Sonoma — Summary of Proposed Changes to Local Rules - Effective January 2022

Source: https://sonoma.courts.ca.gov/sites/all/assets/pdfs/general-info/Jan%202022%20Summary%20of%20Proposed%20Amendments%20to%20the%20Local%20Rules%20of%20Court.pdf

Superior Court of California County of Sonoma Summary of Proposed Amendments to the Local Rules

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RULE 4 RULES APPLICABLE TO ALL CIVIL CASES

4.2 ASSIGNMENT TO ONE JUDGE FOR ALL PURPOSES AND CASE MANAGEMENT CONFERENCE

A. In every general civil case, at the time of filing a complaint, by order of the Presiding Judge,
the Clerk of the Court will issue a Notice of Assignment of Case to One Judge for All
Purposes and Notice of Case Management Conference. The Notice will include the name
of the Assigned Judge and the date, time and location of the Case Management Conference.
A copy of the Notice must be served with the summons and complaint, and with any cross-
complaint.

B. Tentative Rulings: Three (3) court days preceding each scheduled Case Management
Conference calendar, the Assigned Judge or his/her designee will cause to be recorded a
tentative ruling for any cases set on the Case Management Conference calendar. The
tentative ruling may be obtained by telephoning (707) 521-6881 (tape-recorded message)
(707) 521-6606 or on the court’s web page website at www.sonoma.courts.ca.gov. The
tentative ruling will become the ruling of the court at the conference unless any party
desiring to be heard so advises the judicial assistant in the Assigned Judge’s chambers no
later than 24 hours before the scheduled conference and also notifies all parties or their
attorneys. Appearances will be required or dispensed with by the court as indicated in the
tentative rulings. Where appearances are required by the court, or no tentative ruling is
indicated on a case, then all principal trial counsel and self-represented parties shall appear
at the conference at the time scheduled in any notice, order to show cause, or as otherwise
directed by the court.

(Eff. 1/1/1997; Rev. 1/1/2003, 7/1/2004, 1/1/2014, Repealed 1/1/2016, Eff. 7/1/19; Rev. 1/1/2022)

4.4 ORDERS TO SHOW CAUSE

A. Each case included by this Rule will be reviewed for compliance with these rules, and
orders to show cause may be issued for failure to comply.

B. Orders to Show Cause will be scheduled on calendars at such times and places as
designated by the Assigned Judge.

C. In the afternoon two (2) court days preceding the Order to Show Cause hearing,
commencing at 2:00 p.m., the Assigned Judge or his/her designee will cause to be recorded
a tentative ruling of any case set on the Order to Show Cause calendar. The tentative ruling
may be obtained by telephoning (707) 521-6881 (tape recorded message) (707) 521-6606
or at the Web page of the Superior Court: on the court’s website at
www.sonoma.courts.ca.gov. (Eff. 1/1/1997; Rev. 7/1/2004, 1/1/2016, 7/1/19, 1/1/2022)

RULE 6 RULES APPLICABLE TO PROBATE PROCEEDINGS

6.2 CALENDAR AND PROCEDURAL MATTERS

A. General Guidelines

1. General Probate Matters

One department of the Superior Court shall be designated by the Presiding Judge
of the Superior Court to hear general probate matters. General probate matters will
be calendared and heard at such times and places as shall be designated by the
Supervising Judge of the Civil Division (the “Regular Probate Calendar”).

2. Probate Calendar Day on Judicial Holiday

When the date for the Regular Probate Calendar is a court holiday the calendar
will be heard on a date and time as designated by the Supervising Judge of the
Civil Probate Division. (Rev. 1/1/2022)

F. Hearings and Tentative Rulings

1. Notices of Hearing

Notices of hearing on cases scheduled for hearing on the Regular Probate Calendar
shall indicate that the time for the commencement of the calendar.

2. Tentative Rulings – Regular Probate Calendar

During the court day preceding each weekly Regular Probate Calendar, by
approximately 2:00 p.m., the Court will issue a tentative ruling for each matter
noticed on such calendar. The tentative ruling may be obtained online on the

Court’s website at www.sonoma.courts.ca.gov between the hours of 2:00 p.m. and 4:00 p.m. on the day before the hearing (Click on the “Online Services” tab on the home page, select “Tentative Rulings” in the drop-down menu, and the click on the link to “Probate”). The Tentative Rulings will also be posted at the probate department the day of the hearing. For tentative rulings by phone, please call (707) 521-6607.

a. Parties who do not object to the tentative ruling need not appear at the
hearing, unless the ruling requires appearances or another party has
requested a hearing pursuant to the procedure in subdivision (b) below.

b. Any interested party who wishes to be heard in relation to the tentative
ruling must call 707-521-6893 and leave a brief message that includes the
name and telephone number of the party calling and the case name and
number. Any interested party who wishes to be heard in relation to or
opposition to a tentative ruling must also notify the attorneys for all
represented parties as well as all unrepresented parties of their intent to
appear. Notifications to the court and all attorneys and unrepresented
parties must be completed no later than 4:00 p.m. on the court day
immediately preceding the day of the hearing.

c. Unless notification has been given as provided in (b), above, the tentative
rulings shall become the rulings of the Court, on the day of the hearing.
Signed orders on approved matters are generally available at the Probate
Clerk’s office within hours after the hearing, and are not immediately
available after the hearing.

3. Tentative Rulings - Guardianship Calendar

   During the court day preceding each weekly guardianship calendar, commencing
   at 11:00 a.m., or earlier if feasible, the Court will cause to be recorded a tentative
   ruling for each matter noticed on such calendar. The tentative ruling may be
   obtained by telephoning (707) 521-6881 (Opt. #1) (707) 521-6607 or by accessing
   the Court’s website at www.sonoma.courts.ca.gov and selecting the option for
   Tentative Rulings. The tentative rulings will also be posted at the guardianship
   department.

   a. Parties who do not object to the tentative ruling need not appear at the
   hearing, unless the ruling requires appearances or another party has
   requested a hearing pursuant to the procedure in subdivision (b), below.

b. Any interested party who wishes to be heard in relation to /the tentative ruling must call 707-521-6893 and leave a brief message that includes the name and telephone number of the party calling and the case name and number. Any interested party who wishes to be heard in opposition to a petition must also notify the attorneys for all represented parties as well as all unrepresented parties of their intent to appear. Notifications to the court and all attorneys and unrepresented parties must be completed no later than 4:00 p.m. on the court day immediately preceding the day of the hearing.

c. Unless notification has been given as provided in b, above, the tentative rulings shall become the rulings of the court when announced by the courtroom clerk at 9:15 a.m. on the day of the hearing.

4. Appearances

No appearances are required for pre-approved matters unless an interested person
has asked to be heard in response to the tentative ruling and has given the required
notice of such a request.

H. Ex Parte Applications and Stipulated Petitions

1. Ex Parte Procedure
a. Same Day Ex Parte Matters

If a party has reason to believe that an order is urgently needed to prevent irreparable
harm or immediate danger to person or property, that party may file a Same Day Ex Parte
application for relief. Filing fees must be paid, and in the event a new case is being
commenced a case number must be assigned, before a party presents any application for
ex parte relief.

An order granting or denying a Same Day Ex Parte matter is generally available for
pickup at 2:00 p.m. on the day it is presented.

b. Drop-Off Ex Parte Matters/Consent Petitions

Ex Parte Applications not based on an urgent need to prevent irreparable harm or
immediate danger to person or property may be submitted to the Court as a “Drop-Off Ex
Parte Matter” where otherwise authorized by statute, Rules of Court, court order, or these
rules. All Drop-Off Ex Parte Matters must include “Drop-Off Ex Parte Matter” on the
caption. Failure to include “Drop-Off Ex Parte Matter” on the caption will cause the
pleading to be reviewed as a Same Day Ex Parte application and will be denied if it does
not meet the standard for a Same Day Ex Parte application.
The following matters are expressly authorized to be presented as Drop-Off Ex Parte
Matters:
a. Approval of a stipulation, including a stipulated petition to approve settlement
agreement;
b. Petitions for letters of special administration or appointment of temporary
conservatorship;
c. Stipulated applications for a continuance of a hearing or trial;
d. Matters authorized to be presented to the court ex parte by statute or Rule of Court
(with citation to authorizing statute or Rule of Court);
e. Requests to advance a hearing date and/or shorten time;
f. Applications to correct an order;
g. Applications to reduce or increase bond;
h. Petitions to appoint a guardian ad litem;
i. Petitions to authorize sale of personal property in a conservatorship matter;
j. Petitions for final discharge and order;

k. Petitions for allowance or rejection of a creditor’s claim (by attorney or personal representative); or l. Petitions requesting court appointment of counsel.

The Court does not consider Heggstad, Probate Code section 15403 or section 15409 petitions as drop off ex parte matters. The Court may, with a sufficient showing of exigency per California Rule of Court, Rule 3.1202(c), consider such as an emergency same day ex parte, preseuming they are also accompanied by waiver(s) of notice and consent(s). (Eff. 1/1/2022)

An order granting or denying a Drop-Off Ex Parte Matter is generally available for pickup at 2:00 p.m. on the day which is five (5) court days after it is presented. (Rev. 1/1/2022)

6.4 CONSERVATORSHIPS AND GUARDIANSHIPS

H. Report of Court Appointed Counsel in Conservatorship Matters shall include, at a
mínimum:
1. The number and length of visits to the proposed conservatee, and whether the visits
were in-person or held in another manner (in person visit(s) are preferred if possible);

2. Whether other individuals were present during visits with the proposed conservatee,
and, if so, who;

3. Other individuals or documents consulted in counsel’s investigation of the facts and
counsel’s opinion of the merit of any claims of such parties for and against the
conservatorship, so far as consistent with counsel’s ethical obligations to the client (if
there are individuals in favor of the conservatorship and others opposing the
conservatorship, counsel is expected to consult with at least one individual
representing each such position);

4. The proposed conservatee’s wishes, desires, concerns, and objections, if any; and
5. Whether the attorney currently represents, or has previously represented, the
conservator or proposed conservator. (Eff. 1/1/2022)

RULE 8 RULES APPLICABLE TO CRIMINAL TRIAL PROCEEDINGS

8. 4 CRIMINAL PRETRIAL LAW AND MOTION

   Criminal pretrial law and motion hearings shall be heard by the judge assigned the case at such
   time and place scheduled by the judge.

   A. Written Motion Procedures

   1. All motions shall be made in writing. With the exception of 1050 PC continuance
   motions, Notice of Motion and Motion for Transfer pursuant to PC 1203.9 and

motions to vacate bail bond forfeitures, or upon order of the court, ALL motions must be filed in court, except that the judge may authorize filing of a motion in the Clerk’s Office by minute sheet entry. 1203.4 PC motions to expunge/reduce will be received in the Clerk’s Office and filed in court. The court shall set a hearing date for all motions. Appearances for filing of motions in court may be calendared through the Clerk’s Office.

All motions, including all Penal Code section 1538.5 motions, shall clearly state the grounds for the motion and be accompanied by points and authorities; which shall include a concise statement of the facts supporting the motion.

8.12 CALENDARING SYSTEM

A. First Appearance Date

First appearance date for out of custody felony defendants will be two weeks after arrest.

First appearance date for out of custody misdemeanor defendants will be four (4) weeks
after arrest except in cases where defendant is charged with violations of §§11550 and
11377 of the Health and Safety Code in which the first appearance date shall be ten (10)
days after arrest. See, Penal Code §853.6

When a defendant is charged with violations of Penal Code §§243(e)(1), 273.5, 273.6,
166(a)(4) or 422, the first appearance date shall be fourteen (14) days after date of arrest
when the defendant is not in custody.

B. Arraignments

Public Defender and District Attorney shall be present at all arraignments.

Any person appointed an attorney shall be assessed fees if that person is found able to pay
them.

C. Schedule of Events

Misdemeanors: After the entry of a plea of not guilty, the case shall be set for a settlement conference. If there is no settlement and no motions to be filed, the next event set shall be a readiness conference and jury trial. Misdemeanor cases shall be disposed in accordance with California Rules of Court - Judicial Administration Standards 2.2. (Effective 1/1/1997; Revised 1/1/2021, 1/1/2022)

D. Calendar Events

1. Arraignments

The District Attorney shall give a defendant, designated by the court as in pro per,
or an attorney appearing generally, a copy of all police and laboratory reports and
the complaint.

District Attorney shall file P.C. 1000 declarations if applicable.

2. Jury Trials

   a. Felony cases: Defendant is to be present at jury trial unless waived by
   the Court. Each judge shall conduct a pretrial conference to discuss in
   limine motions, jury instructions, witness schedules and voir dire
   procedures. (Eff. 1/1/1997; Rev. 1/1/2006, 7/1/2007; 7/1/15)

   b. Misdemeanor Cases: Defendant is to be present at jury trial readiness
   and jury trial confirmation unless waived by the Court. Each judge shall
   conduct a pretrial conference to discuss in limine motions, jury
   instructions, witness schedules and voir dire procedures. All motions in
   limine, requested jury instructions listed by name and number, witness
   list, and verdict forms shall be filed with the court no later than the first
   day of trial. Unless specially set, the first day of trial is Thursday at
   10:30 a.m. (Eff. 7/1/15; Rev. 7/1/2021, 1/1/2022)

RULE 9 RULES APPLICABLE TO FAMILY LAW PROCEEDINGS

9.4 FAMILY LAW FACILITATOR

A. Services Provided by the Family Law Facilitator

1. Provide educational materials to parents concerning the process of establishing
parentage and establishing, modifying, and enforcing child and spousal support
in the Courts;

2. Provide educational materials and information to parents concerning the process
of establishing child custody and parenting plan orders, particularly regarding
how custody and parenting plans relate to child support, to the extent that funding
is provided.

3. Distribute necessary court forms and voluntary declarations of paternity;

4. Provide assistance in completing forms;

5. Prepare support schedules based upon statutory guidelines;

6. Provide referrals to the local child support agency, Family Court Services, and
other community agencies and resources that provide services for parents and
children.

B. Additional Services Designated by Local Rule

1. Meet with the litigants to mediate issues of child support, spousal support, and
maintenance of health insurance, where at least one of the parties is not
represented by an attorney;

2. Draft stipulations and stipulated judgments regarding all Family Law issues,
   where neither party is represented by an attorney;

   3. At the request of the court, prior to or at the Domestic or Child Support Calendar
   or other hearing, review paperwork, examine documents, prepare support
   calculations, and advise the judge or commissioner whether or not the matter is
   ready to proceed;

   4. Prepare formal orders consistent with the court’s announced orders where neither
   party is represented by an attorney;

   5. Assist and advise the Family Law clerk with procedures and maintenance of
   records;

   5. 6. When requested by the court, serve as a special master and make findings and
   recommendations to the court, unless the Family Law Facilitator has served as a
   mediator in that case;

   6. 7. When requested by the court, provide the services specified in Family Code
   section 10004 concerning the issues of child custody and parenting plans as they
   relate to calculating child support, if funding is provided for that purpose.

   Assist the court with research and any other responsibilities which will enable the
   court to be responsive to the needs of unrepresented parties;

   7. 8. Develop and provide programs for Bar and Community Outreach that will assist
   unrepresented and financially disadvantaged parties to gain equal access to the
   Family Law Court. (Eff. 1/1/1997; Rev. 7/1/2005, 7/1/2009, 7/1/2010, 7/1/2012,
   1/1/2022)

9.13 DOMESTIC AND CHILD SUPPORT CALENDARS C. Meet and Confer Requirements

No case on the Domestic Calendar, Case Resolution Calendar, Settlement Conference Calendar, Trial Calendar, or the Child Support Calendar will be heard unless and until ALL THE PARTIES, COUNSEL, AND THE LOCAL CHILD SUPPORT AGENCY (when involved in the case) have met and conferred, face to face, in a good faith effort to resolve all issues. All relevant documents shall be exchanged by all the parties, their counsel, and the local child support agency while conferring, absent good cause to the contrary.

The requirement to meet and confer may be satisfied by a meeting on the day of the hearing prior to the case being heard. except in cases in which one or more parties will appear by telephone.

Failure to so meet and confer may result in the matter being dropped from calendar or continued, or rejection of documents not so exchanged, or other appropriate sanctions.

Contempt proceedings shall not be subject to this rule.

9.14 MEDIATION AND CHILD CUSTODY RECOMMENDING COUNSELING (CCRC) CHILD CUSTODY

A. Purpose

The purpose of the Mediation and CCRC session is to reduce the acrimony which may exist
between the parties and to develop a custody/visitation plan which ensures that minor
child(ren)’s frequent and consistent contact with both parents, when it is in their best interest.
All parties shall make a good faith effort to arrive at an agreement regarding child custody
and visitation before scheduling appointments with Family Court Services, and before the
court hearing, except in those cases where domestic violence or other restraining orders have
been issued or are pending a hearing, or where there are allegations of child abuse or neglect
currently under investigation.

B. Services: Mediation, Information Review and Child Custody Recommending

Counseling

1. Confidential Mediation (Tier I). Tier I referrals are for confidential mediations for
families who have been unable to reach an agreement regarding custody and
parenting time. Tier I mediation shall be made available in all cases in which child
custody or visitation is an issue.

a. Children shall not participate in Tier I.

b. Tier I is confidential except the mediator may report any suspected child
abuse, elder abuse, if someone is a danger to themselves or others or if a
parent reports to have committed or intend to commit a serious crime (Penal
Code section 11166).

2. Information Review and Summary (Tier II). Tier II referrals are for the purpose
of reviewing and summarizing specific information filed with the Court. A judicial
officer has the discretion to include specific areas of inquiry in a Tier II referral
including but not limited to, local criminal records, Child Protective Services records,
as well as child interviews. Aside from these three aforementioned collaterals, should
the Court require additional review information to be summarized by the
recommending counselor (i.e., law enforcement, school, medical or psychological
records, etc.); in that case, the judicial officer will order the party to file such records
with the Court, and for the recommending counselor to review and summarize the
required information. The parties shall have 30 days to file the required documents.
Failure to file the required documents may result in a continuance or a court decision
being made without the additional information. Tier II summary reports will be
provided to the Court and the parties. The confidentiality of Tier II sessions is limited
as a report must be provided to the Court.

3. Child Custody Recommending Counselling (Tier III). Tier III referrals are child custody recommending counselling sessions. Should an agreement be reached, in such case the child custody recommending counselor will document the agreement. If an agreement is not reached or only a partial agreement is reached, in that case the child custody recommending counselor will report and submit the partial agreement or recommendation to the Court. Tier III summary reports will be provided to the Court and the parties. The confidentiality of Tier III is limited as a report is provided to the Court. 4. Tier II or Tier III referral assignments. Assigned mediators will not be assigned to conduct Tier II or Tier III sessions, in the absence of unusual circumstances as determined by the Director of Family Law or order of the Court after a hearing before a judicial officer.

C. Referral to the Online Orientation Program and Family Court Services

All Requests for Orders regarding custody or parenting plan issues must be filed and served with local form FL-017, entitled “Further Orders for Parties with Custody and Visitation Matters.” Appointment dates for mediation or child custody recommending counseling appointments (hereafter referred to as recommending counseling) may be obtained through the Clerk’s Office on the date of filing. No contested child custody or parental contact cases, including requests for review dates and requests for modifications, will be heard by the cCourt unless and until the parties have been provided appropriate opportunity to attend view an orientation class and attend a mediation or recommending counseling appointment.

All parties shall view complete the online orientation program and complete an online intake form, prior to attending and attend the mediation or recommending counseling appointment as directed on the order entitled, “Further Orders for Parties with Custody and Visitation Matters” document. (Sonoma County form FL-017). The online orientation program cannot be waived and must is to be viewed completed before prior to the recommending counseling Family Court Services appointment. at Family Court Services. Should the parties fail to view the orientation or complete the intake form prior to their session, they will need to take time from the 90 minutes that are allocated to his/her respective session and view the online orientation program. The Family Court Services session will not move forward until the parties have complied with these two mandatory provisions.

D. Documents to be Delivered and Reviewed by the Mediator/Child Custody

Recommending Counselor

All relevant materials to be considered by Family Court Services must be delivered to all other parties in a timely manner. E-mail delivery is permitted upon the attorney of a represented party. E-mail service is not permitted upon a self-represented party without the party’s express consent on form EFS-005-CV.

Delivery shall be as follows:

1a. Moving documents must be filed and personally delivered, faxed or e- mailed no less than seven (7) court days prior to the recommending counseling appointment. If delivery is by US Mail, documents must be mailed to opposing party seven (7) court days plus five (5) calendar days prior to the appointment recommending counseling date. Proof of delivery is required. Responding documents must be filed and personally delivered, faxed or e-mailed no less than two (2) court days prior to the recommending counseling appointment. If delivery is by US Mail, documents must be mailed to opposing party two (2) court days plus five (5) calendar days prior to the recommending counseling Family Court Services appointment.

2b. For review hearings, documents must be personally delivered, faxed or e- mailed ten (10) court days in advance of the FCS appointment. If sent by mail, then documents must be mailed five (5) additional calendar days in advance. The parties are not permitted to provide FCS with any documents, including replies, after the time set forth in this paragraph except for compliance certificates and documents as set forth in subparagraph “c” of this Rule 9.14, This does not affect either party’s right to timely file any appropriate pleadings with the cCourt before the review hearing itself. Documents filed or delivered after the time set forth in this paragraph will not be reviewed by the FCS staff.child custody recommending counselor. Courtesy copies are not required shall not be submitted.

3c. No court documents shall be served or exchanged at Family Court Services. Videotapes, rRecordings, electronic communication and photos shall not be submitted or shared at the time of the session. brought to the child custody recommending counseling session.

Only the following types of documents showing compliance with prior court orders may be presented at Family Court Services at the time of the appointment without being previously filed and served if they were not available to be served and delivered in compliance with paragraph 9.1 4, A1.a: Counseling, education, self-help programs, drug test results, law enforcement records, supervised visitation, day care, anger management/domestic violence/ psychological/substance abuse assessments and medical records.

The Court may impose a financial penalty on a party or attorney who failed to provide documents to the opposing party in a timely manner.

When the parties have reached an agreement concerning any issues, Family Court Services shall report any agreement to the court in writing.

If the parties fail to reach any agreements, Family Court Services shall provide the court with its recommendation as to custody, parenting plans and restraining orders pending further proceedings, pursuant to Family Code section 3183. Such recommendations shall be in writing and may include referral for an investigation and/or a child custody evaluation and

report pursuant to Evidence Code section 730. The court may consider the Family Court Services recommendation when making any custody or parenting plan orders.

Copies of all reports to the court regarding Family Court Services
agreements and/or the child custody recommending counselor’s
recommendations will be delivered to the parties and/or their attorneys as
soon as practical prior to the hearing.

2. Appearing by Telephone

Party(ies) may appear telephonically for their appointment at Family
Court Services if they are 60 miles or more driving distance, in one
direction, from the Family Court Services Office. Party(ies) shall contact
Family Court Services by telephone at (707) 521-6800 no later than one
day before the scheduled appointment to make arrangements to appear by
telephone for the appointment.

3. Failure to Attend Recommending Counseling Appointments at
Family Court Services

The court may impose a fine on a party who receives reasonable notice of
the appointment and fails to appear. Inquiry may be made by the court on
the reasons why one or all the parties missed their appointment. Fines as
deemed appropriate by the judicial officer may be levied and collected by
the Court Collections Division. A “Failure to Appear” report will be filed
by Family Court Services prior to the imposition of any fine.

Failure to cancel or re-schedule an appointment at least 48 hours before
the appointment may result in sanctions.

ED. Complaints or Requests for Change of Mediator or Recommending Counselor, or Complaints Regarding Recommending Counselors

Any request for a change of mediator or recommending counselors or any complaints relating to general problems with Family Court Services sessions recommending counseling must be received by the Office of the Court Executive Officer or his/her designee no later than 30 thirty (30) calendar days after the mediation or recommending counseling session and should be addressed to the Court Executive Officer. Requests or complaints received after this time frame will not be considered. The request or the complaint should be completed and submitted using the Family Court Services Complaint Process Regarding a Mediator/Child Custody Recommending Counselor online form.in writing and should set forth the case name, case number, and the nature of the request for a change in recommending counselor, and should set forth all of the facts and circumstances

with as much clarity and specificity as possible. A response to the complaint will be issued in writing 30 thirty (30) calendar days after the complaint is received by the cCourt. The other party will be copied with the response.

Complaints or disagreements related to the content of the Family Court Services
report should must be addressed with the Court.

F5. Contact with Family Court Services

No party, attorney, or the cCourt is permitted to have any ex parte contact with the
assigned Family Court Services mediator or recommending counselor about the
pendingpending case.case. Communication with the Family Court Services staff shall be
conducted by a mutually agreed upon conference between each party, or if
represented, his or her attorney, and the recommending counselor. Family Court
Services’ staff other than the assigned recommending counselor may be contacted
regarding scheduling and timing of the recommending counseling process.

Minor’s counsel may contact Family Court Services pursuant to Family Code
section 3151(c)5 to obtain and provide relevant information regarding the
child(ren) they represent. However, Family Court Services is prohibited from
contacting the minor’s counsel pursuant to California Rule of Court 5.235.

Unsolicited communications (facsimiles, e-mails and correspondence via regular
mail) are not permitted and will not be reviewed or considered.

B. G. Appointment of Child Custody Evaluators

1. Referral

In the event of a referral to a private psychological expert for a custody
evaluation and report, the parties shall complete the Order Appointing
Child Custody Evaluator (FL-327) and the cCourt shall make an order
regarding the payments of the costs of such evaluation at the time the
evaluation is ordered.

2. Time Limits

Custody Evaluation Reports will be lodged with the cCourt within ninety
(90) days of the date such investigation has commenced (120 days if one
party resides outside the county). The “commencement date” for a report
by a private psychological expert shall be when the parties have paid the
required deposit/retainer and submitted any required paperwork.

Custody Evaluation Reports are confidential and shall be distributed to parties, attorneys, experts, and the Court. The report, or any portions thereof, shall not be shown or distributed to any other person or used or attached to any document filed with the Court, except as authorized by the Court. Upon a request by the evaluator or a party, the Court may make additional and/or more limited restrictions regarding the release and distribution of the report. The Court shall sanction unauthorized distribution or use of the report.

3. Complaints or Requests for Change of Private Evaluator or
Complaints Regarding Evaluators

Private Psychological Evaluators

An evaluator may only be disqualified or removed at the request of a party
on grounds that are similar to the disqualification or removal of a judicial
officer, referee or arbitrator (Code of Civil Procedure. section 170.1).

An evaluator may decline appointment. Once appointed, an evaluator may
petition the cCourt for withdrawal by submitting a letter to the cCourt,
with copies to counsel and/or self-represented parties. The letter shall state
the reasons for the request for withdrawal. The cCourt shall thereafter set
a hearing to determine whether the request will be granted and if granted,
to appoint a new evaluator.

A party with a grievance regarding an evaluator shall first meet with the
evaluator to attempt to resolve the issue, if the evaluator is willing to meet.
If the evaluator is not willing to meet, or if after meeting with the evaluator,
the grievance is unresolved, complaints regarding an evaluator shall be
directed to the Family Law Judicial Officer who is, or has been hearing
the case. The complaint shall be in writing and should set forth the case
name, number and the nature of the complaint, including all the facts and
circumstances with as much clarity and specificity as possible.

4. Contact with Private Child Custody Evaluator

No party, attorney, or the cCourt is permitted to have any ex parte contact
with the assigned child custody evaluator about the pending case, except
as directed by the child custody evaluator during the custody evaluation
procedure.

HC. Appointment of Parent Coordinator

1. Parties may stipulate to the appointment of a Parent Coordinator or
Parent Coordinator Team.

2. Parent Coordinators Team: If the parties stipulate to the appointment of
   a Parent Coordinator Team, the parties or their attorneys, if represented
   by counsel, shall contact the proposed mental health and attorney
   members of the Team to obtain his/her consent to act as a Team. The
   Team may only be appointed by agreement of both parties and upon each
   Team member signing the Stipulation and Order Regarding Appointment
   of Parenting Coordinator FL-030 and the attorneys for the parties signing
   The Role of the Client’s Attorney document, Sonoma County Local
   Form FL-031. Any requested modifications to the provisions of the local
   forms must be approved by each Team member. A Stipulation and
   Order for Appointment of Parent Coordinator Team may only be
   submitted to the Court for approval and signature after obtaining the
   confirming signatures of the mental health and attorney members of the
   Team.

   3. Attorneys and mental health professionals who want to be appointed as
   parent coordinators must complete the application for approval to serve
   as a parent coordinator (FL-037) and submit it to the Court.

   4. The Court shall maintain a list of approved Pparent Ccoordinators who
   have satisfied the requirements set forth in the application.

   5. The Court shall annually contact the parent coordinators on the list and
   request declarations from them stating their current education and
   licensing status.

ID. Appointment of Minor’s Counsel

1. Family Code section 3150 Appointments

ai. The Court may appoint counsel to represent a child in a custody
proceeding. The Court shall require the parties to submit financial
information, such as an Income and Expense Declaration, in order
to consider whether the parties are able to pay the minor’s counsel
fees. The appointed attorney shall receive a reasonable sum for
compensation and expenses. The Ccourt shall set the attorney’s
hourly rate taking into consideration the parties’ financial
circumstances. The rate may be up to the attorney’s full hourly
rate. The Ccourt shall apportion payment of the hourly rate
between the parties depending on the parties’ respective financial
circumstances. The Ccourt may order the parties to submit
updated financial information.

bii. If the Court finds that the parties cannot afford to compensate the minor’s counsel, appointed counsel shall be compensated at the rate established by the Superior Court of Sonoma County.

Fees and expenses including, but not limited to, travel time, mileage to or from any location, tolls, photocopy charges, telephone or fax costs, secretarial or document processing fees, postage, preparation of billing package, and court runner and messenger fees, shall not be reimbursed. Fees shall not be charged by the Court for the filings of appointed counsel. The Court shall make an order of appointment, which will include the rate of payment and an expiration date for the appointment. Minor’s counsel, appointments will be reviewed annually, and the Court may require additional Income and Expense Declaration submissions by the parties to determine whether a change in circumstances has enabled the parties to pay future minor’s counsel fees.

The appointed counsel shall submit invoices for payment on a quarterly basis. The Ccourt uses a fiscal year that operates from July 1 st - June 30th. Request for payment by appointed counsel must be submitted within the fiscal year that the services were performed or the invoice will not be paid. The only exception is at the close of the fiscal year (June 30th), where the appointed counsel may submit an invoice for work performed in the last quarter of the fiscal year by July 31 st of that calendar year.

When submitting an invoice to the Ccourt for reimbursement the appointed counsel must include: (1) the order indicating the appointment and the terms of compensation, (2) a declaration of the attorney and detailed invoice which clearly describes the services provided and the hours assigned to each service, and (3) a proposed order for payment.

All requests for payment are subject to judicial review. If the reviewing judge deems the charges excessive or not conforming to this rule, charges may be reduced or disallowed.

ciii. Application for Appointment for Family Code section 3150

Appointments

aa. To apply to be on the court approved attorney appointment panel for Family Code section 3150 appointments, an attorney must file an application and confirmation that they have met the educational requirements with the family law supervising judge.

bb. The Ccourt will evaluate the application and notify the
applicant within 30 days of the Ccourt’s decision.

cc. The Ccourt will only appoint attorneys who are members
of the court approved counsel panel.

div. Annual Review

aa. Upon appointment of minor’s counsel the Ccourt will set
an annual review of the appointment of minor’s counsel.
This date will be approximately twelve 12 months after
the first appearance of minor’s counsel in the case.

bb. At the annual review, the Ccourt will determine whether
the minor’s counsel has satisfied his/her education
requirements as set forth in CRC 5.242(c-e).

cc. The annual review will be scheduled in the order of
appointment or at the child’s counsel’s first court
appearance of the case.

v. Inter-Agency Exchange of Information

aa. This rule addresses the exchange of information between
Family Court Services, Probation Department,
Department of Human Services, Case Management
Council, minors counsel and the Court Investigator in
juvenile delinquency, juvenile dependency, child custody,
conservatorship, guardianship, and criminal proceedings.
The disclosure of information concerning children and
their parents by any of these agencies is generally
prohibited by law. Nevertheless, a limited exchange of
information about children or parents between these

agencies in certain circumstances will serve the best interests of the child who is before the court. The court hereby finds that the best interests of children and victims appearing in court, the public interest in avoiding duplication of effort by the courts and by the investigative agencies serving the juvenile and family courts and the value of having relevant information gathered by a court agency outweighs the confidentiality interests reflected in Penal Code sections 11167 and 11167.5 and W&I sections 827 and 0850 et seq., Family Code section 1818, and Probate Code section1513, and therefore good cause exists for this rule.

bb. The representatives of the above-listed agencies who are investigating or supervising cases involving children may orally disclose information to each other as follows:

Whether the child before the court, his/her parents, guardians, or caretakers are or have been the subject of a child custody, delinquency, dependency criminal or probate investigation, the findings and status of that investigation the recommendations made or anticipated to be made to the court by the agencies listed above, and the progress while under court supervision including compliance with court orders, and any court orders in existence with respect to the child, parents, guardians, or caretakers.

Any statement made by the child or the child’s parents, guardians, or caretakers which might bear upon the issue of the child’s best interests in the pending case.

Each agency may include this information in court reports and keep such information in their case files.

All of the above listed agencies may provide written documents to each other. These documents may include but are not limited to relevant portions of investigation notes, progress notes and summaries, and court reports containing information described in (a) and (b) above. However, child abuse and neglect reports described by Penal Code section 11167.5 (Suspected Child Abuse Report form #S-8572), information disclosing the identity

of a reporting party, or court-ordered psychological evaluations will not be exchanged between the agencies absent a court order. Copies of HSD or Juvenile Probation Department documents used by the above-listed agencies will not be made available to the public without a court order.

cc. Any disclosure authorized by this rule shall be subject to
the following conditions: The agency receiving the
request shall first establish to its satisfaction that the
inquiring party is in fact a member of an agency
designated above; all information shall be provided
orally; if an agency desires written documentation, it shall
make written application for a court order releasing that
documentation; the information gathered shall be used
exclusively in the investigation being conducted and the
subsequent court proceedings, and shall not be repeated
to anyone not a party to those proceedings without court
order.

dd. Nothing in this rule is intended to limit any disclosure of
information by any agency which is otherwise required or
permitted by law or by other court orders.

ee. The release of information by Family Court Services is
subject to limitations imposed by state and local rules.

evi. Relieving Minor’s Counsel of Appointment

The Ccourt, in its discretion, will consider relieving minor’s
counsel of appointment under the following circumstances:

aa. At the time of a final order or judgment has been filed, or
90 days thereafter, or;

bb. A motion filed by any party for good cause; or

cc. A motion to be relieved filed by the minor’s counsel if the
minor’s counsel does not believe that he or she can
effectively represent the child; or

dd. At the annual review.

ee. Minor’s counsel will not be relieved if the Ccourt, upon a showing of good cause, deems it necessary to extend the appointment, or if the Ccourt requests periodic review or monitoring of the child related issues before the Ccourt. At any hearing where the Court is considering relieving minor’s counsel, the Court will address the issues of reimbursement of fees paid to minor’s counsel by the Superior Court. All parties must file current income and Expense Declarations at the hearing.

fvii. Grievance

A party or counsel who wishes to lodge a complaint regarding the performance of a minor’s counsel appointed by the Ccourt must do so in writing and serve the original of the complaint on the minor’s counsel no later than 20 days after the event giving rise to the complaint or within 20 days of receiving any written report of the minor’s counsel.

No later than 10 court days after the receipt of the complaint, the minor’s counsel must serve the complainant with a written response to the complaint. Without conceding the accuracy of the contents of the complaint, minor’s counsel may ask the Ccourt to relieve him or her of the appointment and, if appropriate, appoint a new minor’s counsel.

If the response served by the minor’s counsel does not resolve the

complaint, the complainant must serve a copy of the complaint and the response of the minor’s counsel, if any, on the supervising family law judge whose decision concerning the complaint, which may include removing the minor’s counsel from the panel of minor’s counsel used by the Ccourt, will be final. The decision by the supervising judge must be served on the complainant and minor’s counsel within 15 court days of receipt.

g.viii. Minors counsel may contact Family Court Services pursuant to Family Code section 3151(c)5 to obtain and provide relevant information regarding the child(ren) they represent. However, Family Court Services is prohibited from contacting the minors counsel pursuant to California Rule of Court 5.235.

hix. All other aspects of Family Code Section 3150 appointments are governed by California Rules of Court 5.240 - 5.242.

J2. Family Code section 7860 Appointments

The Ccourt may appoint counsel to represent a child or parent in a freedom from parental custody and control proceeding. The appointed attorney shall receive a reasonable sum for compensation and expenses, the amount of which shall be determined by the Ccourt. The amount shall be paid by the real parties in interest, other than the child, in proportions the Ccourt deems just.

If the Ccourt finds that the real parties in interest are unable to afford counsel, the

amount shall be paid out of the general fund of the county.

All requests for payment are subject to judicial review. If the charges are

deemed excessive by the reviewing judge, charges may be reduced or disallowed.

(Eff. 7/1/13; Rev. 7/1/14) (Renumbered 1/1/2016; 1/1/2018, 7/1/19, 1/1/2021,

1/2022)

9.19 LAW AND MOTION MATTERS E. Hearings, Tentative Rulings and Oral Arguments

1. Commencing at 2:00 p.m. on the court day preceding each Law and Motion
calendar, the court will cause to be recorded a tentative ruling (if available) on
each motion set on the next day's Law and Motion calendar on the court’s
website http://www.sonoma.courts.ca.gov. For tentative rulings by phone, please
call (707) 521-6607. The tentative ruling shall become the ruling of the court,
unless any party desiring to be heard so advises the judicial assistant for the
designated family law judicial officer no later than 4:00 p.m. on the court day
preceding the law and motion calendar, and further advises the judicial assistant
for the designated family law judicial officer that such party has notified all other
parties of her/his intention to appear. Where appearance has been required or
invited by the court, oral argument may be presented.

2. Evidence received at a law and motion hearing shall be by declaration and
affidavit and by request for judicial notice without testimony or cross-
examination, except as allowed in the court’s discretion for good cause shown or
as permitted by these rules.

9.20 FAMILY LAW SETTLEMENT CONFERENCES

A. Family law judicial officers may refer cases for a Settlement Conference which shall be
conducted by a settlement conference officer as directed by the family law judicial

officers. When setting a settlement conference date, the Court shall always set a Case Resolution Conference date following the settlement conference date. The Court will serve all parties personally or by mail.

Settlement Conferences will be scheduled only if Preliminary Declarations of Disclosure
have been exchanged and an FL-141 has been filed by the requesting party and, if
required, by the responding party; or the requesting party has complied and there is good
cause for proceeding without the other party having provided the Preliminary Declaration
of Disclosure and filed an FL-141.

F. Appearances

Each party and principal trial attorney for each party shall attend the Settlement
Conference. The Settlement Conference shall be conducted by a Settlement Conference
officer to be appointed by the court. Unless notified otherwise, appearance by all parties
is mandatory. An attorney or party who fails to attend or participate effectively in any
Settlement Conference may be subject to sanctions. Any alternative to personal appearance
shall be pre-approved by a judicial officer. When the local child support agency has
intervened in a case, the agency will determine if its appearance is necessary and notify the
Court whether it intends to appear. The agency may appear by telephone.

A Settlement Conference calendar will be called by an assigned judicial officer at 1:30 p.m.
on Thursday and 8:30 a.m. on Friday each week. At the calendar call, the court will assign
the case to a Settlement Conference officer and also may consider the imposition of
sanctions for failure to comply with any part of this rule.

Settlement Conferences will last a maximum of three (3) hours or until the parties are
excused by the Settlement Conference officer. Parties and counsel are expected to be
present for the entire Settlement Conference, with the exception of the local child support
agency, which may appear for support-related issues alone. If the agency is a party to the
action, any settlement involving support issues requires the agency’s signature.

9.24 CHILD CUSTODY TRIALS

Either party may request an expedited custody trial on custody issues by filing a Request for Settlement Conference/Request for Settlement Conference and Trial, Sonoma County form FL- 074. The request for trial does not need to be a joint request of the parties. The parties are not required to complete a Statement of Issues prior to trial.

The Court shall set a hearing and a Case Resolution Conference on the Domestic calendar approximately two weeks after receiving the request for an expedited child custody trial. the settlement conference.

At the hearing/Case Resolution Conference, following the settlement conference the Court may make set a settlement conference, make interim orders, set the matter for trial, or make other pertinent orders. The Case Resolution Conference shall be continued to a date consistent with the status of the case.

9.26 JUDGMENTS

D. Bifurcation of Marital Status

Contested bifurcation motions in cases where both parties have appeared are law and
motion matters governed by Rule 9.19.

The following documents are required for bifurcation of status only judgments:

1. Bifurcation without Agreement.

a. Declaration Regarding Service of Preliminary Declaration of Disclosure
from Petitioner (FL-141).

b. Request for Order (FL-300) for Bifurcation and Request or Response to
Request for Separate Trial (FL-315). (Sonoma County requires a hearing
for bifurcation of marital status that proceeds by default. The hearing must
be set at least six months from the service date of the petition on the
Respondent.)

c. Declaration for Default or Uncontested Dissolution (FL-170)

d. Status Only Judgment (FL-180)

e. Notice of Entry of Judgment (FL-190) with a stamped, self-addressed
envelope for each party. The submitting party must provide enough
postage for return of all documents submitted.

f. Bifurcation of Status of Marriage or Domestic Partnership - Attachment
(FormFL-347)

9.289 DELIVERY OF COURTESY COPIES

When filing documents for a hearing fewer than 10 court days prior to the hearing date, the filing party shall deliver a courtesy copy to the judicial officer’s chambers. (Eff. 7/1/15) (Renumbered 1/1/2016, 1/1/2022)

9.2930 REQUESTS FOR SPECIAL IMMIGRANT JUVENILE FINDINGS:

Requests for Special Immigrant Juvenile Findings pursuant to Code of Civil Procedure section 155 in family law matters shall be filed as a separate stand-alone filing. Such requests shall not be made in the form of an attachment to the Petition, but should be submitted separately in the form of pleading, or as a separate Request for Order. Any Request for Order shall not be combined with other issues, and shall be a stand-alone application relating only to the Special Immigrant Juvenile Findings pursuant to Code of Civil Procedure 155. (Eff. and renumbered 1/1/2016; Renumbered 1/1/2022)

RULE 10 RULES APPLICABLE TO JUVENILE COURT PROCEEDINGS

(Rule 10 was became effective 1/1/1997, Revised 7/1/2006)

10.1 JUVENILE ABBREVIATIONS, ADMINISTRATION AND DEFINITIONS

The Juvenile Court hears both Juvenile Dependency and Juvenile Justice actions. All cases in
Juvenile Court shall be subject to assignment to a judicial officer for all purposes at the time of
filing of the action who shall thereafter handle all proceedings involving the matter, including
trial, except as otherwise provided or required by law.

The following abbreviations are used throughout these rules:

CASA = Court Appointed Special Advocate
CRC = California Rules of Court
HSD = Human Services Department
ICWA = Indian Child Welfare Act
IEP = Individual Education Plan
NBRC = North Bay Regional Center
W&I = Welfare & Institutions Code

The following definitions are used throughout these rules:

“Standing Order” means orders executed by the Presiding Judge of the Juvenile Court of general
application to the Court, attorneys, parties, agencies and organizations that appear before or
transact business with the Juvenile Court , Social Services Agency, or Probation, and that are
designed to expedite and facilitate the business of the Court or those agencies.

“Court”, unless otherwise specified, means the Sonoma County Juvenile Court, sitting as such
pursuant to Welfare and Institutions Code section 245.

“Court Protocol” means agreements of practice or procedure made between the Court and
juvenile justice or human services partners.

“Judge”, unless otherwise specified, means those judges or judicial officers designated to hear juvenile cases, pursuant to Welfare and Institutions Code section 246. (Eff. 1/1/14, Revised 1/1/2022)

10.2 JUVENILE CALENDARS

Juvenile calendar matters with regard to Sections 300 et seq. and 600 et seq. of the W&I Code shall be heard as designated by the Presiding Judge. A copy of the current designation may be obtained at the Sonoma County Superior Court website at www.sonoma.courts.ca.gov or at the courthouses. Dependency and delinquency Juvenile Justice matters shall be heard by a judicial officer or persons specified by the Presiding Judge. (Eff. 1/1/14, Revised 1/1/2022)

10.3 RULES OF PROCEDURE AND STANDING ORDERS

CRC, rules 5.500 - 5.830 5.906 apply to all juvenile proceedings.

Standing Orders:

(Standing orders are posted on the court’s website at www.sonoma.courts.ca.gov.)

Release and Sharing of Education Related Records of Juvenile Court Wards and Dependents; No. 2004(1); Issued August 16, 2004

Release and Sharing of Confidential Education and Mental Health Records to Assist Probate, Guardianship, and Juvenile Court Investigators; No. 2004(2); Issued December 16, 2004 (Revised 1/1/2007, 1/1/2022)

10.4 ATTENDANCE AT HEARINGS (CRC, RULE 5.530) AND OTHER PROCEEDINGS

Unless excused by the Court, each adult party and attorney shall attend each scheduled Juvenile Court hearing, including settlement conferences and mediation sessions.

In Juvenile Justice matters, minors shall attend all hearings unless specifically excused by the Court or Probation. If a minor is in placement or foster care out of county or out of state, the physical presence of the minor can be excused and the minor may appear electronically.

(Revised 1/1/2007, 1/1/2022)

10.6 PRE-HEARING DISCOVERY

A. Informal Discovery

Pre-hearing discovery shall be conducted informally in accordance with CRC 5.546. Except as protected by privilege or statute, all relevant material shall be disclosed in a timely fashion to all parties to the litigation.

B. Formal Discovery

Only after all informal means have been exhausted, may a party petition the court for
discovery. Any noticed motion shall state the relevance and materiality of the information
sought and the reasons why informal discovery was not adequate to secure that
information.

The date for the hearing shall be obtained from the Juvenile Court. A copy of the motion
shall be served on all parties at least five (5) court days before the hearing date. At the
time of service, a courtesy copy shall be delivered to the judicial officer before whom the
matter is scheduled to be heard. Any responsive papers shall be filed and served and a
courtesy copy delivered to the designated judicial officer two (2) court days prior to the
hearing.

There shall be no depositions, requests for production of documents, interrogatories, and
requests for admissions or other similar types of civil discovery without approval of the
Judge of Juvenile Court upon noticed motion. See Joe Z. v. Superior Court (1970)
3 Cal.3d 797.

C. Experts and Other Witnesses

The name(s) of any experts to be called by any party and copies of their reports, the names
of any witnesses to be called, and copies of any documents to be introduced at the hearing
on the merits shall be made available to all parties no later than (2) two court days after the
settlement conference in dependency proceedings or pre-trial confirmation in delinquency
proceedings, unless otherwise ordered by the court. If no settlement conference is held in
a dependency case, disclosure shall be made at least three (3) court days prior to the master
calendar.
(Revised 1/1/2007, 1/1/2022)

10.10 REFERRALS TO OTHER COURTS ATTORNEY COMPETENCE (Juvenile Justice Proceedings)

Each court appointed attorney who practices before the Juvenile Justice Court must meet the educational requirements of CRC 5.664. The Court may require evidence of the competency of any attorney appointed to represent a youth in a juvenile justice proceeding, including requesting documentation of training attended. The court may also require attorneys who represent youth in juvenile justice proceedings to complete Declaration of Eligibility for Appointment to Represent Youth in Juvenile Justice Court (JV-700). (Effective 1/1/2022)

10.11 CONTINUANCES

A. Attorneys for parties are required to adhere to the statutory time lines for all hearings.

B. Dependency: Continuances will be granted and time waivers accepted pursuant to W&I section 352 and CRC, rule 5.550. Requests for stipulated continuances shall be presented to the court by noon one (1) court day prior to the hearing.

C. Delinquency Justice: Continuances of jurisdictional hearings will be granted only upon
written motion with notice to all attorneys and unrepresented parties filed within two (2)
court days of the date set for hearing. All other hearings may be continued by written
motion noticed on an ex parte basis if all attorneys and parties agree to the continuance and
the new date for hearing.
(Revised. 1/1/2007; 1/1/2022)

10.17 RELEASE OF INFORMATION RELATING TO JUVENILES

B. Documents Excluded from the Term “A Juvenile Case File”

Medical and psychiatric records, including Evidence Code section 730 evaluations and any child abuse reports, are strictly confidential and not available for inspection or copying except from the subject of the record or his/her attorney.

C. Inspection and Copying

The following persons may inspect and receive copies of juvenile case files without filing
a petition pursuant to W&I section 827:

1. Court personnel and court investigators from any county;

2. Any attorney representing the minor, minor’s parents, minor’s guardians The
district attorney, a city attorney or city prosecutor authorized to prosecute
criminal or juvenile cases under state law;

3. The minor or minor’s parents or guardians if they are self-represented. The minor
who is the subject of the proceeding;

4. The minor’s parent or guardian;

5. The attorneys for the parties, judges, referees, other hearing officers, probation
officers, and law enforcement officers who are actively participating in criminal
or juvenile proceedings involving the minor;

6. The county counsel, city attorney or any other attorney representing the
petitioning agency in a dependency action;

7. Members of the child protective agencies as described in section 11165.9 of the
Penal Code;

8. The State Department of Social Services;

9. Authorized staff who are employed by, or authorized staff of entities who are
licensed by the State Department of Social Services; and

10. The Department of Justice.

D. Inspection

Other persons or entities as listed in W&I section 827 shall be entitled to inspect a juvenile case file but shall not be entitled to copy a juvenile case file.

Pursuant to W&I section 676(d), when a petition has been sustained for an offense listed in W&I section 676(a), the following information contained in the court file shall be available for public inspection: (a) the charging petition, (b) the minutes of the proceeding, and (c) the orders of the adjudication and orders of the disposition of the court.

10.18 LOCAL RULES RELATING TO CHILD ADVOCATES

A. The CASA Program

The Juvenile Court may appoint a CASA to represent the interests of dependent or
delinquent justice children. The CASA program must operate under the guidelines set forth
in W&I section 100 et seq.; W&I section 356.5; and CRC, rule 5.655.

The CASA program shall report regularly to the Presiding Judge of the Juvenile Court with
evidence that it is operating under the guidelines established by the National Court
Appointed Special Advocate Association and the California State Guidelines for child
advocates.

F. Procedures in Delinquency Juvenile Justice Cases

A request for appointment of a CASA in a delinquency case may be made orally or in
writing in open court or ex parte by the probation officer or any party to the case, or by the
court on its own motion. If the court grants the request, it shall order that the case be
referred to CASA for screening.

1. When the court grants the request for appointment of a CASA, CASA shall prepare
and present to the court an order appointing the CASA.

2. Any party to the proceeding may petition the court for a hearing to reconsider the
appointment.

3. A CASA may petition the court to set the minor’s case for a review hearing.

4. CASA reports shall be submitted to the court three (3) court days prior to the
hearing for which it is prepared. CASA reports shall be copied and distributed by
the CASA program to the court, District Attorney, Juvenile Probation, and the
minor’s attorney (or the minor’s parents if unrepresented) at least two (2) court
days prior to the hearing.

I. Access to Records

A CASA may inspect and copy records pursuant to W&I section 107. Confidential records
and information acquired by a CASA shall remain confidential and shall be disclosed only
pursuant to a court order pursuant to W&I section 105.

The CASA shall present his/her identification as a CASA to any such record holder in support of his/her request for access to specific records. No consent from the parent(s) or guardians(s) is necessary for the CASA to have access to any records relating to the child. See also Sonoma County local rule 10.17. F.

Pursuant to W&I Code section 107(b), a CASA may not have access to records of a nonminor dependent without the written and informed consent of the nonminor dependent.

10.34 REQUEST FOR COMPUTER ACCESS TO JUVENILE CASE MANAGEMENT SYSTEM

In an effort to maintain confidentiality requirements with regard to juvenile matters, access to juvenile case information via the automated case management system will be limited. Requests for computer access to the Juvenile Case Management System by criminal justice and law enforcement agencies are to be submitted to the juvenile court judicial officer Presiding Judge of the Juvenile Court for approval, with a copy submitted to the juvenile court division manager. (Eff. 1/1/14, Revised 1/1/2022)

10.39 DUAL STATUS JURISDICTION

Pursuant to WIC 241.1, Sonoma County is a Dual Status Jurisdiction. Refer to the written protocol between the Sonoma County Probation Department and the Sonoma County Human Services Department for details. (Effective 1/1/2022)

10.40 COMPETENCY PROTOCOL

The Juvenile Justice Court will follow the written Juvenile Competency Protocol in dealing with competency issues. This protocol is consistent with and supplements the requirements of WIC §709 and CRC 5.645. In the event of modifications to WIC §709 and CRC 5.645, the Statute and Rule of Court shall control. (Effective 1/1/2022)