AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on April 15, 2016, effective on July 1, 2016 Rule 2.257. Requirements for signatures on documents................................................................ 2 Rule 2.895. Requests for Interpreters ............................................................................................ 2 Rule 3.1545. Expedited jury trials ................................................................................................. 3 Former rule 3.1546.

Renumbered effective July 1, 2016 .............................................................. 4 Rule 3.1546. Pretrial procedures for mandatory expedited jury trials ........................................... 4 Rule 3.1548. Pretrial submissions for voluntary expedited jury trials ........................................... 6 Rule 3.1549 Voir dire .................................................................................................................... 8 Rule 3.1550.

Time limits ............................................................................................................... 8 Rule 3.1551. Case presentation ...................................................................................................... 8 Rule 3.1552. Presentation of evidence ........................................................................................... 9 Rule 3.1553.3.1546. Assignment of judicial officers .................................................................... 9 Rule 5.94.

Order shortening time; other filing requirements; request to continue hearing and extend temporary emergency (ex parte) orders ..................................................................... 9 Rule 5.130. Request for Special Immigrant Juvenile Findings ................................................... 12 Rule 5.524. Form of petition; notice of hearing ............................................................................ 15 Rule 5.534. General provisions—all proceedings ....................................................................... 16 Rule 5.550.

Continuances ............................................................................................................ 16 Rule 5.630. Restraining orders..................................................................................................... 17 Rule 5.640. Psychotropic medications ......................................................................................... 17 Rule 5.664.

Training requirements for children’s counsel in delinquency proceedings (§ 634.3) ..................................................................................................................................... 26 Rule 5.708. General review hearing requirements ........................................................................ 29 Rule 5.815. Appointment of legal guardians for wards of the juvenile court; modification or termination of guardianship ................................................................................................... 30 Rule 5.830.

Sealing records (§ 781)............................................................................................. 30 Rule 5.840. Dismissal of petition and sealing of records (§ 786) ................................................ 33 Rule 7.1002. Acknowledgment of receipt of Duties of Guardian ............................................... 34 Rule 7.1002.5 Guardianship of ward 18 to 20 years of age ......................................................... 34 Rule 7.1004. Termination of guardianship .................................................................................. 35 Rule 7.1013.

Change of ward’s residence ................................................................................... 36 Rule 7.1020. Special Immigrant Juvenile Findings in Guardianship Proceedings ...................... 36 Rule 10.67. Judicial Branch Workers’ Compensation Program Advisory Committee ............... 37

2 Rule 2.257. Requirements for signatures on documents 1 2 (

a) Documents signed under penalty of perjury 3 4 When a document to be filed electronically provides for a signature under penalty 5 of perjury, the following applies: 6 7 (1) * * * 8 9

(2) By electronically filing the document, the electronic filer certifies that (1) has 10 been complied with and that the original, signed document is available for 11 inspection and copying at the request of the court or any other party. Local 12 child support agencies may maintain original, signed pleadings by way of an 13 electronic copy in the statewide automated child support system and must 14 maintain them only for the period of time stated in Government Code

section 15 68152(a). If the local child support agency maintains an electronic copy of 16 the original, signed pleading in the statewide automated child support system, 17 it may destroy the paper original. 18 19 (3)–(5) * * * 20 21 (Subd (

a) amended effective July 1, 2016; previously amended effective January 1, 2007.) 22 23 (b)–(e) * * * 24 25 Rule 2.257 amended effective July 1, 2016; adopted as rule 2057 effective January 1, 2003; 26 previously amended and renumbered effective January 1, 2007; previously amended effective 27 January 1, 2008. 28 29 Rule 2.895. Requests for interpreters 30 31 (

a) Publish procedures 32 33 Each court must publish procedures for filing, processing, and responding to 34 requests for interpreters consistent with the Strategic Plan for Language Access in 35 the California Courts (adopted January 2015). Each court must publish notice of 36 these procedures in English and up to five other languages, based on local 37 community needs. 38 39 (

b) Track requests 40 41

3 Each court must track all requests for language services and whether such services 1 were provided. Tracking must include all requests for court interpreters in civil 2 actions, as well as approvals and denials of such requests. 3 4 (

c) Notify court if represented party will not be appearing 5 6 If a party who has requested an interpreter for herself or himself is represented by 7 counsel, the attorney must notify the court in advance whenever the party will not 8 be appearing at a noticed proceeding. 9 10 Rule 2.895 adopted effective July 1, 2016. 11 12 Advisory Committee Comment 13 14 The Request for Interpreter (Civil) (form INT-300) is concurrently adopted as a model form that 15 will become an optional form, effective January 1, 2018.

Until that time, the form can serve as a 16 model that courts may use as part of their procedures, as required under this rule. 17 18 This rule shall not be construed in a way that conflicts with Evidence Code

section 756. 19 20 Subdivision (a). “Local community needs” is described in recommendation 5 of the Strategic 21 Plan for Language Access in the California Courts (adopted January 2015). 22 23 Subdivision (b). The committee recommends electronic processing of civil interpreter requests to 24 aid the court in data collection about the provision or denial of language services. 25 26

Chapter 4.5. Expedited Jury Trials 27 28

Article 1. Applicability 29 30 Rule 3.1545. Expedited jury trials 31 32 (

a) Application 33 34 The rules in this

chapter apply to civil actions in which the parties either: 35 36

(1) Agree to an a voluntary expedited jury trial under

chapter 4.5 (commencing 37 with

section 630.01) of title 8 of

part 2 of the Code of Civil Procedure, or 38 39

(2) Are required to take

part in an expedited jury trial under

chapter 4.6 40 (commencing with

section 630.20) of title 8 of

part 2 of the Code of Civil 41 Procedure. 42 43

4 (Subd (

a) amended effective July 1, 2016.) 1 2 (

b) Definitions 3 4 As used in this chapter, unless the context or subject matter otherwise requires: 5 6 (1) * * * 7 8 (2) “Expedited jury trial” is a short jury trial before a reduced jury panel, and 9 may be either a “mandatory expedited jury trial” or “voluntary expedited jury 10 trial”. 11 12 (3) “Mandatory expedited jury trial” has the same meaning as stated in Code of 13 Civil Procedure

section 630.21. 14 15 (4) “Voluntary expedited jury trial” has the same meaning as stated for 16 “expedited jury trial” in Code of Civil Procedure

section 630.01. 17 18 (5) “Expedited jury trial” “High/low agreement” and “posttrial motions” have the 19 same meanings as stated in Code of Civil Procedure

section 630.01. 20 21 (Subd (

b) amended effective July 1, 2016.) 22 23 (c) * * * 24 25 Rule 3.1545 amended effective July 1, 2016; adopted effective January 1, 2011. 26 27

Article 2. Rules Applicable Only to Cases with Mandatory Expedited Jury Trials 28 29 Former rule 3.1546. Renumbered effective July 1, 2016 30 Rule 3.1546 renumbered as rule 3.1553. 31 32 Rule 3.1546. Pretrial procedures for mandatory expedited jury trials 33 34 (

a) Pretrial procedures 35 36 The pretrial procedures for limited civil actions set out in Code of Civil Procedure 37 sections 90–100 are applicable to all cases with mandatory expedited jury trials. 38 The statutory procedures include limited discovery, optional case questionnaires, 39 optional requests for pretrial statements identifying trial witnesses and exhibits, and 40 the possibility of presenting testimony in the form of affidavits or declarations. 41 42

5 (

b) Case management 1 2 The case management rules in

chapter 3 of division 7 of these rules, starting at rule 3 3.720, are applicable to all cases with mandatory expedited jury trials, except to the 4 extent the rules have been modified by local court rules applicable to limited civil 5 cases. 6 7 (

c) Opting out of mandatory expedited jury trial procedures 8 9

(1) Parties seeking to opt out of mandatory expedited jury trial procedures on 10 grounds stated in Code of Civil Procedure

section 630.20(

b) must file a Request 11 to Opt Out of Mandatory Expedited Jury Trial Procedures (form EJT-003). 12 13

(2) Except on a showing of good cause, the request to opt out must be served and 14 filed at least 45 days before the date first set for trial or, in cases in which the 15 date first set for trial occurred before July 1, 2016, 45 days before the first trial 16 date after July 1, 2016. 17 18

(3) Except on a showing of good cause, any objection to the request must be served 19 and filed within 15 days after the date of service of the request, on an 20 Opposition to Request to Opt Out of Mandatory Expedited Jury Trial 21 Procedures (form EJT-004). 22 23

(4) If the grounds on which a party or parties have opted out of mandatory 24 expedited jury trial procedures no longer apply to a case, the parties must 25 promptly inform the court, and the case may be tried as a mandatory expedited 26 jury trial. 27 28 (

d) Agreements regarding pretrial and trial procedures 29 30 Parties are encouraged to agree to procedures or limitations on pretrial procedures 31 and on presentation of information at trial that could streamline the case, including 32 but not limited to those items described in rule 3.1547(b). The parties may use 33 Agreement of Parties (Mandatory Expedited Jury Trial Procedures) (form EJT-34 018) and the attachment (form EJT-022A) to describe such agreements. 35 36 Rule 3.1546 adopted effective July 1, 2016. 37 38 Advisory Committee Comment 39 40 Because Code of Civil Procedure

section 630.20, which becomes operative July 1, 2016, applies 41 to cases already on file and possibly already set for trial, as well as cases filed after the statutory 42 provisions go into effect, the deadlines in rule 3.1546(

c) for opt outs and objections may be 43 problematic as applied to cases set for trial within the first couple of months after the rule goes 44

6 into effect. It is expected that the good cause provisions within the rules regarding deadlines, 1 along with judicious use of continuances as appropriate, will be liberally used to permit courts to 2 manage those cases fairly, appropriately, and efficiently. 3 4

Article 3. Rules Applicable Only to Cases with Voluntary Expedited Jury Trials 5 6 Rule 3.1547. Consent order for voluntary expedited jury trial 7 8 (

a) Submitting proposed consent order to the court 9 10

(1) Unless the court otherwise allows, to be eligible to participate in an a 11 voluntary expedited jury trial, the parties must submit to the court, no later 12 than 30 days before any assigned trial date, a proposed consent order granting 13 an expedited jury trial. 14 15 (2) * * * 16 17 (Subd (

a) amended effective July 1, 2016.) 18 19 (

b) Optional content of proposed consent order 20 21 In addition to complying with the provisions of Code of Civil Procedure

section 22 630.03(e), the proposed consent order may include other agreements of the parties, 23 including the following: 24 25

(1) Modifications of the requirements or timelines for pretrial submissions 26 required by rule 3.1548; 27 28 (2)–(3) * * * 29 30

(4) Allocation of the time periods stated in rule 3.1550 including how arguments 31 and cross-examination may be used by each party in the three five-hour time 32 frame; 33 34 (5)–(12) * * * 35 36 (Subd (

b) amended effective July 1, 2016.) 37 38 Rule 3.1547 amended effective July 1, 2016; adopted effective January 1, 2011. 39 40 Rule 3.1548. Pretrial submissions for voluntary expedited jury trials 41 42

7 (a) * * * 1 2 (

b) Pretrial exchange for voluntary expedited jury trials 3 4 Unless otherwise agreed by the parties, no later than 25 days before trial, each party 5 must serve on all other parties the following: 6 7 (1)–(10) * * * 8 9 (Subd (

b) amended effective July 1, 2016.) 10 11 (

c) Supplemental exchange for voluntary expedited jury trials 12 13 * * * 14 15 (Subd (

c) amended effective July 1, 2016.) 16 17 (

d) Submissions to court for voluntary expedited jury trials 18 19 * * * 20 21 (Subd (

d) amended effective July 1, 2016.) 22 23 (e) * * * 24 25 (

f) Pretrial conference for voluntary expedited jury trials 26 27 No later than 15 days before trial, unless that period is modified by the consent 28 order, the judicial officer assigned to the case must conduct a pretrial conference, at 29 which time objections to any documentary evidence previously submitted will be 30 ruled on. If there are no objections at that time, counsel must stipulate in writing to 31 the admissibility of the evidence. Matters to be addressed at the pretrial conference, 32 in addition to the evidentiary objections, include the following: 33 34 (1)–(9) * * * 35 36

(10) Allocation of time for each party’s case; and 37 38

(11) Motions in limine filed before the pretrial conference; and 39 40

(12) The parties’ intention on how any high/low agreement will affect an award of 41 fees and costs. 42 43

8 (Subd (

f) amended effective July 1, 2016.) 1 2 (g) * * * 3 4 Rule 3.1548 amended effective July 1, 2016; adopted effective January 1, 2011. 5 6

Article 4. Rules Applicable to All Expedited Jury Trials 7 8 Rule 3.1549. Voir dire 9 10 Approximately one hour will be devoted to voir dire, with 15 minutes allotted to the 11 judicial officer and 15 minutes to each side. Parties are encouraged to submit a joint form 12 questionnaire to be used with prospective jurors to help expedite the voir dire process. 13 14 Rule 3.1549 amended effective July 1, 2016; adopted effective January 1, 2011. 15 16 Rule 3.1550.

Time limits 17 18 Excluding Including jury selection voir dire, each side will be allowed three five hours to 19 present its case, including opening statements and closing arguments, unless the court, 20 upon a finding of good cause, allows additional time. The amount of time allotted for 21 each side includes the time that the side spends on cross-examination. The parties are 22 encouraged to streamline the trial process by limiting the number of live witnesses.

The 23 goal is to complete an expedited jury trial within one full two trial days. 24 25 Rule 3.1550 amended effective July 1, 2016; adopted effective January 1, 2011. 26 27 Rule 3.1551. Case presentation 28 29 (a) * * * 30 31 (

b) Exchange of items 32 33 Anything to be submitted to the jury under (

a) as part of the evidentiary 34 presentation of the case in chief must be exchanged 20 days in advance of the trial, 35 unless that period is modified by the consent order or agreement of the parties. This 36 rule does not apply to items to be used solely for closing argument. 37 38 (Subd (

b) amended effective July 1, 2016.) 39 40 (c) * * * 41 42 Rule 3.1551 amended effective July 1, 2016; adopted effective January 1, 2011. 43

9 1 Rule 3.1552. Presentation of evidence 2 3 (

a) Stipulations regarding rules of evidence 4 5 The parties may offer such evidence as is relevant and material to the dispute. An 6 agreement to modify the rules of evidence for the trial made pursuant to the 7 expedited jury trial statutes commencing with Code of Civil Procedure

section 8 630.01 may be included in the consent order or agreement of the parties. To the 9 extent feasible, the parties should stipulate to modes and methods of presentation 10 that will expedite the process, either in the consent order or at the pretrial 11 conference. 12 13 (Subd (

a) amended effective July 1, 2016.) 14 15 (b) * * * 16 17 Rule 3.1552 amended effective July 1, 2016; adopted effective January 1, 2011. 18 19 Rule 3.1553.3.1546. Assignment of judicial officers 20 21 The presiding judge is responsible for the assignment of a judicial officer to conduct an 22 expedited jury trial. The presiding judge may assign a temporary judge appointed by the 23 court under rules 2.810–2.819 to conduct an expedited jury trial.

A temporary judge 24 requested by the parties under rules 2.830–2.835, whether or not privately compensated, 25 may not be appointed to conduct an a voluntary expedited jury trial. 26 27 Rule 3.1553 amended and renumbered effective July 1, 2016; adopted as rule 3.1546 effective 28 January 1, 2011. 29 30 Rule 5.94. Order shortening time; other filing requirements; request to continue 31 hearing and extend temporary emergency (ex parte) orders 32 33 (a)–(b) * * * 34 35 (c)(

d) Filing of late papers 36 37 No moving or responding papers relating to a request for order or responsive 38 declaration to the request may be rejected for filing on the ground that it was they 39 were untimely submitted for filing. If the court, in its discretion, refuses to consider 40 a late filed paper, the minutes or order must so indicate. 41 42 (Subd (

c) amended and relettered effective July 1, 2016; adopted as subd (d).) 43

10 1 (d)(

e) Computation of Timely submission to court clerk 2 3 Moving The papers requesting an order or responding to the request papers are 4 deemed timely filed if they are submitted: before the close of the clerk’s office to 5 the public on the day that the paper is due is deemed timely filed. 6 7

(1) Before the close of the court clerk’s office to the public; and 8 9

(2) On or before the day the papers are due. 10 11 (Subd (

d) amended and relettered effective July 1, 2016; adopted as subd (e).) 12 13 (e)(

c) Failure to timely serve moving papers request for order and temporary 14 emergency (ex parte) orders 15 16 If a Request for Order (FL-300) is not timely served on the opposing party, the 17 moving party must notify the court as soon as possible before the date assigned for 18 the court hearing and request a new hearing date to allow additional time to serve 19 the Request for Order (FL-300) and supporting documents. 20 21 The moving party must also request that the court reissue the Request for Order 22 (FL-300) and any temporary orders.

To do so, the moving party must complete and 23 submit to the court an Application and Order for Reissuance of Request for Order 24 (form FL-306). 25 26 The Request for Order (form FL-300) and Temporary Emergency (Ex Parte) 27 Orders (form FL-305) will expire on the date and time of the scheduled hearing if 28 the requesting party fails to: 29 30

(1) Have the other party timely served before the hearing with the Request for 31 Order (form FL-300), supporting documents, and any orders issued on 32 Temporary Emergency (Ex Parte) Orders (form FL-305); or 33 34

(2) Obtain a court order to continue the hearing. 35 36 (Subd (

e) amended and relettered effective July 1, 2016; adopted as subd (c).) 37 38 (

f) Procedures to request continued hearing date and extension of temporary 39 emergency (ex parte) orders 40 41

(1) If a Request for Order (form FL-300) that includes temporary emergency 42 orders is not timely served on the other party before the date of the hearing, 43

11 and the party granted the temporary emergency (ex parte) orders wishes to 1 proceed with the request, he or she must ask the court to continue the hearing 2 date. On a showing of good cause, or on its own motion, the court may: 3 4 (

A) Continue the hearing and extend the expiration date of the temporary 5 emergency orders until the end of the continued hearing or to another 6 date ordered by the court. 7 8 (

B) Modify the temporary emergency (ex parte) orders. 9 10 (

C) Terminate the temporary emergency (ex parte) orders. 11 12

(2) The party served with a Request for Order (form FL-300) that includes 13 temporary emergency (ex parte) orders: 14 15 (

A) Is entitled to one continuance for a reasonable period of time to respond 16 and, thereafter, to a continuance based on a showing of good cause. 17 18 (

B) Must file and serve a Responsive Declaration to Request for Order 19 (form FL-320) as required by the court order. 20 21

(3) The following procedures apply to either party’s request to continue the 22 hearing: 23 24 (

A) The party asking for the continuance must complete and submit an 25 original Request and Order to Continue Hearing and Extend 26 Temporary Emergency (Ex Parte) Orders (form FL-306) with two 27 copies for the court to review, as follows: 28 29 (

i) The form should be submitted to the court no later than five 30 court days before the hearing date originally set on the Request 31 for Order. 32 33 (ii) The party may present the form to the court at the hearing of the 34 Request for Order. 35 36 (iii) The party who makes an oral request to the court on the date of 37 the hearing is also required to complete and submit form FL -38 306 if the court grants the request. 39 40 (

B) After the court signs and files form FL-306, a filed copy must be served 41 on the other party, unless the court orders otherwise. If the continuance 42 is granted: 43 44

12 (

i) Before the other party is served with notice of the hearing and 1 temporary emergency (ex parte) orders, then form FL-306 must 2 be attached as the cover page and served along with the Request 3 for Order (form FL-300), the original or modified temporary 4 emergency (ex parte) orders, and supporting documents. 5 6 (ii) To the responding party, and the party who asked for the 7 temporary emergency order was absent when the continuance 8 was granted, then form FL-306 must be attached as the cover 9 page to any documents the court orders served on that party. 10 11 (iii) Service must be in the manner required by rule 5.92 or as 12 ordered by the court. 13 14 (

C) If the Request and Order to Continue Hearing and Extend Temporary 15 Emergency (Ex Parte) Orders (form FL-306), Request for Order (FL -16 300), original or modified temporary emergency order, and supporting 17 documents are not timely served on the other party, and the requesting 18 party wishes to proceed with the hearing, he or she must repeat the 19 procedures in this rule. 20 21 (Subd (

f) adopted effective July 1, 2016.) 22 23 Rule 5.94 amended effective July 1, 2016; adopted effective January 1, 2013. 24 25

Chapter 6. Request for Court Orders 26 27

Article 6. Special Immigrant Juvenile Findings 28 29 Rule 5.130. Request for Special Immigrant Juvenile findings 30 31 (

a) Application 32 33 This rule applies to a request by or on behalf of a minor child who is a party or the 34 child of a party in a proceeding under the Family Code for the judicial findings 35 needed as a basis for filing a federal petition for classification as a Special 36 Immigrant Juvenile (SIJ). This rule also applies to an opposition to such a request, 37 a hearing on such a request or opposition, and judicial findings in response to such 38 a request. 39 40 (

b) Request for findings 41 42

13 Unless otherwise required by law or this rule, the rules in this

chapter governing a 1 request for court orders in family law proceedings also apply to a request for SIJ 2 findings in those proceedings. 3 4

(1) Who may file 5 6 Any person—including the child’s parent, the child if authorized by statute, 7 the child’s guardian ad litem, or an attorney appointed to represent the 8 child—authorized by the Family Code to file a petition, response, request for 9 order, or responsive declaration to a request for order in a proceeding to 10 determine custody of a child may file a request for SIJ findings with respect 11 to that child. 12 13

(2) Form of request 14 15 A request for SIJ findings must be made using Confidential Request for 16 Special Immigrant Juvenile Findings—Family Law (form FL-356). The 17 completed form may be filed in any proceeding under the Family Code in 18 which a party is requesting sole physical custody of the child who is the 19 subject of the requested findings: 20 21 (

A) At the same time as, or any time after, the petition or response; 22 23 (

B) At the same time as, or any time after, a Request for Order (form FL-24 300) or a Responsive Declaration to Request for Order (form FL-320) 25 requesting sole physical custody of the child; or 26 27 (

C) In an initial action under the Domestic Violence Prevention Act, at the 28 same time as, or any time after, a Request for Domestic Violence 29 Restraining Order (Domestic Violence Prevention) (form DV-100) or 30 Response to Request for Domestic Violence Restraining Order 31 (Domestic Violence Prevention) (form DV-120) requesting sole 32 physical custody of the child. 33 34

(3) Separate filing 35 36 A request on form FL-356 filed at the same time as any of the papers in (A), 37 (B), or (

C) must be filed separately from, and not as an attachment to, that 38 paper. 39 40

(4) Separate form for each child 41 42

14 A separate form FL-356 must be filed for each child for whom SIJ findings 1 are requested. 2 3 (

c) Notice of hearing 4 5 Notice of a hearing on a request for SIJ findings must be served with a copy of the 6 request and all supporting papers in the appropriate manner specified in rule 7 5.92(a)(6)(A)–(

C) on the following persons: 8 9

(1) All parties to the underlying family law case; 10 11

(2) All alleged, biological, and presumed parents of the child who is the subject 12 of the request; and 13 14

(3) Any other person who has physical custody or is likely to claim a right to 15 physical custody of the child who is the subject of the request. 16 17 (

d) Response to request 18 19 Any person entitled under (

c) to notice of a request for SIJ findings with respect to 20 a child may file and serve a response to such a request using Confidential Response 21 to Request for Special Immigrant Juvenile Findings (form FL-358). 22 23 (

e) Hearing on request 24 25 To obtain a hearing on a request for SIJ findings, a person must file and serve a 26 Confidential Request for Special Immigrant Juvenile Findings—Family Law (form 27 FL-356) for each child who is the subject of such a request. 28 29

(1) A request for SIJ findings and a request for an order of sole physical custody 30 of the same child may be heard and determined together. 31 32

(2) The court may consolidate into one hearing separate requests for SIJ findings 33 for more than one sibling or half sibling named in the same family law case 34 or in separate family law cases. 35 36

(3) If custody proceedings relating to siblings or half siblings are pending in 37 multiple departments of a single court or in the courts of more than one 38 California county, the departments or courts may communicate about 39 consolidation consistent with the procedures and limits in Family Code 40

section 3410(b)–(e). 41 42

15 (

f) Separate findings for each child 1 2 The court must make separate SIJ findings with respect to each child for whom a 3 request is made, and the clerk must issue a separate Special Immigrant Juvenile 4 Findings (form FL-357) for each child with respect to whom the court makes SIJ 5 findings. 6 7 (

g) Confidentiality (Code Civ. Proc., § 155(c)) 8 9 The forms Confidential Request for Special Immigrant Juvenile Findings—Family 10 Law (form FL-356), Confidential Response to Request for Special Immigrant 11 Juvenile Findings (form FL-358), and Special Immigrant Juvenile Findings (form 12 FL-357) must be kept in a confidential part of the case file or, alternatively, in a 13 separate, confidential file. Any information regarding the child’s immigration status 14 contained in a record related to a request for SIJ findings kept in the public part of 15 the file must be redacted to prevent its inspection by any person not authorized 16 under Code of Civil Procedure

section 155(c). 17 18 Rule 5.130 adopted effective July 1, 2016. 19 20 Rule 5.524. Form of petition; notice of hearing 21 22 (a)–(d) * * * 23 24 (

e) Notice of hearing—dependency (§§ 290.1, 290.2, 297, 338) 25 26

(1) When the petition is filed, the probation officer or social worker must serve a 27 notice of hearing under

section 290.1, with a copy of the petition attached. 28 On filing of the petition, the clerk must issue and serve notice as prescribed in 29

section 290.2, along with a copy of the petition. CASA volunteers are entitled 30 to the same notice as stated in sections 290.1 and 290.2. 31 32

(2) If the county and the court choose to allow notice by electronic mail of 33 hearings under sections 290.1–295, the court must develop a process for 34 obtaining consent from persons entitled to notice that complies with the 35 notice statute and ensures that notice can be effectuated according to statutory 36 timelines. 37 38 (Subd (

e) amended effective July 1, 2016; adopted as subd (d); previously amended and 39 relettered effective January 1, 2006; previously amended effective January 1, 2007.) 40 41 (f)–(h) * * * 42 43

16 Rule 5.524 amended effective July 1, 2016; adopted as rule 1407 effective January 1, 1991; 1 previously amended effective January 1, 1992, January 1, 1995, January 1, 2001, and January 1, 2 2006; previously amended and renumbered as rule 5.524 effective January 1, 2007. 3 4 Rule 5.534. General provisions—all proceedings 5 6 (a)–(l) * * * 7 8 (

m) Address of parent or guardian—notice (§ 316.1) 9 10 At the first appearance by a parent or guardian in proceedings under

section 300 et 11 seq., the court must order each parent or guardian to provide a mailing address. 12 13 (1)–(3) * * * 14 15

(4) If the county and the court allow notice of hearings under sections 290.1–295 16 by electronic mail, persons who are entitled to notice and who want to 17 receive notice of hearings by electronic mail must indicate their consent by 18 filing E-Mail Notice of Hearing: Consent, Withdrawal of Consent, Address 19 Change (Juvenile Dependency) (form EFS-005-JV/JV-141). 20 21 (Subd (

m) amended effective July 1, 2016; adopted as subd (

k) effective January 1, 1994; 22 previously relettered as subd (

l) effective January 1, 1997; previously amended effective 23 July 1, 2002, and January 1, 2007; previously relettered as subd (

m) effective January 1, 24 2008.) 25 26 (n)–(p) * * * 27 28 Rule 5.534 amended effective July 1, 2016; adopted as rule 1412 effective January 1, 1991; 29 previously amended and renumbered as rule 5.534 effective January 1, 2007; previously 30 amended effective January 1, 1994, July 1, 1995, January 1, 1997, January 1, 2000, July 1, 2002, 31 January 1, 2005, October 1, 2007, January 1, 2008, January 1, 2010, January 1, 2011, January 32 1, 2014, and January 1, 2016. 33 34 Rule 5.550. Continuances 35 36 (

a) Cases petitioned under

section 300 (§§ 316.2, 352, 354) 37 38 (1)–(5) * * * 39 40

(6) Failure of an alleged father to return a certified mail receipt of notice as 41 described in rule 5.667 does not, in and of itself, constitute good cause to 42 continue a hearing. 43

17 1 (Subd (

a) amended effective July 1, 2016; previously amended effective January 1, 1999, 2 July 1, 2002, and January 1, 2007.) 3 4 (b)–(c) * * * 5 6 Rule 5.550 amended effective July 1, 2016; adopted effective January 1, 1991; previously 7 amended effective January 1, 1998, January 1, 1999, and July 1, 2002; previously amended and 8 renumbered as rule 5.550 effective January 1, 2007. 9 10 Rule 5.630. Restraining orders 11 12 (a)–(d) * * * 13 14 (

e) ReissuanceContinuance 15 16

(1) The court may, on its own motion or the filing of a declaration by the person 17 seeking the restraining order, find that the person to be restrained could not 18 be served within the time required by the law and reissue an order previously 19 issued and dissolved by the court for failure to serve the person to be 20 restrained. The court may grant a continuance under Welfare and Institutions 21 Code

section 213.5. 22 23

(2) The reissued order must state on its face the date of expiration of the order. 24 25 (3)

(2) Either Application Request and Order for Reissuance of to Continue Hearing 26 (Temporary Restraining Order—Juvenile ) (form JV-251) or a new Notice of 27 Hearing and Temporary Restraining Order—Juvenile (form JV-250) must be 28 used for this purpose. 29 30 (Subd (

e) amended effective July 1, 2016; adopted as subd (

g) effective January 1, 2003; 31 amended and relettered effective January 1, 2012; previously amended effective January 1, 32 2004, January 1, 2007, and January 1, 2014.) 33 34 (f)−(k) * * * 35 36 Rule 5.630 amended effective July 1, 2016; adopted as rule 1429.5 effective January 1, 2000; 37 amended and renumbered effective January 1, 2007; previously amended effective January 1, 38 2003, January 1, 2004, January 1, 2012, January 1, 2014, and July 1, 2014. 39 40 Rule 5.640. Psychotropic medications 41 42

18 (a) * * * 1 2 (

b) Authorization to administer (§§ 369.5, 739.5) 3 4 (1)–(2) * * * 5 6

(3) The court must grant or deny the application using Order on Application for 7 Psychotropic Medication (form JV-223). 8 9 (Subd (

b) amended effective July 1, 2016; previously amended effective January 1, 2009.) 10 11 (

c) Procedure to obtain authorization 12 13

(1) Application Regarding Psychotropic Medication (form JV-220), Prescribing 14 Physician’s Statement—Attachment (form JV-220(A)), Proof of Notice: 15 Application Regarding Psychotropic Medication (form JV-221), Opposition 16 to Application Regarding Psychotropic Medication (form JV-222), and Order 17 Regarding Application for Psychotropic Medication (form JV-223) must be 18 used to To obtain authorization to administer psychotropic medication to a 19 dependent child of the court who is removed from the custody of the parents 20 or guardian, or to a ward of the court who is removed from the custody of the 21 parents or guardian and placed into foster care, the following forms must be 22 completed and filed with the court: 23 24 (

A) Application for Psychotropic Medication (form JV-220); and 25 26 (

B) Physician’s Statement—Attachment (form JV-220(A)) unless the 27 request is to continue the same medication and maximum dosage by the 28 same physician that completed the most recent JV-220(A); then the 29 physician may complete Physician’s Request to Continue Medication— 30 Attachment (form JV-220(B)). 31 32

(2) The child, caregiver, parents, child’s Indian tribe, and Court Appointed 33 Special Advocate, if any, may provide input on the medications being 34 prescribed. 35 36 (

A) Input can be by Child’s Opinion About the Medicine (form JV-218) or 37 Statement About Medicine Prescribed (form JV-219); letter; talking to 38 the judge at a court hearing; or through the social worker, probation 39 officer, attorney of record, or Court Appointed Special Advocate. 40 41 (

B) If form JV-218 or form JV-219 is filed, it must be filed within four 42 court days after receipt of notice of the pending application for 43

19 psychotropic medication. If a hearing is set on the application, form JV -1 218 and form JV-219 may be filed at any time before, or at, the 2 hearing. 3 4 (

C) Input from a Court Appointed Special Advocate can also be by a court 5 report under local rule. 6 7

(3) Input on Application for Psychotropic Medication (form JV-222) may be 8 filed by a parent or guardian, his or her attorney of record, a child’s attorney 9 of record, a child’s Child Abuse Prevention and Treatment Act guardian ad 10 litem appointed under rule 5.662 of the California Rules of Court, or the 11 Indian child’s tribe. If form JV-222 is filed, it must be filed within four court 12 days of receipt of notice of the application. 13 14 (2)

(4) Additional information may be provided to the court through the use of local 15 forms that are consistent with this rule. 16 17 (3)

(5) Local county practice and local rules of court determine the procedures for 18 completing and filing the forms and for the provision of notice, except as 19 otherwise provided in this rule. The person or persons responsible for 20 providing notice as required by local court rules or local practice protocols 21 are encouraged to use the most expeditious manner of service possible to 22 ensure timely notice. 23 24

(4) An application must be completed and presented to the court, using 25 Application Regarding for Psychotropic Medication (form JV-220), and 26 Prescribing Physician’s Statement—Attachment (form JV-220(A)). The court 27 must approve, deny or set the matter for a hearing within seven court days of 28 the receipt of the completed application. 29 30 (5)

(6) Application Regarding for Psychotropic Medication (form JV-220) may be 31 completed by the prescribing physician, medical office staff, child welfare 32 services staff, probation officer, or the child’s caregiver. If the applicant is the 33 social worker or probation officer, he or she must complete all items on form 34 JV-220.

The physician prescribing the administration of psychotropic 35 medication for the child must complete and sign Prescribing Physician’s 36 Statement—Attachment (form JV-220(A)) or if it is a request to continue the 37 same medication by the same physician that completed the most recent JV -38 220(A), then the physician may complete and sign Physician’s Request to 39 Continue Medication—Attachment (form JV-220(B)). 40 41

(7) The court must approve, deny, or set the matter for a hearing within seven 42 court days of the receipt of the completed JV-220 and JV-220(

A) or (B). 43

20 1

(6) Prescribing Physician’s Statement—Attachment (form JV-220(A)) must 2 include all of the following: 3 4 (

A) The diagnosis of the child’s condition that the physician asserts can be 5 treated through the administration of the medication; 6 7 (

B) The specific medication recommended, with the recommended 8 maximum daily dosage and length of time this course of treatment will 9 continue; 10 11 (

C) The anticipated benefits to the child of the use of the medication; 12 13 (

D) A description of possible side effects of the medication; 14 15 (

E) A list of any other medications, prescription or otherwise, that the child 16 is currently taking, and a description of any effect these medications 17 may produce in combination with the psychotropic medication; 18 19 (

F) A description of any other therapeutic services related to the child’s 20 mental health status; and 21 22 (

G) A statement that the child has been informed in an age-appropriate 23 manner of the recommended course of treatment, the basis for it, and its 24 possible results. The child’s response must be included. 25 26 (7)

(8) Notice must be provided to the parents or legal guardians, their attorneys of 27 record, the child’s attorney of record, the child’s Child Abuse Prevention and 28 Treatment Act guardian ad litem, the child’s current caregiver, the child’s 29 Court Appointed Special Advocate, if any, and where a child has been 30 determined to be an Indian child, the Indian child’s tribe (see also 25 U.S.C. 31 § 1903(4)–(5); Welf. and Inst. Code, §§ 224.1(

a) and (

e) and 224.3). If the 32 child is living in a group home, notice to the caregiver must be by notice to 33 the group home administrator, or to the administrator’s designee, as defined 34 in California Code of Regulations, regulation 84064. 35 36 Notice must be provided as follows: 37 38 (

A) Notice to the parents or legal guardians and their attorneys of record 39 must include: 40 41 (i) * * * 42 43

21 (ii) A statement that an Application Regarding for Psychotropic 1 Medication (form JV-220) and a Prescribing Physician’s 2 Statement—Attachment (form JV-220(A)) or Physician’s Request 3 to Continue Medication—Attachment (form JV-220(B)) are 4 pending before the court; 5 6 (iii) A copy of Information About Guide to Psychotropic Medication 7 Forms (form JV-219-INFO JV-217-INFO); or information on 8 how to obtain a copy of the form; and 9 10 (iv) A blank copy of Statement About Medicine Prescribed (form JV -11 219); and 12 13 (iv)(

v) A blank copy of Opposition to Input on Application Regarding 14 for Psychotropic Medication (form JV-222) or information about 15 how to obtain a copy of the form. 16 17 (

B) Notice to the child’s current caregiver and Court Appointed Special 18 Advocate, if one has been appointed, must include only: 19 20 (

i) A statement that a physician is asking to treat the child’s 21 emotional or behavioral problems by beginning or continuing the 22 administration of psychotropic medication to the child and the 23 name of the psychotropic medication; and 24 25 (ii) A statement that an Application Regarding for Psychotropic 26 Medication (form JV-220) and a Prescribing Physician’s 27 Statement—Attachment (form JV-220(A)) or Physician’s Request 28 to Continue Medication—Attachment (form JV-220(B)) are 29 pending before the court; 30 31 (iii) A copy of Guide to Psychotropic Medication Forms (form JV -32 217-INFO); 33 34 (iv) A blank copy of Child’s Opinion About the Medicine (form JV -35 218); and 36 37 (

v) A blank copy of Statement About Medicine Prescribed (form JV -38 219). 39 40 (

C) Notice to the child’s attorney of record and any Child Abuse Prevention 41 and Treatment Act guardian ad litem for the child must include: 42 43

22 (

i) A completed copy of the Application Regarding for Psychotropic 1 Medication (form JV-220); 2 3 (ii) A completed copy of the Prescribing Physician’s Statement— 4 Attachment (form JV-220(A)) or Physician’s Request to Continue 5 Medication—Attachment (form JV-220(B)); 6 7 (iii) A copy of Information About Guide to Psychotropic Medication 8 Forms (form JV-219-INFO JV-217-INFO) or information on 9 how to obtain a copy of the form; and 10 11 (iv) A blank copy of Opposition to Input on Application Regarding 12 for Psychiatric Psychotropic Medication (form JV-222) or 13 information on how to obtain a copy of the form.; and 14 15 (

v) A blank copy of Child’s Opinion About the Medicine (form JV -16 218) or information on how to obtain a copy of the form. 17 18 (

D) Notice to the Indian child’s tribe must include: 19 20 (i) * * * 21 22 (ii) A statement that an Application Regarding for Psychotropic 23 Medication (form JV-220) and a Prescribing Physician’s 24 Statement—Attachment (form JV-220(A)) or Physician’s Request 25 to Continue Medication—Attachment (form JV-220(B)) are 26 pending before the court; 27 28 (iii) A copy of Information About Guide to Psychotropic Medication 29 Forms (form JV-219-INFO JV-217-INFO) or information on 30 how to obtain a copy of the form; and 31 32 (iv) A blank copy of Opposition to Input on Application Regarding 33 for Psychotropic Medication (form JV-222) or information on 34 how to obtain a copy of the form.; and 35 36 (

v) A blank copy of Child’s Opinion About the Medicine (form JV -37 218) or information on how to obtain a copy of the form. 38 39 (vi) A blank copy of Statement About Medicine Prescribed (form JV -40 219) or information on how to obtain a copy of the form. 41 42

23 (

E) Proof of notice of the application regarding psychotropic medication 1 must be filed with the court using Proof of Notice: of Application 2 Regarding Psychotropic Medication (form JV-221). 3 4

(8) A parent or guardian, his or her attorney of record, a child’s attorney of 5 record, a child’s Child Abuse Prevention and Treatment Act guardian ad 6 litem appointed under rule 5.662 of the California Rules of Court, or the 7 Indian child’s tribe that is opposed to the administration of the proposed 8 psychotropic medication must file a completed Opposition to Application 9 Regarding Psychotropic Medication (form JV-222) within four court days of 10 service of notice of the pending application for psychotropic medication. 11 12

(9) If all the required information is not included in the request for authorization, 13 the court must order the applicant to provide the missing information and set 14 a hearing on the application. 15 16 (9)

(10) The court may grant the application without a hearing or may set the matter 17 for hearing at the court’s discretion.

If the court sets the matter for a hearing, 18 the clerk of the court must provide notice of the date, time, and location of 19 the hearing to the parents or legal guardians, their attorneys of record, the 20 dependent child if 12 years of age or older, a ward of the juvenile court of 21 any age, the child’s attorney of record, the child’s current caregiver, the 22 child’s social worker or probation officer, the social worker’s or probation 23 officer’s attorney of record, the child’s Child Abuse Prevention and 24 Treatment Act guardian ad litem, the child’s Court Appointed Special 25 Advocate, if any, and the Indian child’s tribe at least two court days before 26 the hearing.

Notice must be provided to the child’s probation officer and the 27 district attorney, if the child is a ward of the juvenile court. 28 29 (Subd (

c) amended effective July 1, 2016; previously amended effective January 1, 2007, 30 January 1, 2008, January 1, 2009, and January 1, 2014.) 31 32 (

d) Conduct of hearing on application 33 34 At the hearing on the application, the procedures described in rule 5.570 and 35

section 349 must be followed. The court may deny, grant, or modify the application 36 for authorization. and may If the court grants or modifies the application for 37 authorization, the court must set a date for review of the child’s progress and 38 condition. This review must occur at every status review hearing and may occur at 39 any other time at the court’s discretion. 40 41 (Subd (

d) amended effective July 1, 2016; previously amended effective January 1, 2007.) 42 43

24 (e) * * * 1 2 (

f) Continued treatment 3 4 If the court grants the request or modifies and then grants the request, the order for 5 authorization is effective until terminated or modified by court order or until 180 6 days from the order, whichever is earlier. If a progress review is set, it may be by 7 an appearance hearing or a report to the court and parties and attorneys, at the 8 discretion of the court. 9 10 (Subd (

f) amended effective July 1, 2016.) 11 12 (

g) Progress review 13 14

(1) After approving any application for authorization, regardless of whether the 15 approval is made at a hearing, the court must set a progress review. 16 17

(2) A progress review must occur at every status review hearing and may occur 18 at any other time at the court’s discretion. 19 20

(3) If the progress review is held at the time of the status review hearing, notice 21 under

section 293 or 295 must include a statement that the hearing will also 22 be a progress review on previously ordered psychotropic medication, and 23 must include a blank copy of Child’s Opinion About the Medicine (form JV -24 218) and a blank copy of Statement About Medicine Prescribed (form JV -25 219). 26 27

(4) If the progress review is not held at the time of the status review hearing, 28 notice must be provided as required under

section 293 or 295; must include a 29 statement that the hearing will be a progress review on previously ordered 30 psychotropic medication; and must include a blank copy of Child’s Opinion 31 About the Medicine (form JV-218) and a blank copy of Statement About 32 Medicine Prescribed (form JV-219). 33 34

(5) Before each progress review, the social worker or probation officer must file 35 a completed County Report About Psychotropic Medication (form JV-224) 36 at least 10 calendar days before the hearing. If the progress review is set at 37 the same time as a status review hearing, form JV-224 must be attached to 38 and filed with the report. 39 40

(6) The child, caregiver, parents, and Court Appointed Special Advocate, if any, 41 may provide input at the progress review as stated in (c)(2). 42 43

(7) At the progress review, the procedures described in

section 349 must be 1 followed. 2 3 (Subd (

g) adopted effective July 1, 2016.) 4 5 (

h) Copy of order to caregiver 6 7

(1) Upon the approval or denial of the application, the county child welfare 8 agency, probation department, or other person or entity who submitted the 9 request must provide the child’s caregiver with a copy of the court order 10 approving or denying the request. 11 12

(2) The copy of the order must be provided in person or mailed within two court 13 days of when the order is signed. 14 15

(3) If the court approves the request, the copy of the order must include the last 16 two pages of form JV-220(

A) and all medication information sheets 17 (medication monographs) that were attached to form JV-220(A). 18 19

(4) If the child resides in a group home, a copy of the order, the last two pages of 20 form JV-220(A), and all medication information sheets (medication 21 monographs) that were attached to the JV-220(

A) must be provided to the 22 group home administrator, or to the administrator’s designee, as defined in 23 California Code of Regulations, regulation 84064. 24 25

(5) If the child changes placement, the social worker or probation officer must 26 provide the new caregiver with a copy of the order, the last two pages of form 27 JV-220(A), and the medication information sheets (medication monographs) 28 that were attached to form JV-220(A). 29 30 (Subd (

h) adopted effective July 1, 2016.) 31 32 (g)(i) * * * 33 34 (Subd (

i) relettered effective July 1, 2016; adopted as subd (g); previously amended 35 effective January 1, 2007, and January 1, 2008.) 36 37 (h)(

j) Section 601–602 wardships; local rules 38 39 A local rule of court may be adopted providing that authorization for the 40 administration of such medication to a child declared a ward of the court under 41 sections 601 and or 602 and removed from the custody of the parent or guardian for 42 placement in a facility that is not considered a foster-care placement may be 43

26 similarly restricted to the juvenile court. If the local court adopts such a local rule, 1 then the procedures under this rule apply; any reference to social worker also 2 applies to probation officer. 3 4 (Subd (

j) amended and relettered effective July 1, 2016; adopted as subd (i); previously 5 relettered as subd (

h) effective January 1, 2008; previously amended effective January 1, 6 2007, and January 1, 2009.) 7 8 (

k) Public health nurses 9 10 Information may be provided to public health nurses as governed by Civil Code 11

section 56.103. 12 13 (Subd (

k) adopted effective July 1, 2016.) 14 15 Rule 5.640 amended effective July 1, 2016; adopted as rule 1432.5 effective January 1, 2001; 16 previously amended and renumbered effective January 1, 2007; previously amended effective 17 January 1, 2003, January 1, 2008, January 1, 2009, and January 1, 2014. 18 19 Rule 5.664. Training requirements for children’s counsel in delinquency 20 proceedings (§ 634.3) 21 22 (

a) Definition 23 24 “Competent counsel” means an attorney who is a member, in good standing, of the 25 State Bar of California, who provides representation in accordance with Welfare 26 and Institutions Code

section 634.3(a)(1)–(3), and who has participated in training 27 in the law and practice of juvenile delinquency as defined in this rule. 28 29 (

b) Education and training requirements 30 31

(1) Only those attorneys who, during each of the most recent three calendar 32 years, have dedicated at least 50 percent of their practice to juvenile 33 delinquency and demonstrated competence or who have completed a 34 minimum of 12 hours of training or education during the most recent 12 -35 month period in the area of juvenile delinquency, may be appointed to 36 represent youth. 37 38

(2) Attorney training must include: 39 40 (

A) An overview of delinquency law and related statutes and cases; 41 42

27 (

B) Trial skills, including drafting and filing pretrial motions, introducing 1 evidence at trial, preserving the record for appeal, filing writs, notices 2 of appeal, and posttrial motions; 3 4 (

C) Advocacy at the detention phase; 5 6 (

D) Advocacy at the dispositional phase; 7 8 (

E) Child and adolescent development, including training on interviewing 9 and working with adolescent clients; 10 11 (

F) Competence and mental health issues, including capacity to commit a 12 crime and the effects of trauma, child abuse, and family violence, as 13 well as crossover issues presented by youth involved in the dependency 14 system; 15 16 (

G) Police interrogation methods, suggestibility of juveniles, and false 17 confessions; 18 19 (

H) Counsel’s ethical duties, including racial, ethnic, and cultural 20 understanding and addressing bias; 21 22 (

I) Cultural competency and sensitivity relating to, and best practices for, 23 providing adequate care to lesbian, gay, bisexual, and transgender 24 youth; 25 26 (

J) Understanding of the effects of and how to work with victims of human 27 trafficking and commercial sexual exploitation of children and youth; 28 29 (

K) Immigration consequences and the requirements of Special Immigrant 30 Juvenile Status; 31 32 (

L) General and special education, including information on school 33 discipline; 34 35 (

M) Extended foster care; 36 37 (

N) Substance abuse; 38 39 (

O) How to secure effective rehabilitative resources, including information 40 on available community-based resources; 41 42 (

P) Direct and collateral consequences of court involvement; 43

28 1 (

Q) Fitness hearings and advocacy in adult court; 2 3 (

R) Appellate advocacy; and 4 5 (

S) Advocacy in the postdispositional phase. 6 7 8 (

c) Continuing education requirements 9 10

(1) To remain eligible for appointment to represent delinquent youth, attorneys 11 must engage in annual continuing education in the areas listed in (b)(2), as 12 follows: 13 14 (

A) Attorneys must complete at least 8 hours per calendar year of 15 continuing education, for a total of 24 hours, during each MCLE 16 compliance period. 17 18 (

B) An attorney who is eligible to represent delinquent youth for only a 19 portion of the corresponding MCLE compliance period must complete 20 training hours in proportion to the amount of time the attorney was 21 eligible. An attorney who is eligible to represent delinquent youth for 22 only a portion of a calendar year must complete two hours of training 23 for every three months of eligibility. 24 25 (

C) The 12 hours of initial training may be applied toward the continuing 26 training requirements for the first compliance period. 27 28

(2) Each individual attorney is responsible for complying with the training 29 requirements in this rule; however, offices of the public defender and other 30 agencies that work with delinquent youth are encouraged to provide MCLE 31 training that meets the training requirements in (b)(2). 32 33

(3) Each individual attorney is encouraged to participate in policy meetings or 34 workgroups convened by the juvenile court and to participate in local 35 trainings designed to address county needs. 36 37 (

d) Evidence of competency 38 39 The court may require evidence of the competency of any attorney appointed to 40 represent a youth in a delinquency proceeding, including requesting documentation 41 of trainings attended. The court may also require attorneys who represent youth in 42

29 delinquency proceedings to complete Declaration of Eligibility for Appointment to 1 Represent Youth in Delinquency Court (JV-700). 2 3 Rule 5.664 adopted effective July 1, 2016. 4 5 Rule 5.708. General review hearing requirements 6 7 (a)–(m) * * * 8 9 (

n) Requirements on setting a

section 366.26 hearing (§§ 366.21, 366.22, 366.25) 10 11 The court must make the following orders and determinations when setting a 12 hearing under

section 366.26: 13 14 (1) * * * 15 16

(2) The court must continue to permit the parent or legal guardian to visit the 17 child, unless it finds that visitation would be detrimental to the child;. 18 19 (3) * * * 20 21

(4) The court must direct the county child welfare agency and the appropriate 22 county or state adoption agency to prepare an assessment under

section 23 366.21(i), 366.22(c), or 366.25(b);. 24 25

(5) The court must ensure that notice is provided as follows: required by

section 26 294. 27 28 (

A) Within 24 hours of the review hearing, the clerk of the court must 29 provide notice by first-class mail to the last known address of any party 30 who is not present at the review hearing. The notice must include the 31 advisements required by rule 5.590(b). 32 33 (

B) The court must order that notice of the hearing under

section 366.26 not 34 be provided to any of the following: 35 36 (

i) Any parent-whether natural, presumed, biological, or alleged-37 who has relinquished the child for adoption and whose 38 relinquishment has been accepted and filed with notice under 39 Family Code

section 8700; or 40 41

30 (ii) An alleged parent who has denied parentage and has completed 1 item 2 of Statement Regarding Parentage (Juvenile) (form JV-2 505). 3 4

(6) The court must follow all procedures in rule 5.590 regarding writ petition 5 rights, advisements, and forms. 6 7 (Subd (

n) amended effective July 1, 2016; previously amended effective July 1, 2010, 8 January 1, 2014, January 1, 2015, and January 1, 2016.) 9 10 (o) * * * 11 12 Rule 5.708 amended effective July 1, 2016; adopted effective January 1, 2010; previously 13 amended effective July 1, 2010, January 1, 2014, January 1, 2015, and January 1, 2016. 14 15 Rule 5.815. Appointment of legal guardians for wards of the juvenile court; 16 modification or termination of guardianship 17 18 (a)–(c) * * * 19 20 (

d) Notice (§ 728(c)) 21 22 The clerk must provide notice of the hearing to the child, the child’s parents, and 23 other individuals as required by Probate Code

section 1511

section 294. 24 25 (Subd (

d) amended effective July 1, 2016.) 26 27 (e)–(g) * * * 28 29 Rule 5.815 amended effective July 1, 2016; adopted as rule 1496.2 effective January 1, 2004; 30 previously amended effective July 1, 2006; previously amended and renumbered as rule 5.815 31 effective January 1, 2007. 32 33 Rule 5.830. Sealing records (§ 781) 34 35 (

a) Sealing records—former wards (§ 781) 36 37

(1) A former ward of the court may apply to petition the court to order juvenile 38 records sealed. Determinations under

section 781 must may be made by the 39 court in any the county in which wardship was last terminated. A court may 40 seal the records of another court when it determines that it is appropriate to 41 do so, and must make a determination on sealing those records if the case has 42 been transferred to its jurisdiction under rules 5.610 and 5.612. 43

31 1

(2) At the time jurisdiction is terminated or the case is dismissed, the court must 2 provide or instruct the probation department to provide form JV-595-INFO, 3 How to Ask the Court to Seal Your Records, and form JV-595, Request to 4 Seal Juvenile Records, to the ward if the court does not seal the ward’s 5 records under

section 786. If the court does seal the ward’s records under 6

section 786, the court must provide or instruct the probation department to 7 provide form JV-596-INFO, Sealing of Records for Satisfactory Completion 8 of Probation, and a copy of the sealing order as provided in rule 5.840. 9 10 (1)

(3) Application—submission 11 12 (

A) The application for a petition to seal records must be submitted to the 13 probation department in the county in which wardship was last 14 terminated. 15 16 (

B) The application for a petition to seal juvenile records may be submitted 17 on form JV-595, Request to Seal Juvenile Records, or on another form 18 that includes all required information. 19 20 (2)

(4) Investigation 21 22 If the applicant is at least 18 years of age, or if it has been at least five years 23 since the applicant’s probation was last terminated or since the applicant was 24 cited to appear before a probation officer or was taken before a probation 25 officer under

section 626 or before any officer of a law enforcement agency, 26 the probation officer determines that under

section 781 the former ward is 27 eligible to petition for sealing, the probation officer must do all of the 28 following: 29 30 (A) * * * 31 32 (

B) Conduct an investigation under

section 781 and compile a list of cases 33 and contact addresses of every agency or person that the probation 34 department knows has a record of the ward’s case—including the date 35 of each offense, case number(s), and date when the case was closed—to 36 be attached to the sealing petition; 37 38 (C)–(d) * * * 39 40 (3)(5) * * * 41 42

32 (4)

(6) If the petition is granted, the court must order the sealing of all records 1 described in

section 781 using form JV-590, Order to Seal Juvenile 2 Records—Welfare and Institutions Code

Section 781, or a similar form. The 3 order must apply in the county of the court hearing the petition and in all 4 other counties in which there are juvenile records concerning the petitioner. If 5 the court determines that sealing the records of another court for a petition 6 that has not been transferred is inappropriate, it must inform the petitioner 7 that a petition to seal those records can be filed in the county where the other 8 court is located. 9 10 (Subd (

a) amended effective July 1, 2016; previously amended effective January 1, 2007.) 11 12 (

b) Sealing—nonwards 13 14

(1) For all other persons described in

section 781, application may be submitted 15 to the probation department in any county in which there is a juvenile record 16 concerning the petitioner, and the procedures of (

a) must be followed. 17 18

(2) When jurisdiction is terminated or the case is closed, the probation 19 department must provide the following forms to individuals described under 20

section 781(h)(1)(

A) and (B): 21 22 (

A) If the individual’s records have not been sealed under

section 786, form 23 JV-595-INFO, How to Ask the Court to Seal Your Records, and form 24 JV-595, Request to Seal Juvenile Records; or 25 26 (

B) If the individual’s records have been sealed under

section 786, form 27 JV-596-INFO, Sealing of Records for Satisfactory Completion of 28 Probation, and a copy of the sealing order. 29 30 (Subd (

b) amended effective July 1, 2016; previously amended effective January 1, 2007.) 31 32 (c)–(e) * * * 33 34 Rule 5.830 amended effective July 1, 2016; adopted as rule 1499 effective January 1, 1991; 35 previously renumbered as rule 1497 effective January 1, 1999; previously amended and 36 renumbered as rule 5.830 effective January 1, 2007. 37 38 Advisory Committee Comment 39 40 This rule is intended to describe the legal process by which a person may apply to petition the 41 juvenile court to order the sealing—that is, the prohibition of access and inspection—of the 42 records related to specified cases in the custody of the juvenile court, the probation department, 43

33 and other agencies and public officials. This rule establishes minimum legal standards but does 1 not prescribe procedures for managing physical or electronic records or methods for preventing 2 public inspection of the records at issue. These procedures remain subject to local discretion. 3 Procedures may, but are not required to, include the actual sealing of physical records or files. 4 Other permissible methods of sealing physical records pending their destruction under

section 5 781(

d) include, but are not limited to, storing sealed records separately from publicly accessible 6 records, placing sealed records in a folder or sleeve of a color different from that in which 7 publicly accessible records are kept, assigning a distinctive file number extension to sealed 8 records, or designating them with a special stamp. Procedures for sealing electronic records must 9 accomplish the same objectives as the procedures used to seal physical records, and appropriate 10 access controls must be established to ensure that only authorized persons may access the sealed 11 records. 12 13 Rule 5.840. Dismissal of petition and sealing of records (§ 786) 14 15 (

a) Applicability 16 17 This rule states the procedures to dismiss and seal the records of minors who are 18 subject to

section 786. 19 20 (

b) Dismissal of petition 21 22 If the court finds that a minor subject to this rule has satisfactorily completed his or 23 her informal or formal probation supervision, the court must order the petition 24 dismissed. The court must not dismiss a petition if it was sustained based on the 25 commission of an offense listed in subdivision (

b) of

section 707 when the minor 26 was 14 or older unless the finding on that offense has been dismissed or was 27 reduced to an offense not listed in subdivision (

b) of

section 707. The court may 28 also dismiss prior petitions filed or sustained against the minor if they appear to the 29 satisfaction of the court to meet the sealing and dismissal criteria in

section 786. An 30 unfulfilled order, condition, or restitution or an unpaid restitution fee must not be 31 deemed to constitute unsatisfactory completion of probation supervision. The court 32 may not extend the period of supervision or probation solely for the purpose of 33 deferring or delaying eligibility for dismissal and sealing under

section 786. 34 35 (

c) Sealing of records 36 37 For any petition dismissed by the court under

section 786, the court must also order 38 sealed all records in the custody of the court, law enforcement agencies, the 39 probation department, and the Department of Justice pertaining to those dismissed 40 petition(

s) using form JV-596, Dismissal and Sealing of Records—Welfare and 41 Institutions Code

Section 786, or a similar form. The court may also seal records 42 pertaining to these cases in the custody of other public agencies upon a request by 43

34 an individual who is eligible to have records sealed under

section 786, if the court 1 determines that sealing the additional record(

s) will promote the successful reentry 2 and rehabilitation of the individual. The prosecuting attorney, probation officer, and 3 court must have access to these records as specifically provided in

section 786. 4 Access to the records for research purposes must be provided as required in

section 5 787. 6 7 (

d) Destruction of records 8 9 The court must specify in its order the date by which all sealed records must be 10 destroyed. For court records this date may be no earlier than the date the subject of 11 the order attains age 21 and no later than the end of the time frame set forth in 12

section 781(d). For all other records, the date may be no earlier than the date the 13 subject of the order attains age 18, and no later than the time frame set forth in 14

section 781(

d) unless that time frame expires prior to the date the subject attains 18 15 years of age. 16 17 (

e) Distribution of order 18 19 The clerk of the issuing court must send a copy of the order to each agency and 20 official listed in the order and provide a copy of the order to the individual whose 21 records have been sealed and his or her attorney. The court shall also provide or 22 instruct the probation department to provide the individual with form JV-596 -23 INFO, Sealing of Records for Satisfactory Completion of Probation. 24 25 (

f) Deadline for sealing 26 27 Each agency, individual, and official notified must immediately seal all records as 28 ordered and advise the court that its sealing order has been completed using form 29 JV-591, Acknowledgment of Juvenile Record Sealed, or another means. 30 31 Rule 5.840 adopted effective July 1, 2016. 32 33 Rule 7.1002.

Acknowledgment of receipt of Duties of Guardian 34 35 Before the court issues letters, each guardian must execute and file an acknowledgment 36 of receipt of the Duties of Guardian (form GC-248). 37 38 Rule 7.1002 amended effective July 1, 2016; adopted effective January 1, 2001; previously 39 amended effective January 1, 2002, and January 1, 2007. 40 41 Rule 7.1002.5. Guardianship of ward 18 to 20 years of age 42 43

35 (

a) Authority 1 2 The court may extend an existing guardianship of the person past a ward’s 18th 3 birthday or appoint a new guardian of the person for a ward who is at least 18 but 4 not yet 21 years of age if the ward is the petitioner or has given consent as provided 5 in

section 1510.1 of the Probate Code and this rule. 6 7 (

b) Consent to appointment of guardian of the person 8 9 The court may appoint a new guardian of the person under this rule only if the ward 10 has given consent, both to the appointment and to the guardian’s performance of 11 the duties of a guardian, by signing the petition. 12 13 (

c) Consent to extension of guardianship of the person 14 15 The court may extend a guardianship of the person under this rule only if the ward 16 has given consent, both to the extension and to the guardian’s continued 17 performance of the duties of a guardian, by signing the Petition to Extend 18 Guardianship of the Person (form GC-210(PE)). 19 20 (

d) Dispute 21 22 In the event of a dispute over the guardian’s intended action, the guardian may not 23 act against the ward’s desires without the ward’s express consent unless failure to 24 act as intended would breach the guardian’s fiduciary duties to the ward. 25 26 (

e) Modification of consent 27 28

(1) A ward may withdraw his or her consent to the establishment or extension of 29 a guardianship under this rule by filing a petition to terminate the 30 guardianship under rule 7.1004(b)(2)(B). 31 32

(2) In addition to any other petition authorized by

section 2359(a), the ward may 33 file a petition at any time during a guardianship established or extended under 34 this rule to withdraw or modify his or her consent to the guardian’s 35 performance of a specific duty or duties. 36 37 Rule 7.1002.5 adopted effective July 1, 2016. 38 39 Rule 7.1004. Termination of guardianship 40 41 (a) * * * 42 43

36 (

b) Guardian of the person 1 2

(1) Under Probate Code

section 1600 a guardianship of the person terminates by 3 operation of law, and the guardian of the person need not file a petition for its 4 termination, when the ward attains majority except as provided in (2), dies, is 5 adopted, or is emancipated. 6 7

(2) If the court has appointed a guardian of the person for a ward 18 years of age 8 or older or extended a guardianship of the person past the ward’s 18th 9 birthday, the guardianship terminates: 10 11 (

A) By operation of law when the ward attains 21 years of age, marries, or 12 dies; or 13 14 (

B) By order of the court when the ward files a petition under Probate Code 15

section 1601. 16 17 (Subd (

b) amended effective July 1, 2016.) 18 19 (c) * * * 20 21 Rule 7.1004 amended effective July 1, 2016; adopted effective January 1, 2004. 22 23 Rule 7.1013. Change of ward’s residence 24 25 (a)–(f) * * * 26 27 (

g) Wards 18 to 20 years of age 28 29 For a ward who is at least 18 but not yet 21 years of age, a copy of any notice under 30 this rule must be mailed only to the ward and the ward’s attorney of record. 31 32 (Subd (

g) adopted effective July 1, 2016.) 33 34 Rule 7.1013 amended effective July 1, 2016; adopted effective January 1, 2008. 35 36 Rule 7.1020. Special Immigrant Juvenile findings in guardianship proceedings 37 38 (a) * * * 39 40 (

b) Request for findings 41 42

(1) Who may file request 1 2 Any person or entity authorized under Probate Code

section 1510 or 1510.1 3 to petition for the appointment of a guardian of the person of a minor, 4 including the ward or proposed ward if 12 years of age or older, may file a 5 request for findings regarding the minor under this rule. 6 7 (A)–(B) * * * 8 9

(2) Form of request 10 11 (A) * * * 12 13 (

B) A request for findings under this rule by or on behalf of a minor filed 14 concurrently with a petition for the appointment of a guardian of the 15 person or for extension of a guardianship of the person past the 18th 16 birthday of the minor must be prepared and filed as a separate petition, 17 not as an attachment to the petition for appointment. 18 19 (Subd (

b) amended effective July 1, 2016.) 20 21 (c)–(d) * * * 22 23 (

e) Hearing on request 24 25

(1) If filed concurrently, a request for findings under this rule by or on behalf of 26 a minor and a petition for appointment of a guardian of the person or 27 extension of a guardianship of the person past the 18th birthday of that minor 28 may be heard and determined together. 29 30 (2)–(5) * * * 31 32 (Subd (

e) amended effective July 1, 2016.) 33 34 (f) * * * 35 36 Rule 7.1020 amended effective July 1, 2016; adopted effective January 1, 2016. 37 38 Rule 10.67. Judicial Branch Workers’ Compensation Program Advisory 39 Committee 40 41 (a)–(b) * * * 42 43

38 Rule 10.67 amended effective July 1, 2016; adopted effective January 1, 2015. 1 2

39 Appendix F. 1 2 Guidelines for the Juvenile Dependency Counsel Collections Program (JDCCP) 3 4 1.–4. * * * 5 6 5. Determination of Cost of Legal Services 7 The court is charged with determining the cost of dependency-related legal services. 8 In doing so, the court may adopt one of the three methods in (a)–(c). In no event 9 will the court seek reimbursement of an amount that exceeds the actual cost of legal 10 services already provided to the children and the responsible person in the 11 proceeding.

The court may update its determination of the cost of legal services on 12 an annual basis, on the conclusion of the dependency proceedings in the juvenile 13 court, or on the cessation of representation of the child or responsible person. 14 15 (a) * * * 16 17 (

b) Cost Model 18 The court may determine the cost of legal services provided to a child or responsible 19 person in a dependency proceeding by applying the Uniform Regional Cost 20 Model available on serranus.courtinfo.ca.gov jrn.courts.ca.gov or from 21 jdccp@jud.ca.gov. Use of the cost model as described in this

section will 22 ensure that the court seeks reimbursement of an amount that most closely 23 approximates, but does not exceed, the actual cost incurred by the court. 24 25 (1)–(3) * * * 26 27 (c) * * * 28 29 6.–9. * * * 30 31 10. Collection Services 32 33 (a) * * * 34 35 (

b) Outside Collection-Services Providers 36 When appropriate and consistent with policy FIN 10.01, a court may use an 37 outside collection-services provider. 38 39 (1) * * * 40 41

(2) Collection Services Provided by Private Vendor 42

40 A court that uses a private collection service should use a vendor that 1 has entered into a master agreement with the Judicial Council to provide 2 comprehensive collection services. A court that uses such a vendor 3 should complete a participation agreement and send it to Judicial 4 Council staff via e-mail to jdccp@jud.ca.gov.

A court may contract 5 directly with a private vendor only on terms and conditions substantially 6 similar to those set forth in the master agreements for comprehensive 7 collection services available at 8 http://serranus.courtinfo.ca.gov/programs/collections/mva.htm 9 jrn.courts.ca.gov/programs/collections/mva.htm. 10 11 (3) * * * 12 13 (c) * * * 14 15 11. Recovery of Program Implementation Costs 16 A court may recover, from the money it has collected, its eligible program 17 implementation costs before remitting the balance of the collected funds to the state 18 in the manner required by Government Code

section 68085.1. Eligible costs are 19 limited by statute to the cost of determining responsible persons’ ability to repay the 20 cost of court-appointed counsel and to the cost of collecting delinquent 21 reimbursements. If a court’s eligible costs in any given month exceed the amount of 22 revenue it has collected in that month, the court may carry the excess costs forward 23 within the same fiscal year until sufficient revenue is collected to recover the 24 eligible costs in full.

Any program costs recovered by the court must be 25 documented by the court and reported monthly by e-mail to jdccp@jud.ca.gov in a 26 format consistent with the Cost Recovery Template available on 27 serranus.courtinfo.ca.gov jrn.courts.ca.gov or from jdccp@jud.ca.gov. 28 29 (a) * * * 30 31 12.–15. * * * 32 Appendix F amended effective July 1, 2016; adopted effective January 1, 2013; previously 33 amended effective September 23, 2013, and January 1, 2016. 34 35