AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on April 24, 2012, effective on July 1, 2012 7 Rule 5.118. Application for court order Declarations supporting and responding to a 1 request for court order ................................................................................................. 8 2

Chapter 8. Domestic Violence Cases .............................................................................. 9 3

Article 1. Domestic Violence Prevention Act Cases ..................................................... 9 4

Article 2. Tribal Court Protective Orders .................................................................... 10 5 Rule 5.502.

Definitions and use of terms ................................................................. 10 6 Rule 5.555. Hearing to consider termination of juvenile court jurisdiction over a 7 nonminor— dependents or wards of the juvenile court in a foster care placement and 8 nonminor dependents (§§ 224.1(b), 303, 366.31, 391, 452, 607.3, 16501.1(f)(16)) 10 9 Rule 5.707. Review hearing requirements for child approaching majority (§§ 224.1, 10 366(a)(1)(F), 366.3(l), 366.3(l)–(n), 16501.1(f)(16)) ............................................... 16 11 Rule 5.812.

Additional requirements for any hearing to terminate jurisdiction over 12 child in foster care and for status review hearing for child approaching majority (§§ 13 450, 451, 727.2(i)–(j), 778) ....................................................................................... 18 14 Rule 5.900. Nonminor dependent— preliminary provisions (§§ 224.1(b), 295, 303, 15 366, 366.3, 388, 391, 607(a)) .................................................................................... 27 16 Rule 5.906.

Request by nonminor for the juvenile court to resume jurisdiction (§§ 17 224.1(b), 303, 388(e)) ............................................................................................... 27 18 Rule 8.485 Application ............................................................................................ 36 19

Chapter 8. Miscellaneous Writs of Review ................................................................. 36 20 Rule 8.497. Review of California Environmental Quality Act cases under Public 21 Resources Code sections 21178–21189.3 ................................................................. 36 22 Rule 8.499. Filing, modification, and finality of decision; remittitur ...................... 41 23 24

8 Rule 5.118. Application for court order Declarations supporting and responding to 1 a request for court order 2 3 (

a) No memorandum of points and authorities need be filed with an application for a 4 court order unless required by the court on a case-by-case basis. 5 6 (

b) A completed Income and Expense Declaration (form FL-150) or Financial 7 Statement (Simplified) (form FL-155), Property Declaration (form FL-160), and 8 Application for Order and Supporting Declaration (form FL-310) must be attached 9 to an application for an injunctive or other order when relevant to the relief 10 requested. 11 12 (

c) A copy of the Application for Order and Supporting Declaration with all 13 attachments and a blank copy of the Responsive Declaration (form FL-320) must 14 be served on the person against whom relief is requested. The original application 15 and order must be retained in the court file. 16 17 (

d) If relief is sought by an Order to Show Cause, a copy of the order endorsed by the 18 clerk must be served. 19 20 (

e) Blank copies of the Income and Expense Declaration or Financial Statement 21 (Simplified) and the Property Declaration must be served when completed 22 declarations are among the papers required to be served. 23 24 (

f) Declarations supporting and applications for orders 25 26 (a)

(1) Length of declarations 27 28 A declaration attached to an order to show cause or notice of motion a request for 29 order and responsive declaration must not exceed 10 pages in length, and a reply 30 declaration must not exceed 5 pages in length, unless: 31 32 (1)(

A) The declaration is of an expert witness, or 33 34 (2)(

B) The court grants permission to extend the length of a declaration. A 35 party may apply to the court ex parte with written notice of the application to 36 the other parties, at least 24 hours before the papers are due, for permission to 37 file a longer declaration. The application must state reasons why the facts 38 cannot be set forth within the declaration page limit. 39 40 (Subd (

a) amended and relettered effective July 1, 2012; adopted as paragraph (1) of subd 41 (

f) effective July 1, 2011.) 42 43

9 (b)

(2) Objections Objections Objections to declarations 1 2 (1)(

A) A declaration must be based on personal knowledge and explain how 3 the person has acquired that knowledge. The statements in the declaration 4 must be admissible in evidence. 5 6 (2)(

B) If a party thinks that a declaration does not meet the requirements of 7 (A)(1), the party must object to the declaration at the time of the hearing, or 8 any objection will be considered waived, and the declaration may be 9 considered as evidence. 10 11 (3)(

C) If the court does not specifically rule on the objection raised by a party, 12 the objection is presumed overruled. If an appeal is filed, any presumed 13 overrulings can be challenged. 14 15 (Subd (

b) amended and relettered effective July 1, 2012; adopted as paragraph (2) of subd 16 (

f) effective July 1, 2011.) 17 18 Rule 5.118 amended effective July 1, 2012; adopted as rule 1225 effective January 1, 1970; 19 previously amended and renumbered effective January 1, 2003; previously amended effective 20 January 1, 1972, July 1, 1977, January 1, 1980, January 1, 1999, January 1, 2004, January 1, 21 2007, and July 1, 2011. 22 23

Chapter 8. Domestic Violence Cases 24 Title 5, Family and Juvenile Rules— Division 1, Family Rules—

Chapter 8, Domestic Violence Cases; 25 adopted effective July 1, 2012. 26 27

Article 1. Domestic Violence Prevention Act Cases 28 Title 5, Family and Juvenile Rules— Division 1, Family Rules—

Chapter 8, Domestic Violence Cases— 29

Article 1, Domestic Violence Prevention Act Cases; adopted effective July 1, 2012. 30 31 32 Rule 5.380. Agreement and judgment of parentage in Domestic Violence Prevention 33 Act cases 34 35 *** 36 37 Rule 5.381. Modification of child custody, visitation, and support orders in 38 Domestic Violence Prevention Act cases 39 40 *** 41 42

Article 2. Tribal Court Protective Orders 1 Title 5, Family and Juvenile Rules— Division 1, Family Rules—

Chapter 8, Domestic Violence Cases— 2

Article 2, Tribal Court Protective Orders; adopted effective July 1, 2012. 3 4 Rule 5.386. Procedures for filing a tribal court protective order 5 6 *** 7 8 Rule 5.502.

Definitions and use of terms 9 10

Definitions (§§ 202(e), 303(b), 319, 361, 361.5(a)(3), 450, 628.1, 636, 726, 727.3(c)(2), 11 727.4(d), 11400(v), 11400(y), 16501(f)(16); 20 U.S.C. § 1415; 25 U.S.C. § 1903(2)) 12 13 As used in these rules, unless the context or subject matter otherwise requires: 14 15 (1)–(15) *** 16 17 (16) “General jurisdiction” means the jurisdiction the juvenile court retained maintains 18 over a nonminor under

section 303(

b) at the time of the dismissal of dependency 19 jurisdiction, delinquency jurisdiction, or transition jurisdiction for the purpose of 20 considering a request to resume its dependency jurisdiction or to assume or resume 21 its transition jurisdiction over the person as a nonminor dependent. 22 23 (17)–(41) *** 24 25 Rule 5.502 amended effective July 1, 2012; adopted as rule 1401 effective January 1, 1990; 26 previously amended and renumbered effective January 1, 2007; previously amended effective 27 July 1, 1992, July 1, 1997, January 1, 1998, January 1, 1999, January 1, 2001, July 1, 2002, 28 January 1, 2003, January 1, 2008, July 1, 2010, January 1, 2011, and January 1, 2012. 29 30 Rule 5.555.

Hearing to consider termination of juvenile court jurisdiction over a 31 nonminor— dependents or wards of the juvenile court in a foster care 32 placement and nonminor dependents (§§ 224.1(b), 303, 366.31, 391, 452, 607.3, 33 16501.1(f)(16)) 34 35 (

a) Applicability 36 37

(1) This rule applies to any hearing during which the termination of the juvenile 38 court’s jurisdiction over the following nonminors will be considered: 39 40 (A) *** 41 42

11 (

B) A ward or dependent of the juvenile court who is a nonminor 18 years 1 of age or older, and subject to an order for a foster care placement. 2 3

(2) Nothing in the Welfare and Institutions Code or in the California Rules of 4 Court restricts the ability of the juvenile court to maintain dependency 5 jurisdiction or delinquency jurisdiction over a person, 18 years of age and or 6 older, who does not meet the eligibility requirements for status as a nonminor 7 dependent and to proceed as to that person under the relevant sections of the 8 Welfare and Institutions Code and California Rules of Court. 9 10 (Subd (

a) amended effective July 1, 2012.) 11 12 (

b) Setting a hearing 13 14

(1) A court hearing must be placed on the appearance calendar must be and held 15 prior to terminating juvenile court jurisdiction. 16 17 (2)–(3) *** 18 19

(4) If juvenile court jurisdiction was resumed after having previously been 20 terminated with the juvenile court retaining general jurisdiction for the 21 purpose of resuming its jurisdiction, and subsequently jurisdiction was 22 resumed, a hearing under this rule must be held if the nonminor dependent 23 wants juvenile court jurisdiction terminated again. The social worker or 24 probation officer is not required to file the 90-day Transition Plan, and the 25 court need not make the findings included described in (d)(1)(L)(iii) or 26 (d)(2)(E)(vi). 27 28

(5) The hearing must be continued for no more than five court days for the 29 submission of additional information as ordered by the court, if the court 30 determines that the report, the Transitional Independent Living Plan, the 31 Transitional Independent Living Case Plan (TILCP) if required, or the 90-day 32 Transition Plan submitted by the social worker or probation officer does not 33 provide the information required by (

c) and the court is unable to make the 34 findings and orders required by (d). 35 36 (Subd (

b) amended effective July 1, 2012.) 37 38 (

c) Reports 39 40

(1) In addition to complying with all other statutory and rule requirements 41 applicable to the report prepared by the social worker or probation officer for 42

12 any hearing during which termination of the court’s jurisdiction will be 1 considered, the report must include: 2 3 (A) *** 4 5 (

B) The specific criteria in

section 11403(

b) met by the nonminor that 6 makes him or her eligible to remain under juvenile court jurisdiction as 7 a nonminor dependent as defined in

section 11400(v); 8 9 (

C) For an Indian child a nonminor to whom the Indian Child Welfare Act 10 applies, when and how the nonminor was provided with information 11 about the right to continue to be considered an Indian child for the 12 purposes of the ongoing application of the Indian Child Welfare Act to 13 him or her as a nonminor; 14 15 (D) *** 16 17 (

E) Whether the nonminor has applied for and, if so, the status of any in- 18 progress application pending for Special Immigrant Juvenile 19 Immigration Status or other applicable application for legal residency 20 and whether an active juvenile court case is required for that 21 application; 22 23 (F) *** 24 25 (

G) When and how the nonminor was informed that if juvenile court 26 jurisdiction is terminated, with the court maintains retaining general 27 jurisdiction over him or her for the purpose of resuming jurisdiction, 28 and he or she has the right to file a request to return to foster care and 29 have the juvenile court resume jurisdiction over him or her as a 30 nonminor dependent until he or she has attained the age of 21 years or 31 the age of 20 years if the Legislature does not appropriate funding to 32 extend the availability of foster care placement to the age of 21 years; 33 34 (

H) When and how the nonminor was informed that if juvenile court 35 dependency jurisdiction or transition jurisdiction is continued over him 36 or her, he or she has the right to have juvenile court that jurisdiction 37 terminated; 38 39 (

I) For a nonminor who is not present for the hearing: 40 41 (

i) Documentation of the nonminor’s statement that the he or she did 42 not wish to appear in court for the scheduled hearing; or 43

13 1 (ii) *** 2 3 (

J) Verification that the nonminor was provided with the information, 4 documents, and services as required under

section 391(e)(1)–(8); and 5 6 (

K) Verification for When and how a nonminor who is under delinquency 7 jurisdiction that was provided with the notices and information required 8 under

section 607.5 were provided. 9 10 (2)–(3) *** 11 12

(4) The social worker’s or probation officer’s report and all documents required 13 by (c)(2)–(3) must be filed with the court at least 10 calendar days before the 14 hearing, and the social worker or probation officer must provide copies of the 15 report and other documents to the nonminor, the nonminor’s parents, and all 16 attorneys of record. If the nonminor is under juvenile court jurisdiction as a 17 nonminor dependent, the social worker or probation officer is not required to 18 provide copies of the report and other documents to the nonminor 19 dependent’s parents. 20 21 (Subd (

c) amended effective July 1, 2012.) 22 23 (

d) Findings and orders 24 25 In addition to complying with all other statutory and rule requirements applicable 26 to the hearing, the following judicial findings and orders must be made on the 27 record and included in the written, signed court documentation of the hearing: 28 29

(1) Findings 30 31 (A)–(B) *** 32 33 (

C) Whether the nonminor meets one or more of the eligibility criteria in 34

section 11403(

b) to remain in foster care as a nonminor dependent 35 under juvenile court jurisdiction and, if so, the specific criteria in 36

section 11403(

b) met by the nonminor; 37 38 (

D) For an Indian child a nonminor to whom the Indian Child Welfare Act 39 applies, whether the nonminor was provided with information about the 40 right to continue to be considered an Indian child for the purposes of 41 the ongoing application of the Indian Child Welfare Act to him or her; 42 43

14 (E) *** 1 2 (

F) Whether the nonminor has an in-progress application pending for 3 Special Immigrant Juvenile Immigration Status or other applicable 4 application for legal residency and whether an active juvenile court 5 case is required for that application; 6 7 (G) *** 8 9 (

H) Whether the nonminor has been informed that if juvenile court 10 jurisdiction is continued, he or she may have the right to have juvenile 11 court jurisdiction terminated with and that the court will maintain 12 retaining general jurisdiction over him or her for the purpose of 13 resuming dependency jurisdiction or assuming or resuming transition 14 jurisdiction over him or her as a nonminor dependent; 15 16 (

I) Whether the nonminor has been informed that if juvenile court 17 jurisdiction is terminated with the court retaining general jurisdiction, 18 he or she has the right to file a request to return to foster care and have 19 the juvenile court resume jurisdiction over him or her as a nonminor 20 dependent until he or she has attained the age of 21 years or the age of 21 20 years if the Legislature does not appropriate funding to extend the 22 availability of nonminor foster care placement to the age of 21 years; 23 24 (J) *** 25 26 (

K) Whether verification was submitted that the requirements of

section 27 607.5 have been completed for a nonminor who is subject to under 28 delinquency jurisdiction was provided with the notices and information 29 required under

section 607.5; and 30 31 (L)–(M) *** 32 33

(2) Orders 34 35 (

A) Order the continuation of juvenile court jurisdictionFor a nonminor 36 who meets one or more of the eligibility criteria in

section 11403(

b) to 37 remain in placement under dependency jurisdiction as a nonminor 38 dependent or under transition jurisdiction as a nonminor dependent, the 39 court must order the continuation of juvenile court jurisdiction unless 40 the court finds that: 41 42 (i)–(iii) *** 43

15 1 (

B) When juvenile court jurisdiction is continued for the nonminor to 2 remain in placement as a nonminor dependent: 3 4 (i) *** 5 6 (ii) Continue the nonminor’s status as an Indian child for the 7 purposes of the ongoing application of the Indian Child Welfare 8 Act to him or her unless he or she has elected not to have his or 9 her status as an Indian child continued; and 10 11 (iii) *** 12 13 (

C) For a nonminor who does not meet and does not intend to meet the 14 eligibility requirements for nonminor dependent status but who is 15 otherwise eligible to and will remain under juvenile court’s jurisdiction 16 in a foster care placement, the court must set a hearing under

section 17 366.21, 366. 2, 366.25, 366.3, 727.2, or 727.3 within six months of the 18 date of the nonminor’s most recent status review hearing. 19 20 (

D) For a nonminor whose current location is unknown, the court may enter 21 an order for termination of juvenile court jurisdiction only after finding 22 that reasonable efforts were made to locate the nonminor whose current 23 location is unknown; 24 25 (

E) For a nonminor (1) who does not meet one or more of the eligibility 26 criteria of

section 11403(

b) and is not otherwise eligible to remain 27 under juvenile court jurisdiction, (2) who does meet one or more of the 28 eligibility criteria of

section 11403(

b) but does not wish to remain 29 under the jurisdiction of the juvenile court as a nonminor dependent, or 30 (3) who does meet one or more of the eligibility criteria of

section 31 11403(

b) but is not participating in a reasonable and appropriate 32 Transitional Independent Living Case Plan, the court may enter an 33 order for the termination of juvenile court jurisdiction only after 34 entering the following findings and orders: 35 36 (i)–(iii) *** 37 38 (iv) The nonminor was provided with a copy of How to Return to 39 Juvenile Court Jurisdiction and Foster Care (form JV-464- 40 INFO), Request to Return to Juvenile Court Jurisdiction and 41 Foster Care (form JV-466), Confidential Information— Request 42 to Return to Juvenile Court Jurisdiction and Foster Care (form 43

16 JV-468), and an endorsed, filed copy of the Termination of 1 Juvenile Court Jurisdiction— Nonminor (form JV-365); 2 3 (v) *** 4 5 (vi) The nonminor’s 90-day Transition Plan includes specific options 6 regarding housing, health insurance, education, local 7 opportunities for mentors and continuing support services, 8 workforce supports and employment services, and information 9 that explains how and why to designate a power of attorney for 10 health care;. 11 12 (

F) An order retaining general jurisdiction over the nonminor for the 13 purpose of considering a request filed under

section 388(

e) to resume 14 dependency jurisdiction or to assume or resume transition jurisdiction 15 over him or her as a nonminor dependent must be made when juvenile 16 court jurisdiction is terminated under this rule. 17 18 (Subd (

d) amended effective July 1, 2012.) 19 20 Rule 5.555 amended effective July 1, 2012; adopted effective January 1, 2012. 21 22 Rule 5.707. Review hearing requirements for child approaching majority (§§ 224.1, 23 366(a)(1)(F), 366.3(l), 366.3(l)–(n), 16501.1(f)(16)) 24 25 (

a) Reports 26 27 At the last review hearing before the child attains 18 years of age held under 28

section 366.21, 366.22, 366.25, or 366.3, in addition to complying with all other 29 statutory and rule requirements applicable to the report prepared by the social 30 worker for the hearing, the report must include a description of: 31 32 (1) *** 33 34

(2) The efforts made by the social worker to help the child meet one or more of 35 the criteria in

section 11403(b); 36 37 (3) *** 38 39

(4) Whether the child has applied for and, if so, the status of any in-progress 40 application pending for title XVI Supplemental Security Income benefits and, 41 if such an application is pending, whether it will be in the child’s best interest 42

17 to continue juvenile court jurisdiction until a final decision is issued to ensure 1 that the child receives continued assistance with the application process; 2 3

(5) Whether the child has an in-progress application pending for Special 4 Immigrant Juvenile Immigration Status or other applicable application for 5 legal residency and whether an active dependency case is required for that 6 application; 7 8

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

section 391(e)(1), 10 and to the extent that the child has not yet been provided with the information 11 them, the barriers to providing that the information, documents, or services 12 and the steps that will be taken to overcome those barriers by the date the 13 child attains 18 years of age; 14 15

(7) The efforts made by the social worker toward completing and providing the 16 child with the documents and services described in

section 391(e)(2), and to 17 the extent that the child has not yet been provided with them, the barriers to 18 providing documents and services, and the steps that will be taken to 19 overcome those barriers by the date the child attains 18 years of age; 20 21 (8)(7) *** 22 23 (9)(8) *** 24 25 (10)

(9) When and how the child was informed that if juvenile court jurisdiction 26 is terminated after he or she attains 18 years of age, he or she has the right to 27 file a request to return to foster care and have the juvenile court resume 28 jurisdiction over him or her as a nonminor dependent. 29 30 (Subd (

a) amended effective July 1, 2012.) 31 32 (b) *** 33 34 (

c) Findings 35 36

(1) At the last review hearing before the child attains 18 years of age held under 37

section 366.21, 366.22, 366.25, or 366.3, in addition to complying with all 38 other statutory and rule requirements applicable to the hearing, the court must 39 find on the record and in the written, signed orders: 40 41 (A)–(D) *** 42 43

18 (

E) Whether the child has an in-progress application pending for Special 1 Immigrant Juvenile Immigration Status or other applicable application 2 for legal residency and whether an active dependency case is required 3 for that application; 4 5 (

F) Whether all the information, documents, and services in sections 391(e) 6 were provided to the child, and(

i) Wwhether the barriers to providing 7 any missing information, documents, or services can be overcome by 8 the date the child attains 18 years of age; and 9 10 (ii) Whether juvenile court jurisdiction should be continued to ensure 11 that all information, documents, and services are provided to the 12 child if the barriers cannot be overcome by the date the child 13 attains 18 years of age; 14 15 (G)–(H) *** 16 17 (

I) Whether the child has been informed that if juvenile court jurisdiction 18 is terminated after he or she attains 18 years of age, he or she has the 19 right to file a request to return to foster care and have the juvenile court 20 resume jurisdiction over him or her as a nonminor dependent. 21 22 (2) *** 23 24 (Subd (

c) amended effective July 1, 2012.) 25 26 (

d) Orders 27 28

(1) For a child who intends to remain under juvenile court jurisdiction as a 29 nonminor dependent, as defined in

section 11400(v), after attaining 18 years 30 of age, the court must set a nonminor dependent status review hearing under 31 rule 5.903 within six months from the date of the current hearing. 32 33 (2) *** 34 35 (Subd (

d) amended effective July 1, 2012.) 36 37 Rule 5.707 amended effective July 1, 2012; adopted effective January 1, 2012. 38 39 Rule 5.812. Additional requirements for any hearing to terminate jurisdiction over 40 child in foster care and for status review hearing for child approaching 41 majority (§§ 450, 451, 727.2(i)–(j), 778) 42 43

19 (

a) Hearings subject to this rule 1 2 The following hearings are subject to this rule: 3 4 (1)–(3) *** 5 6

(4) Any hearing to terminate juvenile court jurisdiction over a child less than 18 7 years of age who is not currently subject to an order for foster care 8 placement, but was previously removed from the custody of his or her parents 9 or legal guardian as a dependent of the juvenile court and an order for a foster 10 care placement as a dependent of the juvenile court was in effect at the time 11 the juvenile court adjudged the child to be a ward of the juvenile court under 12

section 725. 13 14 (Subd (

a) amended effective July 1, 2012.) 15 16 (

b) Conduct of the hearing 17 18

(1) The hearing must be held before a judicial officer and recorded by a court 19 reporter. 20 21

(2) The hearing must be continued for no more than five court days for the 22 submission of additional information as ordered by the court if the court finds 23 that the report and, if required, the Transitional Independent Living Case Plan 24 and Transitional Independent Living Plan submitted by the probation officer 25 do not provide the information required by (

c) and the court is unable to 26 make all the findings required by (d). 27 28 (Subd (

b) amended effective July 1, 2012.) 29 30 (

c) Reports 31 32

(1) In addition to complying with all other statutory and rule requirements 33 applicable to the report prepared by the probation officer for a hearing 34 described in (a)(1)–(4), the report must include verification that the 35 requirements of state whether the child was provided with the notices and 36 information required under

section 607.5 have been completed and include a 37 description of: 38 39 (A) *** 40 41 (

B) If reunification services have not been previously terminated, the 42 progress of each parent or legal guardian toward participating in case 43

20 plan service activities and meeting the case plan goals developed to 1 assist in the efforts to resolve his or her issues that were identified and 2 contributed to the child’s removal from his or her custody. 3 4 (C) *** 5 6 (

D) For a child previously determined to be a dual status child for whom 7 juvenile court jurisdiction as a dependent was suspended under

section 8 241.1(e)(5)(A), a joint assessment by the probation department and the 9 child welfare services agency under

section 366.5 regarding the 10 detriment, if any, to the child of a return to the home of his or her 11 parents or legal guardian and a recommendation on the resumption of 12 dependency jurisdiction. The facts in support of the opinions expressed 13 and the recommendations made must be included in the joint 14 assessment

section of the report. If the probation department and the 15 child welfare services agency do not agree, the child welfare services 16 agency must file a separate report with facts in support of its opinions 17 and recommendations. 18 19 (

E) For a child previously determined to be a dual status child for whom 20 the probation department was designated the lead agency under

section 21 241.1(e)(5)(B), the detriment, if any, to the child of a return to the 22 home of his or her parents or legal guardian and the probation officer’s 23 recommendation regarding the modification of the court’s jurisdiction 24 over the child from that of a dual status child to that of a child under the 25 court’s jurisdiction as a dependent under

section 300 and the facts in 26 support of the opinion expressed and the recommendation made. 27 28 (F) *** 29 30

(2) For the review hearing held on behalf of a child approaching majority 31 described in (a)(1) and any hearing described in (a)(2) or (a)(3) held on 32 behalf of a child more than 17 years, 5 months old and less than 18 years of 33 age, in addition to complying with all other report requirements set forth in 34 (c)(1), the report prepared by the probation officer must include: 35 36 (A) *** 37 38 (

B) The efforts made by the probation officer to help the child meet one or 39 more of the criteria in

section 11403(b); 40 41 (C)–(D) *** 42 43

21 (

E) Whether the child has an in-progress application pending for Special 1 Immigrant Juvenile Immigration Status or other applicable application 2 for legal residency and whether an active juvenile court case is required 3 for that application; 4 5 (

F) The efforts made by the probation officer toward providing the child 6 with the written information, documents, and services described in 7

section 391(e)(1), and, to the extent that the child has not yet been 8 provided with the information them, the barriers to providing the 9 information, documents or services and the steps that will be taken to 10 overcome those barriers by the date the child attains 18 years of age; 11 12 (

G) The efforts made by the probation officer toward completing and 13 providing the child with the items described in

section 391(e)(2), and, 14 to the extent that the child has not yet been provided with each of the 15 documents and services, the barriers to providing those items, and the 16 steps that will be taken to overcome those barriers by the date the child 17 attains 18 years of age; 18 19 (H)(G) *** 20 21 (I) (H) *** 22 23 (J)(

I) When and how the child was informed that if juvenile court jurisdiction 24 is terminated after he or she attains 18 years of age, he or she has the 25 right to file a request to return to foster care and have the juvenile court 26 assume or resume transition jurisdiction over him or her as a nonminor 27 dependent; and 28 29 (K)(

J) The child’s Transitional Independent Living Case Plan and 30 Transitional Independent Living Plan, which must include: 31 32 (i)–(ii) *** 33 34 (Subd (

c) amended effective July 1, 2012.) 35 36 (

d) Findings 37 38

(1) At the hearing described in (a)(1)–(4), in addition to complying with all other 39 statutory and rule requirements applicable to the hearing, the court must find 40 on the record and in the written, signed orders: 41 42 (A) *** 43

22 1 (

B) For a dual status child for whom dependency jurisdiction was 2 suspended under

section 241.1(e)(5)(A), whether the return to the home 3 of the parents or legal guardian would be detrimental to the minor. The 4 facts supporting the finding must be stated on the record. 5 6 (

C) For a child previously determined to be a dual status child for whom 7 the probation department was designated the lead agency under

section 8 241.1(e)(5)(B), whether the return to the home of the parents or legal 9 guardian would be detrimental to the minor. The facts supporting the 10 finding must be stated on the record. 11 12 (

D) For a child other than a dual status child: 13 14 (

i) Who was not subject to the court’s dependency jurisdiction at the 15 time he or she was adjudged a ward and is currently subject to an 16 order for a foster care placement, whether the child is at risk of 17 abuse or neglectappears to come within the description of

section 18 300 and cannot be returned home safely. The facts supporting the 19 finding must be stated on the record; 20 21 (ii) Who was subject to an order for a foster care placement as a 22 dependent of the court at the time he or she was adjudged a ward, 23 whether the child remains within the description of a dependent 24 child under

section 300 and whether the return to the home of the 25 parents or legal guardian would create a substantial risk of 26 detriment to the child’s safety, protection, or physical or 27 emotional well-being. The facts supporting the findings must be 28 stated on the record; 29 30 (ii) Whether the return to the home of the parent or legal guardian 31 would create a substantial risk of detriment to the child’s safety, 32 protection, or physical or emotional well-being. The facts 33 supporting the finding must be stated on the record 34 35 (iii)–(v) *** 36 37

(2) At the review hearing held on behalf of a child approaching majority 38 described in (a)(1) and any hearing under (a)(2) or (a)(3) held on behalf of a 39 child more than 17 years, 5 months old and less than 18 years of age, in 40 addition to complying with all other statutory and rule requirements 41 applicable to the hearing, the court must find on the record and in the written, 42 signed orders: 43

23 1 (

A) Whether the child’s Transitional Independent Living Case Plan, if 2 required, or Transitional Independent Living Plan, includes: 3 4 (i) *** 5 6 (ii) The child’s alternate plan for his or her transition to 7 independence, including, housing, education, employment, and a 8 support system, in the event the child does not remain under 9 juvenile court jurisdiction after attaining 18 years of age. 10 11 (B)–(C) *** 12 13 (

D) Whether the child has an in-progress application pending for Special 14 Immigrant Juvenile Immigration Status or other applicable application 15 for legal residency and whether an active juvenile court case is required 16 for that application; 17 18 (E)–(F) *** 19 20 (

G) Whether the child understands the potential benefits of remaining under 21 juvenile court jurisdiction as a nonminor dependent; and 22 23 (

H) Whether the child has been informed that if after reaching 18 years of 24 age juvenile court jurisdiction is terminated, he or she has the right to 25 file a request to return to foster care and have the juvenile court assume 26 or resume transition jurisdiction over him or her as a nonminor 27 dependent; 28 29 (

I) Whether all the information, documents, and services in sections 391(e) 30 were provided to the child, and (

i) W whether the barriers to providing 31 any missing information, documents, or services can be overcome by 32 the date the child attains 18 years of age; and 33 34 (ii) Whether juvenile court jurisdiction should be continued to ensure 35 that all information, documents, and services are provided to the 36 child if the barriers cannot be overcome by the child attains 18 37 years of ages; and 38 39 (

J) Whether verification was submitted that the notices and information 40 required under

section 607.5 were provided to a child who is or was 41 subject to an order for foster care placement. 42 43

24 (Subd (

d) amended effective July 1, 2012.) 1 2 (

e) Orders 3 4

(1) For a child previously determined to be a dual status child for whom 5 dependency jurisdiction was suspended under

section 241.1(e)(5)(A), 6 dependency jurisdiction must be resumed if the court finds that the child’s 7 rehabilitative goals have been achieved and a return to the home of the 8 parents or legal guardian would be detrimental to the child. 9 10

(2) For a child previously determined to be a dual status child for whom the 11 probation department was designated the lead agency under

section 12 241.1(e)(5)(B), the court must terminate dual status, dismiss delinquency 13 jurisdiction, and continue dependency jurisdiction with the child welfare 14 services department responsible for the child’s placement if the court finds 15 that the child’s rehabilitative goals have been achieved and a return to the 16 home of the parents or legal guardian would be detrimental to the child. 17 18 (3) *** 19 20

(4) For a child who was not subject to the court’s dependency jurisdiction at the 21 time he or she was adjudged a ward and is currently subject to an order for a 22 foster care placement, the court must: 23 24 (

A) Order the probation department or the child’s attorney to submit an 25 application, under

section 329, to the county child welfare services 26 department to commence a proceeding to declare the child a dependent 27 of the court by filing a petition under

section 300 if the court finds: 28 29 (i)–(ii) *** 30 31 (iii) The child appears to come within the description of

section 300 32 and a return to the home of the parents or legal guardian may be 33 detrimental to his or her safety, protection, or physical or 34 emotional well-being. 35 36 (B) *** 37 38 (

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

section 300 39 or a petition filed under

section 300 is not sustained, the court may: 40 41 (

i) Return the child to the home of the parents or legal guardian and 42 set a progress report hearing within the next six months; 43

25 1 (ii) Return the child to the home of the parents or legal guardian and 2 terminate juvenile court jurisdiction over the child; or 3 4 (iii) *** 5 6

(5) For a child who was subject to an order for foster care placement as a 7 dependent of the court at the time he or she was adjudged a ward, the court 8 must modify its delinquency jurisdiction over the child by vacating the order 9 terminating jurisdiction over the child as a dependent of the court and 10 resuming dependency jurisdiction over him or her if the court finds that: 11 12 (A)–(B) *** 13 14 (

C) The child remains within the description of a dependent child under 15

section 300 and a return to the home of a parents or legal guardian 16 would create a substantial risk of detriment to his or her safety, 17 protection, or physical or emotional well-being. 18 19

(6) At a hearing described in (a)(1) for a child approaching majority or at any 20 hearing described in (a)(2) or (a)(3) held on behalf of a child more than 17 21 years, 5 months old and less than 18 years old of age that did not result in 22 modification of jurisdiction over the child from delinquency jurisdiction to 23 dependency jurisdiction or transition jurisdiction, the court must: 24 25 (

A) Return the child to the home of the parents or legal guardian and set a 26 progress report hearing within the next six months; or 27 28 (

B) Return the child to the home of the parents or legal guardian and 29 terminate juvenile court jurisdiction over the child; or 30 31 (

C) Continue the child’s foster care placement and: 32 33 (

i) For the child who intends to meet the eligibility requirements for 34 status as a nonminor dependent after attaining 18 years of age, 35 the court must set a nonminor dependent status review hearing 36 under rule 5.903 no more than six months from the most recent 37 hearing held under

section 727.2; or 38 39 (ii) For the child who does not intend to meet the eligibility 40 requirements for nonminor dependent status after attaining 18 41 years of age, the court must: 42 43

26 a.–b. *** 1 2

(7) At any hearing under (a)(2) or (a)(3) held on behalf of a child 17 years, 5 3 months old or younger less that did not result in modification of jurisdiction 4 over the child from delinquency jurisdiction to dependency jurisdiction, the 5 court must: 6 7 (

A) Return the child to the home of the parents or legal guardian and set a 8 progress report hearing within the next six months; 9 10 (

B) Return the child to the home of the parents or legal guardian and 11 terminate juvenile court jurisdiction over the child; or 12 13 (C) *** 14 15

(8) At any hearing under (a)(4) on behalf of a child less than 18 years of age that 16 did not result in modification of jurisdiction over the child from delinquency 17 jurisdiction to dependency jurisdiction, the court must: 18 19 (

A) Return the child to the home of the parents or legal guardian and set a 20 progress report hearing within the next six months; 21 22 (

B) Return the child to the home of the parents or legal guardian and 23 terminate juvenile court jurisdiction over the child; or 24 25 (C) *** 26 27 (Subd (

e) amended effective July 1, 2012.) 28 29 (

f) Modification of jurisdiction—conditions 30 31 Whenever the court modifies its jurisdiction over a dependent or ward under 32

section 241.1, 607.2, or 727.2, the court must ensure that all of the following 33 conditions are met: 34 35 (1) *** 36 37

(2) The order modifying the court’s jurisdiction contains all of the following 38 provisions: 39 40 (

A) A reference to the original removal findings, the date those findings 41 were made, and a statement that the finding, “continuation in the home 42

27 is contrary to the child’s welfare,” and the finding, “reasonable efforts 1 were made to prevent removal,” made at that hearing remain in effect; 2 3 (B)–(C) *** 4 5 (Subd (

f) amended effective July 1, 2012.) 6 7 Rule 5.812 amended effective July 1, 2012; adopted effective January 1, 2012. 8 9 Rule 5.900. Nonminor dependent— preliminary provisions (§§ 224.1(b), 295, 303, 10 366, 366.3, 388, 391, 607(a)) 11 12 (a)–(e) *** 13 14 Advisory Committee Comment 15 16 A nonminor is entitled to be represented by an attorney of his or her choice rather than by a court- 17 appointed attorney in proceedings under this

chapter and under rule 5.555. (See Welf. & Inst. 18 Code, § 349(b); In re Akkiko M. (1985) 163 Cal.App.3d 525.) Any fees for an attorney retained 19 by the nonminor are the nonminor’s responsibility. 20 21 Rule 5.906. Request by nonminor for the juvenile court to resume jurisdiction (§§ 22 224.1(b), 303, 388(e)) 23 24 (

a) Purpose 25 26 This rule provides the procedures that must be followed when a nonminor wants to 27 have juvenile court jurisdiction resumed over him or her as a nonminor dependent 28 described defined in

section 11400(v). 29 30 (Subd (

a) amended effective July 1, 2012.) 31 32 (

b) Contents of the request 33 34 (1) *** 35 36

(2) The request must be liberally construed in favor of its sufficiency. It must be 37 verified by the nonminor or if the nonminor is unable to provide verification 38 due to a medical condition, the nonminor’s designee representative, and to 39 the extent known to the nonminor or the nonminor’s representative, must 40 include the following information: 41 42 (A) *** 43

28 1 (

B) The nonminor’s address and contact information, unless the nonminor 2 requests that this information be kept confidential from those persons 3 entitled to access to the juvenile court file, including his or her parents, 4 by filing Confidential Information— Request to Return to Juvenile 5 Court Jurisdiction and Foster Care (form JV-468). Form JV-468 must 6 be kept in the court file under seal, and only the court, the child welfare 7 services agency, the probation department, or the Indian tribe with an 8 agreement under

section 10553.1 to provide child welfare services to 9 Indian children (Indian tribal agency), the attorney for the child welfare 10 services agency, the probation department, or the Indian tribe, and the 11 nonminor’s attorney may have access to this information; 12 13 (

C) The name and action number or court file number of the nonminor’s 14 case and the name of the juvenile court that terminated its dependency 15 jurisdiction, delinquency jurisdiction, or transition jurisdiction and 16 retained general jurisdiction for the purpose of considering a request to 17 assume or resume its jurisdiction over him or her as a nonminor 18 dependent; 19 20 (

D) The date the juvenile court entered the order terminating its 21 dependency jurisdiction, delinquency jurisdiction, or transition 22 jurisdiction and retained general jurisdiction over him or her.; 23 24 (E) *** 25 26 (

F) The name and telephone number of the court-appointed attorney who 27 represented the nonminor at the time the juvenile court terminated its 28 dependency jurisdiction, delinquency jurisdiction, or transition 29 jurisdiction and retained general jurisdiction if the nonminor wants that 30 attorney to be the attorney appointed to represent him or her for the 31 purposes of the hearing on the request; 32 33 (

G) If the nonminor is an Indian child within the meaning of the Indian 34 Child Welfare Act and he or she chooses to have the Indian Child 35 Welfare Act apply to him or her, the name of the tribe and the name, 36 address, and telephone number of his or her tribal representative; 37 38 (H)–(J) *** 39 40 (3) *** 41 42 (Subd (

b) amended effective July 1, 2012.) 43

29 1 (

c) Filing the request 2 3

(1) The form JV-466 must be completed and verified by the nonminor or the 4 nonminor’s representative if the nonminor is unable to provide verification 5 due to a medical condition, and may be filed by the nonminor or the county 6 child welfare services, probation department, or Indian tribe (placing agency) 7 on behalf of the nonminor. 8 9

(2) For the convenience of the nonminor, the form JV-466 and, if the nonminor 10 wishes to keep his or her contact information confidential, the Confidential 11 Information— Request to Return to Juvenile Court Jurisdiction and Foster 12 Care (form JV-468) may be: 13 14 (

A) Filed with the juvenile court that maintained retained general 15 jurisdiction in the same action in which the nonminor was found to be a 16 dependent or ward of the court;, or 17 18 (

B) Submitted to the juvenile court in the county in which the nonminor 19 currently resides, after which: 20 21 (i) *** 22 23 (ii) To ensure receipt of the original form JV-466 and, if submitted, 24 the form JV-468, by the court that retained of general jurisdiction 25 within five court days as required in

section 388(e), the court 26 clerk must forward those originals to the clerk of the court that 27 retained of general jurisdiction within two court days of 28 submission of the originals by the nonminor. 29 30 (iii) The court in the county in which the nonminor resides is 31 responsible for all costs of processing, copying, and forwarding 32 the form JV-466 and form JV-468 to the clerk of the court that 33 retained of general jurisdiction. 34 35 (iv) *** 36 37 (

v) The form JV-466 and, if submitted, the form JV-468 must be 38 filed immediately upon receipt by the clerk of the juvenile court 39 that retained of general jurisdiction. 40 41 (

C) For a nonminor living outside the state of California, the form JV-466 42 and, if the nonminor wishes to keep his or her contact information 43

30 confidential, the form JV-468 must be filed with the juvenile court that 1 retained of general jurisdiction. 2 3

(3) If form JV-466 is filed by the nonminor, within two court days of its filing 4 with the clerk of the court in the county that retained of general jurisdiction, 5 the clerk of that court must notify the placing agency that was supervising the 6 nonminor when juvenile court jurisdiction was terminated that the nonminor 7 has filed form JV-466 and provide the placing agency with the nonminor’s 8 contact information.

The notification must be by telephone, fax, e-mail, or 9 other method approved by the presiding juvenile court judge that will ensure 10 prompt notification and inform the placing agency that a copy of form 11 JV-466 will be served on the agency and that one is currently available in the 12 office of the juvenile court clerk. 13 14 (4)–(5) *** 15 16 (Subd (

c) amended effective July 1, 2012.) 17 18 (

d) Determination of prima facie showing 19 20

(1) Within three court days of the filing of form JV-466 with the clerk of the 21 juvenile court that retained of general jurisdiction, a juvenile court judicial 22 officer must review the form JV-466 and determine whether a prima facie 23 showing has been made that the nonminor meets all of the criteria set forth 24 below in (d)(1)(A)–(

D) and enter an order as set forth in (d)(2) or (d)(3). 25 26 (

A) The nonminor was previously under juvenile court jurisdiction subject 27 to an order for foster care placement when on the date he or she 28 attained 18 years of age; 29 30 (B)–(C) *** 31 32 (

D) The nonminor intends to satisfy at least one of the conditions as 33 described eligibility criteria in

section 11403(b). and set forth below: 34 35 (

i) Complete secondary education or a program leading to an 36 equivalent credential. 37 38 (ii) Enroll in an institution that provides postsecondary or vocational 39 education. 40 41 (iii) Participate in a program or activity designed to promote or 42 remove barriers to employment. 43

31 (iv) Be employed for at least 80 hours per month. 1 2 (

v) Incapable of doing any of the activities described in 3 subparagraphs (

i) to (iv), inclusive, due to a medical condition. 4 5

(2) If the court determines that a prima facie showing has not been made, the 6 court must enter a written order denying the request, listing the issues that 7 resulted in the denial and informing the nonminor that a new form JV-466 8 may be filed when those issues are resolved. 9 10 (

A) The court clerk must serve on the nonminor: 11 12 (i) *** 13 14 (ii) A blank copy of Request to Return to Juvenile Court Jurisdiction 15 and Foster Care (form JV-466) and Confidential Information— 16 Request to Return to Juvenile Court Jurisdiction and Foster 17 Care (form JV-4668); 18 19 (iii) A copy of How to Ask the to Return to Juvenile Court 20 Jurisdiction and Foster Care (form JV-464-INFO); and 21 22 (iv) *** 23 24 (B)–(D) *** 25 26

(3) If the judicial officer determines that a prima facie showing has been made, 27 the judicial officer must issue a written order: 28 29 (A) *** 30 31 (

B) Appointing an attorney to represent the nonminor solely for the sole 32 purpose of the hearing on the request. 33 34 (Subd (

d) amended effective July 1, 2012.) 35 36 (

e) Appointment of attorney 37 38

(1) If the nonminor included on the form JV-466 a request for the appointment of 39 the court-appointed attorney who represented the nonminor during the period 40 of time he or she was a ward or dependent or nonminor dependent, the 41 judicial officer must appoint that attorney solely for the sole purpose of the 42

32 hearing on the request, if the attorney is available to accept such an 1 appointment. 2 3

(2) If the nonminor did not request the appointment of his or her former court- 4 appointed attorney, the judicial officer must appoint an attorney to represent 5 the nonminor solely for the sole purpose of the hearing on the request. The 6 attorney must be selected from the panel or organization of attorneys 7 approved by the court to represent children in juvenile court proceedings. 8 9

(3) In addition to complying with the requirements in (g)(1) for service of notice 10 of the hearing, the juvenile court clerk must notify the attorney of his or her 11 appointment as soon as possible, but no later than one court day from the date 12 the order for his or her appointment was issued under (d)(3). This notification 13 must be made by telephone, fax, e-mail, or other method approved by the 14 presiding juvenile court judge that will ensure prompt notification.

The notice 15 must also include the nonminor’s contact information and inform the attorney 16 that a copy of the form JV-466 will be served on him or her and that one is 17 currently available in the office of the juvenile court clerk. 18 19 (4)–(6) *** 20 21 (Subd (

e) amended effective July 1, 2012.) 22 23 (

f) Setting the hearing 24 25

(1) Within two court days of the issuance of the order directing the court clerk to 26 do so, the court clerk must set a hearing on the juvenile court’s calendar 27 within 15 court days from the date the form JV-466 was filed with the court 28 that retained of general jurisdiction. 29 30 (2) *** 31 32 (Subd (

f) amended effective July 1, 2012.) 33 34 (

g) Notice of hearing 35 36

(1) The juvenile court clerk must serve notice as soon as possible, but no later 37 than five court days before the date the hearing is set, as follows: 38 39 (

A) The notice of the date, time, place, and purpose of the hearing and a 40 copy of the form JV-466 must be served on the nonminor, the 41 nonminor’s attorney, the child welfare services agency, the probation 42 department, or the Indian tribal agency that was supervising the 43

33 nonminor when the juvenile court entered the order retaining general 1 terminated its delinquency, dependency, or transition jurisdiction over 2 the nonminor, and the attorney for the child welfare services agency, 3 the probation department, or the Indian tribe. 4 5 (

B) The notice of the date, time, place, and purpose of the hearing must be 6 served on the nonminor’s parents only if the nonminor included in the 7 form JV-466 a request that notice be provided to his or her parents. 8 9 (

C) The notice of the date, time, place, and purpose of the hearing must be 10 served on the nonminor’s tribal representative if the nonminor is an 11 Indian child and indicated on the form JV-466 his or her choice to have 12 the Indian Child Welfare Act apply to him or her as a nonminor 13 dependent. 14 15 (

D) The notice of the date, time, place, and purpose of the hearing must be 16 served on the local CASA office if the nonminor had a CASA and 17 included on the form JV-466 a request that notice be provided to his or 18 her former CASA. 19 20 (2)–(4) *** 21 22 (Subd (

g) amended effective July 1, 2012.) 23 24 (

h) Reports 25 26

(1) The social worker, probation officer, or Indian tribal agency case worker 27 (tribal case worker) must submit a report to the court that includes: 28 29 (

A) Confirmation that the nonminor was previously under juvenile court 30 jurisdiction subject to an order for foster care placement when he or she 31 attained 18 years of age, that the juvenile court retained general 32 jurisdiction over the nonminor, and that on and after January 1, 2012, 33 the nonminor will not have not attained 19 years of age; or 34 commencing January 1, 2013, he or she will not have attained 20 years 35 of age; or commencing on January 1, 2014, he or she will not have 36 attained 21 years of age; 37 38 (B)–(F) *** 39 40 (2)–(3) *** 41 42 (Subd (

h) amended effective July 1, 2012.) 43

34 1 (

i) Findings and orders 2 3 The court must read and consider, and state on the record that it has read and 4 considered, the report; the supporting documentation submitted by the social 5 worker, probation officer, or tribal case worker; the evidence submitted by the 6 nonminor; and any other evidence. The following judicial findings and orders must 7 be made on the record and included in the written, signed court documentation of 8 the hearing: 9 10

(1) Findings 11 12 (A)–(B) *** 13 14 (

C) Whether the juvenile court retained general jurisdiction over the 15 nonminor; 16 17 (D) (

C) Whether on and after January 1, 2012, the nonminor will not 18 have not attained 19 years of age; or commencing January 1, 2013, he 19 or she will not have attained 20 years of age; or commencing on 20 January 1, 2014, he or she will not have attained 21 years of age; 21 22 (E)(D) *** 23 24 (F)(

E) The condition or conditions under

section 11403(

b) that the 25 nonminor intends to satisfy under

section 11403(b); 26 27 (G)(F) *** 28 29 (H)(G) *** 30 31 (I)(H) *** 32 33

(2) Orders 34 35 (

A) If the court finds that the nonminor comes within the age requirements 36 under (i)(1)(DC), that the juvenile court entered an order retaining 37 general jurisdiction over the nonminor, that the nonminor does intends 38 to satisfy at least one condition under

section 11403(b), and that the 39 nonminor and placing agency have entered into a reentry agreement, 40 the court must: 41 42 (i)–(iii) *** 43

35 1 (iv) Set a nonminor dependent status review hearing under rule 5.903 2 within the next six months; and 3 4 (v) *** 5 6 (

B) If the court finds that the nonminor comes within the age requirements 7 under (i)(1)( DC) and that the juvenile court entered an order retaining 8 general jurisdiction over the nonminor, but the nonminor does not 9 intend to satisfy at least one of the conditions under

section 11403(b) 10 and/or the nonminor and placing agency have not entered into a reentry 11 agreement, the court must: 12 13 (

i) Enter an order denying the request, listing the reasons for the 14 denial, and informing the nonminor that a new form JV-466 may 15 be filed when those circumstances change; 16 17 (ii)–(iii) *** 18 19 (

C) If the court finds that the nonminor does not come within the age 20 requirements under (i)(1)( DC) and/or the juvenile court did not retain 21 general jurisdiction over the nonminor, the court must: 22 23 (i)–(ii) *** 24 25 (3) *** 26 27 (Subd (

i) amended effective July 1, 2012.) 28 29 Rule 5.906 amended effective July 1, 2012; adopted effective January 1, 2012. 30 31 Advisory Committee Comment 32 33 Assembly Bill 12 (Beall; Stats. 2010, ch. 559), known as the California Fostering Connections to 34 Success Act, as amended by and Assembly Bill 212 (Beall; Stats. 2011, ch. 459), implement the 35 federal Fostering Connections to Success and Increasing Adoptions Act, Pub.L. No. 110-351, 36 which provides funding resources to extend the support of the foster care system to children who 37 are still in a foster care placement on their 18th birthday.

Every effort was made in the 38 development of the rules and forms to provide an efficient framework for the implementation of 39 this important and complex legislation. 40 41 The extension of benefits for nonminors up to 18 19 years of age during the first year and for 42 nonminors up to 19 20 years of age during the following year is fully provided for in Assembly 43

36 Bill 12 and does not require further action by the Legislature; however, extension of those 1 benefits to nonminors between 20 and 21 years of age is contingent upon an appropriation by the 2 Legislature. (Welf. & Inst. Code, § 11403(k).) 3 4 Rule 8.485 Application 5 6 (a) *** 7 8 (

b) Writ proceedings not governed 9 10 These rules do not apply to petitions for writs of mandate, certiorari, or prohibition 11 in the appellate division of the superior court under rules 8.930–8.936, petitions for 12 writs of supersedeas under rule 8.116, petitions for writs of habeas corpus except as 13 provided in rule 8.384, or petitions for writs of review under rules 8.495–8.498. 14 15 (Subd (

b) amended effective July 1, 2012.) 16 17 Rule 8.485 amended effective July 1, 2012; adopted effective January 1, 2009. 18 19

Chapter 8. Miscellaneous Writs of Review 20 Title 8, Appellate Rules— Division 1, Rules Relating to the Supreme Court and Courts of Appeal— 21

Chapter 8, Miscellaneous Writs of Review; amended effective July 1,2012; adopted as

chapter 7 22 effective January 1, 2007; amended and renumbered effective January 1, 2009. 23 24 Rule 8.497. Review of California Environmental Quality Act cases under Public 25 Resources Code sections 21178–21189.3 26 27 (

a) Application 28 29

(1) This rule governs actions or proceedings in the Court of Appeal alleging that 30 a public agency has approved or is undertaking an environmental leadership 31 development project in violation of the California Environmental Quality 32 Act. As used in this rule, an “environmental leadership development project” 33 or “leadership project” means a project certified by the Governor under 34 Public Resources Code sections 21182–21184. 35 36

(2) Except as otherwise provided in Public Resources Code sections 21178– 37 21189.3 and this rule, the provisions of the Public Resources Code and the 38 CEQA Guidelines adopted by the Natural Resources Agency (Cal. Code 39 Regs., tit. 14, § 15000 et seq.) governing judicial actions or proceedings to 40 attack, review, set aside, void, or annul acts or decisions of a public agency 41 on the grounds of noncompliance with the California Environmental Quality 42 Act apply in proceedings governed by this rule. 43

37 1 (

b) Service 2 3 Except as otherwise provided by law, all documents that this rule requires be 4 served on the parties must be served by personal delivery, electronic service, 5 express mail, or other means consistent with Code of Civil Procedure sections 6 1010, 1011, 1012, and 1013 and reasonably calculated to ensure delivery of the 7 document to the parties not later than the close of the business day after the 8 document is filed or lodged with the court. 9 10 (

c) Petition 11 12

(1) Service and filing 13 14 A person alleging that a public agency has approved or is undertaking a 15 leadership project in violation of the California Environmental Quality Act 16 must serve and file a petition for a writ of mandate in the Court of Appeal 17 with geographic jurisdiction over the project. 18 19

(2) Form and contents 20 21 In addition to any other applicable requirements, the petition must: 22 23 (

A) State that the project at issue was certified by the Governor as a 24 leadership project under Public Resources Code sections 21182–21184 25 and is subject to this rule; 26 27 (

B) Provide notice that the person or entity that applied for certification of 28 the project as a leadership project must make the payments required by 29 (h); 30 31 (

C) Include any other claims required to be concurrently filed by the 32 petitioner under Public Resources Code

section 21185; and 33 34 (

D) Be verified. 35 36 (

d) Administrative record 37 38

(1) Lodging and service 39 40 Within 10 days after the petition is served on the lead public agency, that 41 agency must lodge the certified final administrative record with the Court of 42

38 Appeal and serve on the parties a copy of the certified final administrative 1 record and notice that the record has been lodged with the court. 2 3

(2) Form and contents 4 5 (

A) Unless otherwise ordered by the Court of Appeal, the lead agency must 6 lodge with the court one copy of the record in electronic format and one 7 copy in paper format and serve on each party one copy of the record in 8 electronic format. The record in electronic format must comply with 9 rules 3.1365 and 3.1367. The record in paper format must comply with 10 rules 3.1365 and 3.1368. 11 12 (

B) A party may request the record in paper format and pay the reasonable 13 cost or show good cause for a court order requiring the lead agency to 14 serve the requesting party with one copy of the record in paper format. 15 16 (

C) The record must include all of the materials specified in Public 17 Resources Code

section 21167.6. 18 19

(3) Motions regarding the record 20 21 (

A) Any request to augment or otherwise change the contents of the 22 administrative record must be made by motion in the Court of Appeal. 23 The motion must be served and filed within 25 days after the record is 24 served. 25 26 (

B) Any opposition or other response to the motion must be served and 27 filed within 10 days after the motion is filed. 28 29 (

C) The Court of Appeal may appoint a special master to hear and decide 30 any motion regarding the record. The order appointing the special 31 master may specify the time within which the special master is required 32 to file a decision. 33 34 (

e) Notice of settlement 35 36 The petitioner must immediately notify the court if the case is settled. 37 38 (

f) Response to petition 39 40

(1) Within 25 days after service of the administrative record or within the time 41 ordered by the court, the respondent and any real party in interest must serve 42 and file any answer to the petition; any motion challenging the sufficiency of 43

39 the petition, including any motion to dismiss the petition; and any other 1 response to the petition. Any such answer, motion, or other response from the 2 same party must be filed concurrently. 3 4

(2) Any opposition or other response to a motion challenging the sufficiency of 5 the petition must be served and filed within 10 days after the motion is filed. 6 7 (

g) Briefs 8 9

(1) Service and filing 10 11 Unless otherwise ordered by the court: 12 13 (

A) The petitioner must serve and file its brief within 40 days after the 14 administrative record is served. 15 16 (

B) Within 30 days after the petitioner’s brief is filed, the respondent public 17 agency must— and any real party in interest may— serve and file a 18 respondent’s brief. 19 20 (

C) Within 20 days after the respondent’s brief is filed, the petitioner may 21 serve and file a reply brief. 22 23

(2) Form and contents 24 25 The briefs must comply as nearly as possible with rule 8.204. 26 27 (

h) Certificate of Interested Entities or Persons 28 29

(1) Each party other than a public agency must comply with the requirements of 30 rule 8.208 concerning serving and filing a Certificate of Interested Entities or 31 Persons. 32 33

(2) The petitioner’s certificate must be included in the petition. Other parties 34 must include their certificate in their brief, or if the party files an answer or 35 other response to the petition, a motion, an application, or an opposition to a 36 motion or application in the Court of Appeal before filing its brief, the party 37 must serve and file its certificate at the time it files the first answer, response, 38 motion, application, or opposition. The certificate must appear after the cover 39 and before any tables. 40 41

(3) If a party fails to file a certificate as required under (1) and (2), the clerk must 42 notify the party by mail that the party must file the certificate within 10 days 43

40 after the clerk’s notice is mailed and that failure to comply will result in one 1 of the following sanctions: 2 3 (

A) If the party is the petitioner, the court will strike the petition; or 4 5 (

B) If the party is the real party in interest, the court will strike the 6 document. 7 8

(4) If the party fails to comply with the notice under (3), the court may impose 9 the sanctions specified in the notice. 10 11 (

i) Court costs 12 13

(1) In fulfillment of the provision in Public Resources Code

section 21183 14 regarding payment of the Court of Appeal’s costs: 15 16 (

A) Within 10 days after service of the petition on the real party in interest, 17 the person who applied for certification of the project as a leadership 18 project must pay a fee of $100,000 to the Court of Appeal. 19 20 (

B) If the Court of Appeal incurs any of the following costs, the person 21 who applied for certification of the project as a leadership project must 22 also pay, within 10 days of being ordered by the court, the following 23 costs or estimated costs: 24 25 (

i) The costs of any special master appointed by the Court of Appeal 26 in the case; and 27 28 (ii) The costs of any contract personnel retained by the Court of 29 Appeal to work on the case. 30 31

(2) If the fee or costs under (1) are not timely paid, the Court of Appeal may 32 transfer the case to the superior court with geographic jurisdiction over the 33 project, and the case will proceed under the procedures applicable to projects 34 that have not been certified as leadership projects. 35 36 (

j) Extensions of time 37 38 The court may order extensions of time only for good cause and in order to 39 promote the interests of justice. 40 41 Rule 8.497 adopted effective July 1, 2012. 42 43

41 Advisory Committee Comment 1 2 Subdivision (b). This provision does not apply to service of the petition on the respondent public 3 agency or real party in interest because the method of service on these parties is set by Public 4 Resources Code sections 21167.6 and 21167.6.5. 5 6 Subdivision (c). Under this provision, a proceeding in the Court of Appeal is initiated by serving 7 and filing a petition for a writ of mandate as provided in rule 8.25, not by filing a complaint and 8 serving a summons and the complaint. 9 10 Subdivision (d)(3)(C). Public Resources Code

section 21185 provides that the court may appoint 11 a master to assist the court in managing and processing cases subject to this rule. Appointment of 12 a special master to hear and decide motions regarding the record is just one example of when a 13 court might make such an appointment. 14 15 Subdivision (f). A party other than the petitioner who files an answer, motion, or other response 16 to a petition under (

e) may be required to pay a filing fee under Government Code

section 68926 17 if the answer, motion, or other response is the first document filed in the proceeding in the 18 reviewing court by that party. See rule 8.25(c). 19 20 Subdivision (g). On application of the parties or on its own motion, the court may set different 21 briefing periods. For example, if a motion to augment or otherwise modify the contents of the 22 record is filed, the court might order that petitioner’s brief be filed within a specified time after 23 that motion is decided. 24 25 Rule 8.499. Filing, modification, and finality of decision; remittitur 26 27 (a)–(b) *** 28 29 (

c) Finality of decision 30 31

(1) A court’s denial of a petition for a writ under this

chapter rule 8.495, 8.496, 32 or 8.498 without issuance of a writ of review is final in that court when filed. 33 34 (2) *** 35 36

(3) If necessary to prevent mootness or frustration of the relief granted or to 37 otherwise promote the interests of justice, the court may order early finality 38 in that court of a decision granting a petition for a writ under this

chapter or, 39 except as provided in (1), a decision denying such a petition after issuing a 40 writ of review. The decision may provide for finality in that court on filing or 41 within a stated period of less than 30 days. 42 43

42 (4)–(5) *** 1 2 (Subd (

c) amended effective July 1, 2012; adopted effective January 1, 2011.) 3 4 (

d) Remittitur 5 6 A Court of Appeal must issue a remittitur in a writ proceeding under this

chapter 7 except when the court denies the petition under rule 8.495, 8.496, or 8.498 without 8 issuing a writ of review. Rule 8.272(b)–(

d) governs issuance of a remittitur in writ 9 proceedings under this chapter. 10 11 (Subd (

d) amended effective July 1, 2012; adopted as unlettered subd; previously lettered 12 and amended effective January 1, 2011) 13 14 Rule 8.499 amended effective July 1, 2012; adopted effective January 1, 2008; previously 15 amended effective January 1, 2011. 16 17