AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on May 24, 2018, effective September 1, 2018 Rule 3.36. Notice of limited scope representation and application to be relieved as 1 attorney ....................................................................................................................... 2 2 Rule 5.552. Confidentiality of records (§§ 827, 827.12, 828) ................................... 3 3 Rule 5.647. Medi-Cal: Presumptive Transfer of Specialty Mental Health Services . 6 4 Rule 5.840.

Dismissal of petition and sealing of records (§ 786) ............................ 11 5 Rule 5.850 Sealing of records by probation in diversion cases (§ 786.5) ............... 12 6 7

Rule 3.36. Notice of limited scope representation and application to be relieved as 1 attorney 2 3 (

a) Notice of limited scope representation 4 5 A party and an attorney may provide notice of their agreement to limited scope 6 representation by serving and filing a Notice of Limited Scope Representation (form 7 MC-950CIV-150). 8 9 (Subd (

a) amended effective September 1, 2018.) 10 11 (b) * * * 12 13 (

c) Procedures to be relieved as counsel on completion of representation 14 15 Notwithstanding rule 3.1362, an attorney who has completed the tasks specified in 16 the Notice of Limited Scope Representation (form MC-950CIV-150) may use the 17 procedures in this rule to request that he or she be relieved as attorney in cases in 18 which the attorney has appeared before the court as an attorney of record and the 19 client has not signed a Substitution of Attorney—Civil (form MC-050). 20 21 (Subd (

c) amended effective September 1, 2018. 22 23 (

d) Application 24 25 An application to be relieved as attorney on completion of limited scope 26 representation under Code of Civil Procedure

section 284(2) must be directed to the 27 client and made on the Application to Be Relieved as Attorney on Completion of 28 Limited Scope Representation (form MC-955CIV-151). 29 30 (Subd (

d) amended effective September 1, 2018.) 31 32 (

e) Filing and service of application 33 34 The application to be relieved as attorney must be filed with the court and served 35 on the client and on all other parties or attorneys for parties in the case. The client 36 must also be served with a blank Objection to Application to Be Relieved as 37 Attorney on Completion of Limited Scope Representation (form MC-956 CIV-152). 38 39 (Subd (

e) amended effective September 1, 2018.) 40 41 42

(

f) No objection 1 2 If no objection is served and filed with the court within 15 days from the date that 3 the Application to Be Relieved as Attorney on Completion of Limited Scope 4 Representation (form MC-955CIV-151) is served on the client, the attorney making 5 the application must file an updated form MC-955CIV-151 indicating the lack of 6 objection, along with a proposed Order on Application to Be Relieved as Attorney 7 on Completion of Limited Scope Representation (form MC-958CIV-153). The clerk 8 must then forward the order for judicial signature. 9 10 (Subd (

f) amended effective September 1, 2018.) 11 12 (

g) Objection 13 14 If an objection to the application is served and filed within 15 days, the clerk must 15 set a hearing date on the Objection to Application to Be Relieved as Attorney on 16 Completion of Limited Scope Representation (form MC-956CIV-152). The hearing 17 must be scheduled no later than 25 days from the date the objection is filed. The 18 clerk must send the notice of the hearing to the parties and the attorney. 19 20 (Subd (

g) amended effective September 1, 2018.) 21 22 (

h) Service of the order 23 24 If no objection is served and filed and the proposed order is signed under (f), the 25 attorney who filed the Application to Be Relieved as Attorney on Completion of 26 Limited Scope Representation (form MC-955CIV-151) must serve a copy of the 27 signed order on the client and on all parties or the attorneys for all parties who have 28 appeared in the case. The court may delay the effective date of the order relieving 29 the attorney until proof of service of a copy of the signed order on the client has 30 been filed with the court. 31 32 (Subd (

h) amended effective September 1, 2018.) 33 34 Rule 3.36 amended effective September 1, 2018; adopted effective January 1, 2007. 35 36 Rule 5.552. Confidentiality of records (§§ 827, 827.12, 828) 37 38 (a) * * * 39 40 (

b) Petition 41 42

Juvenile case files may only be obtained or inspected only in accordance with 1 sections 827, 827.12, and 828. They may not be obtained or inspected by civil or 2 criminal subpoena. With the exception of those persons permitted to inspect 3 juvenile case files without court authorization under sections 827 and 828, and the 4 specific requirements for accessing juvenile case files provided in

section 5 827.12(a)(1), every person or agency seeking to inspect or obtain juvenile case files 6 must petition the court for authorization using Request for Disclosure of Juvenile 7 Case File (form 7-570). A chief probation officer seeking juvenile court 8 authorization to access and provide data from case files in the possession of the 9 probation department under

section 827.12(a)(2) must comply with the 10 requirements of subdivision (

e) of this rule. 11 12 (1)–(2) * * * 13 14 (Subd (

b) amended effective September 1, 2018; adopted as subd (c); previously amended 15 effective July 1, 1997, and January 1, 2007; previously amended and relettered effective 16 January 1, 2018.) 17 18 (c)–(d) * * * 19 20 (

e) Release of case file information for research (§ 872.12(a)(2)) 21 22 The court may authorize a chief probation officer to access and provide data 23 contained in juvenile delinquency case files and related juvenile records in the 24 possession of the probation department for the purpose of data sharing or 25 conducting or facilitating research on juvenile justice populations, practices, 26 policies, or trends if the court finds the following: 27 28

(1) The research, evaluation, or study includes a sound method for the 29 appropriate protection of the confidentiality of an individual whose juvenile 30 delinquency case file is accessed for this purpose. In considering whether a 31 method is sound, the court must have information on: 32 33 (

A) The names and qualifications of any nonprobation personnel who will 34 have access to personally identifying information as defined in Civil 35 Code

section 1798.79.8(b); 36 37 (

B) Procedures to mask personally identifying information that is shared 38 electronically; and 39 40 (

C) Data security protocols to ensure that access to the information is 41 limited to those people authorized by the court. 42 43

(2) No further release, dissemination, or publication of personally identifying 1 information by the probation department or a program evaluator, researcher, 2 or research organization that is retained by the probation department will take 3 place for research or evaluation purposes. 4 5

(3) The disclosure requirements of

section 10850 are met if any dependency 6 information in a delinquency file may be disclosed. 7 8

(4) A date for destruction of records containing personally identifying 9 information in the possession of nonprobation department personnel has been 10 set to prevent inappropriate disclosure of the records. 11 12 If the information is being released for human subject research as defined in 45 13 Code of Federal Regulations

part 46, the probation department must provide notice 14 to the office of the public defender 30 days before the court authorizes the release 15 of the information so that the office has an opportunity to file an objection to the 16 release with the court. If such an objection is filed within the 30 day period the 17 court must set a hearing on the objection within 30 days of the filing of the 18 objection to consider the objection and make a determination on whether and how 19 release of information should be accomplished.

Upon receiving authorization, but 20 prior to the release of information, the probation department must enter into a 21 formal agreement with the entity or entities conducting the research that specifies 22 what may and may not be done with the information disclosed. 23 24 (Subd (

e) was adopted effective September 1, 2018.) 25 26 (e)(

f) Reports of law enforcement agencies (§ 828) 27 28 * * * 29 30 (Subd (

f) relettered effective September 1, 2018; adopted as subd (

f) effective January 1, 31 1994; previously relettered as subd (

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

f) effective 32 January 1, 2009; previously amended effective January 1, 2007; previously amended and 33 relettered as subd (

e) effective January 1, 2018.) 34 35 36 (f)(

g) Other applicable statutes 37 38 * * * 39 40 (Subd (

g) relettered effective September 1, 2018; adopted as subd (f); previously amended 41 and relettered as subd (

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

g) effective 42 January 1, 1994, as subd (

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

h) effective January 1, 43

2009; previously amended effective January 1, 2007; previously amended and relettered as 1 subd(

f) effective January 1, 2018.) 2 3 Rule 5.552 amended effective September 1, 2018; adopted as rule 1423 effective July 1, 1992; 4 previously amended and renumbered effective January 1, 2007; previously amended effective 5 January 1, 1994, July 1, 1995, July 1, 1997, January 1, 2001, January 1, 2004, January 1, 2009 6 and January 1, 2018. 7 8 Rule 5.647. Medi-Cal: Presumptive Transfer of Specialty Mental Health Services 9 10 (

a) Applicability 11 12 This rule applies to the court’s review under Welfare and Institutions Code

section 13 14717.1 of the presumptive transfer of responsibility to arrange and provide for a 14 child’s or nonminor’s specialty mental health services to the child’s or nonminor’s 15 county of residence. The rule applies to presumptive transfer following any change 16 of placement within California for a child or nonminor to a placement that is 17 outside the county of original jurisdiction, including the initial placement. Nothing 18 in this rule relieves the placing agency of the reporting requirements and duties 19 under

section 14717.1 when no hearing under this rule is held. 20 21 (

b) Requesting a hearing to review the request for waiver of presumptive transfer 22 (§ 14717.1) 23 24

(1) The following persons or agencies may make a request to the placing agency 25 that presumptive transfer be waived and that the responsibility for providing 26 specialty mental health services remain in the child’s or nonminor’s county of 27 original jurisdiction: 28 29 (

A) The foster child or nonminor; 30 31 (

B) The person or agency that is responsible for making mental health care 32 decisions on behalf of the foster child or nonminor; 33 34 (

C) The child welfare services agency or the probation agency with 35 responsibility for the care and placement of the child or nonminor; and 36 37 (

D) Any other interested party who owes a legal duty to the child or 38 nonminor involving the child’s or nonminor’s health or welfare, as 39 defined by the department. 40 41

(2) The person or agency who requested the waiver, or any other party to the 42 case who disagrees with the placing agency’s determination on the request 43

for the waiver of presumptive transfer, may request a judicial review of the 1 placing agency’s determination. 2 3

(3) A request for a hearing must be made by filing a Request for Hearing on 4 Waiver of Presumptive Transfer (form JV-214). If a hearing is requested, 5 form JV-214 must be provided to the placing agency within seven court days 6 of the petitioner’s being noticed of the placing agency’s determination on the 7 request for waiver of presumptive transfer. 8 9

(4) When a hearing is requested in (b)(3), the transfer of the responsibility for 10 providing specialty mental health services cannot occur until the court makes 11 a ruling as required in (c)(1). 12 13 (

c) Setting of a hearing (§ 14717.1) 14 15

(1) The court on its own motion may direct the clerk to set a hearing no later than 16 five court days after the request for a hearing was filed, or may deny the 17 request for a hearing without ruling on the transfer of jurisdiction. 18 19

(2) If the court sets a hearing, the clerk must provide notice of the hearing date 20 to: 21 22 (

A) The parents—unless parental rights have been terminated—or 23 guardians of the child; 24 25 (

B) The petitioner; 26 27 (

C) The social worker or probation officer; 28 29 (

D) The mental health care decision maker for the child or nonminor, if one 30 has been appointed under

section 361(a)(1); 31 32 (

E) The Indian child’s tribe, if applicable, as defined in rule 5.502; 33 34 (

F) The child—if 10 years of age or older—or nonminor; and 35 36 (

G) All other persons entitled to notice under

section 293 or

section 37 727.4(a). 38 39

(3) If the court grants a hearing under (c)(1), responsibility for providing 40 specialty mental health services cannot be transferred until the court makes a 41 ruling as required in (e)(2) and

section 14717.1(d)(4). 42 43

(

d) Reports 1 2 When a hearing is granted under (c)(1), the social worker or probation officer must 3 provide a report including discussion or documentation of the following: 4 5

(1) The placing agency’s rationale for its decision on the request for a waiver of 6 presumptive transfer, including: 7 8 (

A) Any requests for waiver, and the exceptions claimed as the basis for 9 those requests; 10 11 (

B) The placing agency’s determination of whether waiver of presumptive 12 transfer is appropriate under

section 14717.1(d)(5)(A)–(D); 13 14 (

C) Any objections to the placing agency’s determination in (B); and 15 16 (

D) The ways that the child’s or nonminor’s best interests will be promoted 17 by the placing agency’s presumptive transfer determination. 18 19

(2) That the child or nonminor, his or her parents if applicable, the child and 20 family team, and others who serve the child or nonminor as appropriate—21 such as the therapist, mental health care decision maker for the child or 22 nonminor if one has been appointed under

section 361(a)(1), and Court 23 Appointed Special Advocate volunteer—were consulted regarding the waiver 24 determination. 25 26

(3) That notice of the placing agency’s determination of whether to waive 27 presumptive transfer was provided to the individual who requested waiver of 28 presumptive transfer, along with all parties to the case. 29 30

(4) Whether the mental health plan in the county of original jurisdiction 31 demonstrates an existing contract with a specialty mental health care 32 provider, or the ability to enter into a contract with a specialty mental health 33 care provider within 30 days of the waiver decision, and the ability to deliver 34 timely specialty mental health services directly to the foster child or 35 nonminor. 36 37

(5) The child’s or nonminor’s current provision of specialty mental health 38 services, and how those services will be affected by the placing agency’s 39 presumptive transfer determination. 40 41

(

e) Conduct at the hearing 1 2

(1) The social worker or probation officer must provide the report in (

d) to the 3 court, all parties to the case, and the person or agency that requested the 4 waiver no later than two court days after the hearing is set under (c)(1). 5 6

(2) At the hearing, the court may confirm or deny the transfer of jurisdiction or 7 application of an exception based on the best interests of the child or 8 nonminor. A waiver of presumptive transfer is contingent on the mental 9 health plan in the county of original jurisdiction demonstrating an existing 10 contract with a specialty mental health care provider, or the ability to enter 11 into such a contract within 30 days of the waiver decision, and the ability to 12 deliver timely specialty mental health services directly to the child or 13 nonminor. 14 15

(3) The person or agency that requested the waiver of presumptive transfer bears 16 the burden to show that an exception to presumptive transfer is in the best 17 interests of the child or nonminor by a preponderance of the evidence. 18 19

(4) The hearing must conclude within five court days of the initial hearing date, 20 unless a showing of good cause consistent with

section 352 or

section 682 21 supports a continuance of the hearing beyond five days. 22 23

(5) When considering whether it is in the child’s or nonminor’s best interests to 24 confirm or deny the request for a waiver of presumptive transfer, the court 25 may consider the following in addition to any other factors the court deems 26 relevant: 27 28 (

A) The child’s or nonminor’s access to specialty mental health services, 29 the current provision of specialty mental health services to the child or 30 nonminor, and whether any important service relationships will be 31 affected by the transfer of jurisdiction or a waiver of presumptive 32 transfer; 33 34 (

B) If reunification services are being provided, the impact that the transfer 35 of jurisdiction would have on reunification services; 36 37 (

C) The anticipated length of stay in the child’s or nonminor’s new 38 placement; 39 40 (

D) The position of the child or nonminor, or of the child’s or nonminor’s 41 attorney, on presumptive transfer; and 42 43

(

E) The ability to maintain specialty mental health services in the county of 1 original jurisdiction or to arrange for specialty mental health services in 2 the county of residence after the child or nonminor changes placements. 3 4

(6) Findings and orders must be made on Order after Hearing on Waiver of 5 Presumptive Transfer (form JV-215). 6 7 (

f) Existing out-of-county placement 8 9 This rule applies to presumptive transfer for any child or nonminor who resided in 10 a county other than the county of original jurisdiction after June 30, 2017, and who 11 continues to reside outside his or her county of original jurisdiction after December 12 31, 2017, and has not had a presumptive transfer determination as required under 13 Welfare and Institutions Code

section 14717.1(c)(2). Unless amended by Judicial 14 Council action effective after the effective date of this rule, this subdivision will be 15 repealed effective January 1, 2020. 16 17 Rule 5.647 adopted effective September 1, 2018. 18 19 Advisory Committee Comment 20 21 The exceptions to the presumptive transfer of the responsibility to provide for and arrange for 22 specialty mental health services to the county of the child’s or nonminor’s out-of-county 23 residence are found in Welfare and Institutions Code

section 14717.1(d)(5)(A–D). A court review 24 hearing under this rule may not necessarily be common, but under

section 14717.1(d)(7), for all 25 cases, a request for waiver, the exceptions claimed as the basis for the request, a determination 26 whether a waiver is appropriate under Welfare and Institutions Code

section 14717.1, and any 27 objections to the determination must be documented in the child’s or nonminor’s case plan under 28 Welfare and Institutions Code

section 16501.1. The Department of Health Care Services and 29 California Department of Social Services are responsible for providing policy guidance and 30 regulations to implement Assembly Bill 1299 (Ridley-Thomas; Stats. 2016, ch. 603). The policy 31 guidance and regulations should be used during the administrative process related to presumptive 32 transfer. This would include determining who is entitled to make a request for waiver under 33 (b)(1)(

D) of the rule and

section 14717.1(d)(2), where “department” refers to the Department of 34 Health Care Services. In the policy guidance and regulations, the Department of Health Care 35 Services and California Department of Social Services will determine who owes a legal duty to 36 the child or nonminor and thus may request a waiver of presumptive transfer.

In addition, the 37 policy guidance and regulations will address the timelines for the period to request a hearing. 38 Presumptive transfer cannot occur until the court has made a ruling on the request for a hearing, 39 and if a hearing is granted, makes a ruling as required in (c)(3). In accordance with the policy 40 guidance issued by the Department of Health Care Services and California Department of Social 41 Services, the delivery of existing specialty mental health services to the child or nonminor must 42 however continue without interruption, and be provided or arranged for, and paid for by the 43

Mental Health Plan in the county of original jurisdiction until the court makes a ruling on the 1 request for a hearing or makes a ruling as required in (c)(3) if a hearing is granted. 2 3 Rule 5.840. Dismissal of petition and sealing of records (§ 786) 4 5 (a) * * * 6 7 (

b) Dismissal of petition 8 9 If the court finds that a minor subject to this rule has satisfactorily completed his or 10 her informal or formal probation supervision, the court must order the petition 11 dismissed. The court must not dismiss a petition if it was sustained based on the 12 commission of an offense listed in subdivision (

b) of

section 707 when the minor 13 was 14 or older unless the finding on that offense has been dismissed or was 14 reduced to a misdemeanor or an offense not listed in subdivision (

b) of

section 707. 15 The court may also dismiss prior petitions filed or sustained against the minor if 16 they appear to the satisfaction of the court to meet the sealing and dismissal criteria 17 in

section 786. An unfulfilled order, condition, or restitution or an unpaid 18 restitution fee must not be deemed to constitute unsatisfactory completion of 19 probation supervision. The court may not extend the period of supervision or 20 probation solely for the purpose of deferring or delaying eligibility for dismissal 21 and sealing under

section 786. 22 23 (Subd (

b) amended effective Setember 1, 2018.) 24 25 (

c) Sealing of records 26 27 For any petition dismissed by the court under

section 786, including any petition 28 dismissed before adjudication, the court must also order sealed all records in the 29 custody of the court, law enforcement agencies, the probation department, and the 30 Department of Justice pertaining to those dismissed petition(

s) using form JV-596, 31 Dismissal and Sealing of Records—Welf are and Institutions Code

Section 786, or a 32 similar form. The court may also seal records pertaining to these cases in the 33 custody of other public agencies upon a request by an individual who is eligible to 34 have records sealed under

section 786, if the court determines that sealing the 35 additional record(

s) will promote the successful reentry and rehabilitation of the 36 individual. The prosecuting attorney, probation officer, and court must have access 37 to these records as specifically provided in

section 786. Access to the records for 38 research purposes must be provided as required in

section 787. 39 40 (Subd (

c) amended effective September 1, 2018.) 41 42

(d)–(f) * * * 1 2 Rule 5.840 amended effective September 1, 2018; adopted effective July 1, 2016. 3 4 Rule 5.850 Sealing of records by probation in diversion cases (§ 786.5) 5 6 (

a) Applicability 7 8 This rule states the procedures to seal the records of persons who are subject to 9

section 786.5. 10 11 (

b) Sealing of records 12 13 Upon satisfactory completion of a program of diversion or supervision under a 14 referral by the probation officer or the prosecutor instead of filing a petition to 15 adjudge the person a ward of the juvenile court, including a program of informal 16 supervision under

section 654, the probation department must seal the arrest and 17 other records in its custody relating to the arrest or referral and participation in the 18 program. The probation department must also notify the public or private agency 19 operating the diversion program to which the person has been referred to seal any 20 records in its custody relating to the arrest or referral and participation in the 21 program, and the operator of the program must do so promptly. 22 23 (

c) Notice to participant 24 25 Within 60 days of the satisfactory completion of a program subject to this rule, the 26 probation department must notify the person in writing that his or her records have 27 been sealed.

If the probation department determines that the program has not been 28 completed satisfactorily, it must notify the person in writing of the reason or 29 reasons for not sealing the record and provide the person with a copy of the 30 Petition to Review Denial of Sealing of Records After Diversion Program (form 31 JV-598) or similar local form to allow the person to seek court review of the 32 probation department’s determination within 60 days of making that 33 determination. 34 35 (

d) Review of unsatisfactory completion of program by the juvenile court 36 37 A person who receives notice from the probation department that he or she has not 38 satisfactorily completed the program and that his or her records have not been 39 sealed may seek review of that determination by the court by submitting a petition 40 to the probation department on the Petition to Review Denial of Sealing of Records 41 After Diversion Program (form JV-598) or similar local form, and the probation 42 department must file that petition with the court for a hearing to review whether he 43

or she has met the satisfactory completion requirement and is eligible for record 1 sealing by the probation department. The petition must be provided to the probation 2 department within 60 days of the date the notice from the probation department was 3 sent, and must include a copy of that notice. The probation department must file the 4 petition with the juvenile court in the county that issued the notice within 30 days of 5 receiving it. The clerk of the court must set the matter for hearing and notify the 6 petitioner and the probation department of the date, time, and location of the 7 hearing.

The court must appoint counsel to represent the child before or at the 8 hearing unless the court finds that the child has made an intelligent waiver of the 9 right to counsel under

section 634 or is already represented. If the court finds after 10 the hearing that the petitioner is eligible to have the records sealed under

section 11 786.5, it must order the probation department to promptly comply with the sealing 12 and notice requirements of this rule. 13 14 Rule 5.850 adopted effective September 1, 2018. 15