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CHAPTER SEVENTEEN
SUPERIOR COURT, JUVENILE DIVISION
DEPENDENCY AND DELINQUENCY PROCEEDINGS
CHAPTER SEVENTEEN
SUPERIOR COURT, JUVENILE DIVISION
DEPENDENCY AND DELINQUENCY PROCEEDINGS
17.0 COURT JURISDICTION
(a) Jurisdiction of the Juvenile Court. The Superior Court exercises the jurisdiction conferred by the Juvenile Court Law, and while sitting in the exercise of such jurisdiction, is known and referred to as the Juvenile Court. Three classes of children come within the jurisdiction of the Juvenile Court. They are commonly referred to as dependent children, status offenders and youthful offenders. (See Welf. & Inst. Code, §§ 300, 601, 602, and California Rules of Court, rule 5.501 et seq.)
(Rule 17.0(a) amended and effective 1/1/08.)
(b) Coordination of Custody Proceedings. Superior Court Local Rule 2.6 governs the coordination of multiple proceedings involving the same child(ren). Counsel shall be familiar with Rule 2.6 and Welfare and Institutions Code section 304 that gives the Juvenile Court jurisdiction over all issues in proceedings pursuant to the Family Law and Probate codes that affect the custody of child(ren) after dependency petition has been filed and until the time that the petition is dismissed or dependency is terminated.
(1) Identification. The Dependency Court hearing a matter should determine at the earliest possible time whether there is an existing family law or probate case. If at any time it comes to the attention of one court that an existing dependency, family law or probate matter is in another court, the clerk in Dependency Court Department 400 shall be immediately notified. Notification procedures are set forth in the Dependency Court's "Notification to Family Law/Probate Court of Active Dependency Case" procedure dated February 6, 2002.
(2) Coordination of Multiple Dependency Proceedings Involving Members of the Same Family. All attorneys and self-represented parties shall investigate the existence of any open, closed or reactivated dependency cases that involve the parents, guardians or other members of the same family. If an attorney or a party learns of a pending or closed case in another dependency department that involves members of the same family, the attorney or party shall notify the judicial officers presiding over the cases. The judicial officers in the affected departments will advise the Supervising Judge. After consultation with the affected judicial officers, the Supervising Judge will determine how, and in what department(s), the matters shall be heard, transferred, consolidated or coordinated.
(c) Welfare and Institutions Code section 241.1 Joint Assessments Policy. Welfare and Institutions Code section 241.1 mandates joint Department of Children and Family Services (DCFS) -Probation assessments for children who appear to come within the description of both Welfare and Institutions Code sections 300 and 601 or 602. Referrals for joint assessment shall be conducted pursuant to the Memorandum of Understanding established by the joint actions of the Juvenile Court, DCFS, Probation Department and the Department of Mental Health. Copies of the Memoranda may be obtained from the Clerk's Office of the Juvenile Court.
(Rule 17.0 [7/1/96, 7/1/05] amended and effective 1/1/08.)
17.1 CONFIDENTIALITY OF JUVENILE CASE FILES
(a) Access to Juvenile Case Files. Generally, juvenile case files (see definition in subsection 17.1(a)(1) below) are confidential except for some cases as outlined in this Rule. In addition, certain documents in a juvenile case file may be privileged or confidential because of other state law or federal law or regulation. Juvenile case files may not be obtained or inspected by either civil or criminal subpoena.
Welfare and Institutions Code section 827 governs access to juvenile case files. "Access" may include the inspection, copying, and/or dissemination of documents or information from the juvenile case file. If a person or agency is not entitled to access, he or she must file a petition with the Presiding Judge of the Juvenile Court.
(1) Definition of Juvenile Case File. Pursuant to Welfare and Institutions Code section 827 and California Rules of Court, rule 5.552(a), a "juvenile case file" include(s):
a) all documents filed in a juvenile court case,
b) court reports prepared by probation officers, social workers or court appointed special advocate ("CASA") volunteers,
c) documents made available to probation officers, social workers or CASA volunteers in preparation of a court report,
d) documents relating to a child concerning whom a petition has been filed in juvenile court that are maintained in the office files of probation officers, social workers, or CASA volunteers,
e) transcripts, records, or reports relating to matters prepared or released by the court, probation department, or child welfare services program,
f) documents, video or audio tapes, photographs and exhibits admitted into evidence at juvenile court hearings, and
g) documents relating to juvenile contacts or investigations that are maintained by a law enforcement agency, Probation Department, or Department of Children and Family Services ("DCFS"), which are part of the juvenile case file even if juvenile court proceedings have not been initiated.
Documents that are not considered to be part of a juvenile case file and thus not under the jurisdiction of the Juvenile Court include, but are not limited to:
i) documents in the file of an attorney for a party;
ii) any document where the subject child has had no contact with law enforcement, DCFS, Probation Department, or the Juvenile Court;
iii) documents in the personnel file of a social worker or probation officer.
(2) Persons or Entities Entitled to Inspect Juvenile Case Files. Welfare and Institutions Code section 827(a)(1) and California Rules of Court, rule 5.552(b), set forth the persons and entities entitled to inspect juvenile case files without a court order. However, such inspection does not include: (i) court file documents that are placed in confidential envelopes (unless the person seeking to inspect these documents is the subject of the documents or attorney for the subject); or (ii) privileged documents in the DCFS or Probation Department file. Persons or entities that are entitled to inspect juvenile case files pursuant to Welfare and Institutions Code section 827 include:
a) Court personnel,
b) Attorney authorized to prosecute adult criminal or juvenile matters under California law (district attorney, city attorney, city prosecutor), or his or her agent with proper proofof affiliation,
c) Subject child,
d) Subject child's parent or legal guardian,
e) Attorneys for the parties including appellate attorneys representing a party in a Juvenile Court proceeding, or the agents of such attorneys with proper proof of affiliation, and judicial officers, probation officers and law enforcement officers who are actively participating in a criminal or juvenile proceeding involving the child as a party, victim, or witness,
f) Superintendent or designee of the school district where the child is enrolled or attending school (see also Welf. & Inst. Code, § 828.3),
g) Member of child protective agencies per Penal Code section 11165.9 (police, sheriff, Probation Department, DCFS),
h) State Department of Social Services for the purposes delineated in Welfare and Institutions Code section 827(a)(1)(H);
i) State Department of Social Services legal staff or special investigators for the purposes delineated in Welfare and Institutions Code section 827(a)(1)(I),
j) Members of children's multi-disciplinary teams (see also Welf. & Inst. Code, §§ 830 & 830.1, and 18951(d)), and persons or agencies who are currently providing treatment or supervision of the minor including but not limited to:
i) Physicians, surgeons or other health care providers as defined in Business and Professions Code section 6146(c)(2) and Penal Code section 11165.7(a)(21);
ii) Psychotherapists as defined in Evidence Code section 1010;
iii) Sexual assault or domestic violence counselors as defined in Evidence Code sections 1035.2 and 1037.1;
iv) Group home or foster family agency social workers/case managers (see also Welf. & Inst. Code, § 18951(d)(4));
v) Regional Center consumer service coordinators.
k) Family law judicial officer assigned to hear issues regarding custody and/or visitation, and if actively participating in a family law case: court-appointed counsel for the child, family court mediator, court-appointed evaluator, or person conducting a court-connected child custody evaluation, investigation or assessment pursuant to Family Code section 3111 or 3118;
l) Court-appointed investigator who is actively participating in a guardianship case;
m) Local child support agency for the purpose of establishing paternity and establishing and enforcing child support orders; and
n) Juvenile justice commissions established under Welfare and Institutions Code section 225.
(3) Persons or Entities Entitled to Copy Juvenile Case File Documents Without Court Order. Persons or entities that are entitled to inspect a juvenile case file may obtain a copy of the file except for documents that are confidential pursuant to a protective order or documents that are confidential pursuant to other state law or federal law or regulation (e.g., psychotropic medication authorization requests and Evidence Code § 730 evaluations). Such documents shall be placed in confidential envelopes.
A protective order may be issued upon the motion of a party or attorney for a party in a juvenile matter to keep certain records confidential (e.g., mental health, medical or educationalrecords, criminal history printouts, or police reports). However, a subject of, or an attorney for a subject of, records under a protective order may obtain a copy of the records regardless of a protective order.
The requesting party shall bear the cost of the copying except for the following persons or entities:
a) Children in a pending Juvenile Court matter, and counsel appointed to represent children pursuant to Welfare and Institutions Code section 317 or 634;
b) State, county or other governmental agencies, or their counsel;
c) Persons who have obtained a waiver of court fees and costs pursuant to California Rules of Court, rule 3.50 et seq.
(4) Persons or Entities Entitled to Disseminate Juvenile Case File Documents Without Court Order. A person or entity that is entitled to inspect and copy a juvenile case file may disseminate juvenile case file documents or information only under either of the following circumstances:
a) To other persons or entities that are also entitled to inspect and copy a juvenile case file;
b) By attaching such documents or information to any other record used in connection with and in the course of a criminal investigation or a proceeding brought to declare a person a dependent child or ward of the Juvenile Court.
This Rule does not supercede the right of a defendant in a criminal matter to obtain exculpatory juvenile case file evidence from the prosecution in accordance with Brady v. Maryland (1963) 373 U.S. 83. Records released pursuant to Brady may be used in the criminal proceeding without obtaining an order from the Presiding Judge of the Juvenile Court.
If a person or entity that is entitled to inspect a juvenile case file needs to disseminate documents or information except as stated above, the person or entity must file a petition with the Presiding Judge of the Juvenile Court.
(5) Persons or Entities that Need a Court Order to Access Juvenile Case Files. Any other person or entity that is not listed in subsection 17.1(a)(2) above must file a petition with the Presiding Judge of the Juvenile Court to inspect, copy, and/or disseminate juvenile case file documents or information.
(6) Access to Delinquency Records or Information Involving Offense(s) Listed in Welfare and Institutions Code section 676(a). The name of a child who is alleged to have committed one of the offenses listed in Welfare and Institutions Code section 676(a) shall not be confidential, unless the Juvenile Court orders the name to be confidential based on good cause. If a child is accused of committing such an offense, the following documents shall be available for public inspection after the petition against the child has been sustained:
a) The charging petition;
b) The minutes of the proceeding; and
c) The orders of adjudication and disposition of the Court.
The Court may grant a request by any party or probation officer to prohibit disclosure of the above documents if it appears that the harm to the child, victims, witnesses, or public from the public disclosure outweighs the benefit of public knowledge. If the Court finds that the reason for prohibition is to protect the safety of the child, the Court must make the finding in writing.
(Rule 17.1(a) [as Access to Juvenile Court Records 5/1/99, amended & new text added, 7/1/06] amended and effective 1/1/08.)
(b) Welfare and Institutions Code Section 827 Petitions. All Petitions for Disclosure of Juvenile Court Records (Judicial Council Form JV-570) shall be filed at the Juvenile Court:
Superior Court Clerk's Office
Edmund D. Edelman Children's Court
201 Centre Plaza Drive
Monterey Park, CA 91754-2158
(323) 526-6645
Fax: (323) 881-3794.
The forms are available at the Clerk's Office or on the Judicial Council website at www.courtinfo.ca.gov/forms. All Welfare and Institutions Code section 827 petitions will be forwarded to the Juvenile Court Presiding Judge's Office for further action.
(1) Filing Petition. Petitioner shall submit the original petition for filing. If a conformed copy of the received petition is requested, additional copies with a self-addressed stamped envelope must be included.
(2) Completing Petition. Failure to complete the petition as specified below may result in the denial of the petition without prejudice.
a) Specific Information Must be Provided. The petition must provide the following information in order to establish good cause for access:
i) The specific records being sought, and
ii) The type of access. If the petitioner seeks to inspect or copy records, the petitioner must state the specific reasons for such access. If the petitioner is seeking to disseminate the records, the petitioner must indicate to whom dissemination is sought and the purpose of dissemination.
b) Records Including More Than One Child. Where more than one child is included in a juvenile case file, the court may order the names and/or information of the other children redacted as a condition to granting access or copies of the record. Alternatively, the court may prohibit disclosure of the record where redaction is not practical or possible. In such cases, the petitioner may specifically request access to all children.
c) Access for Purposes of Civil Litigation. If access is sought in relation to a pending civil litigation, the petitioner must attach a copy of the complaint, if any.
i) Guidelines for Disclosure of Juvenile File Records. Access to juvenile case file records for purposes of civil litigation will be granted consistent with the guidelines set forth in Navajo Express v. Superior Court of San Mateo County (1986) 186 Cal.App.3d 981.
d) Medical, Psychiatric, and Education Records. Except in limited situations where medical, psychiatric, and education records, including Evidence Code section 730 evaluations and psychotropic medication authorization requests, are available to a child's parent, legal guardian, or holder of a child's education rights such confidential records will be placed in confidential envelopes in the court file and may only be accessed by the subject of the record or his or her attorney. (This is not meant to preclude parties or their attorneys in a proceeding while the case is still pending from obtaining a copy of a report used during the proceedings and previously distributed to all parties during the proceedings.) To obtain access to medical, psychiatric, oreducation records contained in the juvenile case file, the petitioner must: (1) specifically request such records, and (2) state specific reasons why the records should be disclosed. The Presiding Judge of the Juvenile Court or his or her designee must determine if good cause exists for the release of medical, psychiatric, or education records based on the stated reasons.
e) Subpoenaed Records. Confidential or privileged records received by subpoena and not used and/or distributed to the parties during the proceedings shall be placed in a separate confidential envelope marked as such. The subpoenaed records shall only be available to the subject of the records and the subject's attorney. Any other access to the subpoenaed records may only be by court order pursuant to Welfare and Institutions Code section 827.
f) Child Abuse Reports. Child abuse reports not in the court file are confidential pursuant to Penal Code section 11165 et seq., and can only be disclosed to persons and agencies provided in those sections or by court order. To obtain access to child abuse reports, the petitioner must: (1) specifically request such reports, and (2) state specific reasons why the reports should be disclosed. The Presiding Judge of the Juvenile Court or his or her designee must determine if good cause exists for the release of the child abuse reports based on the stated reasons.
(3) Notice. At least five calendar days before the petition is filed with the court, the petitioner shall serve, or attempt to serve, a copy of the petition on the appropriate parties either personally or by first class mail.
a) Dependency Proceedings.
i) If the petitioner seeks access to juvenile case file records on a child who is currently under the jurisdiction of the Dependency Court, notice of the petition shall be served on: the child if ten years or older, the attorney of record for the child, the parent(s) or legal guardian(s) of the child, County Counsel, and DCFS.
ii) If the petitioner seeks access to juvenile case file records on a child who was a dependent of the Juvenile Court, notice of the petition shall be served on: the child if ten years or older, the parent(s) or legal guardian(s) of the child, County Counsel, and DCFS.
iii) If the petitioner seeks access to juvenile case file records on a child who has had contact with DCFS but no petition has been filed, notice of the petition shall be served on: the child if ten years or older, the parent(s) or legal guardian(s) of the child, County Counsel, and DCFS.
b) Delinquency Proceedings.
i) If the petitioner seeks access to juvenile case file records on a child who is currently under the jurisdiction of the Delinquency Court, notice of the petition shall be served on: the child if eight years or older, the attorney of record for the child, the parent(s) or legal guardian(s) of the child who is under 18 years old, the District Attorney, and the Probation Department.
ii) If the petitioner seeks access to juvenile case file records on a child who was under the jurisdiction of the DelinquencyCourt, notice of the petition shall be served on: the child if eight years or older, the parent(s) or legal guardian(s) of the child who is under 18 years old, the District Attorney, and the Probation Department.
iii) If the petitioner seeks access to juvenile case file records on a child who has had contact with the Probation Department but no petition has been filed, notice of the petition shall be served on: the child if eight years or older, the parent(s) or legal guardian(s) of the child if the child is under 18 years old, District Attorney, and the Probation Department.
c) Informal Juvenile and Traffic Court Proceedings. If the petitioner is seeking access to juvenile case file records on a child who appeared or has a pending matter in the Informal Juvenile and Traffic Court, notice of the petition shall be served on: the child if eight years or older and the parent(s) or guardian(s) of the child who is under 18 years of age.
(4) Objections. Any objections to the petitioner's request for access to the juvenile case file must be submitted in writing to, and received by, the Presiding Judge of the Juvenile Court no later than: (a) 15 calendar days after date of service, if served by fax or personal service, or (b) 20 calendar days after date of service, if served by mail. In order to receive a copy of the court's decision on the petition, the person or agency filing an objection must include a self-addressed, stamped envelope.
a) Time for Objection Shortened for Good Cause. Petitioner may request that the time allowed to file an objection be shortened to a specific date. Petitioner must provide a separate declaration stating specific reasons why the objection period should be shortened. The Presiding Judge of the Juvenile Court or his or her designee will approve or deny the request based on whether good cause has been established in the declaration, or the matter may be set for a hearing.
(5) Court Ruling on Petition. The Presiding Judge of the Juvenile Court or his or her designee will approve or deny the petition, or set the matter for a hearing. If a petition involves an active case, the petition may be delegated to the court of record. Within seven court days from the receipt of the petition, the judicial officer must approve or deny the delegated petition, or set the matter for a hearing.
(6) Case Files of Deceased Dependent Children. If a child dies while he or she is under the jurisdiction of the Dependency Court, the juvenile case file of that child must be released to the public upon the filing of a petition, and after notice and an opportunity to object have been provided to interested parties.
The Presiding Judge of the Juvenile Court or his or her designee may limit or prohibit release of the juvenile case file, or any portion thereof, if the Presiding Judge or his or her designee finds that release of the information is detrimental to the safety, protection, or physical, or emotional well-being of another child who is directly or indirectly connected to the dependency case that is the subject of the petition.
Information relating to another child or which could identify another child shall be redacted from any records prior to release, unless the Presiding Judge of the Juvenile Court or his or her designee orders otherwise.
(Rule 17.1(b) [as Welfare and Institutions Code sections 827 & 828 Petitions 5/1/99] amended and new text added, effective 7/1/06.)
(c) Access to Probation and Department of Children and Family Services Records. A person or entity who may inspect juvenile case files pursuant to Welfare and Institutions Code section 827(a)(1) or who has a court order from the Presiding Judge of the Juvenile Court or his or her designee may access DCFS or Probation Department files by contacting the respective agency listed below:
Los Angeles County Probation Department
Custodian of Records
Hall of Records
320 W. Temple St., Suite 180
Los Angeles, California 90012
TEL: (213) 974-9029
Department of Children and Family Services
Subpoena Liaison
201 Centre Plaza Dr., First Floor
Monterey Park, California 91754-2159
TEL: (323) 526-6891
(Rule 17.1(c) [5/1/99] amended and effective 7/1/06.)
(Rule 17.1 [7/1/96, 5/1/99, 7/1/06] amended and effective 1/1/08.)
17.2 PUBLIC AND MEDIA ACCESS
(a) Access to Specific Proceedings. Pursuant to Welfare & Institutions Code sections 346 and 676, dependency and delinquency proceedings are closed to the public unless the judicial officer in the courtroom grants access to the proceedings.
(1) Access to Specific Dependency Court Proceedings. Pursuant to Welfare and Institutions Code section 346, a member of the public shall not be admitted to a dependency court hearing unless: (a) a parent/guardian makes a request for admission of a person, and the minor who is the subject of the petition consents, or (b) the subject minor makes a request for admission of a person, or (c) the judicial officer admits a person who he or she deems to have a direct and legitimate interest in a particular case or the work of the court.
(2) Access to Specific Delinquency Court Proceedings. Generally, pursuant to Welfare and Institutions Code section 676, a member of the public shall not be admitted to a juvenile delinquency court hearing unless: (a) the minor who is the subject of the petition and any parent/guardian who is present request admission of a person, or (b) the judicial officer admits a person who he or she deems to have a direct and legitimate interest in the particular case or the work of the court.
a) Exceptions for Serious Violent Offenses. Members of the public shall be admitted to a delinquency court hearing that concerns a delinquency petition alleging the minor has violated one of the serious violent offenses listed in Welfare and Institutions Code section 676(a). However, where the petition filed alleges the minor has committed rape, sodomy, oral copulation, or rape with a foreign or unknown object, the public shall not be admitted to a juvenile delinquency hearing under the following circumstances: (a) upon the victim's request, the district attorney makes a motion for a closed hearing, or (b) during the victim's testimony, if the victim was under 16 yearsof age at the time of the offense.
(3) Conditions of Admission to Specific Proceedings. Where the public/media is admitted into a juvenile court proceeding, the following must be observed:
a) A member of the public or media representative must provide appropriate identifying information upon request to the court bailiff or clerk.
b) A member of the public or media representative shall conduct himself or herself in a manner consistent with the decorum and dignity of the courtroom.
c) Any requests to photograph, record, or broadcast a juvenile court proceeding shall be in accordance with California Rules of Court, rule 1.150
(Rule 17.2(a) [7/1/06] amended and effective 1/1/08.).
(b) Observation Orders for Educational Purposes. For the purpose of general education regarding the juvenile court system, requests to observe a juvenile court proceeding may be filed in the office of the Presiding Judge of the Juvenile Court. Such requests must specify the reason for the observation and shall be filed in a timely manner to assure the Presiding Judge has time to consider the request and make the appropriate arrangements. Authorizations for court observation prohibit: (1) interviews of the parties, attorneys or court staff, (2) photography, voice recording, and/or videotaping, and (3) public release of any information obtained in court that identifies individuals or cases. Access to particular proceedings is subject to the discretion of the judicial officer in the courtroom.
(Rule 17.2(b) amended and effective 7/1/06.)
(c) Requests for Interviewing, Photographing, Videotaping, or Voice Recording of Dependent/Delinquent Children. A person or media representative must obtain a court order from the Presiding Judge of the Juvenile Court prior to contacting a child if:
(1) The person or media representative seeks to interview, photograph, videotape or voice record a child, who the person knows, or has reason to know, is under juvenile court jurisdiction and has been removed from the physical custody of the parent or legal guardian, and
(2) Confidential information regarding the child's case or dependency or wardship status may or will be disclosed as a result of the interviewing, photographing, videotaping, or voice recording.
Requests may be sent to:
Juvenile Court Presiding Judge's Office
Edmund D. Edelman Children's Court
201 Centre Plaza Dr., Suite 3
Monterey Park, California 91754-2158
FAX: (323) 881-3794.
(3) Access to Dependent or Delinquent Children Without Court Permission. This rule does not prevent dependent or delinquent children from initiating contact with any person or media representative without court permission. Additionally, this rule does not limit contact between any person or media representative and families, attorneys, detention facilities, or court-ordered placements without court permission.
(4) Right to Refuse. Conversely, nothing in this rule is intended to suggest that children, their families, attorneys, or personnel of detention facilities or placements have anyobligation to agree to an interview or to provide information to media representatives.
(5) Request Forms. Request forms ("Requests") [Appendix 2] are available at:
Superior Court Clerk's Office
Edmund D. Edelman Children's Court
201 Centre Plaza Drive
Second Floor, Room 2700
Monterey Park, CA 91754-2158
(323) 526-6645
Failure to complete all sections of the form with specific information may result in a denial of the request without prejudice.
(6) Notice. At least five calendar days before the Request is filed with the court, the person initiating the Request shall serve, or attempt to serve, a copy on the appropriate parties either personally, by fax, or by first class mail.
In dependency proceedings, notice shall be served on: the child, attorney of record for the child who remains a dependent of the court, parent(s) or guardian(s) of the child who is under 18 years of age or their attorney, County Counsel, and Department of Children and Family Services ("DCFS").
In delinquency proceedings, notice shall be served on: the child, attorney of record for the child who remains a ward of the court, parent(s) or guardian(s) of the child who is under 18 years of age, District Attorney, and Probation Department.
a) Objections. Any objections to the petitioner's Request shall be submitted in writing to, and received by, the Juvenile Court Presiding Judge no later than: (a) 15 calendar days after date of service, if served by fax, electronic mail, or personal service, or (b) 20 calendar days after date of service, if served by mail. In order to receive a copy of the court's decision on the Request, the person/agency filing an objection shall include a self-addressed envelope.
i) Time for Objection Shortened for Good Cause. Petitioner may request the time allowed for objections to be shortened. Petitioner must provide timely notice to ensure any person/agency has an opportunity to object, and establish good cause why the objection period should be shortened. The Presiding Judge of the Juvenile Court will approve or deny the request based on whether good cause has been established in the Request, or the matter may be set for a hearing.
(7) Ex Parte Requests. The Presiding Judge may grant a Request on an ex parte basis, without notice as defined in Rule 17.2(c)(6), if it is shown by declaration or affidavit that good cause exists why required notice could not be given or should not be given.
(8) Evaluation on Case-by-Case Basis.
a) Detrimental to Child's Best Interests. The Presiding Judge, or his or her designee, shall not deny the Request unless the court finds a reasonable likelihood that the requested contact will be detrimental to the child's best interests.
b) Burden of Proof. The burden of showing detriment to the child shall be on the person or agency opposing the Request.
c) Factors Court May Consider. In making its determination, the court may consider, but is not limited to, the following factors: age of the child, nature of the allegations in the case, child's expressed desire, child's physical and emotional health, extent of the present or expected publicity and its effect, if any, on the child and his or her family.
d) Protective Orders. Where it is necessary to protect the best interests of a child, the court may issue additional protective orders to maintain the confidentiality of the child's name and/or identity.
(9) Prompt Determination of Request. The court shall make a determination on the Request, or set a hearing, within 5 court days of the final day for filing oppositions.
(10) Particularized Findings Where Request Is Denied. If the court denies the Request, it shall issue particularized findings as to why such denial is necessary to serve the child's best interests.
(Rule 17.2(c) [5/1/99] amended and effective 7/1/06.)
(d) Research Requests. Persons or agencies who want to conduct research involving children under juvenile court jurisdiction for educational, scientific or public policy purposes must petition the Presiding Judge of Juvenile Court for a court order. (See Appendix 3.)
(1) Petition Process.
a) Notice. At least five calendar days before the petition is filed with the court, petitioner shall serve, or attempt to serve, a copy of the petition on the appropriate agencies and other interested parties either personally or by first class mail.
Research proposals involving dependent children shall be sent to the following:
Department of Children and Family Services
Bureau of Information Services, Research Unit
425 Shatto Place, Room 401
Los Angeles, CA 90020
Phone: (213) 351-5696
Fax: (213) 637-4557
County Counsel's Office
201 Centre Plaza Drive, Suite 1
Monterey Park, CA 91754
Children's Law Center of Los Angeles
201 Centre Plaza Drive, Suite 10
Monterey Park, CA 91754
Attn: Executive Director
Juvenile Courts Bar Association
201 Centre Plaza Drive
Monterey Park, CA 91754
Research proposals involving delinquent children shall be sent to the following:
Los Angeles County Probation Department
Quality Enhancement Office
Research Unit, C-29
9150 East Imperial Highway
Downey, CA 90242
TEL: (562) 940-2626 or (562) 940-2753
FAX: (562) 803-0389
District Attorney's Office
Head Deputy - Juvenile Division
100 Oceangate, Suite 500
Long Beach, CA 90802
Public Defender's Office
Head Deputy - Juvenile Division
590 Hall of Records
320 W. Temple Street
Los Angeles, CA 90012
Alternate Public Defender's Office
Juvenile Division
1055 Wilshire Blvd., Suite 850
Los Angeles, CA 90017
b) Objections. Any objections to the petitioner's request for access to juvenile records must be submitted in writing to, and received by, the Juvenile Court Presiding Judge no later than: (a) 15 calendar days after date of service, if served by fax or personal service, or (b) 20 calendar days after date of service, if served by mail. In order to receive a copy of the court's decision on the petition, the person/agency filing an objection shall include a self-addressed envelope.
(2) Completing the Petition. The petition must be submitted using the "Petition and Order for Research" form [Appendix 6] and include a copy of any materials/questions to be utilized in the research. Petitions connected with research through a university or school must include a letter of approval from their Human Subjects Committee, or faculty advisor for a student request. The petitioner must provide in detail:
a) the purpose of the proposed research project,
b) a description of the information for which access is requested,
c) a description of the subjects of the research,
d) the methodology to be used to obtain the information,
e) estimated start and completion dates, and
f) any benefits the proposed project may have for the Court, DCFS or Probation Department.
(3) Requirements. The petitioner must agree to all of the following requirements:
a) pay any and all costs incidental to the research/record search,
b) abide by all laws regarding confidentiality and the policies and proceduresof DCFS, the Probation Department and the Court,
c) insure no unauthorized person or agency has access to case specific information released to the petitioner,
d) insure names and identifying information of minors are not used in any published documents (i.e., reports, evaluations),
e) schedule access with the appropriate departments,
f) submit all reports using case specific information for approval, prior to publication,
g) provide copy of all research reports upon completion to the appropriate agency and the Court.
(Rule 17.2(d) [5/1/99] amended and effective 7/1/06.)
(Rule 17.2 [7/1/96, 5/1/99, 7/1/06] amended and effective 1/1/08.)
17.3 MEDICAL CONSENT PROGRAM
(a) Medical Consent. Welfare and Institutions Code sections 369 and 739 set forth the responsibilities of the court, social worker and probation officer for handling medical consent matters for minors in dependency and delinquency. In Los Angeles County, the Department of Children and Family Services (DCFS) is responsible for obtaining required court authorization or for authorizing necessary medical care for minors who come within the provisions of Welfare and Institutions Code section 300 (abused and neglected children), and the Probation Department is responsible for obtaining these authorizations for minors who come within the provisions of Welfare and Institutions Code sections 601 and 602 (status offenders and delinquent minors, respectively).
During court hours these matters shall be handled according to DCFS and Probation procedures. Only where a minor has been taken into temporary custody and the parents object to the treatment is it necessary for the Court to intervene. ( See Welf. & Inst. Code, §§ 369(a) and 739(a)). In 1993, the Juvenile Court Presiding Judge issued a blanket order authorizing DCFS social workers to consent in this situation for children covered by Welfare and Institutions Code section 369(a).
(Rule 17.3(a) [7/1/96] amended and effective 7/1/05.)
(b) Notification. In any case where the Court intervenes in providing consent for a medical procedure, the Court shall ensure that notice of the procedure and request for consent are given to the child's attorney and Court-Appointed Special Advocate (CASA) at the earliest practicable time.
(Rule 17.3(b) Notification added and effective 7/1/05.)
(c) Emergency Medical Consent. Emergency Medical Consent can be obtained though the respective agencies responsible for the minor, either DCFS or Probation. DCFS and Probationprovide this Medical Consent service 24 hours a day, each day of the year. Pursuant to Welfare and Institutions Code sections 369(d) and 739(d) the social worker or probation officer, after making reasonable efforts to obtain parental consent, has the authority to grant "emergency medical treatment" for any minor who "requires immediate treatment for the alleviation of severe pain or an immediate diagnosis and treatment of an unforeseeable medical, surgical or dental, or other remedial condition or contagious disease which, if not immediately diagnosed and treated, would lead to serious disability or death" without involving the Court.
(Rule 17.3(c) [originally (b) 7/1/96] renumbered, amended and effective 7/1/05.)
(Rule 17.3 [7/1/96] amended and effective 7/1/05.)
17.4 LIFE-SUSTAINING MEDICAL TREATMENT (LSMT)
(a) Policy. The Court has authority to order the withdrawal of Life-Sustaining Medical Treatment for children subject to Juvenile Court jurisdiction, including, but not limited to, children who are in a permanent unconscious condition, or who are in a terminal condition.
(Rule 17.4(a) [7/1/96, 1/1/99] amended and effective 7/1/05.)
(b) Former "Baby Doe Policy".
(1) The 1993 Juvenile Court "Baby Doe Policy," has been renamed Life-Sustaining Medical Treatment (LSMT) and is now contained in this rule.
(2) Brain Death. Children determined to be brain dead in accordance with the procedures set forth in Health and Safety Code section 7181 are not subject to Local Rule 17.4. Brain dead is defined by Health and Safety Code section 7180. Once a patient is determined brain dead and such condition is confirmed by an independent physician pursuant to Health and Safety Code section 7181, the patient is legally dead and no criminal or civil liability will result from the termination of LSMT. Physicians do not need court consent to terminate LSMT for any patient, adult or minor, who is legally dead. (Rule 17.4(b) [7/1/96, 1/1/99] amended and effective 7/1/05.)
(c) Court Designation. Motions and hearings regarding the commencement, continuation or cessation of LSMT shall be filed and heard in the department to which the case is assigned.
(Rule 17.4(c) new 1/1/99.)
(d) Definitions.
(1) Life-Sustaining Treatment: Any medical procedure or intervention that will serve only to prolong a state of unconsciousness where there is a reasonable degree of medical authority that such state of unconsciousness is permanent, or prolong a terminal condition.
(2) Permanent Unconscious Condition: An incurable and irreversible condition that, within reasonable medical judgment, renders the patient in an irreversible coma or persistent vegetative state.
(3) Terminal condition: An incurable and irreversible condition that, without the administration of life-sustaining treatment, will, within reasonable medical judgment, result in death within a relatively short time.
(Rule 17.4(d) [1/1/99] amended and effective 7/1/05.)
(e) Juvenile Court Jurisdiction. The Juvenile Court, upon a written recommendation from a licensed physician and/or surgeon, and after due notice to the parent, guardian, or person standing in loco parentis, may make an order authorizing the performance of necessary medical, surgical, dental, or other remedial care. (See Welf. & Inst. Code, § 369 (b).) This rule grants the Juvenile Court limited jurisdiction to terminate LSMT in cases where:
(1) The minor has been detained (i.e., taken into temporary protective custody by the Department of Child(ren) and Family Services (DCFS) pending the filing of a dependency petition); or
(2) A Juvenile Court petition has been filed on a minor; or
(3) The minor has been declared, and remains, a dependent child of the Juvenile Court. (Rule 17.4(e) [1/1/99] amended and effective 7/1/05.)
(f) Notice. Petitioner shall serve all necessary parties with any motion regarding LSMT in accordance with Local Rule 17.15, and the petitioner shall comply with the time lines for notice contained therein. Necessary parties to receive notice of motion in accordance with this local rule shall include all attorneys of record, mother, all alleged and presumed fathers, the legal guardian of the child, if any, the current caretaker of the child, and any Court-Appointed Special Advocate (CASA) appointed to represent the child. If a parent's whereabouts are unknown and a duediligence for that parent is not currently on file and in effect, then a due diligence report must be provided at the time of the hearing of the motion. Any motion to withdraw LSMT cannot proceed to hearing unless proof of service of proper notice on all necessary parties has been provided to the Court.
(Rule 17.4(f) [1/1/99] amended and effective 7/1/05.)
(g) Court Procedures.
(1) Attorney Appointment: The Court shall appoint an attorney to represent the minor (if the minor does not already have one) to ensure the best interests of the minor are protected;
(2) Medical Opinions: Two independent medical opinions, based upon a thorough examination of the minor, shall be obtained on whether there is a reasonable possibility that LSMT will benefit the minor, and the appropriateness of the continuation or discontinuation of LSMT;
(3) Balancing Test: The Court shall conduct a hearing with live medical testimony to determine what course of action is in the minor's best interests. The Court must balance the benefits gained against the burdens attendant to the treatment for the minor. Financial factors shall not be considered in the balancing test; and,
(4) Burden of Proof: The ruling must be based upon clear and convincing evidence of the minor's best interests.
(Rule 17.4(g) [1/1/99] amended and effective 7/1/05.)
(h) Best Interests Standard. The decision when to continue or withdraw LSMT for minors is a very difficult one. The Court shall base this decision on what is in the child's "best interests." In balancing the benefits gained versus the attendant burdens, the Court must determine if the proposed treatment is proportionate to the benefit or burden contemplated. Treatment, which has at least a reasonable chance of providing benefits to the minor, and which benefits outweigh the burdens, is considered proportionate. This requires case by case analysis.
(Rule 17.4(h) new 1/1/99.)
(i) Factors. Consideration of the following factors may assist the Court in determining whether the continuation or withdrawal of LSMT is in the minor's "best interests":
(1) Evidence about the minor's present level of physical, sensory, emotional and cognitive functioning;
(2) The degree of physical pain resulting from the medical condition, treatment, and termination;
(3) The degree of humiliation, dependence and loss of dignity probably resulting from the condition and treatment;
(4) The quality of life, life expectancy and prognosis for recovery with and without treatment;
(5) The various treatment options, and the risks, side effects and benefits of each of those options; and
(6) Whether the minor's preference has been or can be ascertained; the weight of such preference depends upon the maturity of the minor.
(Rule 17.4(i) [as (h)(1) 1/1/99] renumbered, amended and effective 7/1/05.)
(j) Medical Neglect of Disabled Infants With Life-Threatening Conditions. Pursuant to the requirements of the Federal Child Abuse and Prevention Treatment Act (CAPTA) (42 U.S.C.A., § 5101 et seq.), LSMT decisions regarding disabled infants with a life-threatening condition require special consideration.
(1) Definition of Medical Neglect. The CAPTA has defined medical neglect for this purpose to include, but not limited to, "the withholding of medically indicated treatment from a disabled infant with a life-threatening condition."
(2) Definition of Withholding Medically Indicated Treatment. "The failure to respond to the infant's life-threatening conditions by providing treatment (including appropriate nutrition, hydration, and medication) which in the treating physician's (or physicians') reasonable medical judgment, will be most likely to be effective in ameliorating or correcting all such conditions."
(3) Exemption/Federal Law Regarding LSMT Decisions. A physician may withhold treatment (other than appropriate nutrition, hydration, or medication) to an infant when in the treating physician's (or physicians') reasonable medical judgment:
i. The infant is chronically and irreversibly comatose; or
ii. The provision of such treatment would merely prolong dying, not be effective in ameliorating or correcting all of the infant's life-threatening conditions, or otherwise be futile in terms of the survival of the infant; or
iii. The provision of such treatment would be virtually futile in terms of the survival of the infant and the treatment itself under such circumstances would be inhumane.
(4) Resolution of Potential Conflict Between Local Rule 17.4 and Federal Law. In the event that there is a conflict between Local Rule 17.4 and the CAPTA regarding withdrawal or withholding of LSMT, the most restrictive provisions and procedures between the two shall prevail.
(Rule 17.4(j) [as (i) 1/1/99, renumbered, amended, and (j)(4) added 7/1/05] amended and effective 1/1/08.)
(Rule 17.4 [7/1/96, 1/1/99, 7/1/05] amended and effective 1/1/08.)
17.5 PROCEDURES FOR HIV/AIDS TESTING OF DEPENDENT CHILDREN
(a) Policy. The Juvenile Court finds that it is necessary to engage in early intervention and to provide treatment for dependent children who are infected with the human immunodeficiency virus (HIV), the probable causative agent of acquired immune deficiency syndrome (AIDS).
(Rule 17.5(a) amended and effective 7/1/05.)
(b) Subject to Testing Without Court Order. If a child is taken into temporary custody pursuant to Sections 306(a)(2) and 309(b) of the Welfare and Institutions Code and no petition has been filed with the Dependency Court, the Department of Children and Family Services (DCFS) may conduct HIV testing on the child without a court order if the child meets all of the following criteria:
(1) Child is under the age of 12 years as of the date the consent form is signed by DCFS; and
(2) Child is placed in out-of-home care; and
(3) Child's parent(s)/legal guardian(s) have refused to provide consent or their whereabouts are unknown; and,
(4) (i) Child's parent has one or more of the following risk behaviors: history of prostitution; intravenous drug use; hypodermic needle-sharing; and/or multiple sex partners whose personal histories are either unknown or known to include one or more of the above-cited risk behaviors; or
(ii) child is a victim of sexual abuse, the nature of which has placed the child at risk of exposure to HIV.
Pursuant to Welfare and Institutions Code section 369 order of the Presiding Judge of the Juvenile Court, the Director of the Los Angeles County Department of Children and Family Services (DCFS) or the Director's designee, is authorized to consent to the child's evaluation for the presence of HIV infection and to receive the results of such testing and any diagnosis(es) derived therefrom.
If a Welfare and Institutions Code section 300 petition is subsequently filed, DCFS shall submit to the Court a request for disclosure of the test result or diagnosis prior to releasing the test result or diagnosis to any party or individual. (Welf. & Inst. Code, § 369; Health & Saf. Code, § 121020.)
(Rule 17.5(b) amended and effective 7/1/05.)
(c) Authorization for Testing by Court Order. If a child is detained and a petition has been filed with the Dependency Court, DCFS shall obtain a court order under the following circumstances.
(1) Children under the age of 12 years. If a child is under the age of 12, the child is deemed not competent to give consent for testing. As such, DCFS shall request a court order for testing of children under the age of 12 where (i) the parent or legal guardian refuses to provide consent, or (ii) there is no parent or legal guardian capable of providing consent.
(2) Children 12 years of age or older. If a child is 12 years of age or older and competent, the child shall be provided an opportunity to consent for testing. DCFS shall only seek a court order for testing of a child 12 years of age or older if the child refuses to consent to testing or the child is incompetent to make an informed decision.
(3) Factors for Court Authorization to Test. Where DCFS requests a court order for testing, the Court may consider the following factors in determining whether to grant the request:
a) Age of the child; and
b) Child is placed in out-of-home care; and
c) Child's parent(s) or legal guardian(s) have refused to provide consent or their whereabouts are unknown; and
d) (i) Child's parent has one or more of the following risk behaviors: history of prostitution, intravenous drug use, hypodermic needle-sharing, and/or multiple sex partners whose personal histories are either unknown or known to include one or more of the above-cited risk behaviors; or
(ii) Child is a victim of sexual abuse, the nature of which has placed the child at risk of exposure to HIV.
(4) Notification of Request for Testing. In any case where the Court orders testing, the Court shall ensure that notice of the request is given to the child's attorney and Court-Appointed Special Advocate (CASA), if any, at the earliest practicable time. (Health & Saf. Code, § 121020; Fam. Code, § 6926.)
(Rule 17.5(c) newly added 7/1/05.)
(d) Disclosure of Confidential Test Result or Diagnosis.
(1) Children 11 years of age and under. If authorization for testing is obtained pursuant to this rule, DCFS shall provide the Court with the result of such test in a sealed envelope marked "confidential." DCFS shall also submit a request to seek the disclosure of the test result or diagnosis to any party or individual. The request should include disclosure to the child's attorney, out-of-home placement caregivers, parents (unless their parental rights have been terminated), legal guardian, prospective adoptive parents, dentist or mental health practitioner who is currently providing professional services to the child, the nature of which creates a legal need to know the child's HIV status.
(2) Children 12 years of age and older. The child is to be taken to his or her health care provider regarding the result or diagnosis(es). DCFS must obtain a court order prior to releasing confidential test result or diagnosis(es) if the child refuses to give consent for such release and DCFS believes there is a compelling reason to disclose against the child's wishes.
(3) Court Order for Disclosure of Test Results. DCFS may not disclose the test results and any diagnosis(es) derived therefrom to any other parties, but may petition the judicial officer hearing the matter for such disclosure, upon a showing of good cause.
(Rule 17.5(d) newly added 7/1/05.)
(e) Report for Presiding Judge of the Juvenile Court. DCFS is directed to report to the Presiding Judge of the Juvenile Court, on a quarterly basis, the names and case numbers of the children who have been tested pursuant to this rule.
(Rule 17.5(e) newly added 7/1/05.)
(Rule 17.5 [7/1/96] rule title, (a) and (b) text amended, (c), (d) and (e) added and effective 7/1/05.)
17.6 PRESCRIPTION AND ADMINISTRATION OF PSYCHOTROPIC MEDICATIONS FOR DEPENDENTS AND WARDS OF THE JUVENILE COURT
The "Psychotropic Medication Protocol" governs the prescription and administration of psychotropic medications to children who are under the jurisdiction of the Juvenile Court. If a child is a dependent of the Juvenile Court pursuant to Welfare & Institutions Code section 300 and the child has been removed from the custody of the parent pursuant to Welfare and Institutions Code section 361, the prescribing physician must obtain authority from the Court regarding the prescription and administration of psychotropic medications for that child. If a child is a ward of the Juvenile Court pursuant to Welfare and Institutions Code sections 601 or 602, absent authorization of a parent or legal guardian, the prescribing physician must obtain court approval regarding the prescription and administration of psychotropic medications for that child. For a copy of the current protocol, contact any Los Angeles Juvenile Court Clerk's Office or the Edmund D. Edelman Children's Court Clerk's Office at 201 Centre Plaza Drive, Monterey Park, CA 91754, or by calling (323) 526-6600.
(Rule 17.6 [7/1/96, 7/1/98] (a) Policy, (b) Definition of Psychotropic Medication,
(c) Commencement of Treatment, (d) Continued Treatment, (e) Child's Right to Refuse
REPEALED, rule title amended, new text added and effective 7/1/05.)
17.7 SPECIALIZED MENTAL HEALTH TREATMENT OF DEPENDENT AND DELINQUENT CHILDREN
The specialized mental health treatment of children who are under the jurisdiction of the Juvenile Court is governed by Welfare and Institutions Code sections 319.1 and 635.1.
(Rule 17.7 [original title, MENTALLY ILL MINORS UNDER WIC §§ 319.1 AND 6552
7/1/96, and text REPEALED 7/1/05] re-titled and new text effective 7/1/05.)
17.7.1 VOLUNTARY COMMITMENT OF DEPENDENT AND DELINQUENT MINORS FOR INPATIENT OR OUTPATIENT MENTAL HEALTH SERVICES
Welfare and Institutions Code section 6552 provides that a minor who has been declared to be within the jurisdiction of the Juvenile Court may make voluntary application for inpatient or outpatient mental health services with the advice of counsel.
(a) Procedure. The application procedure shall be the only method by which a minor under the jurisdiction of the Juvenile Court can be voluntarily admitted to an inpatient or outpatient mental health facility. The following three elements are required under Welfare and Institutions Code section 6552 for voluntary admission of Juvenile Court wards or dependents seeking inpatient or outpatient mental health treatment: (i) voluntary consent by the minor; (ii) the minor's consultation with counsel, and (iii) Juvenile Court authorization.
(b) Role of Juvenile Court. In authorizing such application, the Juvenile Court must be satisfied from the evidence presented that: (i) the minor suffers from a mental disorder which may reasonably be expected to be cured or ameliorated by treatment offered by the hospital, facility or program in which the minor wishes to be placed; and (ii) there is no other available hospital, facility or program which might better serve the minor's medical needs and best interests.
The order of the Juvenile Court shall include findings as to the minor's advisement of rights pursuant to Welfare and Institutions Code section 6552, and the willingness or availability, or lack thereof, of the parent or legal guardian to sign papers for admission, diagnostics evaluation, educational testing, inpatient psychological and psychiatric treatment, and routine medical and dental care. In the event that the parent or legal guardian is unwilling or unavailable, the Juvenile Court may authorize the Department of Children and Family Services (DCFS) to sign such papers, with the exception that authorization shall not include the authority to sign for electro-shock or chemical shock therapy.
(c) Role of DCFS, Probation Department and Mental Health Facilities. The Probation Department and DCFS shall have procedures to place the minor's request before the Juvenile Court for consideration at an appearance hearing.
Should the minor leave or demand to leave the hospital or facility prior to completion of the treatment program, the hospital shall be directed to notify DCFS and/or Probation Department, and the child's attorney of the termination of placement and arrange for the immediate return of the minor to the Juvenile Court for further proceedings. The Juvenile Court, however, is still required to conduct judicial reviews, permanency planning hearings and reviews of plans for all delinquent and dependent minors during any period(s) of mental health therapy and treatment.
(Rule 17.7.1 newly added 7/1/05.)
17.8 SPECIALLY DESIGNATED DEPARTMENTS
(a) ICWA Cases. The Indian Child Welfare Act of 1979 (ICWA) 25 U.S.C. 1901 et seq. provides federal legislation which preempts state law whenever an Indian child may be removed from the child's family. Practice and procedure in ICWA cases in California is governed by California Rules of Court, rule 5.664.
(Rule 17.8(a) [7/1/05] amended and effective 1/1/08.)
(1) If section l(l) of the Juvenile Dependency Petition (Version One) (JV-100) or section l(i) of the Juvenile Dependency Petition (Version Two) (JV-110) is checked, or if, upon inquiry or based on other information, the Court has reason to believe a child may be an Indian child, notice shall be given to the identified Indian tribe and/or Bureau of Indian Affairs by the Department of Children and Family Services (DCFS) in Welfare and Institutions Code section 300 cases, and by the Probation Department in all Welfare and Institutions Code section 600 cases where proceedings may result in the termination of parental rights to an Indian child.
(2) Pending confirmation of a child's Indian status and tribal membership, the case will remain in the originating dependency department. Upon confirmation and notice from an Indian tribe that a child has been determined by the tribe to be an Indian child, the case shall be transferred for all purposes, with the advice and consent of the supervising judge, to the designated special department handling Indian child cases . (Rule 17.8(a) amended and effective 7/1/05.)
(b) Deaf/Hard of Hearing Dependent Children/Families. All cases involving deaf and hard of hearing children or parents shall be filed in the department specially designated by the Presiding Judge. When a case is not so filed, and it appears that a dependent child, parent, or a significantmember of his or her family (e.g., caretaker, etc.) may be deaf or hard of hearing, the case will be transferred, with the advice and consent of the Supervising Judge, to a designated special department. (Rule 17.8(b) amended and effective 7/1/05.)
(Rule 17.8 [7/1/96, 7/1/05] amended and effective 1/1/08.)
17.9 APPEARANCES AND DAILY COURTROOM PRACTICE IN DEPENDENCY COURT
(a) Policy. Attorneys with matters in a dependency court shall arrive in that department promptly at 8:30 a.m., unless the courtroom has established an earlier starting time.
Upon arrival, attorneys shall ascertain if their clients are present and immediately check in with the courtroom clerk on each case on which they will appear. Attorneys shall pick up court ordered reports and evaluations, and consult with opposing counsel and Department of Children and Family Services court officers. No person shall open records and documents delivered to the Court under seal pursuant to a subpoena unless and until directed to do so by the Court. In the event that their client is not present, attorneys shall bear responsibility for determining if their client is coming to Court. If a hearing on a matter is scheduled in another department, counsel shall not leave the courtroom unless the court clerk is informed of their destination and the judicial officer grants them permission to appear in other courtrooms. If counsel are unable to appear in a department due to a judicial officer's order to appear in another courtroom, they shall advise the court clerk as soon as possible of their inability to appear.
Prior to leaving the courtroom for another department, attorneys shall record their destination department on the chalkboard or extra copy of the calendar provided for this purpose.
(Rule 17.9(a) [7/1/96] amended and effective 7/1/05.)
(b) Session Hours. See Los Angeles Superior Court Local Rule 4.0. Pursuant to written order of the Presiding Judge of Juvenile Court, all dependency Courts may extend courtroom hours until 5:00 p.m.
It is the policy of the Juvenile Court that no appearance matters be heard in any courtroom past 5:00 p.m. without prior approval of the Supervising Judge. Should the need to extend past 5:00 p.m. arise, the individual bench officer shall notify the Supervising Judge and the Sheriff no later than 4:00 p.m. on that day. No Court shall be in session past 5:30 p.m. on any given day.
(Rule 17.9(b) [7/1/96] amended and effective 7/1/05.)
(c) Conduct of Counsel and Parties in the Courtroom. Although Welfare and Institutions Code section 350(a)(1) authorizes that proceedings shall be conducted in an informalnon-adversarial atmosphere, attorneys shall make every effort to comply with Chapter Eight of the Los Angeles Superior Court Local Rules
(Rule 17.9(c) newly added 7/1/05.)
(Rule 17.9 [7/1/96] amended and effective 7/1/05.)
17.10 CHILDREN'S APPEARANCES
Children are entitled to attend court hearings. Every child four years or older must be advised of his or her right to attend court hearings by the children's services worker and/or his or her attorney of record. A child must attend court hearings unless his or her appearance is waived by his or her attorney of record. The reasons for non-appearance shall be recorded in the minute order. The children's services worker is responsible for arranging transportation of the child to the court. In all cases, the attorney for the child shall consult with the child and explain the outcome of the proceedings.
(Rule 17.10 [7/1/96] amended and effective 7/1/05.)
17.11 FOSTER PARENT APPEARANCES AND PARTICIPATION
A caretaker of a child who is the subject of a dependency proceeding is entitled to notice of proceedings as provided by law. While caretakers have no automatic standing as parties in a dependency case without the express authorization of the Court, the Court may permit a caretaker's presence at a hearing if the Court finds that the caretaker has a direct and legitimate interest in the case.
(Rule 17.11 [7/1/96] amended and effective 7/1/05.)
17.12 FAILURE OF ATTORNEY TO APPEAR
If an attorney fails to appear at a scheduled court hearing, he or she may be subject to sanctions , unless the Court finds good cause for such failure to appear.
(Rule 17.12 [7/1/96] amended and effective 7/1/05.)
17.13 (RESERVED)
(Rule 17.13 LIMITATION ON MULTIPLE CALENDARING [7/1/96] REPEALED 7/1/05.)
17.14 REHEARINGS ON ORDERS AND FINDINGS OF A COMMISSIONER OR REFEREE PURSUANT TO WELFARE AND INSTITUTIONS CODE SECTION 252
(a) General Procedures. Applications and requests for rehearing pursuant to Welfare and Institutions Code section 252 shall be filed in the Juvenile Court Clerk's Office in the courthouse where the order was made within the time frames authorized by that section and California Rules of Court, rule 5.542.
All applications for rehearing shall be personally served by the requestor on all counsel or parties of record. Counsel or parties of record may each file a response to the application. Responses, if any, shall be filed within three court days of the date of service of the application. Responses shall be filed in the Juvenile Court Clerk's Office where the original order was made. The application, any response(s) and the case file shall thereafter be assigned to a judge for review.
(1) Rehearings Pursuant to Welfare and Institutions Code section 252. An application for rehearing may be filed by a child, parent, legal guardian, or the Department of Children and Family Services (DCFS).
These rules, adopted pursuant to the provisions of Welfare and Institutions Code section 251, shall apply only to referees and commissioners sitting in juvenile proceedings. (Welf. & Inst. Code, § 247.) If there is a stipulation authorizing a commissioner or referee to sit as temporary judge, then no rehearing rights are available.
(2) Request for Stay on An Order of A Commissioner or Referee. If counsel intends to file an application or request for a rehearing, he or she may request a stay of the order of a commissioner or referee. The request for a stay shall be made before the same commissioner or referee who made the order. The commissioner or referee may grant a stay for a reasonable period of time, or until ruling on the application for rehearing. If the application is accompanied by a request for a stay pending the ruling on the application for rehearing, the clerk shall refer the request to the judicial officer who made the order. That judicial officer shall immediately rule on the request for the stay, and send the ruling to the Clerk's Office for service.
A denial of a request for a stay by a commissioner or a referee is not to be referred to another judge of the Juvenile Court for further review or action. The appropriate remedy upon a denial of a request for a stay is a petition for a writ of mandate or prohibition filed with the Courtof Appeal. (Cal. Rules of Court, rule 5.585.)
(Rule 17.14(a) [7/1/96, 7/1/05] amended and effective 1/1/08.)
(b) Forms. Application For Rehearing forms are available in the Clerk's Office of the Juvenile Court.
(Rule 17.14(b) newly added 7/1/05.)
(Rule 17.14 [7/1/96, 7/1/05] amended and effective 1/1/08.)
17.15 MOTION REQUIREMENTS AND PROCEDURES
(a) Policy. All motions shall be in writing and accompanied by a supporting affidavit or declaration and points and authorities, if applicable. Motions shall be filed with the court clerk in the Court where the case is pending, and a date and time for the hearing of the motion obtained from the court clerk. If that Court is dark, the motion shall be filed with the Clerk's Office.
(Rule 17.15 [7/1/96] amended and effective 7/1/05.)
(b) Service. Moving party shall serve the notice of motion, a copy of the motion and all supporting documents upon all other counsel in the case at least 5 calendar days but not less than 3 court days before the date of the hearing if personally served or served by facsimile, or 7 days before the hearing if served by mail.
If opposing counsel plans to file points and authorities or any other documents in opposition to the motion, the documents shall be filed with the court clerk in the Court where the matter is pending no later than the day before the date set for hearing. Other counsel in the case shall be personally served with opposition not less than 1 day before the hearing, or not less than 3 days before the hearing if service is by first class mail.
(Rule 17.15(b) [7/1/96] amended and effective 7/1/05.)
(c) Emergency Applications for Hearing. In any case in which a party believes that an emergency situation exists requiring an immediate hearing, that party may file an ex parte application for hearing, on a date approved by the Court in advance, on condition that telephonic notice was given to all attorneys of record, and to each unrepresented party, not less than 24 hours in advance of the court-approved hearing date. All ex parte applications shall comply with California Rules of Court, rule 3.1200 et seq.
(Rule 17.15 (c) [originally, Demurrers and Motions to Strike, 7/1/96. 7/1/05] amended and effective 1/1/08.)
(d) Demurrers and Motions to Strike. A party may file a demurrer to challenge the legal sufficiency of a dependency petition that alleges facts which, even if determined to be true, (a) are not sufficient to state a cause of action, or (b) are not sufficiently clear or precise for the party to prepare a defense. A party may also move to strike certain allegations from the petition. For simplicity, both demurrers and motions to strike are referred to in these Rules as "demurrers".
Unless otherwise agreed upon, a demurrer shall be made in writing and shall be before the entry of a denial or admission or plea of "no contest". Notice shall be given at the detention hearing or first appearance after the petition or amended petition is filed.
A hearing on a demurrer shall be set on the calendar no later than 10 calendar days following the notice of the demurrer. Counsel shall file and personally serve or serve by facsimile supporting memorandum of points and authorities no later than 3 court days prior to the hearing on the demurrer. The responding party shall file and personally serve or serve by facsimile opposing points and authorities no later than 1 day prior to the commencement of the hearing on the demurrer.
If the demurrer is sustained, the Court may grant leave to amend the petition uponterms as may be just and calendar a date within which any amendment or amended pleading must be filed. However, absent unusual circumstances, the Court will not continue the adjudication for this purpose. In such cases, a timely opportunity for the petitioner to amend the petition in accordance with the Court's findings shall be granted. Accordingly, Counsel for the Department of Children and Family Services should anticipate an adverse ruling and be prepared to amend the petition in a timely manner. (Rule 17.15(d) [as (c), 7/1/96] moved, amended and effective 7/1/05.)
(e) Motions for Continuance. See Welfare and Institutions Code sections 322, 352, and 358 regarding continuances.
Dates calendared for dependency proceedings under Welfare and Institutions Code section 300 et seq. shall be regarded by counsel as definite court appointments. Cases in which a child is detained under the sole allegation that a child is a person described in Welfare and Institutions Code section 300 shall be granted precedence on the Court's calendar (Welf. & Inst. Code, § 345). Counsel appearing in other Courts on the same date for which a dependency case is set shall advise the other Courts of the precedence of dependency matters over other matters so that the dependency matter may proceed timely.
Any request for continuance shall be brought to the attention of opposing counsel at the first available opportunity after the need for the continuance becomes apparent.
The parties shall not assume that a continuance motion will be granted, even when stipulated. A continuance shall only be granted upon a showing of good cause, provided it is not contrary to the interests of the child. The Court shall give substantial weight to a child's need for prompt resolution of his or her custody status, the child's need for a stable environment, and the damage caused by prolonged temporary placements. A continuance shall be granted only for that period of time shown to be necessary by the evidence that is presented in the motion.
Neither a stipulation between counsel nor the convenience of the parties shall be sufficient to establish good cause. Further, neither a pending criminal prosecution nor family law matter shall be sufficient basis to establish good cause. When a continuance is granted, the reasons for granting the continuance request shall be entered in the minute order.
Motions for continuance shall be in writing and filed at least two court days prior to the hearing date, together with affidavits or declarations which allege facts sufficient to establish good cause for a continuance. In exceptional circumstances, the Court may entertain an oral motion for continuance.
If a child is removed from a parent or guardian's custody, no continuance shall be granted that would result in a dispositional hearing pursuant to Welfare and Institutions Code section 361 being completed longer than 60 days following the hearing at which the child was removed or detained, unless the Court finds there are exceptional circumstances. If a continuance is granted, the reasons for granting the continuance request shall be entered in the minute order. No continuance shall be granted that would cause the dispositional hearing to be completed more than six months after the detention hearing.
(Rule 17.15(e) [as (d), 7/1/96] moved, amended and effective 7/1/05.)
(Rule 17.15 [7/1/96, 7/1/05] amended and effective 1/1/08.)
17.16 LEGAL REPRESENTATION
(a) Appointment of Counsel for Adults. A "client" is defined as any parent, or guardian, or other adult who has been determined by the Court to have standing. A client is entitled to be represented by competent legal counsel if they so desire. Competency is defined by Rule 5.660 of the California Rules of Court.
When it appears to the Court that a client is presently financially unable to afford and cannot for that reason employ counsel, the Court shall appoint counsel unless the client has made a knowing and intelligent waiver of the right to counsel.
Attorneys shall be appointed to represent clients in dependency proceedings at the earliest possible stage of proceedings when parties must appear before the Juvenile Court and at all subsequent proceedings. Appointed counsel shall continue to represent the client unless properly relieved by the Court.
All attorneys representing clients in the dependency court shall affirmatively inquire of their client as to whether he/she has reason to believe that any child appearing in the dependency court has Indian heritage under the Indian Child Welfare Act (ICWA). Every effort should be made by counsel to assist confirmation of a child's Indian status and tribal membership.
Any client who is appointed legal counsel by the Court shall go to the financial office in the Children's Court, or as directed, on the date of the appointment, or as soon thereafter as possible, for a determination of the client's ability to reimburse the County for the cost of appointed counsel. It shall be the responsibility of appointed counsel to make sure the client has all of the necessary paperwork for the financial office and has given the client directions on how to get there.
(Rule 17.16(a) [7/1/96, 7/1/05] amended and effective 1/1/08.)
(b) Appointment of Counsel for Children.
(1) At the arraignment and detention hearing, or as soon thereafter as possible, the Court shall appoint counsel for each child who is the subject of any dependency petition who shall also serve in the capacity of a Child Abuse Prevention and Treatment Act (CAPTA) Guardian ad Litem for the child, unless the Court finds that the child would not benefit from the appointment of counsel for any purpose and makes this finding, and the reasons therefor, on the record. See Rule 5.660 of the California Rules of Court for the specific factual findings that the Court must make in order to not appoint counsel for a child.
(2) If, pursuant to California Rules of Court, rule 5.660, the Court does not appoint an attorney for the child, the Court shall make a referral for the appointment of a CASA (Court-Appointed Special Advocate) for the child to act in the capacity of a GAL (Guardian ad Litem).
(3) Any appointment of counsel for a child shall first be referred to the Children's Law Center of Los Angeles (CLC) for representation.
(4) In the event that no CLC attorney is available to represent a child, an attorney from the Welfare and Institutions Code section 317 attorney panel who, by training and experience, is competent to represent the interests of children in dependency court proceedings shall be appointed to represent the child.
(5) No child shall be represented by any attorney from County Counsel, or by any other attorney representing the Department of Children and Family Services (DCFS).
(Rule 17.16(b) [7/1/96, 7/1/05] amended and effective 1/1/08.)
(c) Eligibility for Appointment as Counsel for Adults.
(1) California State Bar Membership. The attorney must be in good standing with theCalifornia State Bar at all times in order to be appointed to represent any party in dependency proceedings.
(2) Education/Training. An attorney must complete a minimum of 8 hours of training or education in the area of juvenile dependency law or be able to show recent experience which demonstrates a competency in the area of juvenile dependency law to become eligible for appointment to represent any party in a dependency proceeding.
i. The attorney shall have a solid familiarity with Welfare and Institutions Code statutory requirements, the Evidence Code, local and state court rules, court policies, relevant case law, the practice guidelines set forth in the Local Rules, and the substantive, ethical, and procedural issues unique to the Dependency Court.
ii. The attorney shall be familiar with the various stages of the court proceedings from arraignment and detention through review of permanency hearings. This includes, but is not limited to, the following: the structure and functioning of the Juvenile Court, the Court-Appointed Special Advocate program (CASA), DCFS programs, policies, and procedures, issues related to reunification, placement, reasonable efforts, adoption, and permanency, and familiarity with the Court Mediation program.
iii. The attorney shall be familiar with appellate and other review procedures including writs, rehearings, appeals, and other extraordinary remedies.
iv. An attorney new to Dependency Court must observe and/or be available to participate in each type of dependency hearing from detention through review of a permanency plan prior to accepting an appointment in Dependency Court.
v. With the exception of CLC attorneys, an attorney new to Dependency Court should work and consult with an assigned mentor (experienced dependency attorney) for the first three months of initial appointment. A mentor shall be assigned to the new attorney by the Juvenile Courts Bar Association (JCBA) or the Court to which the attorney is assigned.
vi. An attorney new to Dependency Court shall visit three types of placements used to house dependent children such as emergency shelters, foster homes, or group homes.
vii. All attorneys shall be familiar with the effects of racial, cultural, ethnic, sexual orientation issues, and language differences with regard to child rearing, treatment, and placement practices and issues.
(Rule 17.16(c) [originally, Duties of Counsel for Children, 7/1/96, 7/1/99] old text REPEALED, new text added and effective 7/1/05.)
(d) Eligibility for Appointment as Counsel for Children In addition to meeting the eligibility requirements for appointment as counsel for adults as provided in Local Rule 17.16(c) above, the attorney shall be familiar with the following areas:
(1) Child development stages including a child's cognitive, emotional, and social growth stages, language development, and patterns of child growth related to neglect and non-organic failure to thrive.
(2) Interviewing techniques for children. The techniques used by the attorney should be age-appropriate and take into consideration the type of abuse the child is alleged to have suffered.
(3) Child development as it relates to children as witnesses and the impact of the court process on the child.
(4) The types of placements available to children, and issues related to placement including, but not limited to:
i. A working knowledge of licensing requirements for foster care and relativeplacements.
ii. The impact of multiple placements on the child, and the importance of maintaining sibling groups versus the best interests of each child in the sibling group.
iii. The effect placement will have on visitation issues and on the delivery of services to children in placement.
(5) The educational, medical, mental health, dental, and other resources available for children in the dependency court system, and the funding therefor, and the means of identifying the need for and the accessing of such resources.
(6) A working knowledge of the emancipation laws, and the resources available to assist the dependent child to emancipate, including, but not limited to, knowledge of DCFS's Independent Living Program, the requirements for and the availability of transitional housing, and the availability of funding to assist emancipating children in living independently.
(7) Familiarity with the Court's policy regarding joint reports for Welfare and Institutions Code section 300/602 children pursuant to Welfare and Institutions Code section 241.1; and familiarity with all other policies and protocols regarding dependent children contained in Chapter Seventeen of the Los Angeles Superior Court Local Rules.
(Rule 17.16(d) [originally, Client Complaints, 7/1/96, REPEALED 7/1/05;] renumbered, title amended, old text REPEALED, new text added 7/1/05.)
(e) General Practice Guidelines for Court-Appointed Attorneys in Dependency Court.
(1) The attorney shall make inquiries necessary to determine at the outset of the proceedings whether a conflict exists in the representation of a party.
(2) At a party's first appearance, the attorney shall verify with the client, to the extent the information is known, the names, addresses, telephone numbers, and relationships of all persons entitled to receive notice of the proceedings, including the birth dates of each party and child. The attorney shall also inquire as to the name, address, telephone number, and relationship of all known relatives and/or non-relative family members for possible placement of any detained child. If any relative and/or non-relative family member is identified, then the Los Angeles County Dependency Court form entitled "Relative Information Sheet" shall be completed and filed with the Court.
(3) At a mother and/or father's first appearance, the attorney shall make inquiry of the client as to the applicability of ICWA, and so inform the Court, in order for the Court to comply with Local Rule 17.8(a).
(4) At a mother and/or father's first appearance, the attorney shall make inquiry of the client as to paternity issues in order to resolve the status of paternity. The Los Angeles County Dependency Court paternity questionnaire form shall be completed by mother and father in all cases and filed with the Court. The "Paternity - Waiver of Rights" form (Judicial Council form JV-505) shall be completed by any person claiming paternity status or non-paternity, which shall also be filed with the Court.
(5) The attorney should have a complete familiarity with the facts of the case by reviewing the court file, especially when appointed to represent a party in the middle of an ongoing case, and by bringing discovery motions, interviewing witnesses, procuring experts, and otherwise conducting an independent investigation.
(6) The attorney should make all reasonable efforts to ensure that the client understands the court processes, proceedings, and the potential and actual consequences of the proceedings. Special efforts should be taken to ensure that a client understands these matters if the client demonstrates any evidence of being developmentally delayed, or exhibits signs that he/she issuffering from any cognitive or emotional problems which would affect the client's ability to comprehend any aspect of the dependency proceedings.
(7) The attorney shall maintain a current business address and working telephone number and promptly notify clients of any change of address or telephone number. The attorney should provide the client with his or her business card.
(8) The attorney shall show courtesy and respect to judicial officers, DCFS social workers, CASA, DCFS court officers, courtroom personnel, witnesses and all counsel.
(9) The attorney should be aware of children present in the courtroom, so that discussions of sensitive case issues, whether pertaining to a particular child or other children, are not overheard by the children or made in an insensitive manner.
(10) Settlement should be considered as soon as enough information is known about the case to make settlement discussions meaningful. In every case, the attorney should consider whether the client's interests could best be served and whether the case could be more appropriately resolved by mediation or other settlement discussions. In that regard, the attorney should be familiar with the Court Mediation program. Mediation is an integral part of the Dependency Court procedures which can be utilized at any state of a proceeding.
(Rule 17.16(e) [Eligibility for Appointment as Counsel in Dependency Proceedings, as (e) 7/1/96, REPEALED 7/1/05]
General Practice Guidelines for Court-Appointed Attorneys in Dependency Court newly added 7/1/05.)
(f) Practice Guidelines for Representing Children in Dependency Court. In addition to the general practice guidelines, attorneys representing children shall have the following additional duties and responsibilities:
(1) The attorney shall be thoroughly familiar with the requirements of Welfare and Institutions Code section 317(e) for the representation of children, Rule 5.660 of the California Rules of Court regarding standards of representation, and Rule 5.660 of the California Rules of Court regarding caseload size.
(2) The attorney or his/her staff shall separately interview each child four years of age or older unless it is determined that the child has sufficient language skills to communicate at an earlier age. The attorney shall ascertain the child's wishes, needs, and background. Interviews should be done in an atmosphere where the child feels comfortable and privacy is ensured.
(3) At the initial interview, where possible, the attorney shall inform the child, in language the child can comprehend, the nature of dependency proceedings, the role of a lawyer, the child's rights including the right to confidentiality, and the nature of the subject matter of any petition and the contents of any related report.
(4) The attorney should be actively involved in, and vigorously advocate at, every stage of the proceedings involving a child client and take any necessary legal steps that would promote and advance a child's right to receive all appropriate reunification and permanent placement services and all other services and resources to meet the child's educational, dental, medical, and mental health needs.
(Rule 17.16(f) [7/1/05] amended and effective 1/1/08.)
(g) Eligibility for Continued Practice in Dependency Court.
(1) Education/Training.
i. Attorneys must complete a total of 12 hours of continuing education credits each year. This training shall include, but not be limited to mandatory attendance at the annual conference sponsored by the Juvenile Court and the California State University, Los Angeles, andat least five hours of training offered at the Children's Court, or, in lieu thereof, other training approved by the Juvenile Court.
ii. Ongoing training shall also include, but not be limited to, summaries of current changes in the dependency laws and statutes, summaries of recent and relevant case law, and information and instruction on child development, child abuse and neglect, family reunification and preservation, reasonable efforts, domestic violence, substance abuse, special education, mental health, government benefits, and cultural diversity issues.
(2) Evidence of Competence. The attorney shall file in the Office of the Presiding Judge, a certification of satisfaction, signed under penalty of perjury, of the continuing education requirements specified in this Rule not later than February 15 of each year (Appendix 4). Failure to comply with this requirement may result in the Court not appointing the attorney to represent clients.
(Rule 17.16(g) newly added 7/1/05.)
(h) Caseloads for Children's Attorneys. The Superior Court for the County of Los Angeles hereby adopts any caseload standards for children's attorneys established by the Judicial Council.
(Rule 17.16(h) newly added 7/1/05.)
(Rule 17.16 [7/1/96, 7/1/99, 7/1/05] amended and effective 1/1/08.)
17.17 COURT-APPOINTED SPECIAL ADVOCATE (CASA)
(a) Program. The CASA Program was established to serve the needs of abused and neglected children in the Dependency Court. The CASA Program recruits, trains, supervises, and supports community volunteers (CASAs) who investigate the circumstances of the child, facilitate the provision of services, monitor compliance with the orders of the Court, and advocate in the Court and in the community for the best interests of the child. CASAs serve only at the pleasure of, and report directly to, the Juvenile Court. Their duties, responsibilities, and the limits of their authority are contained in and described by Welfare and Institutions Code sections 100-109.
(Rule 17.17(a) [7/1/96] original text REPEALED, new text added 7/1/05.)
(b) Referrals. The judicial officer, or any party may refer a case to the CASA Program at any point in the dependency proceedings. The CASA Program also may request that a referral be made by the judicial officer in a case brought to the attention of the CASA Program. All referrals must be signed by the judicial officer.
(Rule 17.17(b) Referrals newly added 7/1/05.)
(c) Referral Criteria.
(1) Appropriate Referrals. Referrals to the CASA Program are appropriate when:
i. The Court needs specific information or would benefit from an independent investigation in order to make a decision regarding the child's welfare, except for information pertaining to allegations made in the petition.
ii. There is an unnecessary delay in achieving family reunification, legal guardianship, adoption, or emancipation.
iii. The child has a specific unmet need and requires advocacy to obtain educational, medical, or other services. This does not include the need for a mentor, big brother or sister, or special friend.
(2) Inappropriate Referrals. Referrals are not appropriate when:
i. The child's behavior and/or the circumstances of the case would place the CASA volunteer at risk.
ii. The child is unwilling to participate in the services or cooperate with the advocate.
iii. The child frequently is AWOL.
iv. The child is placed outside of Los Angeles County.
(Rule 17.17(c) [as (b) 7/1/96] original (c) Status of CASA Volunteers text REPEALED, title moved to (f) renumbered, new text added 7/1/05.)
(d) Evaluation of a Referral. The CASA Program will evaluate the referral to determine if it is appropriate for the CASA Program. In the event that the case is not accepted, the CASA Program will submit a report to the Court stating the basis for declining the referral.
(Rule 17.17(d) newly added 7/1/05.)
(e) Acceptance of a Referral. Once a case is accepted by the CASA Program and a CASA volunteer is identified, the Court will be asked to sign an order appointing the identified CASA volunteer.
(Rule 17.17(e) newly added 7/1/05.)
(f) Status of CASA Volunteers.
(1) Appointment. The CASA is appointed as a sworn officer of the Court, serves at the pleasure of the Court, and is bound by all the rules and standards set forth in Welfare and Institutions Code sections 102 and 103, and California Rules of Court, rule 5.655.
(2) Participation of CASAs, CASA Program Supervisors, and Attorneys for the CASA Program.
i. A CASA has the right to be present at all hearings, sit at the counsel table during the proceedings, and participate in any reported conferences held in chambers. An advocate cannot be excluded from any reported proceedings for any reason, including the fact that he or she may be called upon to give testimony in the case.
ii. A CASA volunteer for a child who has a child may participate in the dependency proceedings for both children.
iii. Program supervisors may attend court hearings, participate in proceedings along with the CASA volunteer or in lieu of the CASA volunteer, and may serve as the CASA on the case.
iv. Attorneys representing the CASA Program have the right to participate in any proceeding in the Juvenile Court in which any aspect of the CASA Program is at issue.
(3) Notice to CASA. Pursuant to Welfare and Institutions Code section 106, the CASA volunteer must be properly and timely noticed for all proceedings concerning the case on which he or she is appointed. The case carrying social worker is responsible for providing notice to the CASA for regularly calendared matters. Any party requesting that a matter be added to the court's calendar is responsible for providing notice to the CASA.
(4) Reports. CASA reports shall be read and considered by the judicial officer. Minute orders shall reflect whether the CASA and/or the CASA supervisor was present at the hearing and that the CASA's report was read and considered by the Court. On behalf of any CASA submitting a report to the Court, the Child Advocates Office shall deliver sufficient copies for all parties and their counsel (including parents appearing in pro per) to the Court at least two court days prior to the relevant hearing. The Court has the discretion to admit a CASA report regardless of the time it was submitted.
(5) Distribution of reports. Only parties and their counsel are entitled to receive copies of CASA reports. De facto parents are entitled to receive copies of CASA reports only if there is a court order directing distribution of the CASA report to the de facto parent(s). Relative, foster parents, service providers and other interested parties are not entitled to receive CASA reportsin the absence of a specific court order. (Rule 17.17(f) [7/1/05] amended and effective 1/1/08.)
(Rule 17.17 [7/1/96, REPEALED in part, renumbered 7/1/05] amended and effective 1/1/08.)
17.18 TIME LIMITATIONS FOR DEPENDENCY PROCEEDINGS
It is the policy of this Juvenile Court to strictly comply with the time lines for dependency hearings, unless good cause is shown for continuance. (Welf. & Inst. Code, § 352; Cal. Rules of Court, rule 5.550(a)(2)).
(Rule 17.18 [7/1/96, rule title amended, old text REPEALED, new text added 7/1/05] amended and effective 1/1/08.)
17.19 DETENTION HEARINGS/CHILDREN IN SHELTER CARE
The Juvenile Dependency Court shall hear all detention matters prior to the noon recess to assure the timely transfer or reassignment of cases when necessary.
The Juvenile Dependency Court shall make best efforts to hear all matters involving children in shelter care before the noon hour in order that children will not remain in shelter care longer than necessary.
(Rule 17.19 [7/1/96] (b) Purpose, and (c) Continuation of Detention Hearing REPEALED,
subdivision (a) Priority title REPEALED, text amended and effective 7/1/05.)
17.20 PREHEARING DISCOVERY
Prehearing Discovery is governed by California Rules of Court, rules 5.544 and 5.546. Acquisition of confidential material not covered in California Rules of Court, rule 5.546, may be requested pursuant to Local Rule 17.1.
(Rule 17.20 [7/1/96] subdivision (b) Noticed Motions REPEALED, subdivision (a) General REPEALED, new text added 7/1/05] amended and effective 1/1/08.)
17.21 HEARINGS IN ABSENCE OF PARTIES
Unless there is good cause for a continuance, the Court may go forward at any properly noticed hearing whether parties are present or not.
(Rule 17.21 [7/1/96] title amended, old text REPEALED,
new text added and effective 7/1/05.)
17.22 MEDIATION
(a) Program (Purpose of Mediation; Process/Procedures to Arrange Mediation Conference). (1) Purpose of Mediation Conference; Preference for Mediation. The purpose of Juvenile Dependency mediation is to involve family members and other parties in a confidential, non-adversarial process to understand the matters before the Court and, where possible, resolve some or all of the issues presented, through consensus and cooperation. Issues include the language of the petition, disposition and other questions of fact and law. Early and fair resolution of disputes for families involved in the court system is the major focus of the Court's mission.
Some of the goals of mediation are to:
i. reduce trauma and promote communication among the parties;
ii. bring the parties and professionals together to ensure their understanding of the issues and individual perspectives of the participants in the case and the reasons for state intervention;
iii. orient parents, children, social workers and other parties to the process andprocedures related to their case;
iv. clarify the roles of the participants and preserve the rights of the parties;
v. seek early resolution and implementation of family treatment or permanency plans;
vi. clearly define issues and make a prompt determination whether a case can be resolved by mediation or should be returned to the court;
vii. reach agreements designed to protect the safety of all participants and to protect children from future acts of abuse or neglect, as well as protect children's relationships with their siblings.
The court prefers the mediation process as opposed to contested hearings wherever possible, reserving contested hearings exclusively for unresolved questions of fact and law.
Mediation as defined in this local rule shall meet the requirements of California Rules of Court, rule 5.518, governing the standards of practice for court-connected child protection/dependency mediation.
(2) Referrals to Mediation Conference. Pursuant to Welfare and Institutions Code section 350, the Court may order all parties and counsel to calendar a case for a confidential mediation conference. In addition, upon the agreement of all participating counsel, counsel may schedule a mediation conference in the absence of a court order by contacting the Mediation Department secretary.
A case may be referred to mediation at any stage of the Dependency Court process. Cases that are referred for a mediation conference shall be scheduled for a conference on an appointment basis. Cases brought to Mediation on the day of a court appearance without a prior appointment shall be accommodated whenever possible, based upon mediator availability.
(3) Scheduling of Mediation Conference. Once a mediation conference is ordered and the Mediation Department is contacted, or when a mediation conference is requested without court order, the Mediation secretary or Mediation clerk will schedule a conference with a mediator. Conferences will be scheduled for time slots as available on the Mediation Department calendar.
Setting a mediation conference includes the specific selection of a date, time and identified mediator. If, on the date scheduled for mediation, the identified mediator becomes unavailable, the Mediation Department will make available another mediator, whenever possible at the same time as originally scheduled. In branch courts providing mediation services, the court clerk will send the Mediation clerk a fax copy of the Court's order for mediation, and the Mediation clerk will record the date, time and case information.
A mediation conference referred at the time of the arraignment and detention hearing shall be calendared on an appointment basis for a time certain within or as close as possible to three weeks from the arraignment and detention hearing, and may be calendared later than the three week date only with a showing of good cause upon a judicial officer's specific findings and order approving a later setting.
(4) Notification of Mediation Conference Date and Time; Appearance for Mediation Conference. The Court shall order the parties and counsel to return to the courthouse on the date and time set for mediation and report first to the courtroom before contacting the Mediation secretary or designated mediator.
When the mediation conference is requested without a court order, counsel who schedules the mediation conference shall immediately provide all other counsel with written notice of the conference as scheduled, indicating the date, time and identified mediator, and all counselshall so inform their clients. On the date indicated in the notice, all parties and counsel shall report directly to the Mediation secretary in the Children's Court, Room 2110 on the second floor or to the identified mediator's office.
Counsel and parties (including Children's Social Worker (CSW) when present) must report for mediation at or before the time scheduled for the mediation conference. Department of Children and Family Services (DCFS) liaisons to Mediation likewise must check in with the Mediation secretary or Mediation clerk, or with the scheduled mediator, prior to the time scheduled for the mediation conference, and confirm which liaison will be responsible for and participate in each mediation conference.
Counsel must advise parties to telephone the courtroom (when the matter appears on the Court calendar) and also the Mediation secretary at the Children's Court at (323) 526-6671 if they expect to be late for the mediation conference or are unable to attend the conference due to an emergency. This rule applies regardless of whether the case is scheduled in Monterey Park or an outlying courthouse.
(5) Reports for Use at Mediation Conference. The Court shall order DCFS to provide the appropriate reports to counsel, parties, the mediator and, where applicable, the child's Court-Appointed Special Advocate. The Court maintains authority to order a report as it deems appropriate to address issues relevant to the case. The Court will order DCFS to submit the reports to the department where the case is pending, with copies each to the Mediation Department and the DCFS liaison to Mediation, no later than 2:00 p.m. on the second judicial day prior to the mediation conference.
(6) Participation in Mediation Conference; Counsel Availability. In addition to counsel, the mediation conference shall include as decision makers the parents, children (when appropriate), case carrying Children's Social Worker (CSW) or DCFS liaison, any appointed Guardian ad Litem, and any other individual identified by the Court as a party. At the discretion of the mediator, other individuals may be permitted to participate in the mediation conference, including but not limited to family members, therapists, program representatives, caregivers, domestic violence support persons, and Court-Appointed Special Advocates if any have been appointed for the children.
When the CSW is not present, the DCFS liaison to Mediation shall serve as the DCFS representative at the mediation conference. The DCFS liaison speaks for DCFS, including children's social workers, and makes case-related decisions on behalf of DCFS on the day of the mediation, without requiring further approval from DCFS or further delay of the mediation process.
All counsel shall remain available to the mediator to participate in the mediation conference until the mediation conference concludes.
(7) Need for Timely Proceedings; Consequences of Noncompliance. The child's interests and the legislative intent that dependency cases proceed in a timely fashion require that hearings proceed on the date calendared.
Failure of any person to comply with any court order described in these proceedings - including attendance at a mediation conference and timely submission of court-ordered reports - may result in the imposition of monetary sanctions pursuant to Code of Civil Procedure section 177.5 upon written motion of another party or upon motion of the Court.
(Rule 17.22(a) [7/1/96, old text REPEALED, new text added 7/1/05] amended and effective 1/1/08.)
(b) Confidentiality. The mediation conference will be conducted in private and shall bedeemed a confidential proceeding. All forms of communication between and among the mediator, parties, counsel and other participants in the mediation conference are confidential and may not be released except for the social study, the document prepared by the mediator for the Court at the conclusion of the mediation conference, and as compelled by statute. Welfare and Institutions Code section 350, California Rules of Court, rule 5.552, and California Evidence Code sections 703.5, 1115-1125(a)(4), and 1125(b) through 1128 apply to the Dependency Court mediation process. Confidentiality applies to all forms of communication with the mediator before, during and after the conclusion of the formal mediation conference.
(Rule 17.22(b) [as (e) 7/1/96, moved to (b) amended and effective 7/1/05] amended and effective 1/1/08.)
(c) The Mediation Process. Initially, the mediator will meet with all counsel and the DCFS liaison to Mediation concerning their perceptions of both the factual and legal issues in dispute and the areas of potential agreement. The parties will not be present during this phase of the conference. At various times, the mediator will meet with the parties, counsel and others as a group and/or individually, at the mediator's discretion, prior to finalizing the written agreement and case plan.
If the initial discussion with the mediator produces a proposed agreement with respect to all or some of the issues, the proposed agreement will be presented to the parties. When there is partial or no agreement on substantive issues, the parties with their counsel shall identify any points of agreement and those issues that remain to be resolved by the Court. After the parties have discussed the proposed agreement and any other matters which the mediator deems relevant, the mediator will prepare a document recording interim, partial, full or no agreement, including the identification of unresolved issues, have it signed by counsel and parties, and submit the document and court file to the assigned Court for the judicial officer's review, approval, findings and orders.
The Court will hold a hearing as soon as possible after the mediator submits the document and court file. The mediation conference shall be deemed to have concluded once the hearing officer has reviewed the document prepared by the mediator and made findings and orders.
(Rule 17.22(c) [as (f) 7/1/96] moved to (c), amended and effective 7/1/05.)
(d) Mediation Conference Continued. Subject to the Court's approval, a mediation conference begun but not concluded on the date scheduled may be continued to a future date. Continuance shall be at the mediator's discretion and for the purpose of obtaining critical case-related information, for good cause, or for the occurrence of a specified contingency which will facilitate resolution of the matter. When a date is available in the Mediation Department calendar, the mediator and counsel can agree to continue a mediation conference to an existing court date or to a date that precedes the next calendared court date without the need for an intervening court appearance. Additional continuances will be allowed only upon written stipulation of the parties based upon proper documentation of the reasons and with court approval.
If the Court adjourns prior to completion of the mediation conference scheduled for that day and if parties want to further mediate the case and the mediator is available, the Court shall order the attorneys and parties to remain available to the mediator as needed to participate until the mediation conference concludes on that day. In such cases, the matter may trail on the court | 