. The following 11 must be included in the documents filed with the clerk: 12 13 (1)–(9) * * * 14 15 (Subd (

a) amended effective January 1, 2018; previously amended effective January 1, 16 2005, January 1, 2007, and July 1, 2007.) 17 18 (b) * * *19 20 Rule 3.1800 amended effective January 1, 2018; adopted as rule 388 effective July 1, 2000; 21 previously amended effective January 1, 2005, and July 1, 2007; previously amended and 22 renumbered effective January 1, 2007. 23 24 25 Rule 5.372. Transfer of title IV-D cases between to a tribal court and state court 26 27 (

a) Purpose28 29 This rule is intended to define the procedure for transfer of title IV-D child support 30 cases from between a California superior court to and a tribal court. 31 32 (Subd (

a) amended effective January 1, 2018.) 33 34 (b)–(d) * * * 35 36 (

e) Determination of concurrent jurisdiction by a superior court 37 38

(1) The superior court may, on its own motion or on the motion of any party and 39 after notice to the parties of their right to object, transfer a child support and 40 custody provision of an action in which the state is providing services under 41 California Family Code

section 17400 to a tribal court, as defined in (a). This 42 provision applies to both prejudgment and postjudgment cases.43

(2) The motion for transfer to a tribal court must include the following 2 information: 3 4 (

A) Whether the child is a tribal member or eligible for tribal membership; 5 6 (

B) Whether one or both of the child’s parents are tribal members or 7 eligible for tribal membership; 8 9 (

C) Whether one or both of the child’s parents live on tribal lands or in 10 tribal housing, work for the tribe, or receive tribal benefits or services; 11 12 (

D) Whether there are other children of the obligor subject to child support 13 obligations; 14 15 (

E) Any other factor supporting the child’s or parents’ connection to the 16 tribe. 17 18

(3) When ruling on a motion to transfer, the superior court must first make a 19 threshold determination that concurrent jurisdiction exists. Evidence to 20 support this determination may include: 21 22 (

A) Evidence contained within the motion for transfer; 23 24 (

B) Evidence agreed to by stipulation of the parties; and 25 26 (

C) Other evidence submitted by the parties or by the tribe. 27 28 The court may request that the tribal child support agency or the tribal court 29 submit information concerning the tribe’s jurisdiction. 30 31

(4) There is a presumption of concurrent jurisdiction if the child is a tribal 32 member or eligible for tribal membership. If concurrent jurisdiction is found 33 to exist, the transfer to tribal court will occur unless a party has objected in a 34 timely manner within 20 days after service of notice of the right to object 35 referenced in subdivision (e)(1) above. On the filing of a timely objection to 36 the transfer, the superior court must conduct a hearing on the record 37 considering all the relevant factors set forth in (f). The objecting party has the 38 burden of proof to establish good cause not to transfer to tribal court. 39 40 (Subd (

e) amended effective January 1, 2018.) 41 42

(

f) Evidentiary considerations 1 2

(1) In making a determination on the application motion for case transfer, the 3 superior court must consider: 4 5

(1) The nature of the action; 6 7

(2) The interests of the parties; 8 9 (3)(

A) The identities of the parties; 10 11 (4)(

B) The convenience of the parties and witnesses; 12 13

(5) Whether state or tribal law will apply; 14 15 (6)(

C) The remedy available in the superior court or tribal court; and 16 17 (7)(

D) Any other factors deemed necessary by the superior court. 18 19

(2) In making a determination on the motion for case transfer, the superior court 20 may not consider the perceived adequacy of tribal justice systems. 21 22

(3) The superior court may, after notice to all parties, attempt to resolve any 23 procedural issues by contacting the tribal court concerning a motion to 24 transfer. The superior court must allow the parties to participate in, and must 25 prepare a record of, any communication made with the tribal court judge. 26 27 (Subd (

f) amended effective January 1, 2018.) 28 29 (

g) Order on request to transfer 30 31 If the superior court denies the request for transfer, the court must state on the 32 record the basis for denying the request. If the superior court grants the request for 33 transfer, it must issue a final order on the request to transfer including a 34 determination of whether concurrent jurisdiction exists. 35 36 (Subd (

g) amended effective January 1, 2018.) 37 38 (

h) Proceedings after order granting transfer 39 40 Once the superior court has granted the application to transfer, and has received 41 confirmation that the tribal court has accepted jurisdiction, the superior court clerk 42 must deliver a copy of the entire file, including all pleadings and orders, to the clerk 43

of the tribal court within 20 days of confirmation that the tribal court has accepted 1 jurisdiction. With the exception of a filing by a tribal court as described by 2 subdivision (

i) of this rule, the superior court may not accept any further filings in 3 the state court action in relation to the issues of child support and custody that were 4 transferred to the tribal court. 5 6 (Subd (

h) amended effective January 1, 2018.) 7 8 (

i) Transfer of proceedings from tribal court 9 10

(1) If a tribal court determines that it is not in the best interest of the child or the 11 parties for the tribal court to retain jurisdiction of a child support case, the 12 tribe may, upon noticed motion to all parties and the state child support 13 agency, file a motion with the superior court to transfer the case to the 14 jurisdiction of the superior court along with copies of the tribal court’s order 15 transferring jurisdiction and the entire file. 16 17

(2) The superior court must notify the tribal court upon receipt of the materials 18 and the date scheduled for the hearing of the motion to transfer. 19 20

(3) If the superior court has concurrent jurisdiction, it must not reject the case. 21 22

(4) No filing fee may be charged for the transfer of a title IV-D child support 23 case from a tribal court. 24 25 (Subd (

i) adopted effective January 1, 2018.) 26 27 Rule 5.372 amended effective January 1, 2018; adopted effective January 1, 2014. 28 29 Advisory Committee Comment 30 This rule applies only to title IV-D child support cases. In the normal course, transfers from tribal court are 31 initiated by the local child support agencies. Under Government Code sections 6103.9 and 70672, local 32 child support agencies are exempt from payment of filing fees. The rule makes it clear that this exemption 33 also applies when an eligible case is being transferred from a tribal court. 34 35 Rule 5.451. Contact after adoption agreement 36 37 (a) * * * 38 39 (

b) Contact after adoption agreement 40 41 An adoptive parent or parents,; a birth relative or relatives, including a birth parent 42 or parents or any siblings of a child who is the subject of an adoption petition,; or 43

an Indian tribe that the child is a member of and the child may enter into a written 1 agreement permitting postadoption contact between the child and birth relatives, 2 including the birth parent or parents or any siblings, or an Indian tribe. No 3 prospective adoptive parent or birth relative may be required by court order to enter 4 into a contact-after-adoption agreement. 5 6 (Subd (

b) amended effective January 1, 2018; previously amended effective July 1, 2001, 7 January 1, 2003, July 1, 2003, and January 1, 2013.) 8 9 (c)–(k) * * * 10 11 Rule 5.451 amended effective January 1, 2018; adopted as rule 1180 effective July 1, 1998; 12 previously amended and renumbered as rule 5.400 effective January 1, 2003; previously 13 amended effective July 1, 2001, July 1, 2003; and January 1, 2007; previously renumbered 14 effective January 1, 2013. 15 16 Rule 5.552. Confidentiality of records (§§ 827, 828) 17 18 (a) * * * 19 20 (

b) General provisions 21 22

(1) The following individuals and entities may inspect, receive, and copy the 23 juvenile case file without an order of the juvenile court: 24 25 (

A) Court personnel; 26 27 (

B) The district attorney, a city attorney, or a city prosecutor authorized to 28 prosecute criminal or juvenile cases under the law; 29 30 (

C) The child who is the subject of the proceeding; 31 32 (

D) The child’s parents; 33 34 (

E) The child’s guardians; 35 36 (

F) The attorneys for the parties, including any trial court or appellate 37 attorney representing a party in the juvenile proceeding or related 38 appellate proceeding; 39 40 (

G) Judges, referees, other hearing officers, probation officers, and law 41 enforcement officers who are actively participating in criminal or 42 juvenile proceedings involving the child; 43

1 (

H) The county counsel, city attorney, or any other attorney representing 2 the petitioning agency in a dependency action; 3 4 (

I) Members of child protective agencies as defined in Penal Code

section 5 11165.9; and 6 7 (

J) The California Department of Social Services in order to carry out its 8 duty to oversee and monitor county child welfare agencies, children in 9 foster care or receiving foster-care assistance, and out - of-state 10 placements. 11 12

(2) The following individuals and entities may inspect the juvenile case file 13 without a court order and may receive a copy of the juvenile case file 14 pursuant to a court order: 15 16 (

A) All persons and entities listed in Welfare and Institutions Code sections 17 827 and 828 who are not listed in (b)(1) above; and 18 19 (

B) An Indian child’s tribal representative if the tribe has intervened in the 20 child’s case. 21 22

(3) Authorization for any other person or entity to inspect, obtain, or copy 23 juvenile case files may be ordered only by the juvenile court presiding judge 24 or a judicial officer of the juvenile court. 25 26

(4) Juvenile case files may not be obtained or inspected by civil or criminal 27 subpoena. 28 29

(5) When a petition is sustained for any offense listed in

section 676, the 30 charging petition, the minutes of the proceeding, and the orders of 31 adjudication and disposition that are contained in the juvenile case file must 32 be available for public inspection, unless the court has prohibited disclosure 33 of those records under that section. 34 35 36 (c)(

b) Petition 37 38 Juvenile case files may only be obtained or inspected in accordance with sections 39 827 and 828. They may not be obtained or inspected by civil or criminal subpoena. 40 With the exception of those persons permitted to inspect juvenile court records case 41 files without court authorization under sections 827 and 828, every person or 42 agency seeking to inspect or obtain juvenile court records case files must petition 43

the court for authorization using Petition Request for Disclosure of Juvenile Case 1 File (form JV-570). 2 3

(1) The specific records files sought must be identified based on knowledge, 4 information, and belief that such records files exist and are relevant to the 5 purpose for which they are being sought. 6 7

(2) Petitioner must describe in detail the reasons the records files are being 8 sought and their relevancy to the proceeding or purpose for which petitioner 9 wishes to inspect or obtain the records files. 10 11 (Subd (

b) amended and relettered effective January 1, 2018; adopted as subd (c); 12 previously amended effective July 1, 1997, and January 1, 2007.) 13 14 (d)(

c) Notice of petition for disclosure 15 16 (1) * * * 17 18 (A)–(B) * * * 19 20 (

C) The child if the child is 10 years of age or older; 21 22 (D)–(I) * * * 23 24 (2) * * * 25 26

(3) If the petitioner does not know the identity or address of any of the parties in 27 (d)(c)(1) above, the clerk must: 28 29 (A)–(B) * * * 30 31 (4) * * * 32 33 (Subd (

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

d) Procedure 37 38 (1) * * * 39 40

(2) If petitioner shows good cause, the court may set a hearing. The clerk must 41 notice the hearing to the persons and entities listed in (d)(c)(1) above. 42 43 (3)–(8) * * * 44

1 (Subd (

d) amended and relettered effective January 1, 2018; adopted as subd (e); 2 previously amended effective January 1, 2007, and January 1, 2009.) 3 4 (f)(

e) Reports of law enforcement agencies (§ 828) 5 6 Except for records sealed under

section 389 or 781, or Penal Code

section 1203.45, 7 information gathered and retained by a law enforcement agency regarding the 8 taking of a child into custody may be disclosed without court authorization to 9 another law enforcement agency, including a school district police or security 10 department, or to any person or agency that has a legitimate need for the 11 information for the purposes of official disposition of a case. 12 13

(1) If the law enforcement agency retaining the report is notified under

section 14 1155 that the child has escaped from a secure detention facility, the agency 15 must release the name of the child and any descriptive information on 16 specific request by any agency or individual whose attempts to apprehend the 17 child will be assisted by the information requested. 18 19

(2) In the absence of a specific request, the law enforcement agency retaining the 20 report may release information about a child reported to have escaped from a 21 secure detention facility if the agency determines that the information is 22 necessary to assist in the apprehension of the child or the protection of 23 members of the public from substantial physical harm. 24 25

(3) Except as authorized under

section 828, all others seeking to inspect or obtain 26 such reports information gathered and retained by a law enforcement agency 27 regarding the taking of a child into custody must petition the juvenile court 28 for authorization, using Petition to Obtain Report of Law Enforcement 29 Agency (form JV-575). 30 31 Subd (

e) amended and relettered effective January 1, 2018; adopted as subd (

f) effective 32 January 1, 1994; previously relettered as subd (

g) effective January 1, 2001, and as 33 subd (

f) effective January 1, 2009; previously amended effective January 1, 2007.) 34 35 (

g) School notification 36 37 When a child enrolled in a public school is found to have committed one of the 38 offenses described in

section 827(b)(2), the court must provide written notice of the 39 offense and the disposition to the superintendent of the school district within seven 40 days. The superintendent must disseminate information to the principal of the 41 school the child attends, and the principal may disseminate information to any 42

teacher or administrator for the purposes of the rehabilitation of the child or the 1 protection of other students and staff. 2 3 (h)(

f) Other applicable statutes 4 5 Under no circumstances must this rule or any

section of it be interpreted to permit 6 access to or release of records protected under any other federal or state law, 7 including Penal Code

section 11165 et seq., except as provided in those statutes, or 8 to limit access to or release of records permitted under any other federal or state 9 statute, including Government Code

section 13968. 10 11 (Subd (

f) amended and relettered effective January 1, 2018; adopted as subd (f); 12 previously amended and relettered as subd (

h) effective July 1, 1995; previously relettered 13 as subd (

g) effective January 1, 1994, as subd (

i) effective January 1, 2001, and as subd (h) 14 effective January 1, 2009; previously amended effective January 1, 2007.) 15 16 Rule 5.552 amended effective January 1, 2018; adopted as rule 1423 effective July 1, 1992; 17 previously amended effective January 1, 1994, July 1, 1995, July 1, 1997, January 1, 2001, 18 January 1, 2004 and January 1, 2009; previously amended and renumbered effective January 1, 19 2007. 20 21 Rule 5.640. Psychotropic medications 22 23 (a) * * * 24 25 (

b) Authorization to administer (§§ 369.5, 739.5) 26 27

(1) Once a child is declared a dependent child of the court and is removed from 28 the custody of the parents or guardian, only a juvenile court judicial officer is 29 authorized to make orders regarding the administration of psychotropic 30 medication to the child, unless, under (e), the court orders that the parent or 31 legal guardian is authorized to approve or deny the medication. 32 33

(2) Once a child is declared a ward of the court, removed from the custody of the 34 parents or guardian, and placed into foster care, as defined in Welfare and 35 Institutions Code

section 727.4, only a juvenile court judicial officer is 36 authorized to make orders regarding the administration of psychotropic 37 medication to the child, unless, under (e), the court orders that the parent or 38 legal guardian is authorized to approve or deny the medication. 39 40

(3) The court must grant or deny the application using Order on Application for 41 Psychotropic Medication (form JV-223). 42 43

(Subd (

b) amended effective January 1, 2018; previously amended effective January 1, 1 2009, and July 1, 2016.) 2 3 (

c) Procedure to obtain authorization 4 5

(1) To obtain authorization to administer psychotropic medication to a dependent 6 child of the court who is removed from the custody of the parents or legal 7 guardian, or to a ward of the court who is removed from the custody of the 8 parents or legal guardian and placed into foster care, the following forms 9 must be completed and filed with the court: 10 11 (

A) Application for Psychotropic Medication (form JV-220); and 12 13 (

B) Physician’s Statement—Attachment (form JV-220(A)), unless the 14 request is to continue the same medication and maximum dosage by the 15 same physician that who completed the most recent JV-220(A); then 16 the physician may complete Physician’s Request to Continue 17 Medication—Attachment (form JV-220(B)).; and 18 19 (

C) Proof of Notice of Application (form JV-221). 20 21

(2) The child, caregiver, parents or legal guardians, child’s Indian tribe, and 22 Court Appointed Special Advocate, if any, may provide input on the 23 mediations being prescribed. 24 25 (A)–(C) * * * 26 27 (3)–(4) * * * 28 29

(5) Local county practice and local rules of court determine the procedures for 30 completing and filing the forms and for the provision of notice, except as 31 otherwise provided in this rule. The person or persons responsible for 32 providing notice as required by local court rules or local practice protocols 33 are encouraged to use the most expeditious manner of service possible to 34 ensure timely notice. 35 36

(6) Application for Psychotropic Medication (form JV-220) may be completed 37 by the prescribing physician, medical office staff, child welfare services staff, 38 probation officer, or the child’s caregiver. If the applicant is the social worker 39 or probation officer, he or she must complete all items on form JV-220. If the 40 applicant is the prescribing physician, medical office staff, or child’s 41 caregiver, he or she must complete and sign only page one of form JV-220. 42 43

(7) The physician prescribing the administration of psychotropic medication for 1 the child must complete and sign Physician’s Statement—Attachment (form 2 JV-220(A)) or, if it is a request to continue the same medication by the same 3 physician that who completed the most recent JV-220(A), then the physician 4 may must complete and sign Physician’s Statement—Attachment (form JV -5 220(A)) or Physician’s Request to Continue Medication—Attachment (form 6 JV-220(B)). 7 8 (7)

(8) The court must approve, deny, or set the matter for a hearing within seven 9 court days of the receipt of the completed form JV-220 and form JV-220(A) 10 or form JV-220(B). 11 12

(9) The court must grant or deny the application using Order on Application for 13 Psychotropic Medication (form JV-223). 14 15 (8)

(10) Notice of the application must be provided to the parents or legal 16 guardians, their attorneys of record, the child’s attorney of record, the child’s 17 Child Abuse Prevention and Treatment Act guardian ad litem, the child’s 18 current caregiver, the child’s Court Appointed Special Advocate, if any, and 19 where a child has been determined to be an Indian child, the Indian child’s 20 tribe (see also 25 U.S.C. § 1903(4)–(5); Welf. and Inst. Code, §§ 224.1(a) 21 and (

e) and 224.3). 22 23 (

A) If the child is living in a group home or short-term residential 24 therapeutic center, notice to the caregiver must be by notice to the 25 group home administrator, or to the administrator’s designee, as 26 defined in California Code of Regulations, title 22, regulation

section 27 84064. 28 29 (

B) Local county practice and local rules of court determine the procedures 30 for the provision of notice, except as otherwise provided in this rule. 31 The person or persons responsible for providing notice as required by 32 local court rules or local practice protocols are encouraged to use the 33 most expeditious manner of service possible to ensure timely notice. 34 35 (

C) Notice must be provided as follows: 36 37 (A)(i) * * * 38 39 (i)-(v)a–e * * * 40 41 (B)(ii) * * * 42 43

(i)-(v)a–e * * * 1 2 (C)(iii) * * * 3 4 (i)-(v)a–e * * * 5 6 (D)(iv) * * * 7 8 (i)-(vi)a–f * * * 9 10 (E)(v) * * * 11 12 (9)(11) * * * 13 14 (10)(12) * * * 15 16 (Subd (

c) amended effective January 1, 2018; previously amended effective January 1, 17 2007, January 1, 2008, January 1, 2009, January 1, 2014, and July 1, 2016.) 18 19 (d) * * * 20 21 (

e) Delegation of authority (§§ 369.5, 739.5) 22 23 After consideration of an application and attachments and a review of the case file, 24 If a child is removed from the custody of his or her parent or legal guardian, the 25 court may order that the parent be is authorized to approve or deny the 26 administration of psychotropic medication. The order must be based on the 27 following findings in

section 369.5 or

section 739.5, which must be included in the 28 order:. (1) the parent poses no danger to the child, and (2) the parent has the 29 capacity to understand the request and the information provided and to authorize 30 the administration of psychotropic medication to the child, consistent with the best 31 interest of the child. The court may use Order Delegating Judicial Authority Over 32 Psychotropic Medication (form JV-216) to document the findings and order. 33 34 (Subd (

e) amended effective January 1, 2018; previously amended effective January 1, 35 2008.) 36 37 (f) * * * 38 39 (

g) Progress review 40 41 (1)–(5) * * * 42 43

(6) The child, caregiver, parents or legal guardians, and Court Appointed Special 1 Advocate, if any, may provide input at the progress review as stated in (c)(2). 2 3 (7) * * * 4 5 (Subd (

g) amended effective January 1, 2018; adopted effective July 1, 2016.) 6 7 (

h) Copy of order to caregiver 8 9 (1)–(2) * * * 10 11

(3) If the court approves the request, the copy of the order must include the last 12 two pages of form JV-220(

A) or the last two pages of form JV-220(

B) and all 13 medication information sheets (medication monographs) that were attached 14 to form JV-220(

A) or form JV-220(B). 15 16

(4) If the child resides in a group home or short-term residential therapeutic 17 program, a copy of the order, the last two pages of form JV-220(

A) or the last 18 two pages of form JV-220(B), and all medication information sheets 19 (medication monographs) that were attached to the form JV-220(

A) or form 20 JV-220(

B) must be provided to the group home administrator, or to the 21 administrator’s designee, as defined in California Code of Regulations, 22 regulation title 22,

section 84064. 23 24

(5) If the child changes placement, the social worker or probation officer must 25 provide the new caregiver with a copy of the order, the last two pages of form 26 JV-220(

A) or the last two pages of form JV-220(B), and the medication 27 information sheets (medication monographs) that were attached to form 28 JV-220(

A) or form JV-220(B). 29 30 (Subd (

h) amended effective January 1, 2018; adopted effective July 1, 2016.) 31 32 (i)–(k) * * * 33 34 Rule 5.640 amended effective January 1, 2018; adopted as rule 1432.5 effective January 1, 2001; 35 previously amended and renumbered effective January 1, 2007; previously amended effective 36 January 1, 2003, January 1, 2008, January 1, 2009, January 1, 2014, and July 1, 2016. 37 38

Rule 5.655. Program requirements for Court Appointed Special Advocate 1 programs 2 3 (

a) General provisions4 5

(1) A Court Appointed Special Advocate (CASA) program is a child advocacy6 program that recruits, screens, selects, trains, supervises, and supports lay7 volunteers for appointment by the court to help define the best interest of8 children and nonminors under the jurisdiction of the juvenile court, including9 the dependency and delinquency courts.10 11

(2) To be authorized to serve children and nonminors in a county, the CASA12 program must be designated by the presiding judge of the juvenile court. 13 14

(3) A CASA program must comply with this rule to be eligible to receive Judicial15 Council funding. The Judicial Council may consider compliance with the16 guidelines delineated in the CASA Program Policies and Procedures Manual17 when determining eligibility for and amount of program funding.18 19 (Subd (

a) amended effective January 1, 2019; adopted effective January 1, 2005.) 20 21 (

b) Definitions22 23

(1) A Casa program is the local child advocate program that adheres to this rule;24 has been designated by the local presiding juvenile court judge to recruit,25 screen, select, train, supervise, and support lay volunteers for appointment by26 the court to help define the best interest of children in juvenile court27 dependency and wardship proceedings; and has completed one development 28 grant year and one “start-up” year.29 30

(2) Judicial Council staff may create a CASA Program Policies and Procedures31 Manual containing recommended program policies and procedures. If32 Judicial Council staff create a manual, it will be developed in collaboration33 with the California CASA Association and California CASA program34 directors. The protocols will address program and fiscal management, and the35 recruitment, screening, selection, training, and supervision of lay volunteers.36 37

(3) A CASA volunteer is a person who has been recruited, screened, selected,38 and trained, who is being supervised and supported by a local CASA39 program, and who has been appointed by the juvenile court as a sworn officer40 of the court to help define the best interest of a child or children in juvenile 41 court dependency and wardship proceedings.42 43

(4) A “dependency proceeding” is a legal action brought on behalf of an 44 allegedly abused, neglected, or abandoned child under

section 300 et seq. The 45 action is designed to protect children, preserve and reunify families, and find46

permanent homes for children who cannot be returned to their parents. 1 Dependency proceedings include actions to appoint a legal guardian, 2 terminate parental rights, and facilitate adoptions for dependent children of 3 the juvenile court. 4 5

(5) A “wardship proceeding” is a legal action involving a child under the age of 6 18 years who is alleged to be:7 8 (

A) A person described under

section 601 (who is beyond parental control9 or habitually disobedient or truant); or10 11 (

B) A person described under

section 602 (who has violated any state or12 federal law or any city or county ordinance).13 14 (

b) CASA program administration and management15 16

(1) The court’s designation of the CASA program must take the form of a 17 memorandum of understanding (MOU) between the CASA program and the 18 designating court. 19 20 (

A) The MOU must state that the relationship between the CASA program 21 and the designating court can be terminated for convenience by either the 22 CASA program or the designating court.23 24 (

B) A CASA program may serve children and nonminors in more than one 25 court if the program executes an MOU with each court.26 27 (

C) The CASA program and the designating court must be the only parties to 28 the MOU.29 30 (

D) The MOU must indicate when and how the CASA program will have 31 access to the juvenile case file and the nonminor dependent court file if32 applicable.33 34

(2) A CASA program must function as a nonprofit organization or under the 35 auspices of a public agency or nonprofit organization, and must adopt and 36 adhere to a written plan for program governance and evaluation. The plan must 37 include the following, as applicable: 38 39 (

A) Articles of incorporation, a board of directors, and bylaws that specify a 40 clear administrative relationship with the parent organization and clearly 41 delineated delegations of authority and accountability.42 43 (

B) A clear statement of the purpose or mission of the CASA program that 44 express goals and objectives to further that purpose. Where the CASA 45 program is not an independent organization, but instead functions under46

the auspices of a public agency or a nonprofit organization, an active 1 advisory council must be established. The role of the advisory council for 2 CASA programs functioning under the auspices of a public agency or a 3 nonprofit organization includes but is not limited to developing and 4 approving policies for CASA, developing the CASA program’s budget, 5 promoting a collaborative relationship with the umbrella organization, 6 monitoring and evaluating program operations, and developing and 7 implementing fundraising activities to benefit the CASA program.

The 8 board of directors for the nonprofit organization or management of the 9 public agency will function as the governing body for the CASA 10 program, with guidance from the advisory council. 11 12 (

C) A procedure for the recruitment, selection, hiring, and evaluation of an 13 executive director for the CASA program.14 15 (

D) An administrative manual containing personnel policies, record-keeping 16 practices, and data collection practices.17 18 (

E) Local juvenile court rules developed in consultation with the presiding 19 judge of the juvenile court or a designee, as specified in

section 100. One 20 local rule must specify when CASA reports are to be submitted to the 21 court, who is entitled to receive a copy of the report, and who will copy 22 and distribute the report. This rule must also specify that the CASA court 23 report must be distributed to the persons entitled to receive it at least two 24 court days before the hearing for which the report was prepared.25 26

(3) No CASA program may function under the auspices of a probation department 27 or department of social services. CASA programs may receive funds from 28 probation departments, local child welfare agencies, and the California 29 Department of Social Services if: 30 31 (

A) The CASA program and the contributing agency develop an MOU stating 32 that the funds will be used only for general operating expenses as 33 determined by the receiving CASA program, and the contributing agency 34 will not oversee or monitor the funds;35 36 (

B) A procedure resolving any conflict between the CASA program and 37 contributing agency is implemented so that conflict between the two 38 agencies does not affect funding or the CASA program’s ability to retain 39 an independent evaluation separate from that of the contributing 40 agency’s; and41 42 (

C) Any MOU between a CASA program and the contributing agency is 43 submitted to and approved by Judicial Council staff.44 45

(4) If a CASA program serves more than one county, the CASA program is 1 encouraged to seek representation on the board of directors and/or advisory 2 council from each county it serves. 3 4 (Subd (

b) adopted effective January 1, 2019.) 5 6 (

c) Finance, facility, and risk management7 8

(1) A CASA program must adopt a written plan for fiscal control. The fiscal plan9 must include an annual audit, conducted by a qualified professional, that is10 consistent with generally accepted accounting principles and the audit11 protocols in the program’s Judicial Council contract.12 13

(2) The fiscal plan must include a written budget with projections that guide the14 management of financial resources and a strategy for obtaining necessary15 funding for program operations.16 17

(3) When the program has accounting oversight, it must adhere to written18 operational procedures in regard to accounting control.19 20

(4) The CASA program’s board of directors must set policies for and exercise21 control over fundraising activities carried out by its employees and22 volunteers.23 24

(5) The CASA program must have the following insurance coverage for its staff25 and volunteers:26 27 (

A) General liability insurance with liability limits of not less than28 $1 million ($1,000,000) for each person per occurrence/aggregate for 29 bodily injury, and not less than $1 million ($1,000,000) per 30 occurrence/aggregate for property damage;31 32 (

B) Nonowned automobile liability insurance and hired vehicle coverage 33 with liability limits of not less than $1 million ($1,000,000) combined 34 single limit per occurrence and in the aggregate;35 36 (

C) Automobile liability insurance meeting the minimum state automobile 37 liability insurance requirements, if the program owns a vehicle; and38 39 (

D) Workers’ compensation insurance with a minimum limit of $500,000.40 41

(6) The CASA program must require staff, volunteers, and members of the 42 governing body, when applicable, to immediately notify the CASA program 43 of any criminal charges against themselves.44 45

(7) The nonprofit CASA program must plan for the disposition of property and 1 confidential records in the event of its dissolution.2 3 (Subd (

c) adopted effective January 1, 2019.) 4 5 (

d) Confidentiality6 7 The presiding juvenile court judge and the CASA program director must adopt a 8 written plan governing confidentiality of case information, case records, and 9 personnel records. The plan must be included in the MOU or a local rule. The 10 written plan must include the following provisions: 11 12

(1) All information concerning children and families, including nonminors, in the13 juvenile court process is confidential. Volunteers must not give case14 information to anyone other than the court, the parties and their attorneys,15 and CASA staff.16 17

(2) CASA volunteers are required by law (Pen. Code, § 11166 et seq.) to report18 any reasonable suspicion that a child is a victim of child abuse or serious19 neglect as described by Penal Code

section 273a.20 21

(3) The child’s original case file must be maintained in the CASA office by a22 custodian of records and must remain there. Copies of documents needed by23 a volunteer must be restricted to those actually needed to conduct necessary24 business outside of the office. No one may have access to the child’s original25 case file except on the approval of the CASA program director or presiding26 judge of the juvenile court. Controls must be in place to ensure that records27 can be located at any time. The office must establish a written procedure for28 the maintenance of case files.29 30

(4) If the nonminor provides consent for the CASA volunteer to obtain his or her31 nonminor dependent court file, the procedures stated in paragraph (3) related32 to maintenance of the case file must be followed.33 34

(5) The volunteer’s personnel file is confidential. No one may have access to the35 personnel file except the volunteer, the CASA program director or a36 designee, or the presiding judge of the juvenile court.37 38 (Subd (

d) adopted effective January 1, 2019.) 39 40 (e)(

c) Recruiting, screening, and selecting CASA volunteers 41 42

(1) A CASA program must adopt and adhere to a written plan for the recruitment 43 of potential CASA volunteers. The program staff, in its recruitment effort, must 44 address the demographics of the jurisdiction by making all reasonable efforts to 45 ensure that individuals representing all racial, ethnic, linguistic, and economic46

sectors of the community are recruited and made available for appointment as 1 CASA volunteers, A CASA volunteer is a person who has been recruited, 2 screened, selected, and trained; is being supervised and supported by a local 3 CASA program; and has been appointed by the juvenile court as a sworn officer 4 of the court to help define the best interest of children or nonminors in juvenile 5 court dependency and wardship proceedings. 6 7

(2) A CASA program must adopt and adhere to a written plan for the recruitment8 of potential CASA volunteers. The program staff, in its recruitment effort, must9 address the demographics of the jurisdiction by making all reasonable efforts to10 ensure that individuals representing all racial, ethnic, linguistic, and economic11 sectors of the community are recruited and made available for appointment as12 CASA volunteers.13 14 (3)(2)A CASA program must adopt and adhere to the following minimum written 15 procedures for screening potential CASA volunteers under

section 102(e): 16 17 (

A) A written application that generates minimum identifying data;18 information regarding the applicant’s education, training, and19 experience; minimum age requirements; and current and past20 employment.21 22 (

B) Notice to the applicant that a formal security check will be made, with23 inquiries through appropriate law enforcement agencies—including but24 not limited to the Department of Justice, Federal Bureau of25 Investigations, and Child Abuse Index—regarding any criminal record, 26 driving record, or other record of conduct that would disqualify the 27 applicant from service as a CASA volunteer. The security check must 28 include fingerprinting. Refusal to consent to a formal security check is 29 grounds for rejecting an applicant.30 31 (

C) A minimum of three completed references regarding the character, 32 competence, and reliability of the applicant and his or her suitability for 33 assuming the role of a CASA volunteer.34 35 (

D) A personal interview or interviews by a person or persons approved by 36 the presiding juvenile court judge or designee, to probe the essential 37 areas of concern with respect to the qualities of an effective CASA 38 volunteer. A written, confidential record of the interview and the 39 interviewer's assessments and observations must be made and retained 40 in the advocate's file.41 42 (4)

(3) If a CASA program allows its volunteers to transport children, the program 43 must ensure that each volunteer transporting children: 44 45 (

A) Possesses a valid and current driver’s license;46

1 (

B) Possesses personal automobile insurance that meets the minimum state 2 personal automobile insurance requirements;3 4 (

C) Obtains permission from the child’s guardian or custodial agency; and5 6 (

D) Provides the CASA program with a Department of Motor Vehicles 7 driving record report annually.8 9 (5)

(4) A CASA program must adopt a written preliminary procedure for selecting 10 CASA candidates to enter the CASA training program. The selection 11 procedure must state that any applicant found to have been convicted of or to 12 have current charges pending for a felony or misdemeanor involving a sex 13 offense, child abuse, or child neglect must not be accepted as a CASA 14 volunteer. This policy must be stated on the volunteer application form. 15 16 (6)

(5) An adult otherwise qualified to act as a CASA must not be discriminated 17 against based on marital status, socioeconomic factors, race, national origin, 18 ethnic group identification, religion, age, sex, sexual orientation, color, or 19 disability or because of any other characteristic listed or defined in 20 Government Code

section 11135 or Welfare and Institutions Code

section 21 103. 22 23 24 25 (Subd (

e) amended and relettered effective January 1, 2019; adopted as subd (b); previously amended and relettered as subd(

c) effective January 1, 2005; previously amended effective January 1, 1995, January 1, 2007, and January 1, 2010.) 26 27 (f)(

d) Initial training of CASA volunteers (§ 102(d)) 28 29 A CASA program must adopt and adhere to a written plan for the initial training of 30 CASA volunteers. 31 32

(1) The initial training curriculum must include at least 30 hours of formal 33 instruction. This curriculum must include mandatory training topics as listed 34 in

section 102(d). The curriculum may also include additional appropriate 35 topics, such as those stated in California Rules of Court, rule 5.664.36 37

(2) The final selection process is contingent on the successful completion of the 38 initial training program, as determined by the presiding judge of the juvenile 39 court or designee.40 41 42 43 (Subd (

f) amended and relettered effective January 1, 2019; adopted as subd (c); previously amended and relettered as subd (

d) effective January 1, 2005; previously amended effective January 1, 1995, and January 1, 2007.) 44 45

(g)(

e) Oath 1 2 3 4 5 6 7 8 9 10 At the completion of training, and before assignment to any child’s or nonminor’s case, the CASA volunteer must take a court-administered oath describing the duties and responsibilities of the advocate under

section 103(f). The CASA volunteer must also sign a written affirmation of that oath. The signed affirmation must be retained in the volunteer’s file. (Subd (

g) amended and relettered effective January 1, 2019; adopted as subd (d); previously amended and relettered as subd (

e) effective January 1, 2005; previously amended effective January 1, 2007.) 11 12 (h)(

f) Duties and responsibilities 13 14 15 16 17 18 19 20 21 22 CASA volunteers serve at the discretion of the court having jurisdiction over the proceeding in which the volunteer has been appointed. A CASA volunteer is an officer of the court and is bound by all court rules under

section 103(e). A CASA program must develop and adopt a written description of duties and responsibilities, consistent with local court rules. (Subd (

h) amended and relettered effective January 1, 2019; adopted as subd (e); previously amended and relettered as subd (

f) effective January 1, 2005; previously amended effective January 1, 1995, and January 1, 2007.) 23 24 (i)(

g) Prohibited activities 25 26 A CASA program must develop and adopt a written description of activities that 27 are prohibited for CASA volunteers. The specified prohibited activities must 28 include: 29 30

(1) Taking a child or nonminor to the CASA volunteer’s home;31 32

(2) Giving legal advice or therapeutic counseling;33 34

(3) Giving money or expensive gifts to the child, nonminor, or family of the 35 child or nonminor;36 37

(4) Being related to any parties involved in a case or being employed in a 38 position and/or agency that might result in a conflict of interest; and39 40

(5) Any other activities prohibited by the local juvenile court.41 42 43 (Subd (

i) relettered and amended effective January 1, 2019; adopted as subd (

g) effective January 1, 2005.) 44 45

(j)(

h) The appointment of CASA volunteers 1 2 3 4 5 6 7 8 9 The CASA program director must develop, with the approval of the presiding juvenile court judge, a written procedure for the selection of cases and the appointment of CASA volunteers for children and nonminors in juvenile court proceedings. (Subd (

j) relettered and amended effective January 1, 2019; adopted as subd (f); previously amended effective January 1, 1995; previously amended and relettered as subd (

h) effective January 1, 2005.)10 11 (k)(

i) Oversight, support, and supervision of CASA volunteers 12 13 A CASA program must adopt and adhere to a written plan, approved by the 14 presiding juvenile court judge, for the oversight, support, and supervision of CASA 15 volunteers in the performance of their duties. The plan must: 16 17

(1) Include a grievance procedure that covers grievances by any person against a 18 volunteer or CASA program staff and grievances by a volunteer against a 19 CASA program or program staff. The grievance procedure must:20 21 (

A) Be incorporated into a document that contains a description of the roles 22 and responsibilities of CASA volunteers. This document must be 23 provided:24 25 (

i) When a copy of the court order that appointed the CASA 26 volunteer is provided to any adult involved with the child’s or27 nonminor’s case, including but not limited to, teachers, foster 28 parents, therapists, and health-care workers;29 30 (ii) To the nonminor upon appointment of the CASA; and31 32 (ii)(iii) To any person, including a volunteer, who has a grievance 33 against a volunteer or a CASA program employee. 34 35 (

B) Include a provision that documentation of any grievance filed by or 36 against a volunteer must be retained in the volunteer’s personnel file.37 38

(2) Include a provision for the ongoing training and continuing education of 39 CASA volunteers. Ongoing training opportunities must be provided at least 40 monthly under

section 103(a). CASA volunteers must participate in a 41 minimum of 12 hours of continuing education in each year of service.42 43 44 45 (Subd (

k) relettered and amended effective January 1, 2019; adopted as subd (g); previously amended and relettered as subd (

i) effective January 1, 2005; previously amended effective January 1, 1995, and January 1, 2007.) 46

1 (l)(

j) Removal, resignation, and termination of a CASA volunteer 2 3 The CASA program must adopt a written plan for the removal, resignation, or 4 involuntary termination of a CASA volunteer, including the following provisions: 5 6

(1) A volunteer may resign or be removed from an individual case at any time by7 the order of the juvenile court presiding judge or designee.8 9

(2) A volunteer may be involuntarily terminated from the program by the10 program director.11 12

(3) The volunteer has the right to appeal termination by the program director13 under the program’s grievance procedure.14 15 16 17 (Subd (

j) relettered effective January 1, 2019; adopted as subd (h); previously amended and relettered as subd (

j) effective January 1, 2005; previously amended effective January 1, 1995, and January 1, 2007.) 18 19 (

k) CASA program administration and management20 21 A CASA program must adopt and adhere to a written plan for program governance 22 and evaluation that includes the following as applicable: 23 24

(1) Articles of incorporation, bylaws, and a board of directors. Any CASA 25 program that functions under the auspices of a public agency or private entity 26 must specify in its plan a clear administrative relationship with the parent 27 organization and clearly delineated delegations of authority and 28 accountability. No CASA program may function under the auspices of a 29 probation department or department of social services. CASA programs may 30 receive funds from probation departments, local child welfare agencies, and 31 the California Department of Social Services if:32 33 (

A) The CASA program and the contributing agency develop a34 memorandum of understanding (MOU) or contract stating that the35 funds will be used only for general operating expenses as determined36 by the receiving CASA program, and the contributing agency will not 37 oversee or monitor the funds;38 39 (

B) A procedure resolving any conflict between the CASA program and40 contributing agency is implemented so that conflict between the two41 agencies does not affect funding or the CASA program's ability to 42 retain an independent evaluation separate from that of the contributing 43 agency's; and44 45

(

C) Any MOU or contract between a CASA program and the contributing1 agency is submitted to and approved by Judicial Council staff.2 3

(2) A clear statement of the purpose or mission of the CASA program and4 express goals and objectives to further that purpose. Where the CASA5 program is not an independent nonprofit organization, but instead functions6 under the auspices of a public agency or a private entity, an active advisory7 council must be established. The advisory council for CASA programs8 functioning under the auspices of a public agency or a private entity will not9 function as the governing body of the CASA program. The board of directors10 for the private entity or the public agency management will function as the11 governing body for the CASA program, with guidance from the advisory12 council.13 14

(3) A procedure for the recruitment, selection, hiring, and evaluation of an15 executive director for the CASA program.16 17

(4) An administrative manual containing personnel policies, record-keeping18 practices, and data collection practices.19 20

(5) Local juvenile court rules developed in consultation with the presiding judge21 of the juvenile court or a designee, as specified in

section 100. One local rule22 must specify when CASA reports are to be submitted to the court, who is23 entitled to receive a copy of the report, and who will copy and distribute the24 report. This rule must also specify that the CASA court report must be25 distributed to the persons entitled to receive it at least two court days before26 the hearing for which the report was prepared.27 28 (

l) Finance, facility, and risk management29 30

(1) A CASA program must adopt a written plan for fiscal control. The fiscal plan31 must include an annual audit, conducted by a qualified professional, that is32 consistent with generally accepted accounting principles and the audit33 protocols in the program's contract with the Judicial Council.34 35

(2) The fiscal plan must include a written budget with projections that guide the36 management of financial resources and a strategy for obtaining necessary37 funding for program operations.38 39

(3) When the program has accounting oversight, it must adhere to written40 operational procedures in regard to accounting control.41 42

(4) The CASA program's board of directors must set policies for and exercise43 control over fundraising activities carried out by its employees and44 volunteers.45 46

(5) The CASA program must have the following insurance coverage for its staff1 and volunteers:2 3 (

A) General liability insurance with limits of liability of not less than $14 million ($1,000,000) for each person per occurrence/aggregate for5 bodily injury and not less than $1 million ($1,000,000) per 6 occurrence/aggregate for property damage;7 8 (

B) Nonowned automobile liability insurance and hired vehicle coverage9 with limits of liability of not less than $1 million ($1,000,000) 10 combined single limit per occurrence and in the aggregate;11 12 (

C) Automobile liability insurance meeting the minimum state automobile13 liability insurance requirements, if the program owns a vehicle; and14 15 (

D) Workers' compensation insurance with a minimum limit of $500,000.16 17

(6) The CASA program must require staff, volunteers, and members of the18 governing body, when applicable, to immediately notify the CASA program 19 of any criminal charges against themselves.20 21

(7) The nonprofit CASA program must plan for the disposition of property and22 confidential records in the event of its dissolution.23 24 (

m) Confidentiality25 26 The presiding juvenile court judge and the CASA program director must adopt a 27 written plan governing confidentiality of case information, case records, and 28 personnel records. The written plan must include the following provisions: 29 30

(1) All information concerning children and families in the juvenile court31 process is confidential. Volunteers must not give case information to anyone 32 other than the court, the parties and their attorneys, and CASA staff.33 34

(2) CASA volunteers are required by law (Pen. Code, § 11166 et seq.) to report35 any reasonable suspicion that a child is a victim of child abuse or serious 36 neglect as described by Penal Code

section 273.37 38

(3) The child's original case file must be maintained in the CASA office by a39 custodian of records and must remain there. Copies of documents needed by40 a volunteer must be restricted to those actually needed to conduct necessary41 business outside of the office. No one may have access to the child's original42 case file except on the approval of the CASA program director or presiding43 judge of the juvenile court. Controls must be in place to ensure that records 44 can be located at any time. The office must establish a written procedure for 45 the maintenance of case files.46

(4) The volunteer's personnel file is confidential. No one may have access to the2 personnel file except the volunteer, the CASA program director or a designee,3 or the presiding judge of the juvenile court.4 5 Rule 5.655 amended effective January 1, 2019; adopted as rule 1424 effective July 1, 1994; 6 previously amended and renumbered as rule 5.655 effective January 1, 2007; previously 7 amended effective January 1, 1995, January 1, 2000, January 1, 2001, January 1, 2005, 8 January 1, 2010, and January 1, 2016.) 9 10 Rule 5.710. Six-month review hearing 11 12 (

a) Determinations and conduct of hearing (§§ 364, 366, 366.1, 366.21) 13 14 At the hearing, the court and all parties must comply with all relevant requirements 15 and procedures in rule 5.708, General review hearing requirements. The court must 16 make all appropriate findings and orders specified in rule 5.708 and proceed under 17

section 366.21(

e) and (g), and as follows: 18 19 (1)–(4) * * * 20 21 Subd (

a) amended effective January 1, 2018; repealed and adopted as subd (d); relettered 22 as subd (

e) effective January 1, 1992; previously amended effective January 1, 1999, 23 July 1, 1999, January 1, 2001, July 1, 2002, January 1, 2004, January 1, 2005, and 24 January 1, 2007; previously amended and relettered as subd (

b) effective January 1, 2010, 25 and as subd (

a) effective January 1, 2017.) 26 27 (b) * * *28 29 Rule 5.710 amended effective January 1, 2018; adopted as rule 1460 effective January 1, 1990; 30 previously amended and renumbered effective January 1, 2007; previously amended effective 31 January 1, 1992, January 1, 1993, January 1, 1995, July 1, 1995, July 1, 1997, January 1, 1999, 32 July 1, 1999, January 1, 2000, January 1, 2001, July 1, 2002, January 1, 2004, January 1, 2005, 33 January 1, 2006, January 1, 2010, January 1, 2011, January 1, 2014, January 1, 2015, and 34 January 1, 2017. 35 36 Rule 5.715. Twelve-month permanency hearing 37 38 (a) * * *39 40

(

b) Determinations and conduct of hearing (§§ 309(e), 361.5, 366, 366.1, 366.21) 1 2 At the hearing, the court and all parties must comply with all relevant requirements 3 and procedures in rule 5.708, General review hearing requirements. The court must 4 make all appropriate findings and orders specified in rule 5.708 and proceed under 5

section 366.21(

f) and (g), and as follows: 6 7 (1)–(5) * * * 8 9 (Subd (

b) amended effective January 1, 2018; repealed and adopted as subd (c)(2); 10 previously amended and relettered as subd (

c) effective July 1, 1999, as subd (

d) effective 11 January 1, 2002, as subd (

c) effective January 1, 2001, and as subd (

b) effective January 1, 12 2010; previously amended effective January 1, 1992, January 1, 1993, January 1, 1995, 13 July 1, 1995, July 1, 1997, January 1, 1999, January 1, 2004, January 1, 2005, January 1, 14 2007, July 1, 2010, January 1, 2014, and January 1, 2017.) 15 16 Rule 5.715 amended effective January 1, 2018; adopted as rule 1461 effective January 1, 1990; 17 previously amended and renumbered effective January 1, 2007; previously amended effective 18 January 1, 1992, January 1, 1993, January 1, 1994, January 1, 1995, July 1, 1995, July 1, 1997, 19 January 1, 1999, July 1, 1999, January 1, 2000, January 1, 2001, January 1, 2004, January 1, 20 2005, January 1, 2006, January 1, 2010, July 1, 2010, January 1, 2014, and January 1, 2017. 21 22 Rule 5.810.

Reviews, hearings, and permanency planning 23 24 (a) * * * 25 26 (

b) Permanency planning hearings (§§ 727.2, 727.3, 11404.1) 27 28 * * * 29 30 (1)–(2) * * * 31 32

(3) Selection of a permanent plan (§ 727.3(b)) 33 34 At the first permanency planning hearing, the court must select a permanent 35 plan. At subsequent permanency planning hearings that must be held under 36

section 727.2(

g) and rule 5.810(c), the court must either make a finding that 37 the current permanent plan is appropriate or select a different permanent 38 plan, including returning the child home, if appropriate. The court must 39 choose from one of the following permanent plans, listed in

section 727.3(b) 40 which are, in order of priority:. 41 42

(

A) A permanent plan that immediately returns the child to the physical 1 custody of the parent or guardian. This plan must be the permanent plan 2 unless no reunification services were offered under

section 727.2(b), or 3 unless the court finds that the probation department has established by a 4 preponderance of evidence that return would create a substantial risk of 5 detriment to the safety, protection, or physical or emotional well being 6 of the ward. The probation department has the burden of establishing 7 that detriment. In making its determination, the court must review and 8 consider all reports submitted to the court and must consider the efforts 9 or progress, or both, demonstrated by the child and family and the 10 extent to which the child availed himself or herself of the services 11 provided. 12 13 (

B) A permanent plan of return of the child to the physical custody of the 14 parent or guardian, after 6 additional months of reunification services. 15 The court may not order this plan unless the court finds that there is a 16 substantial probability that the child will be able to return home within 17 18 months of the date of initial removal or that reasonable services 18 have not been provided to the parent or guardian. 19 20 (

C) A permanent plan of adoption. When this plan is identified, the court 21 must order that a hearing under

section 727.31 be held within 120 days. 22 23 (

D) A permanent plan of legal guardianship. When this plan is ordered, the 24 court must set a hearing under the procedures described in

section 728 25 and rule 5.815. 26 27 (

E) A permanent plan of placement with a fit and willing relative. When 28 this plan is ordered, the court must specify that the child will be placed 29 with the appropriate relative on a permanent basis. 30 31 (

F) A permanent plan of placement in a planned permanent living 32 arrangement. The court may order this permanent plan only after 33 considering, and ruling out, each of the other permanent plan options 34 listed above. If, after doing so, the court concludes that a planned 35 permanent living arrangement is the most appropriate permanent plan 36 for the child, it must also enter a finding, by clear and convincing 37 evidence, that there is a compelling reason, as defined in

section 38 727.3(c), for determining that a plan of termination of parental rights 39 and adoption is not in the best interest of the child. When a planned 40 permanent living arrangement is ordered, the court must specify the 41 type of placement. The court must also specify the goal of the 42 placement, which may include, but is not limited to, a goal of the child 43 returning home, emancipation, guardianship, or permanent placement 44 with a relative. 45 46

(4) * * * 1 2 (Subd (

b) amended effective January 1, 2018; adopted effective January 1, 2001; 3 previously amended effective January 1, 2003, January 1, 2007, January 1, 2014, and 4 January 1, 2016.) 5 6 (

c) Postpermanency status review hearings (§ 727.2) 7 8 A postpermanency status review hearing must be conducted for wards in placement 9 no less frequently than once every six months. 10 11

(1) Consideration of reports (§ 727.2(d)) 12 13 The court must review and consider the social study report and updated case 14 plan submitted for this hearing by the probation officer and the report 15 submitted by any CASA volunteer, and any other reports filed with the court 16 under

section 727.2(d). 17 18

(2) Findings and orders (§ 727.2(g)) 19 20 At each postpermanency status review hearing, the court must consider the 21 safety of the ward and make findings and orders regarding the following: 22 23 (

A) Whether the current permanent plan continues to be appropriate. If not, 24 the court must select a different permanent plan, including returning the 25 child home, if appropriate. If the plan is another planned permanent 26 living arrangement, the court must meet the requirements set forth in 27 Welfare and Institutions Code

section 727.3(a)(5); 28 29 (

B) The continuing necessity for and appropriateness of the placement; 30 31 (

C) The extent of the probation department’s compliance with the case plan 32 in making reasonable efforts to complete whatever steps are necessary 33 to finalize the permanent plan for the child; 34 35 (

D) Whether the child was actively involved, as age and developmentally 36 appropriate, in the development of his or her own case plan and plan 37 for permanent placement. If the court finds that the child was not 38 appropriately involved, the court must order the probation department 39 to actively involve the child in the development of his or her own case 40 plan and plan for permanent placement, unless the court finds that the 41 child is unable, unavailable, or unwilling to participate; and 42 43

(

E) If sibling interaction has been suspended and will continue to be 1 suspended, sibling interaction is contrary to the safety or well-being of 2 either child. 3 4 (Subd (

c) amended effective January 1, 2018; adopted effective January 1, 2001; 5 previously amended effective January 1, 2003, January 1, 2007, January 1, 2014, and 6 January 1, 2016.) 7 8 (d)–(e) * * * 9 10 Rule 5.810 amended effective January 1, 2018; adopted as rule 1496 effective January 1, 1991; 11 previously amended and renumbered as rule 5.810 effective January 1, 2007; previously 12 amended effective January 1, 1998, January 1, 2001, January 1, 2003, January 1, 2004, 13 January 1, 2006, January 1, 2014, and January 1, 2016. 14 15 16 Rule 8.866. Preparation of reporter’s transcript 17 18 (a)–(c)* * * 19 20 (

d) When preparation must be completed 21 22 (1)–(2) * * * 23 24

(3) If the appellant deposited with the clerk an amount equal to the estimated cost 25 of preparing the transcript and the appeal is abandoned or dismissed before 26 the reporter has filed the transcript, the reporter must inform the clerk of the 27 cost of the portion of the transcript that the reporter has completed. The clerk 28 must pay that amount to the reporter from the appellant’s deposited funds and 29 refund any excess deposit to the appellant. 30 31 (Subd (

d) amended effective January 1, 2018; previously amended effective March 1, 2014, 32 and January 1, 2017.) 33 34 (e)–(f)* * * 35 36 Rule 8.866 amended effective January 1, 2018; adopted effective January 1, 2009; previously 37 amended effective March 1, 2014, January 1, 2016, and January 1, 2017. 38 39 Rule 8.882. Briefs by parties and amici curiae 40 41 (a)–(d) * * * 42 43

(

e) Service and filing 1 2

(1) Copies of each brief must be served as required by rule 8.25 8.817. 3 4

(2) Unless the court provides otherwise by local rule or order in the specific case, 5 only the original brief, with proof of service, must be filed in the appellate 6 division. 7 8

(3) A copy of each brief must be served on the trial court clerk for delivery to the 9 judge who tried the case. 10 11

(4) A copy of each brief must be served on a public officer or agency when 12 required by rule 8.29 8.817. 13 14

(5) In misdemeanor appeals: 15 16 (

A) Defendant’s appellate counsel must serve each brief for the defendant 17 on the People and must send a copy of each brief to the defendant 18 personally unless the defendant requests otherwise. 19 20 (

B) The proof of service under (

A) must state that a copy of the 21 defendant’s brief was sent to the defendant, or counsel must file a 22 signed statement that the defendant requested in writing that no copy 23 be sent. 24 25 (

C) The People must serve two copies of their briefs on the appellate 26 counsel for each defendant who is a party to the appeal. 27 28 (Subd (

e) amended effective January 1, 2018; adopted as subd (d); previously amended 29 and relettered as subd (

e) effective January 1, 2009.) 30 31 Rule 8.882 amended effective January 1, 2018; adopted effective January 1, 2009; previously 32 amended effective January 1, 2009, January 1, 2010, January 1, 2013, March 1, 2014, and 33 January 1, 2016. 34 35 Rule 8.919 Preparation of reporter’s transcript 36 37 (a)–(c)* * * 38 39 (

d) When preparation must be completed 40 41 (1)–(2) * * * 42 43

(3) If the appellant deposited with the clerk an amount equal to the estimated cost 1 of preparing the transcript and the appeal is abandoned or dismissed before 2 the reporter has filed the transcript, the reporter must inform the clerk of the 3 cost of the portion of the transcript that the reporter has completed. The clerk 4 must pay that amount to the reporter from the appellant’s deposited funds and 5 refund any excess deposit to the appellant. 6 7 (Subd (

d) amended effective January 1, 2018; previously amended effective March 1, 2014, 8 and January 1, 2017.) 9 10 (e)–(f)* * * 11 12 Rule 8.919 amended effective January 1, 2018; adopted effective January 1, 2009; previously 13 amended effective March 1, 2014, January 1, 2016, and January 1, 2017. 14