AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on September 24, 2019, effective January 1, 2020 Rule 2.251. Electronic service ................................................................................... 5 1 Rule 2.255. Contracts with electronic filing service providers and electronic filing 2 managers ..................................................................................................................... 6 3 Rule 2.257. Requirements for signatures on documents............................................ 6 4 Rule 2.540.

Application and scope ............................................................................ 9 5 Rule 2.891. Periodic review of Request for court interpreter skills and professional 6 conduct credential review ......................................................................................... 10 7 Former rule 2.891. Periodic review of court interpreter skills and professional 8 conduct [Repealed] ................................................................................................... 10 9 Rule 2.891. Request for court interpreter credential review .................................... 10 10

Chapter 3. Case Management ....................................................................................... 11 11 Rule 3.720. Application ............................................................................................ 12 12 Rule 3.1345. Format of discovery motions .............................................................. 12 13 Standard 4.15. Vacatur relief under Penal Code

section 236.14 ............................. 13 14 Rule 4.130. Mental competency proceedings .......................................................... 15 15 Rule 5.225. Appointment requirements for child custody evaluators ..................... 20 16 Rule 5.305. Hearing of matters by a judge under Family Code sections 4251(

a) and 17 4252(b)(7) ................................................................................................................. 21 18 Rule 5.275. Standards for computer software to assist in determining support ...... 21 19 Rule 5.350. Procedures for hearings to cancel (set aside) voluntary declarations of 20 parentage or paternity when no previous action has been filed ................................ 22 21 Title 5. Family and Juvenile Rules .................................................................................. 24 22 Division 1. Family Rules ............................................................................................. 24 23

Chapter 19. Minor Marriage or Domestic Partnership ................................................ 24 24

Article 1. General Provisions ....................................................................................... 24 25 Rule 5.448. Minor’s request to marry or establish a domestic partnership ............. 24 26 Rule 5.480. Application ........................................................................................... 27 27 Rule 5.481. Inquiry and notice ................................................................................. 27 28 Rule 5.482. Proceedings after notice ....................................................................... 32 29 Rule 5.483.

Dismissal and transfer of case .............................................................. 35 30 Rule 5.484. Emergency proceedings involving an Indian child .............................. 39 31 Rule 5.485.5.484. Placement of an Indian child ...................................................... 41 32 Rule 5.486.5.485. Termination of parental rights .................................................... 43 33

Rule 5.487.5.486. Petition to invalidate orders ........................................................ 44 1 Rule 5.488.5.487. * * * ............................................................................................. 45 2 Rule 5.550. Continuances ......................................................................................... 45 3 Rule 5.570. Request to change court order (petition for modification) ................... 46 4 Rule 5.590. Advisement of right to review in

section 300, 601, or 602 cases .......... 47 5

Chapter 7. Intercounty Transfers; and Out-of-County Placements; Interstate Compact 6 on the Placement of Children ........................................................................................ 48 7 Rules 5.610–5.613 * * * ........................................................................................... 48 8 Rule 5.614. Intercounty Out-of-county placements ................................................. 48 9 Rule 5.635. Parentage .............................................................................................. 50 10 Former Rule 5.645.

Renumbered effective January 1, 2020 ................................... 51 11 Rule 5.645 5.643. Mental health or condition of child; court procedures ................ 51 12 Rule 5.645. Mental health or condition of child; competency evaluations ............. 52 13 Rule 5.668. Commencement of hearing—explanation of proceedings (§§ 316, 14 316.2) ........................................................................................................................ 58 15 Rule 5.674. Conduct of hearing; admission, no contest, submission ...................... 59 16 Rule 5.676.

Requirements for detention .................................................................. 60 17 Rule 5.678. Findings in support of detention; factors to consider; reasonable efforts; 18 active efforts; detention alternatives ......................................................................... 62 19 Rule 5.690. General conduct of disposition hearing ................................................ 65 20 Rule 5.725. Selection of permanent plan (§§ 366.24, 366.26, 727.31) ................... 66 21 Rule 7.151.

Reimbursement of graduated filing fee by successful subsequent 22 petitioner [Repealed] ................................................................................................. 67 23 Rule 7.151. Reimbursement of graduated filing fee by successful subsequent 24 petitioner ................................................................................................................... 67 25 Rule 7.550. Effect of waiver of account .................................................................. 68 26 Rule 7.575. Accounts Accountings of conservators and guardians ......................... 69 27

Chapter 23. Court-Appointed Counsel in Probate Proceedings................................... 74 28 Former Rule 7.1101. Qualifications and continuing education required of counsel 29 appointed by the court in guardianships and conservatorships [Repealed] .............. 74 30 Rule 7.1101. Qualifications and continuing education required of counsel appointed 31 by the court in guardianships and conservatorships ................................................. 75 32 Rule 7.1101. Scope,

definitions, and general qualifications .................................... 80 33

Rule 7.1102. Qualifications and annual education required for counsel appointed to 1 represent a ward or proposed ward (Prob. Code, §§ 1456, 1470(a)) ........................ 82 2 Rule 7.1103. Qualifications and annual education required for counsel appointed to 3 represent a conservatee, proposed conservatee, or person alleged to lack legal 4 capacity (Prob. Code, §§ 1456, 1470(a), 1471) ........................................................ 84 5 Rule 7.1104. Local administration ........................................................................... 86 6 Rule 7.1105.

Certification of attorney qualifications............................................... 86 7 Rule 8.40. Form of filed documents Cover requirements for documents filed in 8 paper form ................................................................................................................. 88 9 Rule 8.44. Number of copies of filed documents .................................................... 88 10 Rule 8.46. Sealed records......................................................................................... 89 11 Rule 8.71.

Electronic filing ...................................................................................... 90 12 Rule 8.72. Responsibilities of court and electronic filer .......................................... 90 13 Rule 8.74. Responsibilities of electronic filer Format of electronic documents ....... 91 14 Rule 8.77. Actions by court on receipt of electronic filing ...................................... 97 15 Rule 8.78. Electronic service ................................................................................... 98 16 Rule 8.204.

Contents and format of briefs ............................................................... 99 17 Rule 8.252. Judicial notice; findings and evidence on appeal ............................... 100 18 Rule 8.268. Rehearing............................................................................................ 101 19 Rule 8.320. Normal record; exhibits ....................................................................... 101 20 Rule 8.380.

Petition for writ of habeas corpus filed by petitioner not represented by 21 an attorney ............................................................................................................... 102 22 Rule 8.384. Petition for writ of habeas corpus filed by an attorney for a party ..... 102 23

Chapter 6. Conservatorship and Civil Commitment Appeals .................................... 103 24 Rule 8.483. Appeal from order of civil commitment............................................. 103 25 Rule 8.500. Petition for review .............................................................................. 106 26 Rule 8.815. Form of filed documents .................................................................... 107 27 Rule 8.851. Appointment of appellate counsel ...................................................... 107 28 Rule 8.866.

Preparation of reporter’s transcript ..................................................... 107 29 Rule 8.868. Record when trial proceedings were officially electronically recorded 30 ................................................................................................................................. 107 31 Rule 8.885. Oral argument ..................................................................................... 108 32 Rule 8.886. Submission of the cause ..................................................................... 109 33

Rule 8.917. Record when trial proceedings were officially electronically recorded1 ................................................................................................................................. 109 2 Rule 8.919. Preparation of reporter’s transcript ..................................................... 110 3 4

Rule 2.251. Electronic service 1 2 (a) * * * 3 4 (

b) Electronic service by express consent 5 6

(1) A party or other person indicates that the party or other person agrees to 7 accept electronic service by: 8 9 (

A) Serving a notice on all parties and other persons that the party or other 10 person accepts electronic service and filing the notice with the court. 11 The notice must include the electronic service address at which the 12 party or other person agrees to accept service; or 13 14 (

B) Manifesting affirmative consent through electronic means with the 15 court or the court’s electronic filing service provider, and concurrently 16 providing the party’s electronic service address with that consent for 17 the purpose of receiving electronic service. A party or other person may 18 manifest affirmative consent by serving notice of consent to all parties 19 and other persons and either: 20 21 (

C) A party or other person may manifest affirmative consent under (

B) by: 22 23 (

i) Agreeing to the terms of service agreement with an electronic 24 filing service provider, which clearly states that agreement 25 constitutes consent to receive electronic service electronically; or 26 27 (ii) Filing Consent to Electronic Service and Notice of Electronic 28 Service Address (form EFS-005-CV). 29 30 (2) * * * 31 32 (Subd (

b) amended effective January 1, 2019; adopted as part of subd (a); previously 33 amended and relettered effective July 1, 2013; previously amended effective January 1, 34 2007, January 1, 2008, January 1, 2011, January 1, 2018, and January 1, 2019.) 35 36 (c)–(k) * * * 37 38 Rule 2.251 amended effective January 1, 2020; adopted as rule 2060 effective January 1, 2003; 39 previously amended and renumbered as rule 2.260 effective January 1, 2007, and as rule 2.251 40 effective January 1, 2011; previously amended effective January 1, 2008, January 1, 2009, July 1, 41 2009, January 1, 2010, July 1, 2013, January 1, 2016, January 1, 2017, January 1, 2018, and 42 January 1, 2019. 43

Advisory Committee Comment 1 2 Subdivision (b)(1)(B). The rule does not prescribe specific language for a provision of a term of 3 service when the filer consents to electronic service, but does require that any such provision be 4 clear. Consent to Electronic Service and Notice of Electronic Service Address (form EFS-005-5 CV) provides an example of language for consenting to electronic service. 6 7 Subdivisions (c)–(d). * * * 8 9 Rule 2.255. Contracts with electronic filing service providers and electronic filing 10 managers 11 12 (a)–(b) * * * 13 14 (

c) Transmission of filing to court 15 16

(1) An electronic filing service provider must promptly transmit any electronic 17 filing, and any applicable filing fee, and any applicable acceptance of consent 18 to receive electronic service to the court directly or through the court’s 19 electronic filing manager. 20 21

(2) An electronic filing manager must promptly transmit an electronic filing, and 22 any applicable filing fee, and any applicable acceptance of consent to receive 23 electronic service to the court. 24 25 (Subd (

c) amended effective January 1, 2020; previously amended effective January 1, 2011, and 26 January 1, 2019.) 27 28 (d)–(f) * * * 29 30 Rule 2.255 amended effective January 1, 2020; adopted as rule 2055 effective January 1, 2003; previously 31 amended and renumbered effective January 1, 2007; previously amended effective January 1, 2011, 32 January 1, 2018, and January 1, 2019. 33 34 35 Rule 2.257. Requirements for signatures on documents 36 37 (a) * * * 38 39 40 (

b) Documents signed under penalty of perjury 41 42

When a document to be filed electronically provides for a signature under penalty 1 of perjury of any person, the document is deemed to have been signed by that 2 person if filed electronically provided that either of the following conditions is 3 satisfied: 4 5

(1) The declarant has signed the document using an electronic signature and 6 declares under penalty of perjury under the laws of the state of California that 7 the information submitted is true and correct. If the declarant is not the 8 electronic filer, the electronic signature must be unique to the declarant, 9 capable of verification, under the sole control of the declarant, and linked to 10 data in such a manner that if the data are changed, the electronic signature is 11 invalidated; or 12 13

(2) The declarant, before filing, has physically signed a printed form of the 14 document. By electronically filing the document, the electronic filer certifies 15 that the original, signed document is available for inspection and copying at 16 the request of the court or any other party. In the event this second method of 17 submitting documents electronically under penalty of perjury is used, the 18 following conditions apply: 19 20 (

A) At any time after the electronic version of the document is filed, any 21 party may serve a demand for production of the original signed 22 document. The demand must be served on all other parties but need not 23 be filed with the court. 24 25 (

B) Within five days of service of the demand under (A), the party or other 26 person on whom the demand is made must make the original signed 27 document available for inspection and copying by all other parties. 28 29 (

C) At any time after the electronic version of the document is filed, the 30 court may order the filing party or other person to produce the original 31 signed document in court for inspection and copying by the court. The 32 order must specify the date, time, and place for the production and must 33 be served on all parties. 34 35 (

D) Notwithstanding (A)–(C), local child support agencies may maintain 36 original, signed pleadings by way of an electronic copy in the statewide 37 automated child support system and must maintain them only for the 38 period of time stated in Government Code

section 68152(a). If the local 39 child support agency maintains an electronic copy of the original, 40 signed pleading in the statewide automated child support system, it may 41 destroy the paper original. 42 43

(Subd (

b) amended effective January 1, 2020; adopted as subd (a); previously amended 1 effective January 1, 2007, July 1, 2016, and January 1, 2018; previously relettered and 2 amended as subd (

b) effective January 1, 2019.) 3 4 (

c) Documents not signed under penalty of perjury 5 6

(1) If a document does not require a signature under penalty of perjury, the 7 document is deemed signed by the party if the document is person who filed it 8 electronically. 9 10 (

d) Documents requiring signatures of opposing parties 11 12

(2) When a document to be filed electronically, such as a stipulation, requires the 13 signatures of opposing parties or persons other than the filer not under penalty 14 of perjury, the following procedures applies apply: 15 16 (1)(

A) The party filing the document must obtain the signatures of all parties 17 on a printed form of the document. The opposing party or other person 18 has signed a printed form of the document before, or on the same day 19 as, the date of filing. 20

(2) The party filing the document electronic filer must maintain the 21 original, signed document and must make it available for inspection 22 and copying as provided in (a)(b)(2) of this rule and Code of Civil 23 Procedure

section 1010.6. The court and any other party may demand 24 production of the original signed document in the manner provided in 25 (a)(b)(2)(A–C)(A)–(C). 26

(3) By electronically filing the document, the electronic filer indicates that 27 all parties have signed the document and that the filer has the signed 28 original in his or her possession.; or 29 30 (

B) The opposing party or other person has signed the document using an 31 electronic signature and that electronic signature is unique to the person 32 using it, capable of verification, under the sole control of the person 33 using it, and linked to data in such a manner that if the data are 34 changed, the electronic signature is invalidated. 35 36 (Subd (

c) amended effective January 1, 2020; adopted as subd (b); previously amended 37 effective January 1, 2007; relettered as subd (

c) effective January 1. 2019.) 38 39 40 (e)(

d) Digital signature 41 42

A party or other person is not required to use a digital signature on an electronically 1 filed document. 2 3 (Subd (

d) amended and relettered effective January 1, 2020; adopted as subd (d); 4 previously relettered as subd (

e) effective January 1, 2019.) 5 6 (f)(

e) Judicial signatures 7 8 If a document requires a signature by a court or a judicial officer, the document 9 may be electronically signed in any manner permitted by law. 10 11 (Subd (

e) relettered effective January 1, 2020; adopted as subd (

e) effective January 1, 12 2008; previously relettered as subd (

f) effective January 1, 2019.) 13 14 Rule 2.257 amended effective January 1, 2020; adopted as rule 2057 effective January 1, 2003; 15 previously amended and renumbered effective January 1, 2007; previously amended effective 16 January 1, 2008, July 1, 2016, January 1, 2018, and January 1, 2019. 17 18 Advisory Committee Comment 19 20 The requirements for electronic signatures that are compliant with the rule do not impair the 21 power of the courts to resolve disputes about the validity of a signature. 22 23 Rule 2.540. Application and scope 24 25 (a) * * * 26 27 (

b) Level of remote access 28 29

(1) A court may provide authorized persons from government entities with 30 remote access to electronic records as follows: 31 32 (A)–(M) * * * 33 34 (

N) County public conservator: criminal electronic records, mental health 35 electronic records, and probate electronic records. 36 37 (

O) County public administrator: probate electronic records. 38 39 (N)(

P) Federally recognized Indian tribe (including any reservation, 40 department, subdivision, or court of the tribe) with concurrent 41 jurisdiction: child welfare electronic records, family electronic records, 42 juvenile justice electronic records, and probate electronic records. 43

1 (O)(

Q) For good cause, a court may grant remote access to electronic 2 records in particular case types to government entities beyond those 3 listed in (b)(1)(A)–(P)(N). For purposes of this rule, “good cause” 4 means that the government entity requires access to the electronic 5 records in order to adequately perform its statutory legal duties or fulfill 6 its responsibilities in litigation. 7 8 (P)(

R) All other remote access for government entities is governed by 9 articles 2 and 3. 10 11 (2)–(3) * * * 12 13 (Subd (

b) amended effective January 1, 2020.) 14 15 (c) * * * 16 17 Rule 2.540 amended effective January 1, 2020; adopted effective January 1, 2019. 18 19 20 Rule 2.891. Periodic review of Request for court interpreter skills and professional 21 conduct credential review 22 23 Each trial court must establish a procedure for biennial, or more frequent, review of the 24 performance and skills of each court interpreter certified under Government Code

section 25 68560 et seq. The court may designate a review panel, which must include at least one 26 person qualified in the interpreter’s language. The review procedure may include 27 interviews, observations of courtroom performance, rating forms, and other evaluation 28 techniques. 29 30 Former rule 2.891.

Periodic review of court interpreter skills and professional 31 conduct [Repealed] 32 33 Rule 2.891 repealed effective January 1, 2020; adopted as rule 984 effective July 1, 1979; 34 previously amended effective January 1, 1996; previously amended and renumbered as rule 35 2.891 effective January 1, 2007. 36 37 Rule 2.891. Request for court interpreter credential review 38 39 Certified and registered court interpreters are credentialed by the Judicial Council under 40 Government Code

section 68562. The council, as the credentialing body, has authority to 41 review a credentialed interpreter’s performance, skills, and adherence to the professional 42 conduct requirements of rule 2.890, and to impose discipline on interpreters. 43

1 (

a) Purpose 2 3 This rule clarifies the council’s authority to adopt disciplinary procedures and to 4 conduct a credential review, as set out in the California Court Interpreter 5 Credential Review Procedures. 6 7 (

b) Application 8 9 Under the California Court Interpreter Credential Review Procedures, all court 10 interpreters certified or registered by the council may be subject to a credential 11 review process after a request for a credential review alleging professional 12 misconduct or malfeasance. Nothing in this rule prevents an individual California 13 court from conducting its own review of, and disciplinary process for, interpreter 14 employees under the court’s collective bargaining agreements, personnel policies, 15 rules, and procedures, or, for interpreter contractors, under the court’s contracting 16 and general administrative policies and procedures. 17 18 (

c) Procedure 19 20

(1) On a request made to the council by any person, court, or other entity for the 21 review of an interpreter’s credential for alleged professional misconduct or 22 malfeasance by an interpreter credentialed by the council, the council will 23 respond in accordance with procedures stated in the California Court 24 Interpreter Credential Review Procedures. 25 26

(2) On a request by the council in relation to allegations under investigation 27 under the California Court Interpreter Credential Review Procedures, a 28 California court is required to forward information to the council regarding a 29 complaint or allegation of professional misconduct by a certified or registered 30 court interpreter. 31 32 (

d) Disciplinary action imposed 33 34 The appropriateness of disciplinary action and the degree of discipline to be 35 imposed must depend on factors such as the seriousness of the violation, the intent 36 of the interpreter, whether there is a pattern of improper activity, and the effect of 37 the improper activity on others or on the judicial system. 38 39 Rule 2.891 adopted effective January 1, 2020. 40 41

Chapter 3. Case Management 42 43

Rule 3.720. Application 1 2 (a) * * * 3 4 (

b) Emergency sSuspension of rules 5 6 A court by local rule may exempt specified types or categories of general civil 7 cases filed before January 1, 2020, from the case management rules in this chapter, 8 provided that the court has in place alternative procedures for case processing and 9 trial setting for such actions, including, without limitation, compliance with Code 10 of Civil Procedure sections 1141.10 et seq. and 1775 et seq. The court must post 11 include the alternative procedures on in its website local rules. 12 13 (Subd (

b) amended effective January 1, 2020; adopted effective February 26, 2013; previously 14 amended effective January 1, 2016.) 15 16 (c) * * * 17 18 Rule 3.720 amended effective January 1, 2020; adopted effective January 1, 2007; previously 19 amended effective February 26, 2013, and January 1. 2016. 20 21 22 Advisory Committee Comment 23 Subdivision (

b) of this rule is an emergency measure in response to the limited fiscal resources 24 available to the courts as a result of the current fiscal crisis and is not intended as a permanent 25 change in the case management rules. 26 27 28 Rule 3.1345. Format of discovery motions 29 30 (

a) Separate statement required 31 32 Except as provided in (b), Aany motion involving the content of a discovery 33 request or the responses to such a request must be accompanied by a separate 34 statement. The motions that require a separate statement include a motion: 35 36

(1) To compel further responses to requests for admission; 37 38

(2) To compel further responses to interrogatories; 39 40

(3) To compel further responses to a demand for inspection of documents or 41 tangible things; 42 43

(4) To compel answers at a deposition; 1 2

(5) To compel or to quash the production of documents or tangible things at a 3 deposition; 4 5

(6) For medical examination over objection; and 6 7

(7) For issue or evidentiary sanctions. 8 9 (Subd (

a) amended effective January 1, 2020; previously amended effective July 1, 1987, 10 January 1, 1992, January 1, 1997, July 1, 2001, and January 1, 2007.) 11 12 (

b) Separate statement not required 13 14 A separate statement is not required under the following circumstances: 15 16 (1) wWhen no response has been provided to the request for discovery; or 17 18

(2) When a court has allowed the moving party to submit—in place of a separate 19 statement—a concise outline of the discovery request and each response in 20 dispute. 21 22 (Subd (

b) amended effective January 1, 2020; adopted effective July 1, 2001.) 23 24 (c)–(d) * * * 25 26 Rule 3.1345 amended effective January 1, 2020; adopted as rule 335 effective January 1, 1984; 27 previously amended effective July 1, 1987, January 1, 1992, January 1, 1997, and July 1, 2001; 28 previously amended and renumbered as rule 3.1020 effective January 1, 2007; previously 29 renumbered as rule 3.3145 effective January 1, 2009. 30 31 32 Standard 4.15. Vacatur relief under Penal Code

section 236.14 33 34 (

a) Request to consolidate hearings for arrests and convictions that occurred in 35 the same county 36 37

(1) The court should allow the filing of a single petition requesting vacatur relief 38 under Penal Code

section 236.14(

a) for multiple arrests and convictions that 39 occurred in the same county. 40 41

(2) The court should favor consolidating hearings for multiple arrests and 42 convictions that occurred in the same county. 43

(3) The court may require the following documentation before granting a request 2 to consolidate hearings: 3 4 (

A) An agreement between the petitioner and all of the involved state or 5 local prosecutorial agencies, as defined in Penal Code

section 6 236.14(c), to consolidate the hearings; 7 8 (

B) Documentation that states whether any of the involved state or local 9 prosecutorial agencies, as defined in Penal Code

section 236.14(c), 10 intend to file an opposition to the petition; and 11 12 (

C) Proof of service of the request to consolidate hearings on all of the 13 involved state or local prosecutorial agencies, as defined in Penal Code 14

section 236.14(c). 15 16

(4) The court should consider the following nonexclusive list of factors when 17 deciding whether to consolidate hearings: 18 19 (

A) The common questions of fact or law, if any; 20 21 (

B) The convenience of parties, witnesses, and counsel; 22 23 (

C) The efficient utilization of judicial facilities and staff resources; 24 25 (

D) The calendar of the court; and 26 27 (

E) The disadvantages of duplicative and inconsistent orders. 28 29 (

b) Confidentiality 30 31

(1) The court should designate the petition and related filings and court records 32 as confidential. 33 34

(2) At the hearing or any other proceeding accessible to the public, the court 35 should consider implementing procedures consistent with Penal Code

section 36 236.14(q), such as ordering the identity of the petitioner to be either “Jane 37 Doe” or “John Doe.” 38 39 (

c) Initial court review and orders 40 41

(1) After 45 days from the filing of the petition, the court should conduct an 1 initial review of the case. Concurrent with granting or denying a request to 2 consolidate hearings, the court should: 3 4 (

A) Grant relief without a hearing when the prosecuting agency files 5 no opposition within 45 days from the date of service and the 6 court finds that the petitioner meets the requirements for relief; 7 8 (

B) Set a hearing date if an opposition is filed or a hearing is 9 otherwise warranted; or 10 11 (

C) Deny the petition without prejudice if the petitioner fails to 12 provide the information required by Penal Code

section 13 236.14(b). 14 15 (

d) Notification 16 17

(1) The court should timely notify the petitioner and prosecuting agency of its 18 decisions under subdivision (c)(1). 19 20

(2) The court should timely notify the relevant probation department of any 21 decision to terminate probation. 22 23 (

e) Additional relief 24 25 When granting the petition for vacatur relief under Penal Code

section 236.14(a), 26 the court should consider ordering the following additional relief, including, but not 27 limited to: 28 29 Standard 4.15 adopted effective January 1, 2020. 30 31 32 Rule 4.130. Mental competency proceedings 33 34 (a) * * * 35 36 (

b) Initiation of mental competency proceedings 37 38 (1)–(2) * * * 39 40

(3) In a felony case, if the judge initiates mental competency proceedings prior to 41 the preliminary examination, counsel for the defendant may request a 42 preliminary examination as provided in Penal Code

section 1368.1(a)(1), or 43

counsel for the People may request a determination of probable cause as 1 provided in Penal Code

section 1368.1(a)(2) and rule 4.131. 2 3 (Subd (

b) amended effective January 1, 2020.) 4 5 (

c) Effect of initiating mental competency proceedings 6 7

(1) If mental competency proceedings are initiated, criminal proceedings are 8 suspended and may not be reinstated until a trial on the competency of the 9 defendant has been concluded and the defendant either: is found mentally 10 competent at a trial conducted under Penal Code

section 1369, at a hearing 11 conducted under Penal Code

section 1370(a)(1)(G), or at a hearing following 12 a certification of restoration under Penal Code

section 1372. 13 14 (

A) Is found mentally competent; or 15 16 (

B) Has his or her competency restored under Penal Code

section 1372. 17 18 (2)–(3) * * * 19 20 (Subd (

c) amended effective January 1, 2020.) 21 22 (

d) Examination of defendant after initiation of mental competency proceedings 23 24

(1) On initiation of mental competency proceedings, the court must inquire 25 whether the defendant, or defendant’s counsel, seeks a finding of mental 26 incompetence. 27 28

(2) Any court-appointed experts must examine the defendant and advise the 29 court on the defendant’s competency to stand trial. Experts’ reports are to be 30 submitted to the court, counsel for the defendant, and the prosecution. The 31 report must include the following: 32 33 (

A) A brief statement of the examiner’s training and previous experience as 34 it relates to examining the competence of a criminal defendant to stand 35 trial and preparing a resulting report; 36 37 (

B) A

summary of the examination conducted by the examiner on the 38 defendant, including a

summary of the defendant’s mental status, a 39 current diagnosis under the most recent version of the Diagnostic and 40 Statistical Manual of Mental Disorders, if possible, of the defendant’s 41 current mental disorder or disorders, and a statement as to whether 42 symptoms of the mental disorder or disorders which motivated the 43

defendant’s behavior would respond to mental health treatment 1

summary of the defendant's mental status; 2 3 (C)–(G) * * * 4 5

(3) Statements made by the defendant during the examination to experts 6 appointed under this rule, and products of any such statements, may not be 7 used in a trial on the issue of the defendant’s guilt or in a sanity trial should 8 defendant enter a plea of not guilty by reason of insanity. 9 10 (Subd (

d) amended effective January 1, 2020; previously amended effective January 1, 11 2018.) 12 13 (e) * * * 14 15 (

f) Posttrial procedure 16 17

(1) If the defendant is found mentally competent, the court must reinstate the 18 criminal proceedings. 19 20

(2) If the defendant is found to be mentally incompetent, the criminal 21 proceedings remain suspended and the court must follow the procedures 22 stated in Penal Code

section 1370 et seq. either issue an order committing the 23 person for restoration treatment under the provisions of the governing statute, 24 or, in the case of a person eligible for commitment under Penal Code sections 25 1370 or 1370.01, may consider placing the committed person on a program 26 of diversion. 27 28 (Subd (

f) amended effective January 1, 2020.) 29 30 (

g) Diversion of a person eligible for commitment under

section 1370 or 1370.01 31 32

(1) After the court finds that the defendant is mentally incompetent and before 33 the defendant is transported to a facility for restoration under

section 34 1370(a)(1)(B)(i), the court may consider whether the defendant may benefit 35 from diversion under Penal Code

section 1001.36. The court may set a 36 hearing to determine whether the defendant is an appropriate candidate for 37 diversion. When determining whether to exercise its discretion to grant 38 diversion under this section, the court may consider previous records of 39 participation in diversion under

section 1001.36. 40 41

(2) The maximum period of diversion after a finding that the defendant is 42 incompetent to stand trial is the lesser of two years or the maximum time for 43

restoration under Penal Code

section 1370(c)(1) (for felony offenses) or 1 1370.01(c)(1) (for misdemeanor offenses). 2 3

(3) The court may not condition a grant of diversion for defendant found to be 4 incompetent on either: 5 6 (

A) The defendant’s consent to diversion, either personally, or through 7 counsel; or 8 9 (

B) A knowing and intelligent waiver of the defendant’s statutory right to a 10 speedy trial, either personally, or through counsel. 11 12

(4) A finding that the defendant suffers from a mental disorder or disorders 13 rendering the defendant eligible for diversion, any progress reports 14 concerning the defendant’s treatment in diversion, or any other records 15 related to a mental disorder or disorders that were created as a result of 16 participation in, or completion of, diversion or for use at a hearing on the 17 defendant’s eligibility for diversion under this section, may not be used in 18 any other proceeding without the defendant’s consent, unless that information 19 is relevant evidence that is admissible under the standards described in

article 20 I,

section 28(f)(2) of the California Constitution. 21 22

(5) If, during the period of diversion, the court determines that criminal 23 proceedings should be reinstated under Penal Code

section 1001.36(d), the 24 court must, under Penal Code

section 1369, appoint a psychiatrist, licensed 25 psychologist, or any other expert the court may deem appropriate, to examine 26 the defendant and return a report, opining on the defendant’s competence to 27 stand trial. The expert’s report must be provided to counsel for the People 28 and to the defendant’s counsel. 29 30 (

A) On receipt of the evaluation report, the court must conduct an inquiry 31 into the defendant’s current competency, under the procedures set forth 32 in (h)(2) of this rule. 33 34 (

B) If the court finds by a preponderance of the evidence that the defendant 35 is mentally competent, the court must hold a hearing as set forth in 36 Penal Code

section 1001.36(d). 37 38 (

C) If the court finds by a preponderance of the evidence that the defendant 39 is mentally incompetent, criminal proceedings must remain suspended, 40 and the court must order that the defendant be committed, under Penal 41 Code

section 1370 (for felonies) or 1370.01 (for misdemeanors), and 42 placed for restoration treatment. 43

1 (

D) If the court concludes, based on substantial evidence, that the defendant 2 is mentally incompetent and is not likely to attain competency within 3 the time remaining before the defendant’s maximum date for returning 4 to court, and has reason to believe the defendant may be gravely 5 disabled, within the meaning of Welfare and Institutions Code

section 6 5008(h)(1), the court may, instead of issuing a commitment order under 7 Penal Code sections 1370 or 1370.01, refer the matter to the 8 conservatorship investigator of the county of commitment to initiate 9 conservatorship proceedings for the defendant under Welfare and 10 Institutions Code

section 5350 et seq. 11 12

(6) If the defendant performs satisfactorily and completes diversion, the case 13 must be dismissed under the procedures stated in Penal Code

section 14 1001.36, and the defendant must no longer be deemed incompetent to stand 15 trial. 16 17 (Subd (

g) adopted effective January 1, 2020.) 18 19 (

h) Posttrial hearings on competence 20 21

(1) If, at any time after the court has declared a defendant incompetent to stand 22 trial, and counsel for the defendant, or a jail medical or mental health staff 23 provider, provides the court with substantial evidence that the defendant’s 24 psychiatric symptoms have changed to such a degree as to create a doubt in 25 the mind of the judge as to the defendant’s current mental incompetence, the 26 court may appoint a psychiatrist or a licensed psychologist to examine the 27 defendant and, in an examination with the court, opine as to whether the 28 defendant has regained competence. 29 30

(2) On receipt of the evaluation report, the court must direct the clerk to serve a 31 copy on counsel for the People and counsel for the defendant. If, in the 32 opinion of the appointed expert, the defendant has regained competence, the 33 court must conduct a hearing, as if a certificate of restoration of competence 34 had been filed under Penal Code

section 1372(a)(1), except that a 35 presumption of competency does not apply. At the hearing, the court may 36 consider any evidence, presented by any party, which is relevant to the 37 question of the defendant’s current mental competency. 38 39 (

A) At the conclusion of the hearing, if the court finds that it has been 40 established by a preponderance of the evidence that the defendant is 41 mentally competent, the court must reinstate criminal proceedings. 42 43

(

B) At the conclusion of the hearing, if the court finds that it has not been 1 established by a preponderance of the evidence that the defendant is 2 mentally competent, criminal proceedings must remain suspended. 3 4 (

C) The court’s findings on the defendant’s mental competency must be 5 stated on the record and recorded in the minutes. 6 7 (Subd (

h) adopted effective January 1, 2020.) 8 9 Rule 4.130 amended effective January 1, 2018; adopted effective January 1, 2007. 10 11 Advisory Committee Comment 12 * * * 13 14 Rule 5.225. Appointment requirements for child custody evaluators 15 16 (a)–(b) * * * 17 18 (

c) Licensing requirements 19 20 A person appointed as a child custody evaluator meets the licensing criteria 21 established by Family Code

section 3110.5(c)(1)–(5), if: 22 23

(1) The person is licensed as a: 24 25 (

A) Physician and either is either a board-certified psychiatrist or has 26 completed a residency in psychiatry; 27 28 (

B) Psychologist; 29 30 (

C) Marriage and family therapist; or 31 32 (

D) Clinical social worker.; or 33 34 (

E) Professional clinical counselor qualified to assess couples and families. 35 36 (2) * * * 37 38 (Subd (

c) amended effective January 1, 2020; adopted effective January 1, 2007; 39 previously amended effective January 1, 2015.) 40 41 (d)–(o) * * * 42 43

Rule 5.225 amended effective January 1, 2020; adopted as rule 1257.4 effective January 1, 2002; 1 renumbered as rule 5.225 effective January 1, 2003; previously amended effective January 1, 2 2005, January 1, 2007, January 1, 2011, January 1, 2015, and January 1, 2016. 3 4 Rule 5.305. Hearing of matters by a judge under Family Code sections 4251(

a) and 5 4252(b)(7) 6 7 (a) * * * 8 9 (

b) Duty of judge hearing matter 10 11 A judge hearing a title IV-D support action under this rule and Family Code 12 sections 4251(

a) and 4252(b)(7) must may make an order or may make an interim 13 order and refer the matter to the commissioner for further proceedings when 14 appropriate. As long as a local child support agency is a party to the action, any 15 future proceedings must be heard by a commissioner, unless the commissioner is 16 unavailable because of exceptional circumstances. 17 18 (Subd (

b) amended effective January 1, 2020; previously amended effective January 1, 19 2003, and January 1, 2007.) 20 21 (c) * * * 22 23 Rule 5.305 amended effective January 1, 2020; adopted as rule 1280.1 effective July 1, 1997; 24 previously amended and renumbered effective January 1, 2003; previously amended effective 25 January 1, 2007. 26 27 28 Rule 5.275. Standards for computer software to assist in determining support 29 30 (a) * * * 31 32 (

b) Standards 33 34 The standards for computer software to assist in determining the appropriate 35 amount of child or spousal support are: 36 37 (1)–(5) * * * 38 39

(6) The printout of the calculator results must display, on the first page of the 40 results, the range of the low-income adjustment as permitted by Family Code 41

section 4055(b)(7), if the low-income adjustment applies. If the software 42 generates more than one report of the calculator results, the range of the low-43

income adjustment only must be displayed on the report that includes the user 1 inputs. 2 3 (6)

(7) The software or a license to use the software must be available to persons 4 without restriction based on profession or occupation. 5 6 (7)

(8) The sale or donation of software or a license to use the software to a court or 7 a judicial officer must include a license, without additional charge, to the 8 court or judicial officer to permit an additional copy of the software to be 9 installed on a computer to be made available by the court or judicial officer to 10 members of the public. 11 12 (Subd (

b) amended effective January 1, 2020; previously amended effective January 1, 13 2003, and January 1, 2007.) 14 15 (c)–(h) * * * 16 17 (

i) Application 18 19 An application for certification must be on a form supplied by the Judicial Council 20 and must be accompanied by an application fee of $250. A person seeking 21 certification of software must apply in writing to the Judicial Council. 22 23 (Subd (

i) amended effective January 1, 2020; previously amended January 1, 2003.) 24 25 (j) * * * 26 27 Rule 5.275 amended effective January 1, 2020; adopted as rule 1258 effective December 1, 1993; 28 previously amended and renumbered as rule 5.275 effective January 1, 2003; previously 29 amended effective January 1, 2000, January 1, 2007, January 1, 2009, and January 1, 2016. 30 31 Rule 5.350. Procedures for hearings to cancel (set aside) voluntary declarations of 32 parentage or paternity when no previous action has been filed 33 34 (

a) Purpose 35 36 This rule provides a procedure for a hearing to cancel (set aside) a voluntary 37 declaration of parentage or paternity under Family Code sections 7575(c) 7576 and 38 7577. 39 40 (Subd (

a) amended effective January 1, 2020.) 41 42

(

b) Filing of request for hearing 1 2 A person who has signed a voluntary declaration of parentage or paternity, or a 3 local child support agency another interested party, may ask that the declaration be 4 canceled (set aside) by filing a completed Request for Hearing and Application to 5 Cancel (Set Aside) Voluntary Declaration of Parentage or Paternity (form FL-6 280). 7 8 (Subd (

b) amended effective January 1, 2020; previously amended effective January 1, 9 2003, and January 1, 2006.) 10 11 (c) * * * 12 13 (

d) Notice of hearing 14 15 The person who is asking that the voluntary declaration of parentage or paternity be 16 canceled (set aside) must serve, either by personal service or by mail, a copy of the 17 request for hearing and a blank Responsive Declaration to Application to Cancel 18 (Set Aside) Voluntary Declaration of Parentage or Paternity (form FL-285) on the 19 other person or people who signed the voluntary declaration of parentage or 20 paternity. If the local child support agency is providing services in the case, the 21 person requesting the set-aside must also serve a copy of the request for hearing on 22 the agency. 23 24 (Subd (

d) amended effective January 1, 2020; previously amended effective January 1, 25 2003.) 26 27 (

e) Order after hearing 28 29 The decision of the court must be written on the Order After Hearing on Motion to 30 Cancel (Set Aside) Voluntary Declaration of Parentage or Paternity (form FL -31 290). If the voluntary declaration of parentage or paternity is canceled (set aside), 32 the clerk must mail a copy of the order to the Department of Child Support Services 33 in order that the voluntary declaration of parentage or paternity be purged from the 34 records. 35 36 (Subd (

e) amended effective January 1, 2020; previously amended effective January 1, 37 2003.) 38 39 (

f) Use of court file in subsequent proceedings 40 41 Pleadings in any subsequent proceedings, including but not limited to proceedings 42 under the Uniform Parentage Act, that involve the parties and child named in the 43

voluntary declaration of parentage or paternity must be filed in the court file that 1 was initiated by the filing of the Request for Hearing and Application to Cancel 2 (Set Aside) Voluntary Declaration of Parentage or Paternity (form FL-280). 3 4 (Subd (

f) amended effective January 1, 2020; previously amended effective January 1, 5 2003.) 6 7 Rule 5.350 amended effective January 1, 2020; adopted as rule 1280.10 effective July 1, 2000; 8 previously amended and renumbered effective January 1, 2003; previously amended effective 9 January 1, 2006, and January 1, 2007. 10 11 Title 5. Family and Juvenile Rules 12 13 Division 1. Family Rules 14 15

Chapter 19. Minor Marriage or Domestic Partnership 16 17

Article 1. General Provisions 18 19 Rule 5.448. Minor’s request to marry or establish a domestic partnership 20 21 (

a) Application 22 23

(1) This rule implements Family Code sections 297.1, 303, and 304, allowing a 24 person under 18 years of age (a minor) to seek a court order for permission to 25 marry or establish a domestic partnership. 26 27

(2) The responsibilities of Family Court Services under (

c) apply equally to 28 courts that adopt a confidential child custody mediation program, 29 recommending child custody counseling, or a tiered/hybrid program. 30 31

(3) For the purpose of this rule, the terms “parent” and “parent with legal 32 authority” are used interchangeably. 33 34 (

b) Required initial filings 35 36

(1) The minor and the minor’s proposed spouse or domestic partner must 37 complete and file with the court clerk a Request of Minor to Marry or 38 Establish a Domestic Partnership (form FL-910). 39 40

(2) Unless the minor has no parent or legal guardian capable of consenting, each 41 minor must file, in addition to form FL-910, the written consent from a parent 42 with legal authority to provide consent or a legal guardian. Consent for Minor 43

to Marry or Establish a Domestic Partnership (form FL-912) may be used 1 for this purpose. 2 3 (

c) Responsibilities of Family Court Services 4 5 Unless the minor is 17 years of age and has achieved a high school diploma or a 6 high school equivalency certificate, Family Court Services must: 7 8

(1) Interview the parties intending to marry or establish a domestic partnership. 9 10 (

A) The parties must initially be interviewed separately; and 11 12 (

B) The parties may subsequently be interviewed together. 13 14

(2) Interview at least one of the parents or the legal guardian of each party who is 15 a minor, if the minor has a parent or legal guardian. If more than one parent 16 or legal guardian is interviewed, the parents or guardians must be interviewed 17 separately. 18 19

(3) Inform the parties that Family Court Services must: 20 21 (

A) Prepare a written report, including recommendations for granting or 22 denying the parties permission to marry or establish a domestic 23 partnership; 24 25 (

B) Provide the parties and the court with a copy of the report; and 26 27 (

C) Submit a report of known or suspected child abuse or neglect to the 28 county child protective services agency if Family Court Services knows 29 or reasonably suspects that either party is a victim of child abuse or 30 neglect. 31 32

(4) Prepare a written report, which must: 33 34 (

A) Include an assessment of any potential force, threat, persuasion, fraud, 35 coercion, or duress by either of the parties or their family members 36 relating to the intended marriage or domestic partnership; 37 38 (

B) Include recommendations for granting or denying the parties 39 permission to marry or establish a domestic partnership; and 40 41 (

C) Be submitted to the parties and the court. 42 43

(5) Protect party confidentiality in: 1 2 (

A) Storage and disposal of records and any personal information gathered 3 during the interviews; and 4 5 (

B) Management of written reports containing recommendations for either 6 granting or denying permission for a minor to marry or establish a 7 domestic partnership. 8 9 (

d) Responsibilities of judicial officer 10 11 In determining whether to issue a court order granting permission for the minor to 12 marry or establish a domestic partnership: 13 14

(1) The judicial officer must: 15 16 (

A) If Family Court Services is required to interview the parties, do the 17 following before making a final determination: 18 19 (

i) Separately and privately interview each of the parties; and 20 21 (ii) Consider whether there is any evidence of coercion or undue 22 influence on the minor. 23 24 (

B) Complete Order and Notices to Minor on Request to Marry or 25 Establish a Domestic Partnership (form FL-915). 26 27

(2) The judicial officer may order that the parties: 28 29 (

A) Appear at a hearing to consider whether it is in the best interest of the 30 minor to marry or establish a domestic partnership. 31 32 (

B) Participate in counseling concerning the social, economic, and personal 33 responsibilities incident to the marriage or domestic partnership before 34 the marriage or domestic partnership is established. The judicial 35 officer: 36 37 (

i) Must not require the parties to confer with counselors provided 38 by religious organizations of any denomination; 39 40 (ii) Must consider, among other factors, the ability of the parties to 41 pay for the counseling in determining whether to order the parties 42 to participate in counseling; 43

1 (iii) May impose a reasonable fee to cover the cost of any counseling 2 provided by the county or the court; and 3 4 (iv) May require the parties to file a certificate of completion of 5 counseling before granting permission to marry or establish a 6 domestic partnership. 7 8 (

e) Waiting period 9 10 After obtaining a court order granting a minor permission to marry or establish a 11 domestic partnership, the parties must wait 30 days from the date the court made 12 the order before filing a marriage license or filing a declaration of domestic 13 partnership. This waiting period is not required if the minor is: 14 15 (1) 17 years of age and has a high school diploma or a high school equivalency 16 certificate; or 17 18 (2) 16 or 17 years of age and is pregnant or whose prospective spouse or 19 domestic partner is pregnant. 20 21 Rule 5.448 adopted effective January 1, 2020. 22 23 Rule 5.480. Application 24 25 This

chapter addressing the Indian Child Welfare Act (25 United States Code

section 26 U.S.C. § 1901 et seq.) as codified in various sections of the California Family Code, 27 Probate Code, and Welfare and Institutions Codes, applies to most proceedings involving 28 Indian children that may result in an involuntary foster care placement; guardianship or 29 conservatorship placement; custody placement under Family Code

section 3041; 30 declaration freeing a child from the custody and control of one or both parents; 31 termination of parental rights; preadoptive placement; or adoptive placement. This 32

chapter applies to: 33 34 * * * 35 Rule 5.480 amended effective January 1, 2020; adopted effective January 1, 2008; previously 36 amended effective January 1, 2013, and July 1, 2003. 37 38 Rule 5.481. Inquiry and notice 39 40 (

a) Inquiry 41 42

The court, court-connected investigator, and party seeking a foster-care placement, 1 guardianship, conservatorship, custody placement under Family Code

section 3041, 2 declaration freeing a child from the custody or control of one or both parents, 3 termination of parental rights, preadoptive placement, or adoption have an 4 affirmative and continuing duty to inquire whether a child is or may be an Indian 5 child in all proceedings identified in rule 5.480. The court, court-connected 6 investigator, and party include the county welfare department, probation 7 department, licensed adoption agency, adoption service provider, investigator, 8 petitioner, appointed guardian or conservator of the person, and appointed 9 fiduciary. 10 11

(1) The party seeking a foster-care placement, guardianship, conservatorship, 12 custody placement under Family Code

section 3041, declaration freeing a 13 child from the custody or control of one or both parents, termination of 14 parental rights, preadoptive placement, or adoption must ask the child, if the 15 child is old enough, and the parents, Indian custodian, or legal guardians, 16 extended family members, others who have an interest in the child, and 17 where applicable the party reporting child abuse or neglect, whether the child 18 is or may be an Indian child and whether the residence or domicile of the 19 child, the parents, or Indian custodian is on a reservation or in an Alaska 20 Native village, and must complete the Indian Child Inquiry Attachment (form 21 ICWA-010(A)) and attach it to the petition unless the party is filing a 22 subsequent petition, and there is no new information. 23 24

(2) At the first appearance by a parent, Indian custodian, or guardian, and all 25 other participants in any dependency case; or in juvenile wardship 26 proceedings in which the child is at risk of entering foster care or is in foster 27 care; or at the initiation of any guardianship, conservatorship, proceeding for 28 custody under Family Code

section 3041, proceeding to terminate parental 29 rights, proceeding to declare a child free of the custody and control of one or 30 both parents, preadoptive placement, or adoption proceeding; and at each 31 hearing that may culminate in an order for foster care placement, termination 32 of parental rights, preadoptive placement or adoptive placement, as described 33 in Welfare and Institutions Code

section 224.1(d)(1), or that may result in an 34 order for guardianship, conservatorship, or custody under Family Code 35

section 3041; the court must: 36 37 (

A) Ask each participant present whether the participant knows or has 38 reason to know the child is an Indian child; 39 40 (

B) Instruct the parties to inform the court if they subsequently receive 41 information that provides reason to know the child is an Indian child; 42 and 43

1 (

C) Order the parent, Indian custodian, or guardian, if available, to 2 complete Parental Notification of Indian Status (form ICWA-020). 3 4 (3) * * * 5 6

(4) If the social worker, probation officer, licensed adoption agency, adoption 7 service provider, investigator, or petitioner knows or has reason to know or 8 believe that an Indian child is or may be involved, that person or entity must 9 make further inquiry as soon as practicable by: 10 11 (

A) Interviewing the parents, Indian custodian, and “extended family 12 members” as defined in 25 United States Code sections 1901 and 13 1903(2), to gather the information listed in Welfare and Institutions 14 Code

section 224.2(a)(5) 224.3(a)(5), Family Code

section 180(b)(5), 15 or Probate Code

section 1460.2(b)(5), which is required to complete the 16 Notice of Child Custody Proceeding for Indian Child (form ICWA-17 030); 18 19 (B) * * * 20 21 (

C) Contacting the tribes and any other person that who reasonably can be 22 expected to have information regarding the child’s membership status 23 or eligibility. These contacts must at a minimum include the contacts 24 and sharing of information listed in Welfare and Institutions Code 25

section 224.2(e)(3). 26 27

(5) The petitioner must on an ongoing basis include in its filings a detailed 28 description of all inquiries, and further inquiries it has undertaken, and all 29 information received pertaining to the child’s Indian status, as well as 30 evidence of how and when this information was provided to the relevant 31 tribes. Whenever new information is received, that information must be 32 expeditiously provided to the tribes. 33 34

(5) The circumstances that may provide reason to know the child is an Indian 35 child include the following: 36 37 (

A) The child or a person having an interest in the child, including an 38 Indian tribe, an Indian organization, an officer of the court, a public or 39 private agency, or a member of the child’s extended family, informs or 40 otherwise provides information suggesting that the child is an Indian 41 child to the court, the county welfare agency, the probation department, 42

the licensed adoption agency or adoption service provider, the 1 investigator, the petitioner, or any appointed guardian or conservator 2 3 (

B) The residence or domicile of the child, the child’s parents, or an Indian 4 custodian is or was in a predominantly Indian community; or 5 6 (

C) The child or the child’s family has received services or benefits from a 7 tribe or services that are available to Indians from tribes or the federal 8 government, such as the U.S. Department of Health and Human 9 Services, Indian Health Service, or Tribal Temporary Assistance to 10 Needy Families benefits. 11 12 (Subd (

a) amended effective January 1, 2020; previously amended effective January 1, 2013.) 13 14 (

b) Reason to know the child is an Indian child 15 16

(1) There is reason to know a child involved in a proceeding is an Indian child if: 17 18 (

A) A person having an interest in the child, including the child, an officer 19 of the court, a tribe, an Indian organization, a public or private agency, 20 or a member of the child’s extended family informs the court the child 21 is an Indian child; 22 23 (

B) The residence or domicile of the child, the child’s parents, or Indian 24 custodian is on a reservation or in an Alaska Native village; 25 26 (

C) Any participant in the proceeding, officer of the court, Indian tribe, 27 Indian organization, or agency informs the court that it has discovered 28 information indicating that the child is an Indian child; 29 30 (

D) The child who is the subject of the proceeding gives the court reason to 31 know he or she is an Indian child; 32 33 (

E) The court is informed that the child is or has been a ward of a tribal 34 court; or 35 36 (

F) The court is informed that either parent or the child possesses an 37 identification card indicating membership or citizenship in an Indian 38 tribe. 39 40

(2) When there is reason to know the child is an Indian child, but the court does 41 not have sufficient evidence to determine that the child is or is not an Indian 42 child, the court must confirm, by way of a report, declaration, or testimony 43

included in the record that the agency or other party used due diligence to 1 identify and work with all of the tribes of which there is reason to know the 2 child may be a member, or eligible for membership, to verify whether the 3 child is in fact a member or whether a biological parent is a member and the 4 child is eligible for membership. Due diligence must include the further 5 inquiry and tribal contacts discussed in (a)(4) above. 6 7

(3) Upon review of the evidence of due diligence, further inquiry, and tribal 8 contacts, if the court concludes that the agency or other party has fulfilled its 9 duty of due diligence, further inquiry, and tribal contacts, the court may: 10 11 (

A) Find there is no reason to know the child is an Indian child and the 12 Indian Child Welfare Act does not apply. Notwithstanding this 13 determination, if the court or a party subsequently receives information 14 that was not previously available relevant to the child’s Indian status, 15 the court must reconsider this finding; or 16 17 (

B) Find it is known the child is an Indian child, and that the Indian Child 18 Welfare Act applies, and order compliance with the requirements of the 19 act, including notice in accordance with (

c) below; or 20 21 (

C) Find there is reason to know the child is an Indian child, order notice in 22 accordance with (

c) below, and treat the child as an Indian child unless 23 and until the court determines on the record that the child is not an 24 Indian child. 25 26

(4) A determination by an Indian tribe that a child is or is not a member of, or 27 eligible for membership in, that tribe, or testimony attesting to that status by a 28 person authorized by the tribe to provide that determination, must be 29 conclusive. Information that the child is not enrolled, or is not eligible for 30 enrollment in, the tribe is not determinative of the child’s membership status 31 unless the tribe also confirms in writing that enrollment is a prerequisite for 32 membership under tribal law or custom. 33 34 (Subd (

b) adopted effective January 1, 2020.) 35 36 (c)(

b) Notice 37 38

(1) If it is known or there is reason to know that an Indian child is involved in a 39 proceeding listed in rule 5.480, except for a wardship proceeding under 40 Welfare and Institutions Code sections 601 and 602 et seq., the social worker, 41 petitioner, or in probate guardianship and conservatorship proceedings, if the 42 petitioner is unrepresented, the court, must send Notice of Child Custody 43

Proceeding for Indian Child (form ICWA-030) to the parent or legal 1 guardian and Indian custodian of an Indian child, and the Indian child’s tribe, 2 in the manner specified in Welfare and Institutions Code

section 224.2 224.3, 3 Family Law Code

section 180, and Probate Code

section 1460.2 for all initial 4 hearings that may result in the foster care placement, termination of parental 5 rights, preadoptive placement, or adoptive placement, or an order of 6 guardianship, conservatorship, or custody under Family Code

section 3041. 7 For all other hearings, and for continued hearings, notice must be provided to 8 the child’s parents, legal guardian or Indian custodian, and tribe in 9 accordance with Welfare and Institutions Code sections 292, 293, and 295. 10 11 (2) * * * 12 13

(3) The circumstances that may provide reason to know the child is an Indian 14 child include the circumstances specified in (a)(5)(b)(1). 15 16 (4) * * * 17 18 (Subd (

c) relettered and amended effective January 1, 2020; adopted as subd (b); 19 previously amended effective January 1, 2013 and July 1, 2013.) 20 21 Rule 5.481 amended effective January 1, 2020; adopted effective January 1, 2008; previously 22 amended effective January 1, 2013, and July 1, 2013. 23 24 Advisory Committee Comment 25 26 Federal regulations (25 C.F.R. § 23.105) and state law (Welf. & Inst. Code, § 224.2(e)) contain 27 detailed recommendations for contacting tribes to fulfill the obligations of inquiry, due diligence, 28 information sharing, and notice under the Indian Child Welfare Act and state law. 29 30 31 Rule 5.482. Proceedings after notice 32 33 (

a) Timing of proceedings 34 35

(1) If it is known or there is reason to know that a child is an Indian child, the a 36 court hearing that may result in a foster care placement, termination of 37 parental rights, preadoptive placement, or adoptive placement must not 38 proceed until at least 10 days after the parent, Indian custodian, the tribe, or 39 the Bureau of Indian Affairs have has received notice, except as stated in 40 sections (a)(2) and (3). 41 42

(2) The detention hearing in dependency cases and in delinquency cases in which 1 the probation officer has assessed that the child is in foster care or it is 2 probable the child will be entering foster care described by rule 5.480(2)(A)– 3 (

C) may proceed without delay, provided that: 4 5 (

A) Notice of the detention hearing must be given as soon as possible after 6 the filing of the petition initiating the proceeding; and 7 8 (

B) Proof of notice must be filed with the court within 10 days after the 9 filing of the petition. 10 11

(3) The parent, Indian custodian, or tribe must be granted a continuance, if 12 requested, of up to 20 days to prepare for the proceeding, except for specified 13 hearings in the following circumstances: 14 15 (

A) The detention hearing in dependency cases and in delinquency cases 16 described by rule 5.480(2)(A)–(C); 17 18 (

B) The jurisdiction hearing in a delinquency case described by rule 19 5.480(2)(A)–(

C) in which the court finds the continuance would not 20 conform to speedy trial considerations under Welfare and Institutions 21 Code

section 657; and 22 23 (

C) The disposition hearing in a delinquency case described by rule 24 5.480(2)(A)–(

C) in which the court finds good cause to deny the 25 continuance under Welfare and Institutions Code

section 682. A good 26 cause reason includes when probation is recommending the release of a 27 detained child to his or her parent or to a less restrictive placement. The 28 court must follow the placement preferences under rule 5.484 5.485 29 when holding the disposition hearing. 30 31 (Subd (

a) amended effective January 1, 2020; previously amended effective January 1, 32 2013, and July 1, 2013.) 33 34 (

b) Proof of notice 35 36 Proof of notice in accordance with this rule must be filed with the court in advance 37 of the hearing, except for those excluded by (a)(2) and (3), and must include Notice 38 of Child Custody Proceeding for Indian Child (form ICWA-030), return receipts, 39 and any responses received from the Bureau of Indian Affairs and tribes. 40 41 (Subd (

b) amended effective January 1, 2020; previously amended effective January 1, 42 2013.) 43

1 (

c) When there is no information or response from a tribe Determination of 2 applicability of the Indian Child Welfare Act 3 4

(1) If after notice has been provided as required by federal and state law and 5 neither the tribe nor the Bureau of Indian Affairs has provided a 6 determinative response within 60 days after receiving that notice, then the 7 court may determine that the Indian Child Welfare Act does not apply to the 8 proceedings, provided that the court must reverse its determination of the 9 inapplicability of the act and must apply it prospectively if a tribe or the 10 Bureau of Indian Affairs subsequently confirms that the child is an Indian 11 child. If the court finds that proper and adequate inquiry, further inquiry, and 12 due diligence were conducted under Welfare and Institutions Code

section 13 224.2 and, if applicable, notice provided under Welfare and Institutions Code 14

section 224.3, and the court determines there is no reason to know the child is 15 an Indian child, the court may make a finding that the Indian Child Welfare 16 Act does not apply to the proceedings. 17 18

(2) If at any time, based on the petition or other information, the court knows or 19 has reason to know the child is an Indian child, the court must proceed as if 20 the child were an Indian child. The determination of the court that the Indian 21 Child Welfare Act does not apply in (c)(1) is subject to reversal based on 22 sufficiency of the evidence. The court must reverse its determination if it 23 subsequently receives information providing reason to believe that the child 24 is an Indian child and order the social worker or probation officer to conduct 25 further inquiry under Welfare and Institutions Code

section 224.3. 26 27

(3) The court is not required to delay proceedings until a response to notice is 28 received. 29 30 (Subd (

c) amended effective January 1, 2020; adopted as subd (d); previously amended 31 effective January 1, 2013; previously relettered as subd (

c) effective August 15, 2016.) 32 33 (

d) Intervention 34 35 The Indian child’s tribe and Indian custodian may are entitled to intervene, orally or 36 in writing, at any point in the proceedings. and The tribe may, but are is not 37 required to, file with the court the Notice of Designation of Tribal Representative 38 and Notice of Intervention in a Court Proceeding Involving an Indian Child (form 39 ICWA-040) to give notice of their its intent to intervene. 40 41 (Subd (

d) amended effective January 1, 2016; adopted as subd (e); previously amended 42 effective January 1, 2013; previously relettered as subd (

d) effective August 15, 2016.) 43

1 (e) * * * 2 3 (

f) Consultation with tribe 4 5 Any person or court involved in the placement of an Indian child in a proceeding 6 described by rule 5.480 must use the services of the Indian child’s tribe, whenever 7 available through the tribe, in seeking to secure placement within the order of 8 placement preference specified in rule 5.484 5.485. 9 10 (Subd (

f) amended effective January 1, 2020; adopted as subd (g); previously amended 11 effective July 1, 2013; previously relettered as subd (

f) effective August 15, 2016.) 12 13 Rule 5.482 amended effective January 1, 2020; adopted effective January 1, 2008; previously 14 amended effective January 1, 2013, July 1, 2013, and August 15, 2016. 15 16 17 Rule 5.483. Dismissal and transfer of case 18 19 (

a) Mandatory transfer of case to tribal court with Dismissal when tribal court 20 has exclusive jurisdiction 21 22 The court must order transfer of a case to the tribal court of the child’s tribe if: 23 Subject to the terms of any agreement between the state and the tribe under 25 24 United States Code

section 1919: 25 26

(1) The Indian child is a ward of the tribal court; If the court receives information 27 at any stage of the proceeding suggesting that the Indian child is already the 28 ward of the tribal court or The Indian child is domiciled or resides within a 29 reservation of an Indian tribe that has exclusive jurisdiction over Indian child 30 custody proceedings under 25 United States Code

section 1911 or 1918 of 31 title 25 of the United States Code, the court must expeditiously notify the 32 tribe and the tribal court that it intends to dismiss the case upon receiving 33 confirmation from the tribe or tribal court that the child is a ward of the tribal 34 court or subject to the tribe’s exclusive jurisdiction. 35 36

(2) When the court receives confirmation that the child is already a ward of a 37 tribal court or is subject to the exclusive jurisdiction of an Indian tribe, the 38 state court must dismiss the proceeding and ensure that the tribal court is sent 39 all information regarding the proceeding, including, but not limited to, the 40 pleadings and any state court record. If the local agency has not already 41 transferred physical custody of the Indian child to the child’s tribe, the state 42 court must order that the local agency do so forthwith and hold in abeyance 43

any dismissal order pending confirmation that the Indian child is in the 1 physical custody of the tribe. 2 3

(3) This

section does not preclude an emergency removal consistent with 25 4 United States Code

section 1922, 25 Code of Federal Regulations 5

part 23.113, and Welfare and Institutions Code

section 319 to protect the 6 child from risk of imminent physical damage or harm and if more time is 7 needed to facilitate the transfer of custody of the Indian child from the county 8 welfare department to the tribe. 9 10 (Subd (

a) amended effective January 1, 2020.) 11 12 (b) * * * 13 14 (

c) Documentation of request to transfer a case to tribal court 15 16 (1) * * * 17 18

(2) Upon receipt of a transfer petition, the state court must ensure that the tribal 19 court is promptly notified in writing of the transfer petition. This notification 20 may request a timely response regarding whether the tribal court wishes to 21 decline the transfer. 22 (Subd (

C) amended effective January 1, 2020.) 23 24 (

d) Cause to deny a request to transfer to tribal court with concurrent state and 25 tribal jurisdiction 26 27

(1) One or more Either of the following circumstances constitutes mandatory 28 good cause to deny a request to transfer: 29 30 (

A) One or both of the child’s parents objects to the transfer in open court 31 or in an admissible writing for the record; or 32 33 (

B) The child’s tribe does not have a “tribal court” or any other 34 administrative body as defined in

section 1903 of the Indian Child 35 Welfare Act: “a court with jurisdiction over child custody proceedings 36 and which is either a Court of Indian Offenses, a court established and 37 operated under the code or custom of an Indian tribe, or any other 38 administrative body of a tribe which is vested with authority over child 39 custody proceedings;” or 40 41 (C)(

B) The tribal court of the child’s tribe declines the transfer. 42 43

(2) One or more of the following circumstances may constitute discretionary 1 good cause to deny a request to transfer In assessing whether good cause to 2 deny the transfer exists, the court must not consider: 3 4 (

A) The evidence necessary to decide the case cannot be presented in the 5 tribal court without undue hardship to the parties or the witnesses, and 6 the tribal court is unable to mitigate the hardship by making 7 arrangements to receive and consider the evidence or testimony by use 8 of remote communication, by hearing the evidence or testimony at a 9 location convenient to the parties or witnesses, or by use of other means 10 permitted in the tribal court’s rules of evidence or discovery; 11 12 (

B) The proceeding was at an advanced stage when the request to transfer 13 was received and the petitioner did not make the request within a 14 reasonable time after receiving notice of the proceeding, provided the 15 notice complied with statutory requirements. Waiting until 16 reunification efforts have failed and reunification services have been 17 terminated before filing a request to transfer may not, by itself, be 18 considered an unreasonable delay; 19 20 (

C) The Indian child is over 12 years of age and objects to the transfer; or 21 22 (

D) The parents of a child over five years of age are not available and the 23 child has had little or no contact with his or her tribe or members of the 24 child’s tribe. 25 26 (

A) Socioeconomic conditions and the perceived adequacy of tribal social 27 services or judicial systems; 28 29 (

B) Whether the child custody proceeding is at an advanced stage if the 30 Indian child’s parent, Indian custodian, or tribe did not receive notice of 31 the child custody proceeding until an advanced stage. It must not, in 32 and of itself, be considered an unreasonable delay for a party to wait 33 until reunification efforts have failed and reunification services have 34 been terminated before filing a petition to transfer; 35 36 (

C) Whether there have been prior proceedings involving the child for 37 which no transfer petition was filed; 38 39 (

D) Whether transfer could affect the placement of the child; or 40 41 (

E) Whether the Indian child has cultural connections with the tribe or its 42 reservation. 43

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

d) amended effective January 1, 2020; previously amended effective January 1, 4 2013.) 5 6 (

e) Evidentiary considerations 7 8 The court may not consider socioeconomic conditions and the perceived adequacy 9 of tribal social services, tribal probation, or the tribal judicial systems in its 10 determination that good cause exists to deny a request to transfer to tribal court 11 with concurrent state and tribal jurisdiction. 12 13 (f)(

e) Evidentiary burdens 14 15 (1) * * * 16 17

(2) If the court believes, or any party asserts, that good cause to deny the request 18 exists, the reasons for that belief or assertion must be stated orally on the 19 record or in writing, in advance of the hearing, and made available to all 20 parties who are requesting the transfer, and the petitioner must have the 21 opportunity to provide information or evidence in rebuttal of the belief or 22 assertion. 23 24 (Subd (

e) relettered effective January 1, 2020; adopted as subd (f); previously amended 25 effective January 1, 2013.) 26 27 (g)(f) * * * 28 29 (Subd (

f) relettered effective January 1, 2020; adopted as subd (g); previously amended 30 effective January 1, 2016.) 31 32 (h)(g) * * * 33 34 (Subd (

g) relettered effective January 1, 2020; adopted as subd (h); previously amended 35 effective January 1, 2016.) 36 37 (i)(h) * * * 38 39 (Subd (

h) relettered effective January 1, 2020; adopted as subd (h); previously relettered 40 as subd (

i) effective January 1, 2016.) 41 42

Rule 5.483 amended effective January 1, 2020; adopted effective January 1, 2008; previously 1 amended effective January 1, 2013 and January 1, 2016. 2 3 4 Advisory Committee Comment 5 6 Once a transfer to tribal court is finalized as provided in rule 5.483(i)(h), the appellate court lacks 7 jurisdiction to order the case returned to state court (In re M.M. (2007) 154 Cal.App.4th 897). 8 9 As stated by the Court of Appeal in In re M.M., the juvenile court has the discretion to stay the 10 provisions of a judgment or order awarding, changing, or affecting custody of a minor child 11 “pending review on appeal or for any other period or periods that it may deem appropriate” (Code 12 Civ.

Proc., § 917.7), and the party seeking review of the transfer order should first request a stay 13 in the lower court. (See Nuckolls v. Bank of California, Nat.

Assn. (1936) 7 Cal.2d 574, 577 [61 14 P.2d 927] [“Inasmuch as the [L]egislature has provided a method by which the trial court, in a 15 proper case, may grant the stay, the appellate courts, assuming that they have the power, should 16 not, except in some unusual emergency, exercise their power until the petitioner has first 17 presented the matter to the trial court.”].) If the juvenile court should deny the stay request, the 18 aggrieved party may then petition this court for a writ of supersedeas pending appeal. (Cal. Rules 19 of Court, rule 8.112). 20 21 Subsection (

h) Subdivision (

g) and this advisory committee comment are added to help ensure 22 that an objecting party does not inadvertently lose the right to appeal a transfer order. 23 24 25 Rule 5.484. Emergency proceedings involving an Indian child 26 27 (

a) Standards for removal 28 29 Whenever it is known or there is reason to know the case involves an Indian child, 30 the court may not order an emergency removal or placement of the child without a 31 finding that the removal or placement is necessary to prevent imminent physical 32 damage or harm to the child. The petition requesting emergency removal or 33 continued emergency placement of the child or its accompanying documents must 34 contain the following: 35 36

(1) A statement of the risk of imminent physical damage or harm to the child and 37 any evidence that the emergency removal or placement continues to be 38 necessary to prevent such imminent physical damage or harm to the child; 39 40

(2) The name, age, and last known address of the Indian child; 41 42

(3) The name and address of the child’s parents and Indian custodian, if any; 43

(4) The steps taken to provide notice to the child’s parents, Indian custodian, and 2 tribe about the emergency proceeding; 3 4

(5) If the child’s parents and Indian custodian are unknown, a detailed 5 explanation of what efforts have been made to locate and contact them; 6 7

(6) The residence and the domicile of the Indian child; 8 9

(7) If either the residence or the domicile of the Indian child is believed to be on 10 a reservation or in an Alaska Native village, the name of the tribe affiliated 11 with that reservation or village; 12 13

(8) The tribal affiliation of the child and of the parents or Indian custodian; 14 15

(9) A specific and detailed account of the circumstances that led to the 16 emergency removal of the child; 17 18

(10) If the child is believed to reside or be domiciled on a reservation where the 19 tribe exercises exclusive jurisdiction over child custody matters, a statement 20 of efforts that have been made and are being made to contact the tribe and 21 transfer the child to the tribe’s jurisdiction; and 22 23

(11) A statement of the efforts that have been taken to assist the parents or Indian 24 custodian so the Indian child may safely be returned to their custody. 25 26 (

b) Return of Indian child when emergency situation has ended 27 28

(1) Whenever it is known or there is reason to know the child is an Indian child 29 and there has been an emergency removal of the child from parental custody, 30 any party who asserts that there is new information indicating that the 31 emergency situation has ended may request an ex parte hearing by filing a 32 request on Request for Ex Parte Hearing to Return Physical Custody of an 33 Indian Child (form ICWA-070) to determine whether the emergency 34 situation has ended. 35 36

(2) If the request provides evidence of new information establishing that the 37 emergency placement is no longer necessary, the court must promptly 38

schedule a hearing. At the hearing the court must consider whether the child’s 39 removal and placement is still necessary to prevent imminent physical 40 damage or harm to the child. If the court determines that the child’s 41 emergency removal or placement is no longer necessary to prevent imminent 42

physical damage or harm to the child, the court must order the child returned 1 to the physical custody of the parents or Indian custodian. 2 3

(3) In accordance with rules 3.10 and 3.20, this procedure is governed by the 4 provisions of division 6,

chapter 3 and division 11,

chapter 4 of title 3 of the 5 California Rules of Court. 6 7 (

c) Time limitation on emergency proceedings 8 9 An emergency removal must not continue for more than 30 days unless the court 10 makes the following determinations: 11 12

(1) Restoring the child to the parent or Indian custodian would subject the child 13 to imminent physical damage or harm; 14 15

(2) The court has been unable to transfer the proceeding to the jurisdiction of the 16 appropriate Indian tribe; and 17 18

(3) It has not been possible to have a hearing that complies with the substantive 19 requirements of the Indian Child Welfare Act for a foster care placement 20 proceeding. 21 22 Rule 5.484 adopted effective January 1, 2020. 23 24 Rule 5.485.5.484. Placement of an Indian child 25 26 (a) * * * 27 28 (

b) Standards and preferences in placement of an Indian child 29 30

(1) All placements of an Indian child must be in the least restrictive setting that 31 most approximates a family situation and in which the child’s special needs, 32 if any, may be met. 33 34 (1)

(2) Unless the court finds by clear and convincing evidence that there is good 35 cause to deviate from them the contrary, whenever it is known or there is 36 reason to know the child is an Indian child, all placements of Indian children 37 in any proceeding listed in rules 5.480 and 5.484 must follow the specified 38 placement preferences in Family Code

section 177(a), Probate Code

section 39 1459(b), and Welfare and Institutions Code

section 361.31. 40 41 (2)

(3) The court must analyze the availability of placements within the placement 42 preferences in descending order without skipping. The court may deviate 43

from the preference order only for good cause, which may include the 1 following considerations: 2 3 (

A) The requests of the parent or Indian custodian if they attest that they 4 have reviewed the placement options, if any, that comply with the order 5 of preference; 6 7 (

B) The requests of the Indian child, when of sufficient age and capacity to 8 understand the decision being made; 9 10 (

C) The presence of a sibling attachment that can be maintained only 11 through a particular placement; 12 13 (C)(

D) The extraordinary physical, mental, or emotional needs of the 14 Indian child, including specialized treatment services that may be 15 unavailable in the community where families who meet the placement 16 preferences live as established by a qualified expert witness; or 17 18 (D)(

E) The unavailability of a suitable families placement within the 19 placement preferences based on a documented diligent effort to identify 20 families placements meeting the preference criteria. The standard for 21 determining whether a placement is unavailable must conform to the 22 prevailing social and cultural standards of the Indian community in 23 which the Indian child’s parent or extended family resides or with 24 which the Indian child’s parent or extended family members maintain 25 social and cultural ties. 26 27 (3)

(4) The placement preferences must be analyzed and considered each time there 28 is a change in the child’s placement. A finding that there is good cause to 29 deviate from the placement preferences does not affect the requirement that a 30 diligent search be made for a subsequent placement within the placement 31 preferences. 32 33

(5) The burden of establishing good cause for the court to deviate from the 34 preference order is on the party requesting that the preference order not be 35 followed. A placement may not depart from the preferences based on the 36 socioeconomic status of any placement relative to another or solely on the 37 basis of ordinary bonding or attachment that flowed from time spent in a 38 nonpreferred placement that was made in violation of the Indian Child 39 Welfare Act. 40 41 (4)(6) * * * 42 43

(5)(7) * * * 1 2 (6)

(8) When no preferred placement is available, active efforts must be made and 3 documented to place the child with a family committed to enabling the child 4 to have visitation with “extended family members,” as defined in rule 5 5.481(a)(4)(A) 25 United States Code

section 1903(2), and participation in 6 the cultural and ceremonial events of the child’s tribe. 7 8 (Subd (

b) amended effective January 1, 2020; previously amended effective January 1, 9 2013.) 10 11 (

c) Active efforts 12 13 In addition to any other required findings to place an Indian child with someone 14 other than a parent or Indian custodian, or to terminate parental rights, the court 15 must find that active efforts have been made, in any proceeding listed in rule 5.480, 16 to provide remedial services and rehabilitative programs designed to prevent the 17 breakup of the Indian family, and must find that these efforts were unsuccessful. 18 These active efforts must include affirmative, active, thorough, and timely efforts 19 intended primarily to maintain or reunite the child with his or her family, must be 20 tailored to the facts and circumstances of the case, and must be consistent with the 21 requirements of Welfare and Institutions Code

section 224.1(f). 22 23

(1) The active efforts must be documented in detail in the record. 24 25 (1)

(2) The court must consider whether active efforts were made in a manner 26 consistent with the prevailing social and cultural conditions and way of life of 27 the Indian child’s tribe. 28 29 (2)

(3) Active efforts to provide services must include pursuit of any steps necessary 30 to secure tribal membership for a child if the child is eligible for membership 31 in a given tribe, as well as attempts to use the available resources of extended 32 family members, the tribe, tribal and other Indian social service agencies, and 33 individual Indian caregivers. 34 35 Rule 5.485 renumbered and amended effective January 1, 2020; adopted as rule 5.484 effective 36 January 1, 2008; previously amended effective January 1, 2013. 37 38 39 Rule 5.486.5.485. Termination of parental rights 40 41 (a) * * * 42 43

(

b) When parental rights may not be terminated 1 2 The court may not terminate parental rights to an Indian child or declare a child 3 free from the custody and control of one or both parents if the court finds a 4 compelling reason for determining that termination of parental rights would not be 5 in the child’s best interest. Such a reason may include: 6 7

(1) The child is living with a relative who is unable or unwilling to adopt the 8 child because of circumstances that do not include an unwillingness to accept 9 legal or financial responsibility for the child, but who is willing and capable 10 of providing the child with a stable and permanent environment through legal 11 guardianship, and the removal of the child from the custody of his or her 12 relative would be detrimental to the emotional well-being of the child. For 13 purposes of an Indian child, “relative” must include an “extended family 14 member,” as defined in the Indian Child Welfare Act (25 U.S.C. § 1903(2)); 15 16 (1)

(2) Termination of parental rights would substantially interfere with the child’s 17 connection to his or her tribal community or the child’s tribal membership 18 rights; or 19 20 (2)

(3) The child’s tribe has identified tribal customary adoption, guardianship, long -21 term foster care with a fit and willing relative, or another planned permanent 22 living arrangement for the child. 23 24 (Subd (

b) amended effective January 1, 2020.) 25 26 Rule 5.486 renumbered and amended effective January 1, 2020; adopted as rule 5.485 effective 27 January 1, 2008; previously amended effective January 1, 2013. 28 29 Rule 5.487.5.486. Petition to invalidate orders 30 31 (

a) Who may petition 32 33 Any Indian child who is the subject of any action for foster-care placement, 34 guardianship or conservatorship placement, custody placement under Family Code 35

section 3041, declaration freeing a child from the custody and control of one or 36 both parents, preadoptive placement, adoptive placement, or termination of parental 37 rights; any parent or Indian custodian from whose custody such child was removed; 38 and the Indian child’s tribe may petition the court to invalidate the action on a 39 showing that the action violated the Indian Child Welfare Act. 40 41 (Subd (

a) was amended effective January 1, 2010.) 42 43

(b)–(c) * * * 1 2 Rule 5.487 renumbered and amended effective January 1, 2020; adopted as rule 5.486 effective 3 January 1, 2008; previously amended effective January 1, 2013. 4 5 Rule 5.488.5.487. * * * 6 7 Rule 5.488 renumbered effective January 1, 2020; adopted as rule 5.487 effective January 1, 8 2008; previously amended effective January 1, 2013. 9 10 11 Rule 5.550. Continuances 12 13 (a)–(b) * * * 14 15 (

c) Continuances of detention hearings (§§ 319, 322, 635, 636, 638) 16 17 (1)–(2) * * * 18 19

(3) When the court knows or has reason to know the child is an Indian child, the 20 detention hearing may not be continued beyond 30 days unless the court 21 makes the findings required by

section 319(e)(2). 22 23 (Subd (

c) amended effective January 1, 2007; adopted effective January 1, 1998; 24 previously amended effective July 1, 2002.) 25 26 (

d) Continuances of a dispositional hearing when the court knows or has reason to 27 know the child is an Indian child (§ 352(b)) 28 29

(1) When the court knows or has reason to know that the case involves an Indian 30 child, no continuance of a dispositional may be granted that would result in 31 the hearing being held longer than 30 days after the hearing at which the 32 minor was ordered removed or detained unless the court finds that there are 33 exceptional circumstances requiring a continuance. 34 35

(2) The absence of an opinion from a qualified expert witness must not, in and of 36 itself, support a finding that exceptional circumstances exist. 37 38 (Subd (

d) adopted effective January 1, 2020.) 39 40 Rule 5.550 amended effective July 1, 2016; adopted effective January 1, 1991; previously 41 amended effective January 1, 1998, January 1, 1999, and July 1, 2002; previously amended and 42 renumbered as rule 5.550 effective January 1, 2007. 43

1 Rule 5.570. Request to change court order (petition for modification) 2 3 (a)–(d) * * * 4 5 (

e) Grounds for grant of petition (§§ 388, 778) 6 7 (1)–(4) * * * 8 9

(5) For a petition filed under

section 388(c)(1)(A), the court may terminate 10 reunification services during the time periods described in

section 388(c)(1) 11 only if the court finds by a preponderance of evidence that reasonable 12 services have been offered or provided, and, by clear and convincing 13 evidence, that the change of circumstance or new evidence described in the 14 petition satisfies a condition in

section 361.5(

b) or (e). In the case of an 15 Indian child, the court may terminate reunification services only if the court 16 finds by clear and convincing evidence that active efforts have been made to 17 provide remedial services and rehabilitative programs designed to prevent the 18 breakup of the Indian family within the meaning of sections 224.1(

f) and 19 361.7 and that these efforts have proved unsuccessful. The court may grant 20 the petition after following the procedures in (f), (g), and (h). 21 22

(6) For a petition filed under

section 388(c)(1)(B), the court may terminate 23 reunification services during the time periods described in

section 388(c)(1) 24 only if the court finds by a preponderance of evidence that reasonable 25 services have been offered or provided, and, by clear and convincing 26 evidence, that action or inaction by the parent or guardian creates a 27 substantial likelihood that reunification will not occur. Such action or 28 inaction includes, but is not limited to, failure to visit the child or failure to 29 participate regularly and make substantive progress in a court-ordered 30 treatment program.

In determining whether the parent or guardian has failed 31 to visit the child or to participate regularly or make progress in a court-32 ordered treatment plan, the court must consider factors including, but not 33 limited to, the parent or guardian’s incarceration, institutionalization, or 34 participation in a residential substance abuse treatment program.

In the case 35 of an Indian child, the court may terminate reunification services only if the 36 court finds by clear and convincing evidence that active efforts have been 37 made to provide remedial services and rehabilitative programs designed to 38 prevent the breakup of the Indian family within the meaning of sections 39 224.1(

f) and 361.7 and that these efforts have proved unsuccessful. The court 40 may grant the petition after following the procedures in (f), (g), and (h). 41 42 (7) * * * 43

1 (Subd (

e) amended effective January 1, 2020; adopted as subd (c); previously amended 2 and relettered as subd (

e) effective January 1, 2007; previously amended effective January 3 1, 2010, January 1, 2014, and January 1, 2016.) 4 5 (f)–(g) * * * 6 7 (

h) Conduct of hearing (§ 388) 8 9 (1) * * * 10 11 (A) * * * 12 13 (

B) If the request is for termination of court-ordered reunification services, 14 the petitioner must show by clear and convincing evidence that one of 15 the conditions in

section 388(c)(1)(

A) or (

B) exists and must show by a 16 preponderance of the evidence that reasonable services have been 17 offered or provided. In the case of an Indian child, the court may 18 terminate reunification services only if the court finds by clear and 19 convincing evidence that active efforts have been made to provide 20 remedial services and rehabilitative programs designed to prevent the 21 breakup of the Indian family within the meaning of sections 224.1(f) 22 and 361.7 and that these efforts have proved unsuccessful. 23 24 (C)–(E) * * * 25 26 (2) * * * 27 28 (Subd (

h) amended effective January 1, 2020; adopted as subd (f); previously amended and 29 relettered as subd (

h) effective January 1, 2007; previously amended effective July 1, 2000, 30 July 1, 2002, January 1, 2003, January 1, 2010, January 1, 2014 and January 1, 2016.) 31 32 Rule 5.570 amended effective January 1, 2020; adopted as rule 1432 effective January 1, 1991; 33 previously amended and renumbered as rule 5.570 effective January 1, 2007; previously 34 amended effective January 1, 1992, July 1, 1995, July 1, 2000, July 1, 2002, January 1, 2003, 35 January 1, 2009, January 1, 2010, January 1, 2014, January 1, 2016, and January 1, 2019. 36 37 38 Rule 5.590. Advisement of right to review in

section 300, 601, or 602 cases 39 40 (

a) Advisement of right to appeal 41 42

If at a contested hearing on an issue of fact or law the court finds that the child is 1 described by Welfare and Institutions Code

section 300, 601, or 602 or sustains a 2 supplemental or subsequent petition, the court after making its disposition order 3 other than orders covered in (

b) must advise, orally or in writing, the child, if of 4 sufficient age, and, if present, the parent or guardian of: 5 6 (1)–(4) * * * 7 8 If the parent or guardian is not present at the hearing, the advisement must be made 9 by the clerk of the court by first-class mail to the last known address of the party or 10 by electronic service in accordance with

section 212.5. 11 12 (Subd (

a) amended effective January 1, 2020; adopted as subd (

d) effective January 1, 13 1990; previously amended effective January 1, 2007; previously amended and relettered as 14 subd (

a) effective July 1, 2010.) 15 16 (b)–(c) * * * 17 18 Rule 5.590 amended effective January 1, 2020; adopted as rule 1435 effective January 1, 1990; 19 previously amended effective January 1, 1992, January 1, 1993, January 1, 1994, January 1, 20 1995, July 1, 1999, January 1, 2016, and January 1, 2019; previously amended and renumbered 21 as rule 5.585 effective January 1, 2007; previously amended and renumbered as rule 5.590 22 effective July 1, 2010. 23 24 25

Chapter 7. Intercounty Transfers; and Out-of-County Placements; Interstate 26 Compact on the Placement of Children 27 28 Rules 5.610–5.613 * * * 29 30 Rule 5.614. Intercounty Out-of-county placements 31 32 (a) * * * 33 34 (

b) Participants to be served with notice Required notices 35 36 Unless the requirements for emergency placement in

section 361.4 are met, or the 37 circumstances in

section 361.2(h)(2)(

A) exist, before placing a child out of county, 38 the agency must notify the following participants of the proposed removal: 39 40

(1) The participants persons listed in

section 361.2(h); 41 42

(2) The Indian child’s identified Indian tribe, if any; 43

(3) The Indian child’s Indian custodian, if any; and 2 3

(4) The child’s CASA program, if any. 4 5 (Subd (

b) amended effective January 1, 2020.) 6 7 (c) * * * 8 9 (

d) Method of service 10 11 The agency must serve notice of its intent to place the child out of county as 12 follows: 13 14

(1) Notice must be served by either first-class mail, sent to the last known 15 address of the person to be noticed; electronic service in accordance with 16 Welfare and Institutions Code

section 212.5; or personal service at least 14 17 days before the placement, unless the child’s health or well-being is 18 endangered by delaying the action or would be endangered if prior notice 19 were given; 20 21

(2) Notice to the child’s identified Indian tribe and Indian custodian must comply 22 with the requirements of

section 224.23; and 23 24

(3) Proof of Notice (form JV-326) must be filed with the court before any 25 hearing on the proposed out-of-county placement. 26 27 (Subd (

d) effective January 1, 2020.) 28 29 (

e) Objection to proposed out-of-county placement 30 31 Each participant who receives notice under (b)(1)–(3) may object to the proposed 32 removal of the child, and the court must set a hearing as required by

section 33 361.2(h). 34 35

(1) An objection to the proposed intercounty out-of-county placement may be 36 made by using Objection to Out-of-County Placement and Notice of Hearing 37 (form JV-556). 38 39

(2) An objection must be filed no later than seven days after receipt of the notice. 40 within the time frames in

section 361.2(h). 41 42 (Subd (

e) effective January 1, 2020.) 43

1 (

f) Notice of hearing on proposed removal 2 3 If an objection is filed, the clerk must set a hearing, and notice of the hearing must 4 be as follows: 5 6

(1) If the party objecting to the removal is not represented by counsel, the clerk 7 must provide notice of the hearing to the agency and the participants listed in 8 (b); 9 10

(2) If the party objecting to the removal is represented by counsel, that counsel 11 must provide notice of the hearing to the agency and the participants listed in 12 (b); 13 14

(3) Notice must be by either first-class mail, sent to the last known address of the 15 person to be noticed; electronic service in accordance with Welfare and 16 Institutions Code

section 212.5; or personal service; and 17 18

(4) Notice to the child’s identified Indian tribe and Indian custodian must comply 19 with the requirements of

section 224.3; and 20 21 (4)

(5) Proof of Notice (form JV-326) must be filed with the court before the hearing 22 on the proposed removal. 23 24 (Subd (

f) effective January 1, 2020.) 25 26 (g)–(h) * * * 27 28 Rule 5.614 amended effective January 1, 2020; adopted effective January 1, 2019. 29 30 Rule 5.635. Parentage 31 32 (a) * * * 33 34 (

b) Parentage inquiry (§§ 316.2, 726.4) 35 36 At the initial hearing on a petition filed under

section 300 or at the dispositional 37 hearing on a petition filed under

section 601 or 602, and at hearings thereafter until 38 or unless parentage has been established, the court must inquire of the child’s 39 parents present at the hearing and of any other appropriate person present as to the 40 identity and address of any and all presumed or alleged parents of the child. 41 Questions, at the discretion of the court, may include the following and others that 42 may provide information regarding parentage: 43

1 (1)–(5) * * * 2 3

(6) Has a man formally or informally acknowledged paternity parentage, 4 including the execution and filing of a voluntary declaration of parentage or 5 paternity under Family Code

section 7570 et seq., and agreed to have his 6 name placed on the child’s birth certificate? 7 8

(7) Have Has genetic tests testing been administered, and, if so, what were the 9 results? 10 11 (8) * * * 12 13 (Subd (

b) amended effective January 1, 2020; adopted effective January 1, 2001; 14 previously amended effective January 1, 2006, January 1, 2007, and January 1, 2015.) 15 16 (

c) Voluntary declaration 17 18 If a voluntary declaration as described in Family Code

section 7570 et seq. has 19 been executed and filed with the California Department of Child Support Services, 20 the declaration establishes the paternity parentage of a child and has the same force 21 and effect as a judgment of paternity parentage by a court. A man person is 22 presumed to be the father parent of the child under Family Code

section 7611 if the 23 voluntary declaration has been properly executed and filed. 24 25 (Subd (

c) amended effective January 1, 2020; adopted effective January 1, 2001; 26 previously amended effective January 1, 2006, July 1, 2006, January 1, 2007, and January 27 1, 2015.) 28 29 (d)–(h) * * * 30 31 Rule 5.635 amended effective January 1, 2020; adopted as rule 1413 effective July 1, 1995; 32 previously amended effective January 1, 1999, January 1, 2001, January 1, 2006, July 1, 2006, 33 January 1, 2007, and January 1, 2015. 34 Former Rule 5.645. Renumbered effective January 1, 2020 35 Rule 5.645 renumbered as rule 5.643 36 37 Rule 5.645 5.643. Mental health or condition of child; court procedures 38 39 (

a) Doubt concerning the mental health of a child (§§ 357, 705, 6550, 6551) 40 41 Whenever the court believes that the child who is the subject of a petition filed 42 under

section 300, 601, or 602 is mentally disabled or may be mentally ill, the court 43

may stay the proceedings and order the child taken to a facility designated by the 1 court and approved by the State Department of Mental Health as a facility for 72-2 hour treatment and evaluation. The professional in charge of the facility must 3 submit a written evaluation of the child to the court. 4 5 (b) * * * 6 7 (

c) Findings regarding mental retardation developmental disability (§ 6551) 8 9

Article 1 of

chapter 2 of

part 1 of division 5 (commencing with

section 5150) 10 applies. 11 12

(1) If the professional finds that the child is mentally retarded has a 13 developmental disability and recommends commitment to a state hospital, the 14 court may direct the filing in the appropriate court of a petition for 15 commitment of a child as a mentally retarded person who has a 16 developmental disability to the State Department of Developmental Services 17 for placement in a state hospital. 18 19

(2) If the professional finds that the child is not mentally retarded does not have a 20 developmental disability, the child must be returned to the juvenile court on 21 or before the expiration of the 72-hour period, and the court must proceed 22 with the case under

section 300, 601, or 602. 23 24

(3) The jurisdiction of the juvenile court must be suspended while the child is 25 subject to the jurisdiction of the appropriate court under a petition for 26 commitment of a mentally retarded person who has a developmental 27 disability, or under remand for 90 days for intensive treatment or 28 commitment ordered by that court. 29 30 (Subd (

c) amended effective January 1, 2020; previously amended effective January 1, 31 2007, and January 1, 2009.) 32 33 Rule 5.643 renumbered and amended effective January 1, 2020; adopted as rule 1498 effective 34 January 1, 1999; previously amended and renumbered as rule 5.645 effective January 1, 2007; 35 previously amended effective January 1, 2009, and January 1, 2012. 36 37 38 Rule 5.645. Mental health or condition of child; competency evaluations 39 40 (d)(

a) Doubt as to capacity to cooperate with counsel child’s competency (§§ 601, 41 602, 709; Pen. Code, § 1367) 42 43

(1) If the court finds that there is substantial evidence that regarding a child who 1 is the subject of a petition filed under

section 601 or 602 lacks sufficient 2 present ability to consult with counsel and assist in preparing his or her 3 defense with a reasonable degree of rational understanding, or lacks a rational 4 as well as factual understanding of the nature of the charges or proceedings 5 against him or her, that raises a doubt as to the child’s competency as defined 6 in

section 709, the court must suspend the proceedings and conduct a hearing 7 regarding the child’s competence competency. Evidence is substantial if it 8 raises a reasonable doubt about the child’s competence to stand trial. 9 10 (A)

(2) Unless the parties have stipulated to a finding of incompetency, the 11 court must appoint an expert to examine the child to evaluate the child and 12 determine whether the child suffers from a mental illness, mental disorder, 13 developmental disability, developmental immaturity, or other condition 14 affecting competency and, if so, whether the condition or conditions impair 15 the child’s competency the child is incompetent as defined in

section 16 709(a)(2). 17 18

(3) Following the hearing on competency, the court must proceed as directed in 19

section 709. 20 21 (

b) Expert qualifications 22 23 (B)

(1) To be appointed as an expert, an individual must be a: 24 25 (i)(

A) Licensed psychiatrist who has successfully completed four years of 26 medical school and either four years of general psychiatry residency, 27 including one year of internship and two years of child and adolescent 28 fellowship training, or three years of general psychiatry residency, 29 including one year of internship and one year of residency that focus on 30 children and adolescents and one year of child and adolescent 31 fellowship training; or 32 33 (ii)(

B) Clinical, counseling, or school psychologist who has received a 34 doctoral degree in psychology from an educational institution 35 accredited by an organization recognized by the Council for Higher 36 Education Accreditation and who is licensed as a psychologist. 37 38 (C)

(2) The expert, whether a licensed psychiatrist or psychologist, must: 39 40 (i)(

A) Possess demonstrable professional experience addressing child and 41 adolescent developmental issues, including the emotional, behavioral, 42 and cognitive impairments of children and adolescents; 43

1 (ii)(

B) Have expertise in the cultural and social characteristics of 2 children and adolescents; 3 4 (iii)(

C) Possess a curriculum vitae reflecting training and experience in 5 the forensic evaluation of children and adolescents; 6 7 (iv)(

D) Be familiar with juvenile competency standards and accepted 8 criteria used in evaluating juvenile competence; 9 10 (v)(

E) Possess a comprehensive understanding of Be familiar with 11 effective interventions, as well as treatment, training, and programs for 12 the attainment of competency available to children and adolescents; and 13 14 (vi)(

F) Be proficient in the language preferred by the child, or if that is 15 not feasible, employ the services of a certified interpreter and use 16 assessment tools that are linguistically and culturally appropriate for the 17 child.; and 18 19 (

G) Be familiar with juvenile competency remediation services available to 20 the child. 21 22 (2)

(3) Nothing in this rule precludes involvement of clinicians with other 23 professional qualifications from participation as consultants or witnesses or in 24 other capacities relevant to the case. 25 26

(3) Following the hearing on competence, the court must proceed as directed in 27

section 709. 28 29 (

c) Interview of child 30 31 The expert must attempt to interview the child face-to-face. If an in-person 32 interview is not possible because the child refuses an interview, the expert must try 33 to observe and make direct contact with the child to attempt to gain clinical 34 observations that may inform the expert’s opinion regarding the child’s 35 competency. 36 37 (

d) Review of records 38 39

(1) The expert must review all the records provided as required by

section 709. 40 41

(2) The written protocol required under

section 709(

i) must include a description 1 of the process for obtaining and providing the records to the expert to review, 2 including who will obtain and provide the records to the expert. 3 4 (

e) Consult with the child’s counsel 5 6

(1) The expert must consult with the child’s counsel as required by

section 709. 7 This consultation must include, but is not limited to, asking the child’s 8 counsel the following: 9 10 (

A) If the child’s counsel raised the question of competency, why the 11 child’s counsel doubts that the child is competent; 12 13 (

B) What has the child’s counsel observed regarding the child’s behavior; 14 and 15 16 (

C) A description of how the child interacts with the child’s counsel. 17 18

(2) No waiver of the attorney-client privilege will be deemed to have occurred 19 from the child’s counsel report of the child’s statements to the expert, and all 20 such statements are subject to the protections in (g)(2) of this rule. 21 22 (

f) Developmental history 23 24 The expert must gather a developmental history of the child as required by

section 25 709. This history must be documented in the report and must include the following: 26 27

(1) Whether there were complications or drug use during pregnancy that could 28 have caused medical issues for the child; 29 30

(2) When the child achieved developmental milestones such as talking, walking, 31 and reading; 32 33

(3) Psychosocial factors such as abuse, neglect, or drug exposure; 34 35

(4) Adverse childhood experiences, including early disruption in the parent-child 36 relationship; 37 38

(5) Mental health services received during childhood and adolescence; 39 40

(6) School performance, including an Individualized Education Plan, testing, 41 achievement scores, and retention; 42 43

(7) Acculturation issues; 1 2

(8) Biological and neurological factors such as neurological deficits and head 3 trauma; and 4 5

(9) Medical history including significant diagnoses, hospitalizations, or head 6 trauma. 7 8 (

g) Written report 9 10

(1) Any court-appointed expert must examine the child and advise the court on 11 the child’s competency to stand trial. The expert’s report must be submitted 12 to the court, to the counsel for the child, to the probation department, and to 13 the prosecution. The report must include the following: 14 15 (

A) A statement identifying the court referring the case, the purpose of the 16 evaluation, and the definition of competency in the state of California. 17 18 (

B) A brief statement of the expert’s training and previous experience as it 19 relates to evaluating the competence of a child to stand trial. 20 21 (

C) A statement of the procedure used by the expert, including: 22 23 (

i) A list of all sources of information considered by the expert 24 including those required by

section 709(b)(3); 25 26 (ii) A list of all sources of information the expert tried or wanted to 27 obtain but, for reasons described in the report, could not be 28 obtained; 29 30 (iii) A detailed

summary of the attempts made to meet the child face-31 to-face and a detailed account of any accommodations made to 32 make direct contact with the child; and 33 34 (iv) All diagnostic and psychological tests administered, if any. 35 36 (

D) A

summary of the developmental history of the child as required by 37 this rule. 38 39 (

E) A

summary of the evaluation conducted by the expert on the child, 40 including the current diagnosis or diagnoses that meet criteria under the 41 most recent version of the Diagnostic and Statistical Manual of Mental 42

Disorders, when applicable, and a

summary of the child’s mental or 1 developmental status. 2 3 (

F) A detailed analysis of the competence of the child to stand trial under 4

section 709, including the child’s ability or inability to understand the 5 nature of the proceedings or assist counsel in the conduct of a defense 6 in a rational manner as a result of a mental or developmental 7 impairment. 8 9 (

G) An analysis of whether and how the child’s mental or developmental 10 status is related to any deficits in abilities related to competency. 11 12 (

H) If the child has significant deficits in abilities related to competency, an 13 opinion with explanation as to whether treatment is needed to restore or 14 attain competency, the nature of that treatment, its availability, and 15 whether restoration is likely to be accomplished within the statutory 16 time limit. 17 18 (

I) A recommendation, as appropriate, for a placement or type of 19 placement, services, and treatment that would be most appropriate for 20 the child to attain or restore competence. The recommendation must be 21 guided by the principle of

section 709 that services must be provided in 22 the least restrictive environment consistent with public safety. 23 24 (

J) If the expert is of the opinion that a referral to a psychiatrist is 25 appropriate, the expert must inform the court of this opinion and 26 recommend that a psychiatrist examine the child. 27 28

(2) Statements made to the appointed expert during the child’s competency 29 evaluation and statements made by the child to mental health professionals 30 during the remediation proceedings, and any fruits of these statements, must 31 not be used in any other hearing against the child in either juvenile or adult 32 court. 33 34 Rule 5.645 adopted effective January 1, 2020. 35 36 Advisory Committee Comment 37 38 Welfare and Institutions Code

section 709(

b) mandates that the Judicial Council develop and 39 adopt rules regarding the qualification of experts to determine competency for purposes of 40 juvenile adjudication. Upon a court finding of incompetency based on a developmental disability, 41 the regional center determines eligibility for services under Division 4.5 of the Lanterman 42 Developmental Disabilities Services (Welf. & Inst. Code, § 4500 et seq.). 43

1 2 Rule 5.668. Commencement of hearing—explanation of proceedings (§§ 316, 316.2) 3 4 (a)–(b) * * * 5 6 (

c) Indian Child Welfare Act inquiry (§ 224.2(c) & (g)) 7 8

(1) At the first appearance in court of each party, the court must ask each 9 participant present at the hearing whether: 10 11 (

A) The participant knows or has reason to know the child is an Indian 12 child; 13 14 (

B) The residence or domicile of the child, the child’s parents, or Indian 15 custodian is on a reservation or in an Alaska Native village; 16 17 (

C) The child is or has ever been a ward of a tribal court; and 18 19 (

D) Either parent or the child possess an identification card indicating 20 membership or citizenship in an Indian tribe. 21 22

(2) The court must also instruct all parties to inform the court if they 23 subsequently receive information that provides reason to know the child is an 24 Indian child, and order the parents, Indian custodian, or guardian, if available, 25 to complete Parental Notification of Indian Status (form ICWA-020). 26 27

(3) If there is reason to believe that the case involves an Indian child, the court 28 must require the agency to proceed in accordance with

section 224.2(e). 29 30

(4) If it is known, or there is reason to know, the case involves an Indian child, 31 the court must proceed in accordance with rules 5.481 et seq. and treat the 32 child as an Indian child unless and until the court determines on the record 33 after review of the report of due dil