AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on October 28, 2011, effective on January 1, 2012 Rule 2.503. Public access................................................................................................... 3 Rule 3.826. Trial after arbitration ...................................................................................... 3 Rule 3.827. Entry of award as judgment............................................................................ 4 Rule 3.1152.

Requests for protective orders to prevent civil harassment, and workplace violence, private postsecondary school violence, and elder or dependent adult abuse ....................................................................................................................... 4 Rule 3.1153. Minors may appear without counsel to seek specified restraining orders .... 6 Rule 3.1372. Petitions for relief from financial obligations during military service ......... 6 Rule 4.552. Habeas corpus jurisdiction ............................................................................. 7 Rule 5.83.

Family Centered Case Resolution .................................................................... 8 Rule 5.93. Attorney’s fees and costs ................................................................................ 13 Rule 5.242. Qualifications, rights, and responsibilities of counsel appointed to represent a child in family law proceedings .............................................................. 15 Rule 5.250. Children’s participation and testimony in family court proceedings ........... 17 Rule 5.380.

Agreement and judgment of parentage in Domestic Violence Prevention Act cases ...................................................................................................... 22 Rule 5.381. Modification of child custody, visitation, and support orders in Domestic Violence Prevention Act cases ...................................................................... 23 Rule 5.502.

Definitions and use of terms ......................................................................... 24 Rule 5.504. Judicial Council forms.................................................................................. 26 Rule 5.530 Persons present .............................................................................................. 27 Rule 5.531. Appearance by telephone (§ 388; Pen. Code § 2625) .................................. 30 Rule 5.555.

Hearing to consider termination of juvenile court jurisdiction over a nonminor— Dependents or wards of the juvenile court in a foster care placement and nonminor dependents (§§ 224.1(b), 303, 366.31, 391, 607.3, 16501.1(f)(16)) ...... 31 Rule 5.630. Restraining orders......................................................................................... 39 Rule 5.645. Mental health or condition of child; court procedures ................................. 44 Rule 5.707.

Review hearing requirements for child approaching majority (§§ 224.1, 366(a)(1)(F), 366.3(l), 366.3(n), 16501.1(f)(16)) .......................................................... 46 Rule 5.740. Hearings subsequent to a permanent plan (§§ 366.26, 366.3, 391) ............. 50 Rule 5.812. Additional requirements for any hearing to terminate jurisdiction over child in foster care and for status review hearing for child approaching majority (§§ 450, 451, 727.2(i)–(j), 778) ....................................................................... 50 Rule 5.900.

Nonminor dependent— Preliminary provisions (§§ 224.1(b), 295, 303, 366, 366.3, 388, 391, 607(a)) ................................................................................. 60 Rule 5.903. Nonminor dependent status review hearing (§§ 224.1(b), 295, 366(f), 366.1, 366.3) .................................................................................................................. 62 Rule 5.906. Request by nonminor for the juvenile court to resume jurisdiction (§§ 224.1(b), 303, 388(e)) .............................................................................................. 67 Rule 8.385.

Proceedings after the petition is filed ........................................................... 79

3 Rule 2.503. Public access 1 2 (a)–(b) *** 3 4 (

c) Courthouse electronic access only 5 6 A court that maintains the following records in electronic form must provide 7 electronic access to them at the courthouse, to the extent it is feasible to do so, but 8 may provide remote electronic access only to the records governed by (b): 9 10 (1)–(7) *** 11 12

(8) Records in a private postsecondary school violence prevention proceeding 13 under Code of Civil Procedure

section 527.85; 14 15 (8)

(9) Records in an elder or dependent adult abuse prevention proceeding under 16 Welfare and Institutions Code

section 15657.03; and 17 18 (9)

(10) Records in proceedings to compromise the claims of a minor or a person 19 with a disability. 20 21 (Subd (

c) amended effective January 1, 2012; previously amended effective July 1, 2004, 22 January 1, 2007, January 1, 2008, and January 1, 2010.) 23 24 (d)–(i) *** 25 26 Rule 2.503 amended effective January 1, 2012; adopted as rule 2073 effective July 1, 2002; 27 previously amended and renumbered effective January 1, 2007; previously amended effective 28 July 1, 2004, January 1, 2005, January 1, 2008, and January 1, 2010. 29 30 31 Rule 3.826. Trial after arbitration 32 33 (

a) Request for trial; deadline 34 35 Within 30 60 days after the arbitration award is filed with the clerk of the court, a 36 party may request a trial by filing with the clerk a request for trial, with proof of 37 service of a copy upon all other parties appearing in the case. A request for trial 38 filed after the parties have been served with a copy of the award by the arbitrator, 39 but before the award has been filed with the clerk, is valid and timely filed. The 30 40 60-day period within which to request trial may not be extended. 41 42

4 (Subd (

a) amended effective January 1, 2012; previously amended effective January 1, 1 1985, July 1, 1990, January 1, 2004, and January 1, 2007.) 2 3 (b)–(d) *** 4 5 Rule 3.826 amended effective January 1, 2012; adopted as rule 1616 effective July 1, 1976; 6 previously amended effective July 1, 1979, July 1, 1990, and January 1, 2004; previously 7 amended and renumbered effective January 1, 2007. 8 9 10 Rule 3.827. Entry of award as judgment 11 12 (

a) Entry of award as judgment by clerk 13 14 The clerk must enter the award as a judgment immediately upon the expiration of 15 30 60 days after the award is filed if no party has, during that period, served and 16 filed either: 17 18

(1) A request for trial as provided in these rules.; or 19 20

(2) A Request for Dismissal (form CIV-110) of the entire case or as to all parties 21 to the arbitration. The Request for Dismissal must be fully completed and 22 must include the signatures of all those whose consent is required for 23 dismissal. 24 25 (Subd (

a) amended effective January 1, 2012.) 26 27 (b)–(c) *** 28 29 Rule 3.827 amended effective January 1, 2012; adopted effective January 1, 2007. 30 31 Rule 3.1152. Requests for protective orders to prevent civil harassment, and 32 workplace violence, private postsecondary school violence, and elder or 33 dependent adult abuse 34 35 (

a) Scheduling of hearing 36 37 On the filing of a petition for an injunction under Code of Civil Procedure

section 38 527.6 or 527.8, a hearing must be set in accordance with the requirements of 39 subdivision (

d) of

section 527.6 or subdivision (

f) of

section 527.8. 40 41 (

a) Application 42 43

5 This rule applies to requests for protective orders under Code of Civil Procedure 1 sections 527.6, 527.8, and 527.85, and Welfare and Institutions Code

section 2 15657.03. 3 4 (Subd (

a) adopted effective January 1, 2012.) 5 6 (

b) No memorandum required Temporary restraining order 7 8 Unless ordered by the court, no memorandum is required in support of or in 9 opposition to a request for a protective order A temporary restraining order may be 10 granted in accordance with the provisions of Code of Civil Procedure

section 11 527.6(

c) or 527.8(e), but unless otherwise ordered no memorandum is required. 12 13 (Subd (

b) amended effective January 1, 2012; previously amended effective July 1, 1995, 14 January 1, 2002, and January 1, 2007.) 15 16 (

c) Service of petition requests, notices, and orders 17 18 The petition and order to show cause, request for a protective order, notice of 19 hearing, and any temporary restraining order, must be personally served on the 20 defendant respondent at least five days before the hearing, unless the court for good 21 cause orders a shorter time. Service must be made in the manner provided by law 22 for personal service of summons in civil actions. 23 24 (Subd (

c) amended effective January 1, 2012; previously amended effective January 1, 25 1993, and January 1, 2007.) 26 27 (

d) Response by defendant 28 29 The response to a request for a protective order may be written or oral, or both. If A 30 a written response by defendant must be filed and delivered to plaintiff or 31 plaintiff’s is served on the petitioner or, if the petitioner is represented, on the 32 petitioner’s attorney no later than 48 hours at least two days before the hearing., the 33 petitioner is not entitled to a continuance on account of the response. 34 35 (Subd (

d) amended effective January 1, 2012; previously amended effective January 1, 36 2007.) 37 38 (

e) Continuance 39 40 A respondent may request continuance of the hearing upon a showing of good 41 cause. If the court in its discretion grants the continuance, any temporary 42

6 restraining order that has been granted remains in effect until the end of the 1 continued hearing unless otherwise ordered by the court. 2 3 (Subd (

e) adopted effective January 1, 2012.) 4 5 Rule 3.1152 amended effective January 1, 2012; adopted as rule 363 effective January 1, 1984; 6 previously amended effective January 1, 1993, July 1, 1995, January 1, 2000, and January 1, 7 2002; previously amended and renumbered effective January 1, 2007. 8 9 10 Rule 3.1153. Minors may appear without counsel to seek specified restraining 11 orders 12 13 A minor, accompanied by a duly appointed and acting guardian ad litem, may be 14 permitted to appear in court without counsel for the limited purpose of obtaining or 15 opposing: 16 17

(1) An injunction or temporary restraining order or both to prohibit harassment under 18 Code of Civil Procedure

section 527.6; 19 20

(2) An injunction or temporary restraining order or both against violence or a credible 21 threat of violence in the workplace under Code of Civil Procedure

section 527.8; 22 23

(3) A protective order under Family Code

section 6200 et seq.; or 24 25

(4) A protective order under Family Code sections 7710 and 7720. 26 27 In making the determination concerning allowing appearance without counsel, the court 28 should consider whether the minor and the guardian have divergent interests. 29 30 Rule 3.1153 repealed effective January 1, 2012; adopted as rule 364 effective July 1, 1995; 31 previously amended and renumbered effective January 1, 2007. 32 33

Chapter 8. Other Civil Petitions 34 35 Rule 3.1372. Petitions for relief from financial obligations during military service 36 37 (

a) Application 38 39 This rule applies to petitions for relief from financial obligations made by a 40 servicemember under Military and Veterans Code

section 409.3. 41 42

7 (

b) Service of petition 1 2 Service of the petition for relief and all supporting papers must be made in the 3 manner provided by law for service of summons in civil actions. 4 5 (

c) No memorandum required 6 7 Unless ordered by the court, no memorandum is required in support of or 8 opposition to a petition for relief. 9 10 Rule 3.1372 adopted effective January 1, 2012. 11 12 Rule 4.552. Habeas corpus jurisdiction 13 14 (

a) Proper court to hear petition 15 16 Except as stated in (

b) and (c), the petition must should be heard and resolved in the 17 court in which it is filed. 18 19 (Subd (

a) amended effective January 1, 2012; previously amended effective January 1, 20 2006, and January 1, 2007.) 21 22 (

b) Transfer of petition— discretionary 23 24 (1) *** 25 26

(2) If the superior court in which the petition is filed determines that the matter 27 may be more properly heard by the superior court of another county, it may 28 nonetheless retain jurisdiction in the matter or, without first determining 29 whether a prima facie case for relief exists, order the matter transferred to the 30 other county. Transfer may be ordered in the following circumstances: 31 32 (A)–(B) *** 33 34 (

C) If the petition challenges the denial of parole or the petitioner’s 35 suitability for parole and is filed in a superior court other than the court 36 that rendered the underlying judgment, the court in which the petition is 37 filed should transfer the petition to the superior court in which the 38 underlying judgment was rendered. 39 40 (3)–(4) *** 41 42

8 (Subd (

b) amended effective January 1, 2012; previously amended effective January 1, 1 2006.) 2 3 (

c) Transfer of petition— mandatory 4 5 If the petition challenges the denial of parole or the petitioner’s suitability for 6 parole and is filed in a superior court other than the court that rendered the 7 underlying judgment, the court in which the petition is filed must transfer the 8 petition to the superior court in which the underlying judgment was rendered. The 9 court must transfer the case before determining whether the petition states a prima 10 facie case for relief and specify in the order of transfer the reason for the transfer. 11 12 (d)(

c) Single judge must decide petition 13 14 *** 15 (Subd (

c) relettered effective January 1, 2012; adopted as subd (

c) effective January 1, 16 2002; previously relettered as subd. (

d) effective January 1, 2006.) 17 18 Rule 4.552 amended effective January 1, 2012; adopted effective January 1, 2002; previously 19 amended effective January 1, 2006, and January 1, 2007. 20 21 Advisory Committee Comment 22 23 Subdivision (c)(b)(2)(C). This subdivision is based on the California Supreme Court decision in 24 In re Roberts (2005) 36 Cal.4th 575, which provides that petitions for writ of habeas corpus 25 challenging denial or suitability for parole are to should first be adjudicated in the trial court that 26 rendered the underlying judgment. 27 28 29 Rule 5.83. Family Centered Case Resolution 30 31 (

a) Purpose 32 33 This rule establishes processes and procedures for courts to manage cases from 34 initial filing to final disposition in an effective and timely manner. It is intended to 35 advance the goals of Family Code

section 2450(

a) and Standards of Judicial 36 Administration, standard 5.30. 37 38 (

b) Definitions 39 40 (1) “Family centered case resolution process” refers to the process employed by 41 the court to ensure that family law cases move through the court process from 42 filing to final disposition in a timely, fair, and effective manner. 43

9 1 (2) “Disposition” refers to final judgment, dismissal, change of venue, or 2 consolidation of the case into a lead case. Courts may continue a case in, or 3 return a case to, the family centered case resolution process after disposition. 4 5 (3) “Status conference” refers to court events scheduled with the parties and 6 attorneys for the purpose of identifying the current status of the case and 7 determining the next steps required to reach disposition. 8 9 (4) “Family centered case resolution conference” refers to a conference 10 scheduled with parties, attorneys, and a judicial officer to develop and 11 implement a family centered case resolution plan under Family Code

section 12 2451. 13 14 (

c) Family centered case resolution process 15 16

(1) Beginning January 1, 2012, courts must develop a family centered case 17 resolution process which must be fully implemented by January 1, 2013. The 18 family centered case resolution process must identify and assist all 19 dissolution, legal separation, nullity, and parentage cases to progress through 20 the court process toward disposition effectively in a timely manner. The court 21 may identify other family law case types to include in the family centered 22 case resolution process. 23 24

(2) For cases filed on or after January 1, 2013, the court must include as part of 25 the family centered case resolution process a review of all dissolution, legal 26 separation, nullity, and parentage cases within at least 180 days from the date 27 of the initial filing and at a minimum, at least every 180 days thereafter until 28 disposition in order to determine the most appropriate next steps to help 29 ensure an effective, fair, and timely resolution. Unless the court determines 30 that procedural milestones are being met, the review must include at least one 31 of the following: (1) a status conference or (2) a family centered case 32 resolution conference. Nothing in this

section prohibits courts from setting 33 more frequent review dates. 34 35

(3) If, after 18 months from the date the petition was filed, both parties have 36 failed to participate in the case resolution process as determined by the court, 37 the court’s obligation for further review of the case is relieved until the case 38 qualifies for dismissal under Code of Civil Procedure

section 583.210 or 39 583.310, or until the parties reactivate participation in the case, and the case 40 is not counted toward the goals for disposition set out in (c)(5). 41 42

(4) In deciding whether a case is progressing in an effective and timely manner, 1 the court should consider procedural milestones including the following: 2 3 (

A) A proof of service of summons and petition should be filed within 60 4 days of case initiation; 5 6 (

B) If no response has been filed, and the parties have not agreed on an 7 extension of time to respond, a request to enter default should be 8 submitted within 60 days after the date the response was due; 9 10 (

C) The petitioner’s preliminary declaration of disclosure should be served 11 within 60 days of the filing of the petition; 12 13 (

D) When a default has been entered, a judgment should be submitted 14 within 60 days of the entry of default; 15 16 (

E) Whether a trial date has been requested or scheduled; and 17 18 (

F) When the parties have notified the court that they are actively 19 negotiating or mediating their case, a written agreement for judgment is 20 submitted within six months of the date the petition was filed, or a 21 request for trial date is submitted. 22 23

(5) For dissolution, legal separation, and nullity cases initially filed on or after 24 January 1, 2014, the goals of any family centered case resolution process 25 should be to finalize dispositions as follows: 26 27 (

A) At least 20 percent are disposed within 6 months from the date the 28 petition was filed; 29 30 (

B) At least 75 percent are disposed within 12 months from the date the 31 petition was filed; and 32 33 (

C) At least 90 percent are disposed within 18 months from the date the 34 petition was filed. 35 36

(6) The court may select various procedural milestones at which to assist cases in 37 moving toward disposition in an effective and timely manner. Types of 38 assistance that can be provided include the following: 39 40 (

A) Notifying the parties and attorneys by mail, telephone, e-mail, or other 41 electronic method of communication of the current status of the case 42 and the next procedural steps required to reach disposition; 43

11 1 (

B) Implementing a

schedule of status conferences for cases to identify the 2 status of the case and determine the next steps required to progress 3 toward disposition; 4 5 (

C) Providing assistance to the parties at the time scheduled for hearings on 6 requests for orders to identify the status of the case and determine the 7 next steps required to reach disposition; 8 9 (

D) Providing financial and property settlement opportunities to the parties 10 and their attorneys with judicial officers or qualified attorney settlement 11 officers; 12 13 (

E) Scheduling a family centered case resolution conference to develop and 14 implement a family centered case resolution plan under Family Code 15

section 2451. 16 17

(7) In deciding that a case requires a family centered case resolution conference, 18 the court should consider, in addition to procedural milestones, factors 19 including the following: 20 21 (

A) Difficulty in locating and serving the respondent; 22 23 (

B) Complexity of issues; 24 25 (

C) Nature and extent of anticipated discovery; 26 27 (

D) Number and locations of percipient and expert witnesses; 28 29 (

E) Estimated length of trial; 30 31 (

F) Statutory priority for issues such as custody and visitation of minor 32 children; 33 34 (

G) Extent of property and support issues in controversy; 35 36 (

H) Existence of issues of domestic violence, child abuse, or substance 37 abuse; 38 39 (

I) Pendency of other actions or proceedings that may affect the case; and 40 41 (

J) Any other factor that would affect the time for disposition. 42 43

12 (

d) Family centered case resolution conferences 1 2

(1) The court may hold an initial family centered case resolution conference to 3 develop a specific case resolution plan. The conference is not intended to be 4 an evidentiary hearing. 5 6

(2) Family centered case resolution conferences must be heard by a judicial 7 officer. On the court’s initiative or at the request of the parties, to enhance 8 access to the court, the conference may be held in person, by telephone, by 9 videoconferencing, or by other appropriate means of communication. 10 11

(3) At the conference, counsel for each party and each self-represented litigant 12 must be familiar with the case and must be prepared to discuss the party’s 13 positions on the issues. 14 15

(4) With the exception of mandatory child custody mediation and mandatory 16 settlement conferences, before alternative dispute resolution (ADR) is 17 included in a family centered case resolution plan under Family Code

section 18 2451(a)(2), the court must inform the parties that their participation in any 19 court recommended ADR services is voluntary and that ADR services can be 20 part of a plan only if both parties voluntarily opt to use these services. 21 Additionally, the court must: 22 23 (

A) Inform the parties that ADR may not be appropriate in cases involving 24 domestic violence and provide information about separate sessions; and 25 26 (

B) Ensure that all court-connected providers of ADR services that are

part 27 of a family centered case resolution plan have been trained in assessing 28 and handling cases that may involve domestic violence. 29 30

(5) Nothing in this rule prohibits an employee of the court from reviewing the 31 file and notifying the parties of any deficiencies in their paperwork before the 32 parties appear in front of a judicial officer at a family centered case resolution 33 conference. This type of assistance can occur by telephone, in person, or in 34 writing, on or before each scheduled family centered case resolution 35 conference. However, this type of procedural assistance is not intended to 36 replace family centered case resolution plan management or to create a 37 barrier to litigants’ access to a judicial officer. 38 39 (

e) Family centered case resolution plan order 40 41

(1) Family centered case resolution plans as ordered by the court must comply 42 with Family Code sections 2450(

b) and 2451. 43

13 1

(2) The family centered case resolution plan order should set a

schedule for 2 subsequent family centered case resolution conferences and otherwise 3 provide for management of the case. 4 5 (

f) Family centered case resolution order without appearance 6 7 If the court determines that appearances at a family centered case resolution 8 conference are not necessary, the court may notify the parties and, if stipulated, 9 issue a family centered case resolution order without an appearance at a conference. 10 11 (

g) Family centered case resolution information 12 13

(1) Upon the filing of first papers in dissolution, legal separation, nullity, or 14 parentage actions the court must provide the filing party with the following: 15 16 (

A) Written information summarizing the process of a case through 17 disposition; 18 19 (

B) A list of local resources that offer procedural assistance, legal advice or 20 information, settlement opportunities, and domestic violence services; 21 22 (

C) Instructions for keeping the court informed of the person’s current 23 address and phone number, and e-mail address; 24 25 (

D) Information for self-represented parties about the opportunity to meet 26 with court self-help center staff or a family law facilitator; and 27 28 (

E) Information for litigants on how to request a status conference, or a 29 family centered case resolution conference earlier than or in addition to, 30 any status conference or family centered case resolution conferences 31 scheduled by the court. 32 33 Rule 5.83 adopted effective January 1, 2012. 34 35 36 Rule 5.93. Attorney’s fees and costs 37 38 (

a) Application 39 40 This rule applies to attorney’s fees and costs based on financial need, as described 41 in Family Code sections 2030, 2032, 3121, 3557, and 7605. 42 43

14 (

b) Request 1 2

(1) Except as provided in Family Code

section 2031(b), to request attorney’s fees 3 and costs, a party must complete, file and serve the following documents: 4 5 (

A) Application for Order (form FL-310) attached to an Order to Show 6 Cause (form FL-300) or a Notice of Motion (form FL-301); 7 8 (

B) Request for Attorney’s Fees and Costs Attachment (form FL-319) or a 9 comparable declaration that addresses the factors covered in form FL- 10 319; 11 12 (

C) A current Income and Expense Declaration (form FL-150); 13 14 (

D) A personal declaration in support of the request for attorney’s fees and 15 costs, either using Supporting Declaration for Attorney’s Fees and 16 Costs Attachment (form FL-158) or a comparable declaration that 17 addresses the factors covered in form FL-158; and 18 19 (

E) Any other papers relevant to the relief requested. 20 21

(2) The party requesting attorney’s fees and costs must provide the court with 22 sufficient information about the attorney’s hourly billing rate; the nature of 23 the litigation; the attorney’s experience in the particular type of work 24 demanded; the fees and costs incurred or anticipated; and why the requested 25 fees and costs are just, necessary, and reasonable. 26 27 (

c) Response to request 28 29 To respond to the request for attorney’s fees and costs, a party must complete, file, 30 and serve the following documents: 31 32

(1) Responsive Declaration to Order to Show Cause or Notice of Motion (form 33 FL-320); 34 35

(2) A current Income and Expense Declaration (form FL-150); 36 37

(3) A personal declaration responding to the request for attorney’s fees and costs, 38 either using Supporting Declaration for Attorney’s Fees and Costs 39 Attachment (form FL-158) or a comparable declaration that addresses the 40 factors covered in form FL-158; and 41 42

(4) Any other papers relevant to the relief requested. 43

15 1 (

d) Income and expense declaration 2 3 Both parties must complete, file, and serve a current Income and Expense 4 Declaration (form FL-150). A Financial Statement (Simplified) (form FL-155) is 5 not appropriate for use in proceedings to determine or modify attorney’s fees and 6 costs. 7 8 (1) “Current” is defined as being completed within the past three months, 9 provided that no facts have changed. The form must be sufficiently 10 completed to allow determination of the issues. 11 12

(2) When attorney’s fees are requested by either party, the

section on the Income 13 and Expense Declaration (form FL-150) related to the amount in savings, 14 credit union, certificates of deposit, and money market accounts must be fully 15 completed, as well as the

section related to the amount of attorney’s fees 16 incurred, currently owed, and the source of money used to pay such fees. 17 18 (

e) Court findings and order 19 20 The court may make findings and orders regarding attorney’s fees and costs by 21 using Attorney’s Fees and Costs Order Attachment (form FL-346). This form is an 22 attachment to Findings and Order After Hearing (form FL-340), Judgment (form 23 FL-180), and Judgment (Uniform Parentage— Custody and Support) (form FL- 24 250). 25 26 Rule 5.93 adopted effective January 1, 2012. 27 28 Rule 5.242. Qualifications, rights, and responsibilities of counsel appointed to 29 represent a child in family law proceedings 30 31 (a)–(i) *** 32 33 (

j) Responsibilities of counsel for a child 34 35 Counsel is charged with the representation of the best interest of the child’s best 36 interest. The role of the child’s counsel is to gather facts evidence that bears on the 37 best interest of the child and present those facts that admissible evidence to the 38 court, including the child’s wishes when counsel deems it appropriate for 39 consideration by the court under Family Code

section 3042. in any manner 40 appropriate for the counsel of a party. If the child so desires, the child’s counsel 41 must present the child’s wishes to the court. 42 43

(1) The cCounsel’s duties, unless under the circumstances it is inappropriate to 1 exercise the duties, include those under Family Code

section 3151: 2 3 (1)(

A) Interviewing the child; 4 5 (2)(

B) Reviewing the court files and all accessible relevant records 6 available to both parties; and 7 8 (3)(

C) Making any further investigations that counsel considers 9 necessary to ascertain the facts relevant to the custody or visitation 10 hearings;. 11 12

(4) Participating in the proceeding to the degree necessary to adequately 13 represent the child, including introducing and examining counsel’s own 14 witnesses and presenting arguments to the court concerning the child’s 15 welfare; and 16 17

(5) Preparing, at the court’s request, a written statement of issues and contentions 18 setting forth the facts that bear on the best interest of the child. 19

(2) Counsel must serve notices and pleadings on all parties consistent with the 20 requirements for parties. 21 22

(3) Counsel may introduce and examine witnesses, present arguments to the 23 court concerning the child’s welfare, and participate further in the proceeding 24 to the degree necessary to represent the child adequately. 25 26

(4) In any case in which counsel is representing a child who is called to testify in 27 the proceeding, counsel must: 28 29 (

A) Provide information to the child in an age-appropriate manner about the 30 limitations on confidentiality and the possibility that information 31 provided to the court may be on the record and provided to the parties 32 in the case; 33 34 (

B) Allow but not require the child to state a preference regarding custody 35 or visitation and, in an age-appropriate manner, provide information 36 about the process by which the court will make a decision; 37 38 (

C) Provide procedures relevant to the child’s participation and, if 39 appropriate, provide an orientation to the courtroom where the child 40 will be testifying; and 41 42

17 (

D) Inform the parties and then the court about the client’s desire to provide 1 input. 2 3 (Subd (

j) amended effective January 1, 2012.) 4 5 (k) * * * 6 7 Rule 5.242 amended effective January 1, 2012; adopted effective January 1, 2008. 8 9 10 Rule 5.250. Children’s participation and testimony in family court proceedings 11 12 (

a) Children’s participation 13 14 This rule is intended to implement Family Code

section 3042. Children’s 15 participation in family law matters must be considered on a case-by-case basis. No 16 statutory mandate, rule, or practice requires children to participate in court or 17 prohibits them from doing so. When a child wishes to participate, the court should 18 find a balance between protecting the child, the statutory duty to consider the 19 wishes of and input from the child, and the probative value of the child’s input 20 while ensuring all parties’ due process rights to challenge evidence relied upon by 21 the court in making custody decisions. 22 23 (

b) Determining if the child wishes to address the court 24 25

(1) The following persons must inform the court if they have information 26 indicating that a child in a custody or visitation (parenting time) matter 27 wishes to address the court: 28 29 (

A) A minor’s counsel; 30 31 (

B) An evaluator; 32 33 (

C) An investigator; and 34 35 (

D) A child custody recommending counselor who provides 36 recommendations to the judge under Family Code

section 3183. 37 38

(2) The following persons may inform the court if they have information 39 indicating that a child wishes to address the court: 40 41 (

A) A party; and 42 43

18 (

B) A party’s attorney. 1 2

(3) In the absence of information indicating a child wishes to address the court, 3 the judicial officer may inquire whether the child wishes to do so. 4 5 (

c) Guidelines for determining whether addressing the court is in the child’s best 6 interest 7 8

(1) When a child indicates that he or she wishes to address the court, the judicial 9 officer must consider whether involving the child in the proceedings is in the 10 child’s best interest. 11 12

(2) If the child indicating an interest in addressing the court is 14 years old or 13 older, the judicial officer must hear from that child unless the court makes a 14 finding that addressing the court is not in the child’s best interest and states 15 the reasons on the record. 16 17

(3) In determining whether addressing the court is in a child’s best interest, the 18 judicial officer should consider the following: 19 20 (

A) Whether the child is of sufficient age and capacity to reason to form an 21 intelligent preference as to custody or visitation (parenting time); 22 23 (

B) Whether the child is of sufficient age and capacity to understand the 24 nature of testimony; 25 26 (

C) Whether information has been presented indicating that the child may 27 be at risk emotionally if he or she is permitted or denied the opportunity 28 to address the court or that the child may benefit from addressing the 29 court; 30 31 (

D) Whether the subject areas about which the child is anticipated to 32 address the court are relevant to the court’s decisionmaking process; 33 and 34 35 (

E) Whether any other factors weigh in favor of or against having the child 36 address the court, taking into consideration the child’s desire to do so. 37 38 (

d) Guidelines for receiving testimony and other input 39 40

(1) If the court precludes the calling of a child as a witness, alternatives for the 41 court to obtain information or other input from the child may include, but are 42 not limited to: 43

19 1 (

A) The child’s participation in child custody mediation under Family Code 2

section 3180; 3 4 (

B) Appointment of a child custody evaluator or investigator under Family 5 Code

section 3110 or Evidence Code

section 730; 6 7 (

C) Admissible evidence provided by the parents, parties, or witnesses in 8 the proceeding; 9 10 (

D) Information provided by a child custody recommending counselor 11 authorized to provide recommendations under Family Code

section 12 3183(a); and 13 14 (

E) Information provided from a child interview center or professional so 15 as to avoid unnecessary multiple interviews. 16 17

(2) If the court precludes the calling of a child as a witness and specifies one of 18 the other alternatives, the court must require that the information or evidence 19 obtained by alternative means and provided by a professional or nonparty: 20 21 (

A) Be in writing and fully document the child’s views on the matters on 22 which the child wished to express an opinion; 23 24 (

B) Describe the child’s input in sufficient detail to assist the court in its 25 adjudication process; 26 27 (

C) Be provided to the court and to the parties by an individual who will be 28 available for testimony and cross-examination; and 29 30 (

D) Be filed in the confidential portion of the family law file. 31 32

(3) On deciding to take the testimony of a child, the judicial officer should 33 balance the necessity of taking the child’s testimony in the courtroom with 34 parents and attorneys present with the need to create an environment in which 35 the child can be open and honest. In each case in which a child’s testimony 36 will be taken, courts should consider: 37 38 (

A) Where the testimony will be taken, including the possibility of closing 39 the courtroom to the public or hearing from the child on the record in 40 chambers; 41 42

20 (

B) Who should be present when the testimony is taken, such as: both 1 parents and their attorneys, only attorneys in the case in which both 2 parents are represented, the child’s attorney and parents, or only a court 3 reporter with the judicial officer; 4 5 (

C) How the child will be questioned, such as whether only the judicial 6 officer will pose questions that the parties have submitted, whether 7 attorneys or parties will be permitted to cross-examine the child, or 8 whether a child advocate or expert in child development will ask the 9 questions in the presence of the judicial officer and parties or a court 10 reporter; and 11 12 (

D) Whether a court reporter is available in all instances, but especially 13 when testimony may be taken outside the presence of the parties and 14 their attorneys and, if not, whether it will be possible to provide a 15 listening device so that testimony taken in chambers may be heard 16 simultaneously by the parents and their attorneys in the courtroom or to 17 otherwise make a record of the testimony. 18 19

(4) In taking testimony from a child, the court must take special care to protect 20 the child from harassment or embarrassment and to restrict the unnecessary 21 repetition of questions. The court must also take special care to ensure that 22 questions are stated in a form that is appropriate to the witness’s age or 23 cognitive level. If the child is not represented by an attorney, the court must 24 inform the child in an age-appropriate manner about the limitations on 25 confidentiality and that the information provided to the court will be on the 26 record and provided to the parties in the case.

In the process of listening to 27 and inviting the child’s input, the court must allow but not require the child to 28 state a preference regarding custody or visitation and should, in an age- 29 appropriate manner, provide information about the process by which the 30 court will make a decision. 31 32

(5) In any case in which a child will be called to testify, the court may consider 33 the appointment of minor’s counsel for that child. The court may consider 34 whether such appointment will cause unnecessary delay or otherwise 35 interfere with the child’s ability to participate in the process. In addition to 36 adhering to the requirements for minor’s counsel under Family Code

section 37 3151 and rules 5.240, 5.241, and 5.242, minor’s counsel must: 38 39 (

A) Provide information to the child in an age-appropriate manner about the 40 limitations on confidentiality and indicate to the child the possibility 41 that information provided to the court will be on the record and 42 provided to the parties in the case; 43

21 1 (

B) Allow but not require the child to state a preference regarding custody 2 or visitation (parenting time) and, in an age-appropriate manner, 3 provide information about the process by which the court will make a 4 decision; 5 6 (

C) Provide procedures relevant to the child’s participation and, if 7 appropriate, provide an orientation to the courtroom where the child 8 will be testifying; and 9 10 (

D) Inform the parties and then the court about the client’s desire to provide 11 input. 12 13

(6) No testimony of a child may be received without such testimony being heard 14 on the record or in the presence of the parties. This requirement may not be 15 waived by stipulation. 16 17 (

e) Responsibilities of court-connected or appointed professionals 18 19 A child custody evaluator, a child custody recommending counselor, an 20 investigator, or a mediator appointed or assigned to meet with a child in a family 21 court proceeding must: 22 23

(1) Provide information to the child in an age-appropriate manner about the 24 limitations on confidentiality and the possibility that information provided to 25 the professional may be shared with the court on the record and provided to 26 the parties in the case; 27 28

(2) Allow but not require the child to state a preference regarding custody and 29 visitation (parenting time), and, in an age-appropriate manner, provide 30 information about the process by which the court will make a decision; and 31 32

(3) Provide to the parents of the child participating in the court process 33 information about local court procedures relevant to the child’s participation 34 and information about how to best support the child in an age-appropriate 35 manner during the court process. 36 37 (

f) Methods of providing information to parents and supporting children 38 39 Courts should provide information to parties and parents and support for children 40 when children want to participate or testify or are otherwise involved in family law 41 proceedings. Such methods may include but are not limited to: 42 43

(1) Having court-connected professionals meet jointly or separately with the 1 parents or parties to discuss alternatives to having a child provide direct 2 testimony; 3 4

(2) Providing an orientation for a child about the court process and the role of the 5 judicial officer in making decisions, how the courtroom or chambers will be 6 set up, and what participating or testifying will entail; 7 8

(3) Providing information to parents or parties before and after a child 9 participates or testifies so that they can consider the possible effect on their 10 child of participating or not participating in a given case; 11 12

(4) Including information in child custody mediation orientation presentations 13 and publications about a child’s participation in family law proceedings; 14 15

(5) Providing a children’s waiting room; and 16 17

(6) Providing an interpreter for the child, if needed. 18 19 (

g) Education and training 20 21 Education and training content for court staff and judicial officers should include 22 information on children’s participation in family court processes, methods other 23 than direct testimony for receiving input from children, and procedures for taking 24 children’s testimony. 25 26 Rule 5.250 adopted effective January 1, 2012. 27 28 Advisory Committee Comment 29 30 Rule 5.250 does not apply to probate guardianships except as and to the extent that the rule is 31 incorporated or expressly made applicable by a rule of court in title 7 of the California Rules of 32 Court. 33 34 35 Rule 5.380.

Agreement and judgment of parentage in Domestic Violence Prevention 36 Act cases 37 38 (

a) No requirement to open separate case; no filing fee 39 40

(1) If the court accepts the agreement of parentage and issues a judgment of 41 parentage, the court may not require a party to open a separate parentage or 42 other type of case in which to file the judgment. The court may open a 43

23 separate type of case, but the court must not charge a fee for filing the 1 judgment of parentage in the new case. 2 3

(2) When a judgment of parentage is filed in a Domestic Violence Prevention 4 Act case in which a restraining order is currently in effect, no filing fee may 5 be charged. 6 7 (

b) Retention 8 9 The judgment must be retained by the court as a paternity record under 10 Government Code

section 68152. 11 12 (

c) Notice of Entry of Judgment 13 14 When Agreement and Judgment of Parentage (form DV-180) is filed, the court 15 must mail Notice of Entry of Judgment (form FL-190). 16 17 Rule 5.380 adopted effective January 1, 2012. 18 19 20 Rule 5.381. Modification of child custody, visitation, and support orders in 21 Domestic Violence Prevention Act cases 22 23 (

a) Application of rule 24 25 This rule addresses court procedures for the modification of child custody, 26 visitation, and support orders in accordance with Family Code

section 6340(a). 27 28 (

b) Filing fees 29 30 A filing fee may be charged on a request to modify a child custody, visitation, or 31 support order only after a protective order, as defined in Family Code

section 6218, 32 is no longer in effect. The filing fee, if charged, is the same as the filing fee for a 33 motion, application, or any other paper requiring a hearing after the first paper. 34 35 (

c) Retention 36 37 The court must retain any child custody, visitation, or support order filed in a 38 Domestic Violence Prevention Act as a Family Law order under Government Code 39

section 68152(c)(5). 40 41 Rule 5.381 adopted effective January 1, 2012. 42 43

24 1 Rule 5.502.

Definitions and use of terms 2 3

Definitions (§§ 202(e), 319, 361, 361.5(a)(3), 628.1, 636, 726, 727.3(c)(2), 727.4(d), 4 11400(v), 11400(y); 20 U.S.C. § 1415; 25 U.S.C. § 1903(2)) 5 6 As used in these rules, unless the context or subject matter otherwise requires: 7 8 (1)–(15) *** 9 10 (16) “General jurisdiction” means the jurisdiction the juvenile court retained over a 11 nonminor at the time of the dismissal of dependency jurisdiction, delinquency 12 jurisdiction, or transition jurisdiction for the purpose of considering a request to 13 resume its dependency jurisdiction or to assume or resume its transition jurisdiction 14 over the person as a nonminor dependent. 15 16 (16)(17) *** 17 18 (17)(18) *** 19 20 (18)(19) *** 21 22 (19)(20) *** 23 24 (20)(21) *** 25 26 (22) “90-day Transition Plan” means the personalized plan developed at the direction of 27 a child currently in a foster care placement during the 90-day period before the 28 child’s planned exit from foster care when she or he attains 18 years of age or, if 29 applicable, developed at the direction of a nonminor during the 90-day period prior 30 to his or her anticipated exit from foster care.

A 90-day Transition Plan must also 31 be developed for and at the direction of a former foster child who remains eligible 32 for Independent Living Program services during the 90-day period before he or she 33 attains 18 years of age.

The plan is as detailed as the child or nonminor chooses and 34 includes information about a power of attorney for health care and specific options 35 regarding housing, health insurance, education, local opportunities for mentors and 36 continuing support services, workforce supports, and employment services. 37 Inclusion of information in the plan relating to sexual health, services, and 38 resources to ensure the child or nonminor is informed and prepared to make healthy 39 decisions about his or her life is encouraged. 40 41 (23) “Nonminor dependent” means a person at least 18 years of age and no more than 42 20 years of age who was under an order for a foster care placement on his or her 43

25 18th birthday and is currently in foster care under the placement and care of the 1 county welfare department, county probation department, or Indian tribe that 2 entered into an agreement under Welfare and Institutions Code

section 10553.1; 3 who is participating in a Transitional Independent Living Case Plan; and who is 4 meeting at least one of the education, training, or work requirements in Welfare and 5 Institutions Code

section 11403(

b) or is incapable of meeting one of those 6 requirements due a medical condition. 7 8 (21)(24) *** 9 10 (22)(25) *** 11 12 (23)(26) *** 13 14 (24)(27) *** 15 16 (25)(28) *** 17 18 (26)(29) *** 19 20 (27)(30) *** 21 22 (28)(31) *** 23 24 (29)(32) *** 25 26 (30)(33) *** 27 28 (31)(34) *** 29 30 (32)(35) *** 31 32 (33)(36) *** 33 34 (34)(37) *** 35 36 (38) “Transition jurisdiction” means the juvenile court’s jurisdiction over a child or 37 nonminor described in Welfare and Institutions Code

section 450. 38 39 (39) “Transitional independent living case plan” means a child’s case plan submitted for 40 the last review hearing held before he or she turns 18 years of age or a nonminor 41 dependent’s case plan, developed with the child or nonminor dependent and 42 individuals identified as important to him or her, signed by the child or nonminor 43

26 dependent and updated every six months, that describes the goals and objectives of 1 how the child or nonminor will make progress in the transition to living 2 independently and assume incremental responsibility for adult decision making; the 3 collaborative efforts between the child or nonminor dependent and the social 4 worker, probation officer, or Indian tribe and the supportive services as described in 5 the Transitional Independent Living Plan (TILP) to ensure the child’s or nonminor 6 dependent’s active and meaningful participation in one or more of the eligibility 7 criteria described in subdivision (

b) of

section 11403; the child or nonminor 8 dependent’s appropriate supervised placement setting; the child or nonminor 9 dependent’s permanent plan for transition to living independently; and the steps 10 the social worker, probation officer, or Indian tribe is taking to ensure the child or 11 nonminor dependent achieves permanence, including maintaining or obtaining 12 permanent connections to caring and committed adults, as set forth in paragraph 13 (16) of subdivision (

f) of

section 16501.1. 14 15 (40) “Transitional Independent Living Plan” means the written unique, individualized 16 service delivery plan for a child or nonminor mutually agreed upon by the child or 17 nonminor and the social worker or probation officer that identifies the child’s or 18 nonminor’s current level of functioning, emancipation goals, and the specific skills 19 needed to prepare the child or nonminor to live independently upon leaving foster 20 care. 21 22 (35)(41) *** 23 24 Rule 5.502 amended effective January 1, 2012; adopted as rule 1401 effective January 1, 1990; 25 previously amended and renumbered effective January 1, 2007; previously amended effective 26 July 1, 1992, July 1, 1997, January 1, 1998, January 1, 1999, January 1, 2001, July 1, 2002, 27 January 1, 2003, January 1, 2008, July 1, 2010, and January 1, 2011. 28 29 Rule 5.504.

Judicial Council forms 30 31 (a)–(b) *** 32 33 (

c) Implementation of new and revised mandatory forms 34 35 To help implement mandatory Judicial Council juvenile forms: 36 37 (1) *** 38 39

(2) Until January 1, 20122017, a court may produce court orders in any form or 40 format as long as: 41 42 (A)–(D) *** 43

27 1 (Subd (

c) amended effective January 1, 2012; adopted effective January 1, 2006; 2 previously amended effective January 1, 2007.) 3 4 Rule 5.504 amended effective January 1, 2012; adopted as rule 1402 effective January 1, 1991; 5 previously amended effective July 1, 1991, January 1, 1992, July 1, 1992, January 1, 1993, 6 January 1, 1994, January 1, 1998, January 1, 2001, January 1, 2006,and July 1, 2006; 7 previously amended and renumbered effective January 1, 2007. 8 9 10 Rule 5.530. Persons present 11 12 (a) *** 13 14 (

b) Persons present (§§ 280, 290.1, 290.2, 332, 347, 349, 353, 656, 658, 677, 679, 15 681, 700; 25 U.S.C. §§ 1911, 1931–1934) 16 17 The following persons are entitled to be present: 18 19

(1) The child or nonminor dependent; 20 21

(2) All parents, de facto parents, Indian custodians, and guardians of the child or, 22 if no parent or guardian resides within the state or, if their places of residence 23 are not known;, 24 25 (

A) Any any adult relatives residing within the county or, if none;, 26 27 (

B) Any the adult relatives residing nearest the court; 28 29 (3)–(11) *** 30 31 (Subd (

b) amended effective January 1, 2012; previously amended effective January 1, 32 1995, January 1, 1997, January 1, 2005, and January 1, 2007.) 33 34 (c)–(e) *** 35 36 (

f) Participation of incarcerated parent in dependency proceedings (§§ 290.1–294, 37 316.2, 349, 361.5(e); Pen. Code § 2625) 38 39 The incarcerated parent of a child on behalf of whom a petition under

section 300 40 has been filed may appear and participate in dependency proceedings as provided 41 in this subdivision. 42 43

(1) Notice must be sent to an incarcerated parent of a detention hearing under 1

section 319 as required by sections 290.1 and 290.2; a jurisdictional hearing 2 under

section 355 or a dispositional hearing under

section 358 or 361 as 3 required by

section 291; a review hearing under

section 366.21, 366.22, or 4 366.25 as required by

section 293; or a permanency planning hearing under 5

section 366.26 as required by

section 294. 6 7 (

A) Notice to an incarcerated parent of a jurisdictional hearing, a 8 dispositional hearing, or a

section 366.26 permanency planning hearing 9 at which termination of parental rights is at issue must inform the 10 incarcerated parent of his or her right to be physically present at the 11 hearing and explain how the parent may secure his or her presence or, 12 if he or she waives the right to be physically present, appearance and 13 participation. 14 15 (

B) Notice to an incarcerated parent of a detention hearing, a review 16 hearing, or any other hearing in a dependency proceeding must inform 17 the incarcerated parent of his or her options for requesting physical or 18 telephonic appearance at and participation in the hearing. 19 20 (

C) The county welfare department must use the prisoner location system 21 developed by the Department of Corrections and Rehabilitation to 22 facilitate timely and effective notice of hearings to incarcerated parents. 23 24

(2) The court must order an incarcerated parent’s temporary removal from the 25 institution where he or she is confined and production before the court at the 26 time appointed for any jurisdictional hearing held under

section 355 or 27 dispositional hearing held under

section 358 or 361, and any permanency 28 planning hearing held under

section 366.26 in which termination of parental 29 rights is at issue. 30 31

(3) For any other hearing in a dependency proceeding, including but not limited 32 to a detention hearing or a review hearing, the court may order the temporary 33 removal of the incarcerated parent from the institution where he or she is 34 confined and the parent’s production before the court at the time appointed 35 for that hearing. 36 37

(4) No hearing described in (2) may be held without the physical presence of the 38 incarcerated parent and the parent’s attorney unless the court has received: 39 40 (

A) A knowing waiver of the right to be physically present signed by the 41 parent; or 42 43

29 (

B) A declaration, signed by the person in charge of the institution in which 1 the parent is incarcerated, or his or her designated representative, 2 stating that the parent has, by express statement or action, indicated an 3 intent not to be physically present at the hearing. 4 5

(5) When issuing an order under (2) or (3), the court must require that Order for 6 Prisoner’s Appearance at Hearing Affecting Parental Rights (form JV-450) 7 and a copy of Prisoner’s Statement Regarding Appearance at Hearing 8 Affecting Parental Rights (form JV-451) be attached to the notice of hearing 9 and served on the parent, the parent’s attorney, the person in charge of the 10 institution, and the sheriff’s department of the county in which the order is 11 issued by the person responsible for giving notice of the hearing at issue not 12 less than 15 days before the date of the hearing. 13 14

(6) The court may, at the request of any party or on its own motion, permit an 15 incarcerated parent, who has waived his or her right to be physically present 16 at a hearing described in (2) or who has not been ordered to appear before the 17 court, to appear and participate in a hearing by videoconference consistent 18 with the requirements of rule 5.531. If video technology is not available, the 19 court may permit the parent to appear by telephone consistent with the 20 requirements of rule 5.531. The court must inform the parent that, if no 21 technology complying with rule 5.531 is available, the court may proceed 22 without his or her appearance and participation. 23 24

(7) The presiding judge of the juvenile court in each county should convene 25 representatives of the county welfare department, the sheriff’s department, 26 parents’ attorneys, and other appropriate entities to develop: 27 28 (

A) Local procedures or protocols to ensure an incarcerated parent’s 29 notification of, transportation to, and physical presence at court 30 hearings involving proceedings affecting his or her child as required or 31 authorized by Penal Code

section 2625 and this rule unless he or she 32 has knowingly waived the right to be physically present; and 33 34 (

B) Local procedures or protocols, consistent with (f)(6) and rule 5.531, to 35 facilitate the appearance and participation by videoconference or 36 telephone of an incarcerated parent who has knowingly waived the 37 right to be physically present. 38 39 (Subd (

f) adopted effective January 1, 2012.) 40 41

30 Rule 5.530 amended effective January 1, 2012; adopted as rule 1410 effective January 1, 1990; 1 previously amended effective January 1, 1995, January 1, 1997, January 1, 2001, and January 1, 2 2005; previously amended and renumbered effective January 1, 2007. 3 4 5 Rule 5.531. Appearance by telephone (§ 388; Pen. Code § 2625) 6 7 (

a) Application 8 9 The standards in (

b) apply to any appearance or participation in court by telephone, 10 videoconference, or other digital or electronic means authorized by law. 11 12 (

b) Standards for local procedures or protocols 13 14 Local procedures or protocols must be developed to ensure the fairness and 15 confidentiality of any proceeding in which a party is permitted by statute, rule of 16 court, or judicial discretion to appear by telephone. These procedures or protocols 17 must, at a minimum: 18 19

(1) Ensure that the party appearing by telephone can participate in the hearing in 20 real time, with no delay in aural or, if any, visual transmission or reception; 21 22

(2) Ensure that the statements of participants are audible to all other participants 23 and court staff and that the statements made by a participant are identified as 24 being made by that participant; 25 26

(3) Ensure that the proceedings remain confidential as required by law; 27 28

(4) Establish a deadline of no more than three court days before the proceeding 29 for notice to the court by the party or party’s attorney (if any) of that party’s 30 intent to appear by telephone, and permit that notice to be conveyed by any 31 method reasonably calculated to reach the court, including telephone, fax, or 32 other electronic means; 33 34

(5) Permit the party, on a showing of good cause, to appear by telephone even if 35 he or she did not provide timely notice of intent to appear by telephone; 36 37

(6) Permit a party to appear in person for a proceeding at the time and place for 38 which the proceeding was noticed, even if that party had previously notified 39 the court of an intent to appear by telephone; 40 41

(7) Ensure that any hearing at which a party appears by telephone is recorded and 1 reported to the same extent and in the same manner as if he or she had been 2 physically present; 3 4

(8) Ensure that the party appearing by telephone is able to communicate 5 confidentially with his or her attorney (if any) during the proceeding and 6 provide timely notice to all parties of the steps necessary to secure 7 confidential communication; and 8 9

(9) Provide for the development of the technological capacity to accommodate 10 appearances by telephone that comply with the requirements of this rule. 11 12 (

c) No independent right 13 14 Nothing in this rule confers on any person an independent right to appear by 15 telephone, videoconference, or other electronic means in any proceeding. 16 17 Rule 5.531 adopted effective January 1, 2012. 18 19 20 Rule 5.555. Hearing to consider termination of juvenile court jurisdiction over a 21 nonminor— dependents or wards of the juvenile court in a foster care 22 placement and nonminor dependents (§§ 224.1(b), 303, 366.31, 391, 607.3, 23 16501.1(f)(16)) 24 25 (

a) Applicability 26 27

(1) This rule applies to any hearing during which the termination of the juvenile 28 court’s jurisdiction over the following nonminors will be considered: 29 30 (

A) A nonminor dependent as defined in

section 11400(v); and 31 32 (

B) A ward or dependent of the juvenile court who is a nonminor 18 years 33 of age or older, and subject to an order for a foster care placement. 34 35

(2) Nothing in the Welfare and Institutions Code or in the California Rules of 36 Court restricts the ability of the juvenile court to maintain dependency 37 jurisdiction or delinquency jurisdiction over a person, 18 years of age and 38 older, who does not meet the eligibility requirements for status as a nonminor 39 dependent and to proceed as to that person under the relevant sections of the 40 Welfare and Institutions Code and California Rules of Court. 41 42

32 (

b) Setting a hearing 1 2

(1) A court hearing placed on the appearance calendar must be held prior to 3 terminating juvenile court jurisdiction. 4 5

(2) The hearing under this rule may be held during a hearing required under 6

section 366(f), 366.21, 366.22, 366.25, 366.3, 727.2, or 727.3 or rule 5.903. 7 8

(3) Notice of the hearing to the parents of a nonminor dependent as defined in 9

section 11400(

v) is not required. 10 11

(4) If juvenile court jurisdiction was previously terminated with the juvenile 12 court retaining general jurisdiction for the purpose of resuming its 13 jurisdiction, and subsequently jurisdiction was resumed, a hearing under this 14 rule must be held if the nonminor dependent wants juvenile court jurisdiction 15 terminated again. The social worker or probation officer is not required to file 16 the 90-day Transition Plan, and the court need not make the findings included 17 in (d)(1)(L)(iii) or (d)(2)(E)(vi). 18 19

(5) The hearing must be continued for no more than five court days for the 20 submission of additional information as ordered by the court, if the court 21 determines that the report, the Transitional Independent Living Plan, the 22 Transitional Independent Living Case Plan (TILCP) if required, or the 90-day 23 Transition Plan submitted by the social worker or probation officer do not 24 provide the information required by (

c) and the court is unable to make the 25 findings and orders required by (d). 26 27 (

c) Reports 28 29

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

A) Whether remaining under juvenile court jurisdiction is in the 35 nonminor’s best interests and the facts supporting the conclusion 36 reached; 37 38 (

B) The specific criteria in

section 11403(

b) met by the nonminor that 39 makes him or her eligible to remain under juvenile court jurisdiction as 40 a nonminor dependent defined in

section 11400(v); 41 42

33 (

C) For an Indian child to whom the Indian Child Welfare Act applies, 1 when and how the nonminor was provided with information about the 2 right to continue to be considered an Indian child for the purposes of 3 the ongoing application of the Indian Child Welfare Act to him or her 4 as a nonminor; 5 6 (

D) Whether the nonminor has applied for and, if so, the status of any in- 7 progress application pending for title XVI Supplemental Security 8 Income benefits and whether remaining under juvenile court 9 jurisdiction until a final decision has been issued is in the nonminor’s 10 best interests; 11 12 (

E) Whether the nonminor has applied for and, if so, the status of any in- 13 progress application pending for Special Juvenile Immigration Status or 14 other applicable application for legal residency and whether an active 15 juvenile court case is required for that application; 16 17 (

F) When and how the nonminor was provided with information about the 18 potential benefits of remaining under juvenile court jurisdiction as a 19 nonminor dependent, and the social worker’s or probation officer’s 20 assessment of the nonminor’s understanding of those benefits; 21 22 (

G) When and how the nonminor was informed that if juvenile court 23 jurisdiction is terminated with the court retaining general jurisdiction 24 for the purpose of resuming jurisdiction, he or she has the right to file a 25 request to return to foster care and have the juvenile court resume 26 jurisdiction over him or her as a nonminor dependent until he or she has 27 attained the age of 21 years or the age of 20 years if the Legislature 28 does not appropriate funding to extend the availability of foster care 29 placement to the age of 21 years; 30 31 (

H) When and how the nonminor was informed that if juvenile court 32 jurisdiction is continued over him or her, he or she has the right to have 33 juvenile court jurisdiction terminated; 34 35 (

I) For a nonminor who is not present for the hearing: 36 37 (

i) Documentation of the nonminor’s statement that the he or she did 38 not wish to appear in court for the scheduled hearing; or 39 40 (ii) Documentation of the reasonable efforts made to locate the 41 nonminor when his or her current location is unknown; 42 43

34 (

J) Verification that the nonminor was provided with the information, 1 documents, and services as required under

section 391(e)(1)–(8); and 2 3 (

K) Verification for a nonminor who is under delinquency jurisdiction that 4 the notices and information required under

section 607.5 were 5 provided. 6 7

(2) The social worker or probation officer must file with the report a completed 8 Termination of Juvenile Court Jurisdiction— Nonminor (form JV-365). 9 10

(3) The social worker or probation officer must file with the report the 11 nonminor’s: 12 13 (

A) Transitional Independent Living Case Plan when recommending 14 continuation of juvenile court jurisdiction; 15 16 (

B) Most recent Transitional Independent Living Plan (TILP); and 17 18 (

C) Completed 90-day Transition Plan. 19 20

(4) The social worker or probation officer’s report and all documents required by 21 (c)(2)–(3) must be filed with the court at least 10 calendar days before the 22 hearing, and the social worker or probation officer must provide copies of the 23 report and other documents to the nonminor, the nonminor’s parents, and all 24 attorneys of record. If the nonminor is under juvenile court jurisdiction as a 25 nonminor dependent, the social worker or probation officer is not required to 26 provide copies of the report and other documents to the nonminor 27 dependent’s parents. 28 29 (

d) Findings and orders 30 31 In addition to complying with all other statutory and rule requirements applicable 32 to the hearing, the following judicial findings and orders must be made on the 33 record and included in the written, signed court documentation of the hearing: 34 35

(1) Findings 36 37 (

A) Whether the nonminor had the opportunity to confer with his or her 38 attorney about the issues currently before the court; 39 40 (

B) Whether remaining under juvenile court jurisdiction is in the 41 nonminor’s best interests and the facts in support of the finding made; 42 43

35 (

C) Whether the nonminor meets the eligibility criteria in

section 11403(b) 1 to remain in foster care as a nonminor dependent under juvenile court 2 jurisdiction and, if so, the specific criteria in

section 11403(

b) met by 3 the nonminor; 4 5 (

D) For an Indian child to whom the Indian Child Welfare Act applies, 6 whether the nonminor was provided with information about the right to 7 continue to be considered an Indian child for the purposes of the 8 ongoing application of the Indian Child Welfare Act to him or her; 9 10 (

E) Whether the nonminor has an in-progress application pending for title 11 XVI Supplemental Security Income benefits and, if such an application 12 is pending, whether it is in the nonminor’s best interests to continue 13 juvenile court jurisdiction until a final decision has been issued to 14 ensure that the nonminor receives continued assistance with the 15 application process; 16 17 (

F) Whether the nonminor has an in-progress application pending for 18 Special Juvenile Immigration Status or other applicable application for 19 legal residency and whether an active juvenile court case is required for 20 that application; 21 22 (

G) Whether the nonminor understands the potential benefits of remaining 23 in foster care under juvenile court jurisdiction; 24 25 (

H) Whether the nonminor has been informed that if juvenile court 26 jurisdiction is continued, he or she may have the right to have juvenile 27 court jurisdiction terminated with the court retaining general 28 jurisdiction for the purpose of resuming dependency jurisdiction or 29 assuming or resuming transition jurisdiction over him or her as a 30 nonminor dependent; 31 32 (

I) Whether the nonminor has been informed that if juvenile court 33 jurisdiction is terminated with the court retaining general jurisdiction, 34 he or she has the right to file a request to return to foster care and have 35 the juvenile court resume jurisdiction over him or her as a nonminor 36 dependent until he or she has attained the age of 21 years or the age of 37 20 years if the Legislature does not appropriate funding to extend the 38 availability of nonminor foster care placement to the age of 21 years; 39 40 (

J) Whether the nonminor was provided with the information, documents, 41 and services as required under

section 391(

e) and, if not, whether 42

36 juvenile court jurisdiction should be continued to ensure that all 1 information, documents, and services are provided; 2 3 (

K) Whether verification was submitted that the requirements of

section 4 607.5 have been completed for a nonminor who is subject to 5 delinquency jurisdiction; and 6 7 (

L) Whether the nonminor’s: 8 9 (

i) Transitional Independent Living Case Plan, if required, includes a 10 plan for a placement the nonminor believes is consistent with his 11 or her need to gain independence, reflects the agreements made 12 between the nonminor and social worker or probation officer to 13 obtain independent living skills, and sets out the benchmarks that 14 indicate how both will know when independence can be 15 achieved; 16 17 (ii) Transitional Independent Living Plan identifies the nonminor’s 18 level of functioning, emancipation goals, and the specific skills 19 he or she needs to prepare to live independently upon leaving 20 foster care; and 21 22 (iii) 90-day Transition Plan is a concrete individualized plan that 23 specifically covers the following areas: housing, health insurance, 24 education, local opportunities for mentors and continuing support 25 services, workforce supports and employment services, and 26 information that explains how and why to designate a power of 27 attorney for health care. 28 29 (

M) For a nonminor who is not present for the hearing, whether the reason 30 for his or her failure to appear was: 31 32 (

i) The nonminor’s expressed wish to not appear in court for the 33 scheduled hearing; or 34 35 (ii) The nonminor’s current location remains unknown although 36 reasonable efforts were made to locate the nonminor. 37 38

(2) Orders 39 40 (

A) Order the continuation of juvenile court jurisdiction for a nonminor 41 who meets the eligibility criteria in

section 11403(

b) to remain in 42 placement under dependency jurisdiction as a nonminor dependent or 43

37 under transition jurisdiction as a nonminor dependent, unless the court 1 finds that: 2 3 (

i) The nonminor does not wish to remain under juvenile court 4 jurisdiction as a nonminor dependent; 5 6 (ii) The nonminor is not participating in a reasonable and 7 appropriate Transitional Independent Living Case Plan; or 8 9 (iii) Reasonable efforts were made to locate the nonminor whose 10 current location is unknown. 11 12 (

B) When juvenile court jurisdiction is continued for the nonminor to 13 remain in placement as a nonminor dependent: 14 15 (

i) Order a permanent plan consistent with the nonminor’s 16 Transitional Independent Living Plan or Transitional Independent 17 Living Case Plan; 18 19 (ii) Continue the nonminor’s status as an Indian child for the 20 purposes of the ongoing application of the Indian Child Welfare 21 Act to him or her unless he or she has elected not to have his or 22 her status as an Indian child continued; and 23 24 (iii) Set a status review hearing under rule 5.903 within six months of 25 the date of his or her most recent status review hearing. 26 27 (

C) For a nonminor who does not meet and does not intend to meet the 28 eligibility requirements for nonminor dependent status but who is 29 otherwise eligible to and will remain under juvenile court’s jurisdiction 30 in a foster care placement, the court must set a hearing under

section 31 366.21, 366. 2, 366.25, 366.3, 727.2, or 727.3 within six months of the 32 date of the nonminor’s most recent status review hearing. 33 34 (

D) For a nonminor whose current location is unknown the court may enter 35 an order for termination of juvenile court jurisdiction only after finding 36 that reasonable efforts were made to locate the nonminor whose current 37 location is unknown; 38 39 (

E) For a nonminor (1) who does not meet the eligibility criteria of

section 40 11403(

b) and is not otherwise eligible to remain under juvenile court 41 jurisdiction, (2) who does meet the eligibility criteria of

section 42 11403(

b) but does not wish to remain under the jurisdiction of the 43

38 juvenile court as a nonminor dependent, or (3) who does meet the 1 eligibility criteria of

section 11403(

b) but is not participating in a 2 reasonable and appropriate Transitional Independent Living Case Plan, 3 the court may enter an order for the termination of juvenile court 4 jurisdiction only after entering the following findings and orders: 5 6 (

i) The nonminor was provided with the information, documents, 7 and services as required under

section 391(e); 8 9 (ii) The nonminor was informed of the options available to him or 10 her to assist with the transition from foster care to independence; 11 12 (iii) The nonminor was informed that if juvenile court jurisdiction is 13 terminated, he or she has the right to return to foster care and to 14 file a request to have the juvenile court resume jurisdiction over 15 him or her as a nonminor dependent until he or she has attained 16 the age of 21 years or the age of 20 years if the Legislature does 17 not appropriate funding to extend the availability of nonminor 18 foster care placement to the age of 21 years; 19 20 (iv) The nonminor was provided with a copy of How to Return to 21 Juvenile Court Jurisdiction and Foster Care (form JV-464- 22 INFO), Request to Return to Juvenile Court Jurisdiction and 23 Foster Care (form JV-466), Confidential Information— Request 24 to Return to Juvenile Court Jurisdiction and Foster Care (form 25 JV-468), and an endorsed, filed copy of the Termination of 26 Juvenile Court Jurisdiction— Nonminor (form JV-365); 27 28 (

v) The nonminor had an opportunity to confer with his or her 29 attorney regarding the issues currently before the court; 30 31 (vi) The nonminor’s 90-day Transition Plan includes specific options 32 regarding housing, health insurance, education, local 33 opportunities for mentors and continuing support services, 34 workforce supports and employment services, and information 35 that explains how and why to designate a power of attorney for 36 health care; 37 38 (

F) An order retaining general jurisdiction over the nonminor for the 39 purpose of considering a request filed under

section 388(

e) to resume 40 dependency jurisdiction or to assume or resume transition jurisdiction 41 over him or her as a nonminor dependent must be made when juvenile 42 court jurisdiction is terminated under this rule. 43

39 1 Rule 5.555 adopted effective January 1, 2012. 2 3 Rule 5.630. Restraining orders 4 5 (

a) Court’s authority (§ 213.5) 6 7 *** 8 9 (Subd (

a) amended effective January 1, 2012.) 10 11 (

b) Application for restraining orders (§§ 213.5, 304) 12 13

(1) Application for restraining orders may be made orally at any scheduled 14 hearing regarding the child who is the subject of a petition under

section 300, 15 601, or 602, or may be made by written application, or may be made on the 16 court’s own motion. 17 18

(2) The written application must be submitted on Application and Affidavit 19 Request for Restraining Order— Juvenile (form JV-245). 20 21

(3) A person requesting a restraining order in writing must submit to the court 22 with the request a completed Confidential CLETS Information Form (form 23 CLETS-001) under rule 1.51. 24 25 (Subd (

b) amended effective January 1, 2012; previously amended effective January 1, 26 2003, January 1, 2004, and January 1, 2007.) 27 28 (

c) Definition of abuse 29 30 The definition of abuse in Family Code

section 6203 applies to restraining orders 31 issued under Welfare and Institutions Code

section 213.5. 32 33 (Subd (

c) adopted effective January 1, 2012.) 34 35 (

c) Protected children (§ 213.5(

a) and (b)) 36 37 Restraining orders may be issued to protect any of the following children: 38 39

(1) A child who is the subject of the dependency petition or who is declared a 40 dependent; 41 42

(2) Another child in the household of the child named in (1); and 43

40 1

(3) A child who is the subject of a delinquency petition or who is declared a 2 ward. 3 4 (

d) Other protected persons (§ 213.5(a)) 5 6 The court may also issue orders protecting any parent, legal guardian, or current 7 caregiver of the child listed in (c)(1), whether or not that child resides with that 8 parent, legal guardian, or current caregiver. 9 10 (

e) Available orders and restrained persons (§ 213.5(a), (b), and (d)–(f)) 11 12 The court may issue, either ex parte or after notice and hearing, restraining orders 13 that: 14 15

(1) Enjoin any person from molesting, attacking, striking, sexually assaulting, 16 stalking, or battering any of the persons listed in (

c) or (d); 17 18

(2) Exclude any person from the dwelling of the person who has care, custody, 19 and control of the child named in (c)(1) or (3). This order may be issued for 20 the time and on the conditions that the court determines, regardless of which 21 party holds legal or equitable title or is the lessee of the residence or 22 dwelling, on a showing that: 23 24 (

A) The party who will stay in the dwelling has a right under color of law to 25 possession of the premises; 26 27 (

B) The party to be excluded has assaulted or threatened to assault the other 28 party or any other person under the care, custody, and control of the 29 other party, or any minor child of the parties or of the other party; and 30 31 (

C) Physical or emotional harm would otherwise result to the other party, to 32 any person under the care, custody, and control of the other party, or to 33 any minor child of the parties or of the other party; 34 35

(3) Enjoin any person from behavior, including contacting, threatening, or 36 disturbing the peace of the persons named in (

c) or (d), as necessary to 37 effectuate orders under (e)(1) or (2); and 38 39

(4) Enjoin any delinquent child or any child for whom a

section 601 or 602 40 petition has been filed from contacting, threatening, stalking, or disturbing 41 the peace of any person: 42 43

41 (

A) Whom the court finds to be at risk from the conduct of the child; or 1 2 (

B) With whom association would be detrimental to the child. 3 4 (f)(

d) Ex parte a Applications— procedure (§ 213.5(a)–(

c) and (f)) 5 6 The application may be submitted ex parte without notice, and the court may grant 7 the petition and issue a temporary order. The matter may be heard simultaneously 8 with any scheduled hearing regarding the child who is the subject of the

section 9 300, 601, or 602 petition. Notice of the ex parte proceeding is required as stated 10 under rule 3.1204. 11 12

(1) In determining whether or not to issue the temporary restraining order ex 13 parte without notice, the court must consider all documents submitted with 14 the application and may review the contents of the juvenile court file 15 regarding the child. 16 17

(2) The temporary restraining order must be prepared on Restraining Order— 18 Juvenile (CLETS— JUV) (form JV-250) and must state on its face the date of 19 expiration of the order. 20 21 (Subd (

d) amended and relettered effective January 1, 2012; adopted as subd (c); 22 previously amended and relettered as subd (

f) effective January 1, 2003; previously 23 amended effective January 1, 2007.) 24 25 (g)(

e) Order to show cause and reissuance (§ 213.5(c)) Reissuance 26 27 When a temporary restraining order is granted without notice, the matter must be 28 made returnable on an order to show cause why the order should not be granted, no 29 later than 15 days or, on a showing of good cause, 20 days from the date the 30 temporary restraining order is granted. 31 32

(1) On the motion of the person seeking the restraining order or on its own 33 motion, the court may shorten the time for service of the order to show cause 34 on the person to be restrained. 35 36 (2)

(1) The court may, on its own motion or the filing of an affidavit a declaration by 37 the person seeking the restraining order, find that the person to be restrained 38 could not be served within the time required by the law and reissue an order 39 previously issued and dissolved by the court for failure to serve the person to 40 be restrained. 41 42

(2) The reissued order must state on its face the date of expiration of the order. 43

42 1

(3) Application and Order for Reissuance of Order to Show Cause (form FL- 2 306/JV-251) must be used for this purpose. 3 4 (Subd (

e) amended and relettered effective January 1, 2012; adopted as subd (

g) effective 5 January 1, 2003; previously amended effective January 1, 2004, and January 1, 2007.) 6 7 (h)(

f) Hearing on application for restraining order (§ 213.5(

d) and (f)) 8 9 The court may issue, after notice and hearing, any of the orders in (e). The 10 restraining order must remain in effect for a period of time determined by the court, 11 but in any case not more than three years. 12 13

(1) The matter may be heard simultaneously with any scheduled hearing 14 regarding the child who is the subject of the

section 300, 601, or 602 petition. 15 16 (2)

(1) Proof may be by the application and any attachments, additional declarations 17 or documentary evidence, the contents of the juvenile court file, testimony, or 18 any combination of these. 19 20 (3)

(2) The order after hearing must be prepared on Restraining Order— Juvenile 21 (CLETS— JUV) (form JV-250) and must state on its face the date of 22 expiration of the order. 23 24 (Subd (

f) amended and relettered effective January 1, 2012; adopted as subd (d); 25 previously amended and relettered as subd (

h) effective January 1, 2003; previously 26 amended effective January 1, 2007.) 27 28 (

g) Service of restraining order 29 30 When service of Restraining Order— Juvenile (form JV-250) is made, it must be 31 served with Proof of Firearms Turned In or Sold (form DV-800/JV-252) and How 32 Do I Turn In or Sell Firearms? (form DV-800-INFO/JV-252-INFO). Failure to 33 serve form JV-252 or JV-252-INFO does not make service of form JV-250 invalid. 34 35 (Subd (

g) adopted effective January 1, 2012.) 36 37 (

h) Expiration of restraining order 38 39 If the juvenile case is dismissed, the restraining order remains in effect until it 40 expires or is terminated. 41 42 (Subd (

h) adopted effective January 1, 2012.) 43

43 1 (

i) Criminal records search (§ 213.5(

k) and Stats. 2001, ch. 572, § 7) 2 3 *** 4 5 (Subd (

i) amended effective January 1, 2012; adopted effective January 1, 2003; 6 previously amended effective January 1, 2007.) 7 8 (

j) Termination or extension of restraining order (§ 213.5(d)) 9 10

(1) The restraining order may be terminated by the court before the expiration 11 date listed on its face. 12 13

(2) The restraining order may be extended beyond the expiration date listed on 14 its face by mutual consent of all parties to the order, or by further order of the 15 court on motion of any party to the order. 16 17 (

j) Modification of restraining order 18 19

(1) A restraining order may be modified on the court’s own motion or in the 20 manner provided for in Welfare and Institutions Code

section 388 and rule 21 5.560. 22 23

(2) A termination or modification order must be made on Change to Restraining 24 Order After Hearing (form JV-255). 25 26 (Subd (

j) adopted effective January 1, 2012.) 27 28 (

k) Violation (§ 213.5(h)) 29 30 Any willful and knowing violation of any order, temporary order, or order after 31 hearing granted under

section 213.5 is a misdemeanor, punishable under Penal 32 Code

section 273.65. 33 34 (l)(

k) Restraining orders issued by other courts (§ 304) 35 36

(1) If a A restraining order has been issued by the juvenile court under

section 37 213.5, no court other than a criminal court may issue any order contrary to 38 the juvenile court’s restraining order. takes precedence over any other court 39 order except the following: 40 41 (

A) A conflicting criminal court order; or 42 43

44 (

B) An Emergency Protective Order that is more restrictive than the 1 juvenile court order. 2 3 (Subd (

k) amended and relettered effective January 1, 2012; adopted as subd (

l) effective 4 January 1, 2003; previously amended effective January 1, 2007.) 5 6 Rule 5.630 amended effective January 1, 2012; adopted as rule 1429.5 effective January 1, 2000; 7 previously amended effective January 1, 2003, and January 1, 2004; amended and renumbered 8 effective January 1, 2007. 9 10 11 Rule 5.645. Mental health or condition of child; court procedures 12 13 (a)–(c)*** 14 15 (

d) Doubt as to capacity to cooperate with counsel (§§ 601, 602; Pen. Code, § 1367) 16 17

(1) If the court finds that there is reason to doubt substantial evidence that a child 18 who is the subject of a petition filed under

section 601 or 602 is capable of 19 understanding the proceedings or of cooperating with the child’s attorney, 20 lacks sufficient present ability to consult with counsel and assist in preparing 21 his or her defense with a reasonable degree of rational understanding, or lacks 22 a rational as well as factual understanding of the nature of the charges or 23 proceedings against him or her, the court must stay suspend the proceedings 24 and conduct a hearing regarding the child’s competence. Evidence is 25 substantial if it raises a reasonable doubt about the child’s competence to 26 stand trial. 27 28 (1)(

A) The court may must appoint an expert to examine the child to 29 evaluate the child’s capacity to understand the proceedings and to 30 cooperate with the attorney whether the child suffers from a mental 31 disorder, developmental disability, developmental immaturity, or other 32 condition and, if so, whether the condition or conditions impair the 33 child’s competency. 34 35 (

B) To be appointed as an expert, an individual must be a: 36 37 (

i) Licensed psychiatrist who has successfully completed four years 38 of medical school and either four years of general psychiatry 39 residency, including one year of internship and two years of child 40 and adolescent fellowship training, or three years of general 41 psychiatry residency, including one year of internship and one 42

45 year of residency that focus on children and adolescents and one 1 year of child and adolescent fellowship training; or 2 3 (ii) Clinical, counseling, or school psychologist who has received a 4 doctoral degree in psychology from an educational institution 5 accredited by an organization recognized by the Council for 6 Higher Education Accreditation and who is licensed as a 7 psychologist. 8 9 (

C) The expert, whether a licensed psychiatrist or psychologist, must: 10 11 (

i) Possess demonstrable professional experience addressing child 12 and adolescent developmental issues, including the emotional, 13 behavioral, and cognitive impairments of children and 14 adolescents; 15 16 (ii) Have expertise in the cultural and social characteristics of 17 children and adolescents; 18 19 (iii) Possess a curriculum vitae reflecting training and experience in 20 the forensic evaluation of children; 21 22 (iv) Be familiar with juvenile competency standards and accepted 23 criteria used in evaluating juvenile competence; 24 25 (

v) Possess a comprehensive understanding of effective interventions 26 as well as treatment, training, and programs for the attainment of 27 competency available to children and adolescents; and 28 29 (vi) Be proficient in the language preferred by the child, or if that is 30 not feasible, employ the services of a certified interpreter and use 31 assessment tools that are linguistically and culturally appropriate 32 for the child. 33 34

(2) If the court finds that the child is not capable of understanding the 35 proceedings or of cooperating with the attorney, the court must proceed under 36

section 6550 and (a)–(

c) of this rule. Nothing in this rule precludes 37 involvement of clinicians with other professional qualifications from 38 participation as consultants or witnesses or in other capacities relevant to the 39 case. 40 41

(3) If the court finds that the child is capable of understanding the proceedings 42 and of cooperating with the attorney, the court must proceed with the case. 43

46 Following the hearing on competence, the court must proceed as directed in 1

section 709. 2 3 (Subd (

d) amended effective January 1, 2012; previously amended effective January 1, 4 2007.) 5 6 Rule 5.645 amended effective January 1, 2012; adopted as rule 1498 effective January 1, 1999; 7 previously amended and renumbered effective January 1, 2007; previously amended effective 8 January 1, 2009. 9 10 Advisory Committee Comment 11 12 Welfare and Institutions Code

section 709(

b) mandates that the Judicial Council develop and 13 adopt rules regarding the qualification of experts to determine competency for purposes of 14 juvenile adjudication. Upon a court finding of incompetency based on a developmental disability, 15 the regional center determines eligibility for services under Division 4.5 of the Lanterman 16 Developmental Disabilities Services (Welf. & Inst. Code, § 4500 et seq.). 17 18 19 Rule 5.707. Review hearing requirements for child approaching majority (§§ 224.1, 20 366(a)(1)(F), 366.3(l), 366.3(n), 16501.1(f)(16)) 21 22 (

a) Reports 23 24 At the last review hearing before the child attains 18 years of age held under 25

section 366.21, 366.22, 366.25, or 366.3, in addition to complying with all other 26 statutory and rule requirements applicable to the report prepared by the social 27 worker for the hearing, the report must include a description of: 28 29

(1) The child’s plans to remain under juvenile court jurisdiction as a nonminor 30 dependent including the criteria in

section 11403(

b) that he or she plans to 31 meet; 32 33

(2) The efforts made by the social worker to help the child meet the criteria in 34

section 11403(b); 35 36

(3) For an Indian child to whom the Indian Child Welfare Act applies, his or her 37 plans to continue to be considered an Indian child for the purposes of the 38 ongoing application of the Indian Child Welfare Act to him or her as a 39 nonminor dependent; 40 41

(4) Whether the child has applied for and, if so, the status of any in-progress 42 application pending for title XVI Supplemental Security Income benefits and, 43

47 if such an application is pending, whether it will be the child’s best interest to 1 continue juvenile court jurisdiction until a final decision is issued to ensure 2 that the child receives continued assistance with the application process; 3 4

(5) Whether the child has an in-progress application pending for Special Juvenile 5 Immigration Status or other applicable application for legal residency and 6 whether an active dependency case is required for that application; 7 8

(6) The efforts made by the social worker toward providing the child with the 9 written information described in

section 391(e)(1), and to the extent that the 10 child has not yet been provided with the information, the barriers to providing 11 that information, and the steps that will be taken to overcome those barriers 12 by the date the child attains 18 years of age; 13 14

(7) The efforts made by the social worker toward completing and providing the 15 child with the documents and services described in

section 391(e)(2), and to 16 the extent that the child has not yet been provided with them, the barriers to 17 providing documents and services, and the steps that will be taken to 18 overcome those barriers by the date the child attains 18 years of age; 19 20

(8) When and how the child was informed of his or her right to have juvenile 21 court jurisdiction terminated when he or she attains 18 years of age; 22 23

(9) When and how the child was provided with information about the potential 24 benefits of remaining under juvenile court jurisdiction as a nonminor 25 dependent and the social worker’s assessment of the child’s understanding of 26 those benefits; and 27 28

(10) When and how the child was informed that if juvenile court jurisdiction is 29 terminated, he or she has the right to file a request to return to foster care and 30 have the juvenile court resume jurisdiction over him or her as a nonminor 31 dependent. 32 33 (

b) Transitional Independent Living Case Plan 34 35 At the last review hearing before the child attains 18 years of age held under 36

section 366.21, 366.22, 366.25, or 366.3, the child’s Transitional Independent 37 Living Case Plan: 38 39

(1) Must be submitted with the social worker’s report prepared for the hearing at 40 least 10 calendar days before the hearing; and 41 42

(2) Must include: 43

48 1 (

A) The individualized plan for the child to satisfy one or more of the 2 criteria in

section 11403(

b) and the child’s anticipated placement as 3 specified in

section 11402; and 4 5 (

B) The child’s alternate plan for his or her transition to independence, 6 including housing, education, employment, and a support system in the 7 event the child does not remain under juvenile court jurisdiction after 8 attaining 18 years of age. 9 10 (

c) Findings 11 12

(1) At the last review hearing before the child attains 18 years of age held under 13

section 366.21, 366.22, 366.25, or 366.3, in addition to complying with all 14 other statutory and rule requirements applicable to the hearing, the court must 15 find on the record and in the written, signed orders: 16 17 (

A) Whether the child’s Transitional Independent Living Case Plan 18 includes a plan for the child to satisfy one or more of the criteria in 19

section 11403(

b) and the specific criteria it is anticipated the child will 20 satisfy; 21 22 (

B) Whether there is included in the child’s Transitional Independent 23 Living Case Plan an alternative plan for the child’s transition to 24 independence, including housing, education, employment, and a 25 support system in the event the child does not remain under juvenile 26 court jurisdiction after attaining 18 years of age; 27 28 (

C) For an Indian child to whom the Indian Child Welfare Act applies, 29 whether he or she intends to continue to be considered an Indian child 30 for the purposes of the ongoing application of the Indian Child Welfare 31 Act to him or her as a nonminor dependent; 32 33 (

D) Whether the child has an in-progress application pending for title XVI 34 Supplemental Security Income benefits and, if such an application is 35 pending, whether it is in the child’s best interest to continue juvenile 36 court jurisdiction until a final decision has been issued to ensure that 37 the child receives continued assistance with the application process; 38 39 (

E) Whether the child has an in-progress application pending for Special 40 Juvenile Immigration Status or other applicable application for legal 41 residency and whether an active dependency case is required for that 42 application; 43

49 1 (

F) Whether all the information, documents, and services in sections 391(e) 2 were provided to the child, and 3 4 (

i) Whether the barriers to providing any missing information, 5 documents, or services can be overcome by the date the child 6 attains 18 years of age; and 7 8 (ii) Whether juvenile court jurisdiction should be continued to ensure 9 that all information, documents, and services are provided to the 10 child if the barriers cannot be overcome by the date the child 11 attains 18 years of age; 12 13 (

G) Whether the child has been informed of his or her right to have juvenile 14 court jurisdiction terminated when he or she attains 18 years of age; 15 16 (

H) Whether the child understands the potential benefits of remaining under 17 juvenile court jurisdiction as a nonminor dependent; and 18 19 (

I) Whether the child has been informed that if juvenile court jurisdiction 20 is terminated, he or she has the right to file a request to return to foster 21 care and have the juvenile court resume jurisdiction over him or her as 22 a nonminor dependent. 23 24

(2) The hearing must be continued for no more than five court days for the 25 submission of additional information as ordered by the court if the court finds 26 that the report and Transitional Independent Living Case Plan submitted by 27 the social worker do not provide the information required by (

a) and (

b) and 28 the court is unable to make all the findings required by (c)(1). 29 30 (

d) Orders 31 32

(1) For a child who intends to remain under juvenile court jurisdiction as a 33 nonminor dependent, as defined in

section 11400(v), after attaining 18 years 34 of age, the court must set a nonminor dependent review hearing under rule 35 5.903 within six months from the date of the current hearing. 36 37

(2) For a child who does not intend to remain under juvenile court as a nonminor 38 dependent, as defined in

section 11400(v), after attaining 18 years of age, the 39 court must: 40 41

50 (

A) Set a hearing under rule 5.555 for a date within one month after the 1 child’s 18th birthday, for the child who requests that the juvenile court 2 terminate its jurisdiction after he or she attains 18 years of age; or 3 4 (

B) Set a hearing under

section 366.21, 366.22, 366.25, or 366.3 no more 5 than six months from the date of the current hearing, for a child who 6 will remain under juvenile court jurisdiction in a foster care placement. 7 8 Rule 5.707 adopted effective January 1, 2012. 9 10 Rule 5.740. Hearings subsequent to a permanent plan (§§ 366.26, 366.3, 391) 11 12 (a)–(c) *** 13 14 (

d) Hearings on termination of jurisdiction-child reaching age of majority (§ 391) 15 16 Petitioner must file Termination of Dependency Jurisdiction-Child Attaining Age of 17 Majority (Juvenile) (form JV-365) with the court at least 10 calendar days before 18 the hearing to terminate dependency jurisdiction based on the child's age and must 19 provide copies to the child, the parents or guardians, any CASA volunteer, and all 20 counsel of record at least 10 calendar days before the hearing. 21 22 Rule 5.740 amended effective January 1, 2012; adopted as rule 1465 effective January 1, 1991; 23 previously renumbered as rule 1466 effective July 1, 1995; previously amended and renumbered 24 effective January 1, 2007; previously amended effective January 1, 1992, January 1, 1993, 25 January 1, 1994, July 1, 1994, January 1, 1998, January 1, 1999, July 1, 1999, July 1, 2002, 26 January 1, 2005, January 1, 2006, and July 1, 2010. 27 28 Rule 5.812.

Additional requirements for any hearing to terminate jurisdiction over 29 child in foster care and for status review hearing for child approaching 30 majority (§§ 450, 451, 727.2(i)–(j), 778) 31 32 (

a) Hearings subject to this rule 33 34 The following hearings are subject to this rule: 35 36

(1) The last review hearing under

section 727.2 or 727.3 before the child turns 18 37 years of age. This hearing must be set at least 90 days before the child attains 38 his or her 18th birthday and within six months of the previous hearing held 39 under

section 727.2 or 727.3. 40 41

(2) Any review hearing held under

section 727.2 or 727.3 for a child less than 18 1 years of age during which a recommendation to terminate juvenile court 2 jurisdiction will be considered; 3 4

(3) Any hearing to terminate juvenile court jurisdiction over a child less than 18 5 years of age who is subject to an order for foster care placement; and 6 7

(4) Any hearing to terminate juvenile court jurisdiction over a child less than 18 8 years of age who is not currently subject to an order for foster care 9 placement, but was previously removed from the custody of his or her parents 10 or legal guardian as a dependent of the juvenile court and an order for a foster 11 care placement as a dependent of the juvenile court was in effect at the time 12 the juvenile court adjudged the child to be a ward of the juvenile court under 13

section 725. 14 15 (

b) Conduct of the hearing 16 17

(1) The hearing must be held before a judicial officer and recorded by a court 18 reporter. 19 20

(2) The hearing must be continued for no more than five court days for the 21 submission of additional information as ordered by the court if the court finds 22 that the report and, if required, the Transitional Independent Living Plan 23 submitted by the probation officer do not provide the information required by 24 (

c) and the court is unable to make all the findings required by (d). 25 26 (

c) Reports 27 28

(1) In addition to complying with all other statutory and rule requirements 29 applicable to the report prepared by the probation officer for a hearing 30 described in (a)(1)–(4), the report must include verification that the 31 requirements of

section 607.5 have been completed and a description of: 32 33 (

A) The child’s progress toward meeting the case plan goals that will 34 enable him or her to be a law-abiding and productive member of his or 35 her family and the community. 36 37 (

B) If reunification services have not been previously terminated, the 38 progress of each parent or legal guardian toward participating in case 39 plan service activities and meeting the case plan goals developed to 40 assist in the efforts to resolve his or her issues that were identified and 41 contributed to the child’s removal from his or her custody. 42 43

52 (

C) The current ability of each parent or legal guardian to provide the care, 1 custody, supervision, and support the child requires in a safe and 2 healthy environment. 3 4 (

D) For a child previously determined to be a dual status child for whom 5 juvenile court jurisdiction as dependent was suspended under

section 6 241.1(e)(5)(A), a joint assessment by the probation department and the 7 child welfare services agency under

section 366.5 regarding the 8 detriment, if any, to the child of a return to the home of his or her 9 parents or legal guardian and a recommendation on the resumption of 10 dependency jurisdiction. The facts in support of the opinions expressed 11 and the recommendations made must be included in the joint 12 assessment

section of the report. If the probation department and the 13 child welfare services agency do not agree, the child welfare services 14 agency must file a separate report with facts in support of its opinions 15 and recommendations. 16 17 (

E) For a child previously determined to be a dual status child for whom 18 the probation department was designated the lead agency under

section 19 241.1(e)(5)(B), the detriment, if any, to the child of a return to the 20 home of his or her parents or legal guardian and the probation officer’s 21 recommendation regarding the modification of the court’s jurisdiction 22 over the child from that of a dual status child to that of a child under 23 the court’s jurisdiction as a dependent under

section 300 and the facts 24 in support of the opinion expressed and the recommendation made. 25 26 (

F) For a child other than a dual status child, the probation officer’s 27 recommendation regarding the modification of the juvenile court’s 28 jurisdiction over the child from that of a ward under

section 601 or 602 29 to that of a dependent under

section 300 or to that of a transition 30 dependent under

section 450 and the facts in support of his or her 31 recommendation. 32 33

(2) For the review hearing held on behalf of a child approaching majority 34 described in (a)(1) and any hearing described in (a)(2) or (a)(3) held on 35 behalf of a child more than 17 years, 5 months old and less than 18 years of 36 age, in addition to complying with all other report requirements set forth in 37 (c)(1), the report prepared by the probation officer must include: 38 39 (

A) The child’s plans to remain under juvenile court jurisdiction as a 40 nonminor dependent including the criteria in

section 11403(

b) that he 41 or she plans to meet; 42 43

53 (

B) The efforts made by the probation officer to help the child meet the 1 criteria in

section 11403(b); 2 3 (

C) For an Indian child, his or her plans to continue to be considered an 4 Indian child for the purposes of the ongoing application of the Indian 5 Child Welfare Act to him or her as a nonminor dependent; 6 7 (

D) Whether the child has applied for and, if so, the status of any in- 8 progress application pending for title XVI Supplemental Security 9 Income benefits and, if such an application is pending, whether it is in 10 the child’s best interest to continue juvenile court jurisdiction until a 11 final decision has been issued to ensure that the child receives 12 continued assistance with the application process; 13 14 (

E) Whether the child has an in-progress application pending for Special 15 Juvenile Immigration Status or other applicable application for legal 16 residency and whether an active juvenile court case is required for that 17 application; 18 19 (

F) The efforts made by the probation officer toward providing the child 20 with the written information described in

section 391(e)(1), and to the 21 extent that the child has not yet been provided with the information, the 22 barriers to providing the information, and the steps that will be taken to 23 overcome those barriers by the date the child attains 18 years of age; 24 25 (

G) The efforts made by the probation officer toward completing and 26 providing the child with the items described in

section 391(e)(2), and to 27 the extent that the child has not yet been provided with each of the 28 documents and services, the barriers to providing those items, and the 29 steps that will be taken to overcome those barriers by the date the child 30 attains 18 years of age; 31 32 (

H) When and how the child was informed that upon reaching 18 years of 33 age he or she may request the dismissal of juvenile court jurisdiction 34 over him or her under

section 778; 35 36 (

I) When and how the child was provided with information regarding the 37 potential benefits of remaining under juvenile court jurisdiction as a 38 nonminor dependent and the probation officer’s assessment of the 39 child’s understanding of those benefits; 40 41 (

J) When and how the child was informed that if juvenile court jurisdiction 42 is terminated, he or she has the right to file a request to return to foster 43

54 care and have the juvenile court assume or resume transition 1 jurisdiction over him or her as a nonminor dependent; and 2 3 (

K) The child’s Transitional Independent Living Plan, which must include: 4 5 (

i) The individualized plan for the child to satisfy one or more of the 6 criteria in

section 11403(

b) and the child’s anticipated placement 7 as specified in

section 11402; and 8 9 (ii) The child’s alternate plan for his or her transition to 10 independence, including housing, education, employment, and a 11 support system in the event the child does not remain under 12 juvenile court jurisdiction after attaining 18 years of age. 13 (

d) Findings 14 15

(1) At the hearing described in (a)(1)–(4), in addition to complying with all other 16 statutory and rule requirements applicable to the hearing, the court must find 17 on the record and in the written, signed orders: 18 19 (

A) Whether the rehabilitative goals for this child have been met and 20 juvenile court jurisdiction over the child as a ward is no longer 21 required. The facts supporting the finding must be stated on the record. 22 23 (

B) For a dual status child for whom dependency jurisdiction was 24 suspended under

section 241.1(e)(5)(

A) whether the return to the home 25 of the parent or legal guardian would be detrimental to the minor. The 26 facts supporting the finding must be stated on the record. 27 28 (

C) For a child previously determined to be a dual status child for whom 29 the probation department was designated the lead agency under

section 30 241.1(e)(5)(B), whether the return to the home of the parent or legal 31 guardian would be detrimental to the minor. The facts supporting the 32 finding must be stated on the record. 33 34 (

D) For a child other than a dual status child: 35 36 (

i) Whether the child is at risk of abuse or neglect. The facts 37 supporting the finding must be stated on the record; 38 39 (ii) Whether the return to the home of the parent or legal guardian 40 would create a substantial risk of detriment to the child’s safety, 41 protection, or physical or emotional well-being. The facts 42 supporting the finding must be stated on the record 43

55 1 (iii) Whether reunification services have been terminated; 2 3 (iv) Whether the matter has been set for a hearing to terminate 4 parental rights or establish a guardianship; and 5 6 (

v) Whether the minor intends to sign a mutual agreement for a 7 placement in a supervised setting as a nonminor dependent. 8 9

(2) At the review hearing held on behalf of a child approaching majority 10 described in (a)(1) and any hearing under (a)(2) or (a)(3) held on behalf of a 11 child more than 17 years, 5 months old and less than 18 years of age, in 12 addition to complying with all other statutory and rule requirements 13 applicable to the hearing, the court must find on the record and in the written, 14 signed orders: 15 16 (

A) Whether the child’s Transitional Independent Living Case Plan, if 17 required, or Transitional Independent Living Plan, includes: 18 19 (

i) A plan specific to the child for him or her to satisfy one or more 20 of the criteria in

section 11403(

b) and the specific criteria in 21

section 11403(

b) it is anticipated the child will satisfy; and 22 23 (ii) The child’s alternate plan for his or her transition to 24 independence, including, housing, education, employment, and a 25 support system, in the event the child does not remain under 26 juvenile court jurisdiction after attaining 18 years of age. 27 28 (

B) For an Indian child to whom the Indian Child Welfare Act applies, 29 whether he or she intends to continue to be considered an Indian child 30 for the purposes of the ongoing application of the Indian Child Welfare 31 Act to him or her as a nonminor dependent; 32 33 (

C) Whether the child has an in-progress application pending for title XVI 34 Supplemental Security Income benefits and, if such an application is 35 pending, whether it is in the child’s best interest to continue juvenile 36 court jurisdiction until a final decision has been issued to ensure that 37 the child receives continued assistance with the application process; 38 39 (

D) Whether the child has an in-progress application pending for Special 40 Juvenile Immigration Status or other applicable application for legal 41 residency and an active juvenile court case is required for that 42 application; 43

56 1 (

E) Whether the child has been informed that he or she may decline to 2 become a nonminor dependent; 3 4 (

F) Whether the child has been informed that upon reaching 18 years of 5 age he or she may request the dismissal of juvenile court jurisdiction 6 over him or her under

section 778; 7 8 (

G) Whether the child understands the potential benefits of remaining under 9 juvenile court jurisdiction as a nonminor dependent; and 10 11 (

H) Whether the child has been informed that if juvenile court jurisdiction 12 is terminated, he or she has the right to file a request to return to foster 13 care and have the juvenile court assume or resume transition 14 jurisdiction over him or her as a nonminor dependent; 15 16 (

I) Whether all the information, documents, and services in sections 391(e) 17 were provided to the child, and 18 19 (

i) Whether the barriers to providing any missing information, 20 documents or services can be overcome by the date the child 21 attains 18 years of age; and 22 23 (ii) Whether juvenile court jurisdiction should be continued to ensure 24 that all information, documents, and services are provided to the 25 child if the barriers cannot be overcome by the child attains 18 26 years of ages; and 27 28 (

J) Whether verification was submitted that the notices and information 29 required under

section 607.5 were provided to a child who is or was 30 subject to an order for foster care placement. 31 32 (

e) Orders 33 34

(1) For a child previously determined to be a dual status child for whom 35 dependency jurisdiction was suspended under

section 241.1(e)(5)(A), 36 dependency jurisdiction must be resumed if the court finds that the child’s 37 rehabilitative goals have been achieved and a return to the home of the parent 38 or legal guardian would be detrimental to the child. 39 40

(2) For a child previously determined to be a dual status child for whom the 41 probation department was designated the lead agency under

section 42 241.1(e)(5)(B), the court must terminate dual status, dismiss delinquency 43

57 jurisdiction and continue dependency jurisdiction with the child welfare 1 services department responsible for the child's placement if the court finds 2 that the child’s rehabilitative have been achieved and a return to the home of 3 the parent or legal guardian would be detrimental to the child. 4 5

(3) For a child who comes within the description of

section 450(a), other than a 6 child described in (e)(1) or (e)(2), the court must enter an order modifying its 7 jurisdiction over him or her from delinquency jurisdiction to transition 8 jurisdiction and set a nonminor dependent status review hearing under rule 9 5.903 within six months of the last hearing held under

section 727.2. 10 11

(4) For a child who was not subject to the court’s dependency jurisdiction at the 12 time he or she was adjudged a ward and is currently subject to an order for a 13 foster care placement the court must: 14 15 (

A) Order the probation department or the child’s attorney to submit an 16 application, under

section 329, to the county child welfare services 17 department to commence a proceeding to declare the child a dependent 18 of the court by filing a petition under

section 300 if the court finds: 19 20 (

i) The child does not come within the description of

section 450(a); 21 22 (ii) The rehabilitative goals for the child included in his or her case 23 plan have been met and delinquency jurisdiction is no longer 24 required; and 25 26 (iii) The child appears to come within the description of

section 300 27 and a return to the home of the parent or legal guardian may be 28 detrimental to his or her safety, protection, or physical or 29 emotional well-being. 30 31 (

B) Set a hearing to review the county child welfare services department’s 32 decision within 20 court days of the date the order to file an application 33 under

section 329 was entered and at that hearing: 34 35 (

i) Affirm the county child welfare services department’s decision 36 not to file a petition under

section 300; or 37 38 (ii) Order the county child welfare services department to file a 39 petition under

section 300. 40 41 (

C) If the court affirms the decision not to file a petition under

section 300 42 or a petition filed under

section 300 is not sustained, the court may: 43

58 1 (

i) Return the child to the home of the parent or legal guardian and 2 set a progress report hearing within the next six months; 3 4 (ii) Return the child to the home of the parent or legal guardian and 5 terminate juvenile court jurisdiction over the child; or 6 7 (iii) Continue the child’s foster care placement and set a hearing 8 under

section 727.2 no more than six months from the date of the 9 most recent hearing held under 727.2. 10 11

(5) For a child who was subject to an order for foster care placement as a 12 dependent of the court at the time he or she was adjudged a ward, the court 13 must modify its delinquency jurisdiction over the child by vacating the order 14 terminating jurisdiction over the child as a dependent of the court and 15 resuming dependency jurisdiction over him or her if the court finds: 16 17 (

A) The child does not come within the description of

section 450(a); 18 19 (

B) The rehabilitative goals for the child included in his or her case plan 20 have been met and delinquency jurisdiction may not be required; and 21 22 (

C) The child remains within the description of a dependent child under 23

section 300 and a return to the home of a parent or legal guardian 24 would create a substantial risk of detriment to his or her safety, 25 protection, or physical or emotional well-being. 26 27

(6) At a hearing described in (a)(1) for a child approaching majority or at any 28 hearing described in (a)(2) or (a)(3) held on behalf of a child more than 17 29 years, 5 months old and less than 18 years of age that did not result in 30 modification of jurisdiction over the child from delinquency jurisdiction to 31 dependency jurisdiction or transition jurisdiction, the court must: 32 33 (

A) Return the child to the home of the parent or legal guardian and set a 34 progress report hearing within the next six months; or 35 36 (

B) Return the child to the home of the parent or legal guardian and 37 terminate juvenile court jurisdiction over the child; or 38 39 (

C) Continue the child’s foster care placement and: 40 41 (

i) For the child who intends to meet the eligibility requirements for 42 status as a nonminor dependent after attaining 18 years of age, 43

59 the court must set a nonminor dependent review hearing under 1 rule 5.903 no more than six months from the most recent hearing 2 held under

section 727.2; or 3 4 (ii) For the child who does not intend to meet the eligibility 5 requirements for nonminor dependent status after attaining 18 6 years of age, the court must: 7 8 a. Set a hearing to terminate delinquency jurisdiction under 9

section 607.2(b)(4) and

section 607.3 for a date within one 10 month after the child’s 18th birthday; or 11 12 b. Set a hearing under

section 727.2 no more than six months 13 from the date of the most recent hearing held under

section 14 727.2 for the child who will remain under delinquency 15 jurisdiction in a foster care placement. 16 17

(7) At any hearing under (a)(2) or (a)(3) held on behalf of a child 17 years, 5 18 months old or less that did not result in modification of jurisdiction over the 19 child from delinquency jurisdiction to dependency jurisdiction, the court 20 must: 21 22 (

A) Return the child to the home of the parent or legal guardian and set a 23 progress report hearing within the next six months; 24 25 (

B) Return the child to the home of the parent or legal guardian and 26 term