Yolo — Proposed Modification and Additions to the Local Rules

Source: https://www.yolo.courts.ca.gov/sites/default/files/yolo/default/2021-09/2021%20Proposed%20Additions%20or%20Modifications%20to%20Yolo%20Superior%20Court%20Local%20Rules.pdf

Proposed Additions and/or Modifications to Yolo Superior Court Local Rules

Sample = Delete Sample = Addition

CHAPTER 1 – ORGANIZATION AND ADMINISTRATION

RULE 2: LOCATION AND ORGANIZATION

2.3 COURT DOCUMENTS AND FILES

All documents in court files are public record, with the exception of those items deemed confidential by statute, regulation, court rule, court order or other law. Under no circumstances will anyone other than court personnel be allowed to disassemble documents in court files or remove files from the clerk’s office. See Appendix 5 Record Viewing and Copying Policy.

2.4 FORM OF PAPERS PRESENTED FOR FILING

When filing any document, the parties shall furnish the court with both: (1) a single sided original that is unbound and binder-clipped or unbound and rubber-banded together; and (2) one bound copy. Judicial Council and local court forms, records on appeal in limited civil cases, and briefs filed in appellate divisions need not be single-sided, but must be submitted unbound.

2.4 VIDEO REMOTE APPEARANCES

(a) For all non-evidentiary hearing’s participants may appear remotely by video, unless personal appearance is ordered by the judge. Information on video remote hearings is located on the Court’s website at www.yolo.courts.ca.gov.

(b) For all evidentiary hearings or trials, participants shall appear in person unless a video remote appearance is allowed by the judge, in accordance with the law, such as by stipulation, or upon a change in the law.

RULE 3: APPELLATE DIVISION

3.1 ASSIGNMENT

Four judges of the Superior Court are assigned as judges of the Appellate Division. The Presiding Judge of the Superior Court will recommend to the Presiding Judge of the California Supreme Court the final assignment the four judges and one designated as the of one of these judges to act as the Presiding Judge of the Appellate Division. The Appellate Division Presiding Judge will select and appoint the members for each panel.

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3.2 REGULAR AND SPECIAL SESSIONS

Regular sessions of the Appellate Division of the Yolo Superior Court shall be held each calendar month as necessary. Special sessions may be held at the call of the Presiding Judge of the Appellate Division.

3.3 3.2 APPELLATE RECORD

Unless the trial court orders otherwise, in accordance with Rule 8.914(a) of the California Rules of Court, the Appellate Division hereby elects to use the original trial court file in lieu of a clerk’s transcript.

3.4 SUBMISSION ON BRIEFS

Unless the Appellate Panel reviewing an appeal orders oral argument, all appeals to the Appellate Division are decided on the written briefs. Parties may apply for an oral argument when they file an initial written brief, but they must state their reasons. The Appellate Panel has sole discretion to grant oral argument.

3.5 BRIEFS/DISMISSAL

Each party shall file with the Clerk of the Court an original brief with three copies in appeals or writs from limited civil cases and misdemeanors and an original brief and one copy in an appeal from an infraction. Briefs shall be prepared, served and filed as provided in Rule 8.706 of the California Rules of Court. Failure to file a written brief or to procure an adequate record on appeal, or any other grounds set forth in Rules 8.762 and 8.792 of the California Rules of Court, may result in the dismissal of the appeal.

3.6 CALENDAR AND NOTICE FOR HEARING

If a hearing of an appeal to the Appellate Division is ordered, the hearing shall be calendared and notice given by the Clerk as provided by Rule 8.885(c) (in misdemeanors and limited civil cases) and Rule 8.914(c) (in infraction cases) of the California Rules of Court.

3.7 MOTIONS

Any motions before the Appellate Division will be decided at regular sessions unless a different time is scheduled. Motions shall be filed with an original and three copies as specified in Local Rule 3.4.

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RULE 4: COURT SECURITY AND CONDUCT

4.5 RECORDING EQUIPMENT PROHIBITED

(a) Prohibited Activities. Photographing, videotaping, televising, or otherwise recording any court proceeding is prohibited unless a written request has been filed and approved by the Judge presiding at the proceeding prior to the commencement of the proceeding. No one may use a camera, or camera-phone or electronic device with camera to transmit, record, or take pictures in any portion of the courthouse except as permitted by these rules and Rule 1.150 of the California Rules of Court.

RULE 5: LAW STUDENT PRACTICAL TRAINING

5.1 GENERAL

A certified law student may be allowed to appear in a case, subject to approval of the Judge presiding over the proceeding, provided a supervising attorney is personally present throughout the proceeding.

5.2 JURY TRIAL

A certified law student may participate in a criminal jury trial under the direction of a supervising attorney, pursuant to the Rules Governing Practical Training of Law Students of the State Bar of California.

5.3 CONSENT OF DEFENDANT

Before a certified law student appears on behalf of a defendant in a criminal case, the defendant shall expressly consent in open court, and the consent shall be entered in the court's minutes.

5.4 DISCRETION TO PROHIBIT OR RESTRICT ACTIVITY

Notwithstanding the foregoing, the Judge presiding in the courtroom has the discretion to prohibit or restrict the law student's activity in that courtroom when the circumstances so require, e.g. the complexity of the matter involved, the expeditious disposition of the court's business, the possible imposition upon the time of opposing counsel, and in the interests of justice.

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RULE 6: JURY SERVICES

6.1 INTRODUCTION/JURY SERVICES

Jury service, unless excused by law, is a responsibility of citizenship. The court and its staff shall employ all reasonable, necessary and appropriate means to assure that citizens fulfill this important civic responsibility.

6.2 JURY COMMISSIONSER’S DUTIES

The jury commissioner shall be governed by the rules set forth in the California Rules of Court and Code of Civil Procedure.

6.3 SELECTION OF JURORS

The sources used for the selection of jurors shall be the records of the Yolo County Registrar of Voters and the Department of Motor Vehicles’ record of licensed drivers and identification card holders. Pursuant to Code of Civil Procedure Section 197, these two sources, when substantially purged of duplicate names, shall be considered inclusive of a representative cross-section of the population served by the court.

6.4 SELECTION OF PROSPECTIVE JURORS

The jury commissioner shall determine the number of prospective jurors needed. A random method of selection shall be applied to the source records when selecting the names of prospective jurors. The procedure used for selection and summoning of trial jurors shall provide for maximum involvement of every qualified citizen for the shortest feasible period of service. 6.5 SUMMONING AND QUALIFYING PROCESS

The jury commissioner shall summon, in the manner prescribed by law, the persons whose names appear on the panels of jurors drawn by the jury commissioner for the jury trials in Yolo Superior Court. Summoning and qualifying prospective jurors shall be performed as one integrated process. This process is known as a “one-step” process, with the summons and qualifying questionnaire combined as one form. The jury commissioner shall be governed by a rule of procuring, not excusing, citizens as jurors. However, the jury commissioner shall, at all times, give to all citizens every consideration with respect to the circumstances that affect their qualifications and availability for jury duty. 6.6 DISQUALIFICATION

Pursuant to Code of Civil Procedure Section 203, all persons are eligible and qualified to be prospective trial jurors in Yolo Superior Court except the following:

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Anyone who is not a citizen of the United States; is under 18 years of age; is not a resident of Yolo County; has been convicted of a felony and whose civil rights have not been restored; who does not have sufficient knowledge of the English language (provided that no person shall be deemed incompetent solely because of the loss of sight or hearing in any degree or other disability that impedes the person’s ability to communicate or impairs or interferes with the person’s mobility); is serving as a grand or trial juror in any court of this state; or is the subject of conservatorship. 6.7 REQUESTS FOR EXCUSE OR POSTPONEMENT The jury commissioner’s criteria for granting excuses, postponements or disqualifications shall be in accordance with the Code of Civil Procedure and the California Rules of Court. 6.8 LENGTH OF SERVICE

(a) Jurors have fulfilled their service obligation for a 12-month period when they have served
on one trial until discharged; served through the completion of jury selection or until
excused by the court or jury commissioner; attended court but were not assigned to a trial
department for selection of a jury before the end of the day; served one day on call; or
served no more than five court days on telephone standby.

(b) If, after appearing for jury service, the judge or jury commissioner excuses a juror or
prospective juror for hardship reasons, the juror is subject to be called again at any time.

(c) Jurors who serve on a trial lasting four or more weeks shall be exempted from jury
service for the standard 12 months plus an additional 12 months.

6.9 REPORTS AND RECORDS

(a) The jury commissioner shall maintain records regarding selection, qualification and
assignment of prospective and sworn jurors. The jury commissioner shall maintain
records providing a clear audit trail regarding a juror’s attendance, jury fees and mileage.

(b) All records maintained by the jury commissioner in connection with the selection or
service of a juror may be kept electronically, and such records shall be preserved for at
least three years after the list used in the selection process was prepared, or for any longer
period ordered by the court or jury commissioner

(c) The jury commissioner shall prepare a quarterly report containing designated jury
trial statistics.

(d) A copy of the jury list shall be given to each attorney participating in a jury trial. Such
list, containing the names of the prospective jurors, shall be returned to the court clerk at
the conclusion of the trial. If a supplemental questionnaire is completed by prospective

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jurors in a case, all copies of the supplemental questionnaire shall be returned to the court clerk at the conclusion of the trial.

6.10 JURY PRIVACY

All other records in the office of the jury commissioner shall be available only to court

personnel and may not be inspected or made available to attorneys or participants in trials without an order of the court.

RULE 75: EX PARTE HEARINGS

7.1 5.1 EX PARTE HEARINGS

All ex parte matters shall be conducted in strict accordance with Rule 3.1200 et seq., 5.151 and 5.165 of the California Rules of Court. Any request to set an ex parte application for hearing shall be made to the department for which the case is assigned. Family Law matters are governed by this Rule and Rule 17.1. Juvenile matters are governed by this Rule and Rule 21.2.

RULE 86: COURT REPORTER

8.16.1 COURT REPORTER SERVICES

The services of official court reporters are normally available for all felony, misdemeanor, and juvenile matters, with the exception of misdemeanor arraignments and traffic matters, regardless of the departments in which they are heard. The services of official court reporters are normally not available for civil, family and probate matters, with the exception of those under the Lanterman-Petris-Short Act (Welf. & Inst. Code, §§ 5000 – 5550), for which the services of official court reporters are normally available regardless of the departments in which they are heard.

8.26.2 COURT REPORTER REQUESTS FOR CIVIL, FAMILY AND PROBATE MATTERS

Parties wishing to have a court reporter present must request the services in writing five (5) court days prior to the calendar date. Any court associated fees must be paid in advance. All requests shall be made through the Court Services Division.

If the services of an official court reporter are not available for a hearing or trial, a party may arrange for the presence of a certified shorthand reporter to serve as an official pro tempore reporter. It is the party’s responsibility to pay the reporter’s fee.

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RULE 9: COORDINATION OF DOMESTIC VIOLENCE AND CHILD CUSTODY/VISITATION ORDERS

9.1 COMMUNICATION

(a) Before a Criminal Protective Order (CPO) or Domestic Violence Restraining Order (DVRO) is issued the Court shall inquire if there are: 1. children of the relationship between the defendant/restrained person and the victim/protected person, 2. custody and visitation orders in place for those children, and 3. existing protective/restraining orders involving the parties.

(b) If there is not an existing order for custody and/or visitation, the criminal court may issue a CPO authorizing the family, juvenile or probate judge to allow the safe exchange of the child(ren).

(c) If there is an existing custody and/or visitation order, the criminal judge may, if it is in the best interest of the child(ren), issue a CPO to allow for the safe exchange of the child(ren).

(d) If a criminal judge determines that there is a family law DVRO and the protected parties are the same as the victims in the case before the criminal court, the criminal judge shall not issue a CPO less restrictive than the DVRO.

9.2 MODIFICATION OF THE CRIMINAL PROTECTIVE ORDER

The Family, Juvenile, or Probate Court may modify the CPO if a custody and/or visitation order is more restrictive than the existing CPO.

If a proposed custody and/or visitation order is less restrictive than the existing CPO, the criminal, family law, probate and/or juvenile case(s) shall be calendared in the criminal department. If the criminal judge agrees to modify the CPO, he/she shall issue a new CPO and sign the custody and/or visitation order. The criminal judge shall follow the rules of confidentiality when the hearing involves a juvenile case.

RULE 107: ELECTRONIC FILING AND SERVICE

10.1 7.1 AUTHORITY AND COMPLIANCE

This rule governs permissive and mandatory electronic filing and service of documents in the Superior Court of California, County of Yolo as authorized by California Code of Civil Procedure section 1010.6 and Rules 2.250 et. Seq. and 5.552 of the California Rules of Court. Unless this rule provides otherwise, parties filing and serving documents electronically shall comply with all requirements for electronic filing and service set forth in California Code of Civil Procedure section 1010.6 and Rules 2.250 et. Seq. and 5.552 of the California Rules of Court.

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10.27.2 MANDATORY ELECTRONIC FILING AND SERVICE

All documents filed in civil, probate and family law cases shall be filed and served electronically, except when personal service is required by statute or rule and excluding ex parte applications.

(a) All new civil complaints shall include the Notice of Case Management Conference form. The form can be found on the court’s website at www.yolo.courts.ca.gov. The Court will fill in the date, time and department for the Case Management Conference.

(b) All documents, excluding the initial accusatory pleading, filed in juvenile dependency cases shall be filed and served electronically.

(c) Self-represented parties and non-parties are exempt from the mandatory electronic filing and service requirements but are encouraged to participate.

(d) An attorney representing a party may request to be excused from the mandatory electronic filing and service requirement by showing undue hardship or significant prejudice.

(e) An attorney requesting to be excused shall file with the Clerk of the Court and service on all parties a Request for Exemption from Mandatory Electronic Filing and Service (Judicial Council Form EFS-007) with a Proposed Order (Judicial Council Form EFS-008). 1. An Attorney who requests an exemption shall be served with documents in paper form until the Court rules on the request. 2. Undue hardship or significant prejudice does not include the inability to pay fees for electronic filing. (f) Self-represented parties, non-parties, and attorneys excused from electronic filing must be served conventionally.

10.37.3 PERMISSIVE ELECTRONIC FILING AND SERVICE

All documents, excluding the initial accusatory pleading, filed in criminal and juvenile delinquency cases may be filed and served electronically.

10.47.4 ELECTRONIC FILING REQUIREMENTS

All documents electronically filed, whether mandatory, permissive, by Court order,

or by stipulation of parties, must be electronically filed using one of the Court’s approved electronic filing service providers, and must comply with the Court’s electronic filing requirements. All requirements and a list of service providers are available on the Court’s website at www.yolo.courts.ca.gov.

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10.57.5 ELECTRONIC FILING ACCEPTANCE DEADLINE

Electronically filed documents filed prior to midnight on a Court day will be deemed filed as of that day. For purposes of this Rule, filing occurs at the time the document is received by the Court and a confirmation of the receipt is created. Any electronically filed document received by the Court from 11:59PM to 7:59AM, or filed on a non-court day, will be deemed filed on the first Court day after it is received.

10.67.6 ELECTRONIC FILING FEE WAIVER

A party who has received a fee waiver is not required to pay any fee for electronic filing and service. A party who has not already received a fee waiver may request a waiver of the fees for electronic filing and service by filing with the Court an Application for Waiver of Court Fees and Costs (Judicial Council Forms FW-001 and FW-002).

10.7 7.7 CONFIDENTIAL DOCUMENTS

Unless the electronically filed document is a confidential document pursuant to law

and/or will be filed under seal, to protect personal privacy, counsel and parties must refrain from including, or must redact where inclusion is necessary, the personal data identifiers from all documents, including exhibits, filed with the Court under this Rule, such as social security numbers and financial account numbers. See Rule 1.201 of the California Rules of Court.

10.87.8 DOCUMENTS NOT FILED ELECTRONICALLY

(a) The following documents shall not be filed electronically:
• Subpoenaed documents
• Labor Commissioner deposit of cash or check
• Bonds
• Undertakings
• Deposits of cash, check or credit cards
• Wills/Codicils
• Sealed documents
• Financial institutes documents, care facility documents, or escrow
documents as defined under Probate Code section 2620
• California State vital records forms
• Notice of Appeal (subsequent filings maybe be filed electronically)

(b) A party may be excused from filing any particular document or exhibit
electronically if it is not available in electronic format and it is not feasible
for the party to convert the document or exhibit to electronic format, or it may
not be comprehensively viewed in an electronic format, including but not

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limited to exhibits that are real objects. Such a document or exhibit may be manually filed with the Clerk of the Court and served upon the parties by conventional non-electronic means. A party manually filing such a document or exhibit shall file electronically and serve a Notice of Manual Filing specifically describing the document or exhibit and setting forth the reason the document or exhibit cannot be filed electronically.

10.9 7.9 EXHIBITS

(a) Exhibit attachments to pleadings filed electronically shall be separated by a single page with a title identifying the sequence of the exhibit.

(b) Proposed trial exhibits shall not be filed electronically but shall be lodged in paper format with the trial department once assigned unless otherwise instructed by the Court.

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RULE 17: GENERAL FAMILY LAW

17.1 REQUESTS FOR EMERGENCY ORDERS AND FOR ORDERS SHORTENING TIME (“OSTS”)

(a) Definitions: Requests for Orders in Family Court are set to be heard approximately 30 days after the date of filing. Circumstances sometimes require a hearing within 72 hours (an “Emergency Hearing”) or a hearing on something less than 30 days’ notice, but not as soon as within 72 hours of filing. Requests for Emergency Family Court Orders are highly disfavored and should be reserved for matters where great or irreparable injury would result before the matter could be heard on regular notice. OSTs are also disfavored and should not be requested without good cause.

(b) Sanctions: If, at the hearing, the court finds that there was no emergency or need for hearing on shortened time, i.e.¸ that the matter could have been heard on regular notice and the requesting party knew that at the time of the request, the court may impose attorneys’ fees as a sanction against the requesting party under Family Code §271, after notice and an opportunity to be heard.

(c) How to request a hearing for an Emergency Family Court Order or OST:

(1) Call or fax the appropriate Family Law Department for an emergency hearing date. The correct Department and telephone number is listed on the court’s website at www.yolo.courts.ca.gov. The Courtroom clerk will provide a hearing date within 3 court days at 11:00 a.m. (or other times and dates as the court’s calendar permits.) DO NOT give the courtroom clerk any information about the case. That is considered an improper ex parte communication.

(2) Give notice to other parent/party or their attorney by no later than 10:00 a.m. on the court day before the hearing. Notice may be given by telephone, in writing, or by voicemail message. (CRC rule 5.165(a), (b).)

(3) Serve the Declaration of Notice and Service of Ex Parte Application, Request For Order and any other papers for the court to consider (or the opposition thereto) on the other party at the first reasonable opportunity before the hearing, Rule 5.167 of the California Rules of Court.

(4) Before the appearing in court for the ex parte hearing, the moving party must pay the ex parte hearing fee at the courthouse civil filing window. (If this is a first appearance, the moving party must also pay the first appearance fees or obtain a fee waiver)

(5) Bring to the hearing:

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• The receipt showing payment of the ex parte hearing fee. The court will not hear the matter without proof of prior payment. • The request for order (what the moving party wants the court to order) form FL-300 • A declaration signed under penalty of perjury showing the urgency. The declaration should show why the matter must be heard on less than the normal 30 days’ notice. o If the moving party believes irreparable injury would result if the other party were notified, then provide the court with a written declaration signed under penalty of perjury that includes facts showing good cause why notice should not be given to the other party. o If the moving party only needs an order shortening time (OST)(i.e., less than the normal 30 days’ notice but not within 72 hours), try to get the other party to agree to the shortened time and bring a signed stipulation and order to the hearing for the judge to sign, or a declaration describing attempts to get a stipulation and the good cause for shortening time. Good cause for an OST includes, among other things, setting a motion on the same day as the opposing party’s already scheduled motion on the same or related issue. OST’s do not require an emergency, but they do require good cause to set a hearing on less than normal notice.

(6) At the hearing, the court will first determine whether notice was proper or whether good cause exists not to require notice. Good cause may include those matters set forth in Rule 5.165(b)(2) of the California Rules of Court.

(7) The hearing: After the court confirms proper notice (or determines that there is good cause not to give notice), the court will determine if the matter should be heard on shortened time. The court may hear argument on this issue. If the court finds that notice was not proper or that the matter does not need to be heard on an emergency basis or on shortened time, the court will set a hearing on regular notice. If notice was proper or good cause is found not to require notice, then the court will rule on the matter

17.2 FEE WAIVERS

(a) Duration: An order waiving fees obtained pursuant to Rules 3.50 through 3.63 of the California Rules of Court and Government Code Section 68511.3 shall expire one (1) year from the date signed. This shall not in any way diminish the obligation of the person receiving the waiver to notify the court promptly of any change in financial circumstances affecting his or her ability to pay court fees and costs.

(b) Request for Copies: The court will provide a single copy of any reasonably necessary document contained in the file to a party who has received a fee waiver.

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Further copies without charge require a court order based on a showing of good cause.

17.317.1 LAW AND MOTION

(a) Except in extraordinary circumstances, the court will not receive testimony on the law and motion calendar. Instead, the court will hear offers of proof, entertain limited argument, consider the financial declarations and other declarations submitted by the parties, and issue a temporary order.

(b) Unless otherwise ordered for good cause shown, all moving papers, points and authorities, and declarations, including financial declarations, relating to a family law motion or order to show cause, shall be filed with the court and served on the opposing party pursuant to Code of Civil Procedure Section 1005. Absent good cause shown, failure to comply may result in refusal by the court to consider any papers not timely filed and/or served, a continuance of the matter if requested by the complying party, or the imposition of sanctions as permitted by law.

(c) Except as excused by law, no case requiring determination of support issues shall be heard unless current Income and Expense Declarations (i.e., filed and current within the 90 days prior to the hearing) have been completed, filed and served; no case requiring determination of property issues shall be heard unless current Property Declarations and/or Financial Statements have been completed, filed and served (Judicial Council Forms FL 140, 142 or 160 and 150). The declarations shall be deemed to be received in evidence at the hearing. Examination on matters covered by the declarations will be heard only under exceptional circumstances and normally will be limited to testimony regarding unusual items not adequately explained on the written declarations.

(d) Documentation of a party’s wages and other income, including but not limited to copies of current (i.e., within the 90 days prior to the hearing) paycheck stubs, W-2 forms, 1099 forms, Schedule C forms, other profit and loss statements, or proof of retirement, unemployment, or disability benefits being paid, shall be attached to a party’s Income and Expense Declaration.

(e) (a) Continuances. Upon stipulation by all parties and order filed at least five (5) court days prior to the hearing, or upon request of the moving party with appropriate notice, law and motion matters may be continued once by the clerk at least five (5) court days prior to the matter being heard. Any party seeking a continuance that is not received timely shall appear in court at the time set for hearing and request such from the judge to whom the matter has been assigned. The request for continuance should be submitted on pleading paper with proof of service.

(f) (b) Drop/Withdrawal Law and Motion Withdrawals. When a matter is to be dropped withdrawn from the law and motion calendar, the moving party shall

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promptly notify the clerk’s office and the opposing party, but in no event shall notice be later than five (5) two (2) court days before the hearing. The notice of drop/withdrawal should be submitted on pleading paper with proof of service.

17.417.2 BENCH TRIAL CONTINUANCE

Continuances of family trials are disfavored. If the parties agree to continue the trial for good cause, the matter must be set for a trial setting conference before the trial judge with both parties appearing to set new dates if the court approves the continuance. If the parties do not agree to a trial continuance, the party requesting the continuance must file a request for order seeking a trial continuance, with appropriate supporting declarations, and the request must meet the standard for trial continuances under Rule 3.1332 of the California Rules of Court. Upon stipulation, or request of the moving party with notice to any previously noticed party and an order signed by the judge, any bench trial may be continued once any time prior to three (3) court days before the hearing. A request for continuance made three (3) court days or less before the hearing date shall be made upon ex parte motion before the presiding judge.

17.3 COURT ORDERED CHILD CUSTODY EVALUATIONS

(a) This local rule implements California Rules Court, Rule 5.220.

(b) Peremptory Challenges. Each party and minor’s counsel are permitted one
peremptory challenge to a child custody evaluator appointed by the Court.
Written objections must be filed and served on the other party within five (5)
court days of the date of the notice of assignment.

(c) Withdrawal from a Case.
(1) An evaluator may request to withdraw from a case by filing a written
declaration signed under penalty of perjury showing good cause. A copy of the
declaration must be given to all parties and minor’s counsel.
(2) Objections to the request must be filed with the Court and served on the
evaluator, all parties and minor’s counsel within five (5) court days of receipt of
the notice to withdraw.
(3) After the time has expired to object to the request to withdraw, the court may,
upon a finding of good cause, grant the request to withdraw, deny the request or
set a hearing to the resolve the issue.

(e) Ex Parte Communication. Parties and counsel shall not have ex parte
communication with the evaluator except for the purpose of scheduling
appointments or conducting scheduled interviews with the parties as a part of an
evaluation process or where it is expressly authorized by the Court, consistent
with Family Code Section 216.

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17.4 COMPLAINT PROCESS

Parties who wish to make a complaint about the counseling process, or a counselor, an evaluator or minors counsel must be made in writing to the Court Executive Office. A copy of the complaint must be provided to all parties. The Court must determine what action, if any, to take including whether the complaint should be referred to the appropriate professional licensing board.

Rule 18: Child Custody and Child/Spousal Support

18.1 DISPUTES RE: CUSTODY

(b) Voluntary Stipulated Private Child Custody Recommending Counseling Voluntary child custody recommending counseling is encouraged by the court and nNothing in these rules prevents the parties from choosing a private counselor to help them with their custody and visitation dispute(s). Both parties may, at any time, stipulate to a private counselor by submitting a court approved “Stipulation to Private Child Custody Recommending Counseling” for approval by the family court judge. Private counselors shall prepare and file a recommendation with the court before the date indicated on the stipulation and order. The recommendation shall contain a brief statement of the counselor’s finding(s), agreement(s) entered into by the parties, and any recommendation(s) the counselor may have on disputed issues.

18.7 GRIEVANCES

Parties who wish to make a complaint about the counseling process, or a counselor, may do so in writing to the court in accordance with the grievance policy available on the courts website or the clerk’s office. The court may ask any involved party for his/her oral or written response. The answer to the complaining party shall be in writing.

18.8 COURT APPOINTED COUNSEL FOR MINOR CHILDREN IN FAMILY LAW CASES

(a) The court maintains a panel of qualified minor’s counsel. The court may in its discretion appoint counsel for a minor in accordance with Family Code Section 3150. Fees and costs for minor’s counsel shall be paid by the parties at a rate approved by the court pursuant to Family Code Section 3153.

(b) Complaints regarding the conduct of, or procedures employed by counsel for minor children must be made in writing to the Court Executive Office. A copy of the complaint must be provided to all parties. The Court must determine what action, if any, to take including whether the complaint should be referred to the appropriate professional licensing board. The Court must provide a written response to the person filing the complaint.

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RULE 19: UNCONTESTED AND DEFAULT JUDGMENTS

19.1 GENERAL POLICY

(a) Where a judgment of dissolution, nullity or legal separation of spouses in a
marriage or partners in a domestic partnership is sought to be obtained by written
agreement of the parties after a response has been filed (uncontested), or by default, the
declaration provisions of the Family Code may be used.

NOTE: Judgments of nullity of marriage or nullity of a domestic partnership require a
court hearing.

(b) Generally uncontested and default family law judgments shall be obtained by
declaration. However, a hearing may be set upon request of a party or by court order.

(c) Parties shall submit requests for uncontested and default judgments using the
mandatory Judicial Council forms. Parties should seek the assistance of the court’s
Family Law Facilitator to ensure that their filings are correct. Incorrect or incomplete
filings may be rejected or may delay entry of judgment.

19.2 CHILD SUPPORT

(a) Where judgment is obtained by default and there is no attached written agreement concerning child support, an attached declaration shall state the effective date of the order sought, the amount of support sought per child and in total, the gross and net income of each party, the name and birth date of each child, and the amount of support for each child as calculated according to the California child support guidelines. A computerized printout of the guideline calculations, including the findings page, may be substituted for the support portion of this declaration. The declaration shall be mailed to the defaulting partying with the request to enter default and proof of such mailing shall be filed with the Court.

(b) Where a child support order is sought and the party to whom support is to be paid is receiving public assistance support shall be ordered payable to the local child support agency, and the local child support agency must approve the child support order or any judgment establishing or modifying a child support order, prior to submission of the order or judgment to the court for review, signature and filing.

19.3 SPOUSAL OR PARTNER SUPPORT

(a) The issue of spousal or partner support for each party shall be addressed in the judgment. A support amount may be requested, spousal or partner support may be terminated, or the issue of spousal or partner support may be reserved.

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(c) If a request for spousal or partner support is by default and there is no attached written agreement concerning spousal or partner support, an attached declaration shall state the effective date of the order sought, the amount of spousal or partner support sought, the gross and net income of each party, information concerning all applicable factors under Family Code Section 4320 regarding permanent spousal or partner support, and the proposed duration of spousal or partner support. The party seeking a spousal or partner support order by default shall comply with all relevant provisions of this rule. The declaration shall be mailed to the defaulting party with the request to enter default and proof of such mailing shall be filed with the court.

19.4 REAL PROPERTY

All real property referred to in a judgment shall be described by its complete common address and/or legal description.

RULE 2019: SETTLEMENT AND TRIAL OF FAMILY LAW MATTERS

20.119.1 MANDATORY SETTLEMENT CONFERENCES

Because the resolution of family law cases by settlement is beneficial to the parties and the children, the court has established the Family Law Settlement Program with the participation of the local family law bar.

(a) All family law matters shall be scheduled for a settlement conference before proceeding to trial, unless expressly exempted by the judge presiding over the family law calendar. Good faith attendance and participation by all parties and counsel are mandatory unless excused by the court.

(b) Upon stipulation of the parties, experienced family law attorneys shall be assigned as settlement conference officers to preside over the settlement conferences.

(c) At least five (5) court days before a settlement conference, each party shall prepare, serve and file (1) a settlement conference statement setting forth the party’s position on every contested issue, and (2) a current income and expense declaration and property declaration.

(d) As provided in Rule 1.4, a party and/or an attorney’s failure, without substantial justification, to file the documents and/or attend the mandatory settlement conference shall subject that person to sanctions. Sanctions may include, but are not limited to an order for payment to the pro tem settlement conference officer for the time he or she spent at his/her customary hourly rate.

(e) The attorneys, or parties in propria persona, shall set forth the details for any settlement reached, which shall be signed by the parties and/or their attorneys and a copy attached to the clerk’s minute order. The written recitation of the specific terms of the

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settlement must be prepared and signed by the parties and counsel, and presented to the clerk. The judge will review the settlement with the parties and counsel in court after the settlement conference, and enter appropriate orders. If one of the parties refuses, without substantial justification, to sign the prepared order concurring with this agreement, after ten (10) days the court shall sign the order.

20.219.2 GOOD FAITH ATTEMPT AT INFORMAL RESOLUTION

(a) At least five (5) court days prior to the trial date for any contested family law case, counsel for each party shall serve on each opposing party a written proposal, prepared in good faith, for the resolution of all contested issues.

(b) Any financial declaration to be submitted at the trial shall be served on the opposing parties with the above-referenced written proposal for settlement. If the declarations filed before the settlement conference remain current(i.e., valid within the preceding 90 days) at this time, they need not be resubmitted. (Effective January 1, 2007; As amended, eff 01/01/2015)

20.3 TRIAL STATEMENT

If the settlement conference statement remains current at this time(i.e., valid within the
preceding 90 days), the information contained therein need not be resubmitted. It may be
used in lieu of a trial statement. If a party’s settlement conference statement is no longer
current or requires supplementation, the party shall prepare, serve, and file a trial
statement, the original of which shall be submitted to the courtroom clerk for review by
the trial judge, five (5) court days prior to commencement of the trial. The statement shall
contain proof of service on opposing counsel at least five (5) calendar days prior to the
date set for trial. The statement shall include updates of all information that is no longer
current in the settlement conference statement, in the following order:

(a) Issues Resolved: An itemization of all issues resolved, and, if by written agreement,
a copy of the agreement. If there is no written agreement, list the details of how the issue
was resolved;

(b) Disputed Issues: An itemization of all remaining disputed issues for trial and the
party’s proposed disposition of them, including, as applicable, proposed division of
assets, liabilities, fees, costs and/or credits, and the party’s proposal for child support,
spousal support, custody and/or visitation, as applicable;

(c) Representation of Good Faith Attempts: A representation by counsel as to each
disputed issue to be tried that a good faith attempt to resolve disputed issues was made
and has been unsuccessful;

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(d) Family Law Financial Declarations & Forms: Current Income and Expense Declarations and current Property Declarations in the form prescribed by the California Rules of Court, unless the declarations submitted with the party’s settlement conference statement remain current.

20.4 SETTLEMENT JUDGE MAY PRESIDE OVER SUBSEQUENT TRIAL AND HEARINGS

A judge who conducts a family law settlement conference is not, on that basis alone, precluded from presiding over the subsequent trial or any other hearings.

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RULE 21: GENERAL JUVENILE

21.1 DUTIES

The Presiding Judge of the Superior Court may appoint a commissioner to sit as a referee or judge pro tem to hear juvenile matters.

21.2 PRELIMINARY PROVISIONS

(a) These rules, together with the California Rules of Court Sections 1400 through 1499, inclusive, the Welfare and Institutions Code, those sections of other codes specifically made applicable to juvenile proceedings by the Welfare and Institutions Code, and case law, shall be the controlling body of law governing proceedings in juvenile court.

(b) These rules shall be applied in a fair and equitable manner consistent with the best interests of the children and families appearing before the juvenile court.

21.321.1 FILING OF PAPERS

(a) All papers shall be accompanied by a proof of service, if applicable, and shall be filed
on any applicable Judicial Council form.

(1) New petitions charging minors not in custody shall be filed no later than four (4)
court days prior to the minor’s appearance.

(2) Jurisdictional and/or Dispositional reports shall be filed not later than noon
on the third court day before the hearing.

(3) Dependency status review reports shall be filed not later than ten (10)
calendar days before the hearing.

(4) All other reports shall be filed not later than noon on the third court day
before the hearing.

(b) All reports and pleadings prepared by child welfare workers, probation officers,
attorneys, parties, or others shall be timely filed and served as required by law or these
rules. A party’s failure to file a report or a pleading in a timely fashion may be subject to
sanctions. grounds for contempt or other permissible sanctions. Detention reports and
uncontested jurisdictional hearing reports are considered timely if filed on the day of such
hearing.

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21.4 AGENCY REPRESENTATION

The District Attorney shall be present to represent the probation department in all proceedings conducted pursuant to Welfare and Institutions Code Sections 601 and 602. County Counsel shall be present to represent the Department of Employment and Social Services in all proceedings conducted pursuant to Welfare and Institutions Code Section 300, et seq. (Effective January 1, 2007)

21.5 REQUIRED ATTENDANCE AT HEARINGS; CONTINUANCES

(a) Unless excused by the court or as otherwise provided by law, these rules, or standing orders, all parties and attorneys shall attend each scheduled hearing.

(b) Attorneys for parties are expected to adhere to the statutory timelines for all hearings. Continuances will be granted only on a showing of good cause, as required by Welfare and Institutions Code Sections 352 and 682, and Rule 5.550 of the California Rules of Court.

(c) The court will strictly construe Welfare and Institutions Code Sections 352 and 682 and Rule 5.550 of the California Rules of Court in ruling on requests for continuances. All requests for continuances shall be in writing filed and served at least two (2) court days prior to the date set for hearing. Each request shall state good cause for the continuance, and shall demonstrate that granting the continuance is not contrary to the best interest of the child. Mere submission of a request for continuance does not waive the scheduled appearance. The matter will not be continued until the request is granted by the court. (Effective January 1, 2007)

21.6 CONFIDENTIALITY OF JUVENILE COURT PROCEEDINGS

(a) Unless specifically permitted by statute, juvenile court proceedings are confidential and shall not be open to the public, except as specifically provided by Welfare and Institutions Code Section 335 and Rule 5.530 of the California Rules of Court. Professional trainees and law students may attend juvenile court proceedings with prior approval of the court. The court retains the sole discretion to determine in each case whether any such interested party shall remain in the courtroom. The court or its agent shall admonish any nonparty in attendance that the names of the parties and any actual or potential identifying information from any case is confidential and shall not be disclosed outside the courtroom. The court may require a non-party in attendance at juvenile court to sign a written agreement or declare under oath that he/she will maintain the confidentiality of all parties to the proceedings.

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(b) Upon approval of the court, a minor may bring a support person such as a friend or mentor to any hearing. This support person may be allowed to sit in the courtroom with the minor to observe the minor’s court proceeding. (Effective January 1, 2007)

21.7 21.2 EX PARTE REQUESTS FOR ORDERS OTHER THAN FOR PSYCHOTROPIC MEDICATIONS OR MEDICAL CARE

(a) Before submitting a request for an ex parte order to the court for consideration, the applicant shall give prior notice of the request to all counsel, parties, child welfare workers, and probation officers. Notice shall be given at least twenty-four (24) hours before the application is submitted to the court. The court may waive notice only upon a showing of good cause that is set forth by clear facts in a supporting declaration. An ex parte application lacking a statement explaining whether the parties were notified will be summarily denied.

(b) Ex parte requests shall include the following information:

(1) A description of the efforts made to obtain the consent of and/or give notice to

the parties, the parents or legal guardians of the minor, and their attorneys of record or a statement indicating the reasons why said consent or notice should not be required;

(2) An indication of whether the minor, the parents or legal guardians of the

minor, or their attorneys refuse to agree to the proposal which is the subject of the ex parte request including the ground for the person’s refusal, if known;

(3) The reasons why the ex parte request cannot be made by a regular noticed

motion; and

(4) A full disclosure of any prior requests and the court’s action thereon whenever

a request for an ex parte order of the same character or for the same relief has been made to the court.

(c) An opposing party shall present any written opposition to the court within twenty- four (24) hours of receipt of notice of the ex parte application. The court’s initial review of the application will be treated as a non-appearance, non-calendar matter. Upon receipt of the ex parte application and any opposition, as provided above, the court may render its decision on the application or set the matter for hearing, at the court’s discretion. The applicant is responsible for serving notice of the court’s order on the application, whether granted or denied. If the matter is set for hearing, the applicant shall also give notice of such hearing to all parties and counsel, unless ordered otherwise by the court. Any party disagreeing with the order may request that the matter be placed on calendar for further consideration.

(d) Ex parte requests for (1) orders for temporary removal of prisoners or wards and production as a party, (2) preservation of dispatch transmissions (“CAD purges”), or (3)

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copies of booking photographs, may be submitted to the court without any prior notice to other parties.

21.8 ADMINISTRATION OF PSYCHOTROPIC MEDICATIONS

(a) The administration of psychotropic drugs to minors who are wards or dependent
children of the juvenile court and who have been removed from the custody of the parent
or guardian shall occur only upon the authorization of a duly licensed psychiatrist or
physician having primary responsibility of the minor’s care, and the juvenile court,
pursuant to Welfare and Institutions Code Section 369.5 or 739, and Rule 5.640 of the
California Rules of Court.

(b) The procedures described in Rule 5.640 of the California Rules of Court otherwise
govern the manner in which an order to administer psychotropic medications may be
obtained.

(c) If the matter is set for hearing and the minor has already been prescribed
psychotropic drugs, the attending psychiatrist or physician may continue the
administration of those drugs at his or her discretion. However, there shall be no increase
in the previously authorized dosage without approval from the juvenile court.

(d) Whenever a dependent child or ward of the court is moved to a new placement or to
a facility pursuant to Welfare and Institutions Code Section 5000, et seq., and the child is
receiving prescribed medication, the medical or other supervisor at the new placement
may continue to administer that medication under supervision of the medical staff or the
child’s physician. No further order of the court is required and the child’s medication is
not to be abruptly discontinued for lack of such an order.

(e) This rule does not abrogate any inherent authority a physician may have to provide
treatment and care in emergency situations. (Welfare and Institutions Code Sections 369,
369.5, and 739; Cal.Code Regs., Title 9, Section 853)

(f) All orders authorizing the administration of psychotropic drugs shall be submitted
to the court for renewal no later than six (6) months from the date of initial issuance,
pursuant to the ex parte procedure set forth above.

(g) For children fourteen (14) years of age and older without specific informed consent
of the child, a hearing shall be held to determine whether the child is competent to refuse
such medication. The hearing procedure shall be in accord with Reese v. St. Mary’s
Hospital and Medical Center (1987) 209 Cal.App.3d 1303 and other applicable laws.

21.9 MENTAL HEALTH EXAMINATION OF A CHILD

No party, attorney, or agency in a juvenile court proceeding shall cause the child to undergo a mental health examination or evaluation without court approval.

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21.10 PREHEARING DISCOVERY

(a) Except as provided by these rules, prehearing discovery in juvenile matters is governed by Rule 5.546 of the California Rules of Court. All discoverable material specified in Rule 5.546(d) of the California Rules of Court shall automatically be disclosed to all parties, without the need for an informal request, no later than five (5) court days before any contested hearing. Prehearing discovery shall be conducted informally, except as provided by statute, claim of privilege or other good cause. The existence of all relevant material held by any party shall be disclosed in a timely fashion to all parties to the litigation or made available to the parties upon request.

(b) Only after all informal means have been exhausted may a party move the court for an order requiring disclosure. The motion shall identify with specificity the information sought and state the efforts that have been made to obtain the information through informal means, along with reasons supporting the relevance and materiality of such information. No motion shall be accepted for filing or heard unless accompanied by a declaration by the moving party or his or her counsel setting forth the following:

(1) That the request for discovery was made at least five (5) court days prior to the date of the filing of the motion;

(2) The response, if any, to the request of the party or his or her counsel;

(3) That the moving party has met and conferred with the party to whom the request was directed or his or her counsel or the facts showing that the moving party attempted, in good faith, to meet and confer.

(c) Records and information released by the social worker pursuant to informal discovery, or after a formal motion to compel discovery has been brought, shall be subject to the following protective order unless the general order is modified by a judicial officer.

(1) Use of records and information obtained from the Department of Employment and Social Services for use in the juvenile court proceeding is limited to that proceeding only.

(2) Counsel for parties may make such copies of the records and information obtained from the Department of Employment and Social Services as necessary for the preparation and presentation of the case.

(3) Records and information received from the Department of Employment and Social Services in discovery proceedings are to be kept confidential and shall not be released, directly or indirectly, to members of the media or to other individuals not directly connected with the juvenile court proceeding.

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(4) The records and information may be reviewed by the parties, their counsel, and any investigator or expert witness retained by counsel to assist in the preparation of the case. Any such person reviewing the records or information shall be made familiar with the terms of this rule.

(d) In order to coordinate the logistics of any discovery, there shall be no depositions,
interrogatories, subpoenas of juvenile records, or other similar types of civil discovery
without approval of the court upon noticed motion

21.11 APPOINTMENT OF EXPERTS

(a) Where a party is indigent and an expert is necessary to enable counsel to properly
represent the party, counsel may apply for the appointment of an expert for the purpose of
(1) assisting counsel in case preparation, and/or (2) testifying at the jurisdictional,
disposition, or other hearing.

(b) The application shall be made in writing and shall be heard in the department where
the case is pending. If the application is granted, the moving party shall prepare an order
for the court’s signature.

(c) No expert fee shall be paid by the court unless counsel has received an order of the
court for payment.

(d) In all contested proceedings, the name, address and curriculum vitae of any experts
to be called by any party and written copies of their reports shall be served upon all
parties at least five (5) court days prior to the hearing, or such other time as the court may
direct in the interest of justice.

RULE 22: JUVENILE DEPENDENCY

22.1 EXPEDITIOUS AND NON-ADVERSARIAL PROCESSING OF DEPENDENCY CASES

(a) It is the policy of the juvenile court to handle dependency cases in an expeditious
fashion. All counsel and parties in dependency cases shall be prepared to adhere strictly
to statutory deadlines for holding jurisdictional and disposition hearings, as well as
review hearings.

(b) It is also the policy of the juvenile court to resolve dependency matters in the least
adversarial manner possible. Attorneys are expected to provide effective and professional
assistance of counsel while at the same time avoiding an escalation of animosities that
might exist. Counsel will be expected to treat parents, witnesses, children, colleagues,
social workers, and court staff with dignity and respect.

22.2 INVESTIGATION AND EVALUATION

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All parties, including investigators and law enforcement officers, shall attempt to minimize the number of times a minor is interviewed regarding the alleged abuse. Agencies and attorneys shall attempt to cooperate in the sharing of interview information, including MDART tapes and transcripts, to avoid unnecessary and duplicative questioning of the minor.

22.3 DUE DILIGENCE FOR PARENTS

In all matters where the law requires notice to be given to the parents, guardian or other person of a hearing, the social worker shall conduct a diligent search in an effort to locate the parents of the minor and shall complete and file (prior to the hearing) a declaration of the due diligence detailing the search.

22.4 CHILD’S COURT APPEARANCE

(a) All children are entitled to attend court proceedings. Every child ten (10) years of
age or older shall be told of his/her right to attend court hearings by the social worker. All
children shall attend court hearings unless excused as follows: (1) the minor’s attorney
waives the minor’s appearance; (2) the minor declines to attend; (3) the court excuses the
minor; or (4) the minor is physically or mentally disabled and such disability prevents the
minor from appearing.

(b) Counsel for each child age ten (10) or older who is in foster care shall make all
reasonable efforts to give the child notice of the child’s right to attend review hearings,
and to ascertain if the child wishes to attend such hearings. Oral notice shall be provided
to the child at least ten (10) court days before each regularly scheduled review hearing. If
the child expresses a desire to attend the review hearing, counsel shall immediately
advise the social worker of the child’s wishes and request that the social worker make
arrangements for the child’s appearance. At the review hearing, counsel for the child and
the social worker shall be prepared to advise the court whether the child desired to attend
the hearing and, if so, what efforts were made to have the child transported to court.

(c) Any party or attorney requesting that the child be produced as a witness in the
child’s case or a sibling’s case, shall give notice to the social worker and all other parties
or counsel no less than ten (10) court days prior to the hearing date for which the child’s
presence is requested, or on such shorter notice as ordered by the court.

(d) No child may be transported to the court solely for the child to confer with his or
her attorney or solely for purposes of a visit with a parent, relative, or friend.

22.5 GUARDIANS AD LITEM

(a) The court shall appoint a guardian ad litem to represent any incompetent parent or guardian whose child is before the juvenile court pursuant to a dependency petition. The determination of incompetency may be made by the court at any time in the proceeding based upon evidence received from any interested party.

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(b) The parent or guardian shall be present in court for the informal closed proceeding, and the court shall explain the proceeding to the parent or guardian in plain language. If the court finds by a preponderance of the evidence that the parent or guardian does not understand the nature or consequences of the proceeding, or that the parent or guardian cannot assist his or her attorney in the preparation of his or her case, then the court shall appoint a guardian ad litem.

(c) The guardian ad litem’s role is to protect the rights of his or her ward. He or she
has the right to control the litigation on behalf of the ward. Among the guardian’s
powers are the right to compromise or settle the action, to control the procedural steps
incident to the conduct of the litigation, and, with the approval of the court, to make
stipulations or concessions that are binding on the ward, provided they are not prejudicial
to the ward’s interests. The guardian ad litem’s role is more than an attorney’s but less
than a party’s. The guardian ad litem may make tactical and even fundamental decisions
affecting the litigation, but always with the interest of the ward in mind. However, the
guardian may not compromise fundamental rights, including the right to trial, without
some countervailing and significant benefit.

(d) The guardian ad litem shall have the following rights:

(1) In all proceedings the guardian ad litem shall be given the same notice as any
party.
(2) The guardian ad litem shall have the same access to all records
relating to the case as would any party.
(3) The guardian ad litem shall have the right to appear at all hearings.

22.6 OBJECTION IN THE NATURE OF A GENERAL DEMURRER TO THE PETITION (In re Alysha S. (1996) 51 Cal.App.4th 393)

(a) A motion to challenge the legal sufficiency of the petition may be made orally or in writing at the initial/detention hearing, or at the jurisdictional hearing. A party may object on the grounds that the petition alleges facts which, even if determined to be true, either are not sufficient to state a cause of action, or are not stated with sufficient clarity and precision to enable the party to determine what shall be defended against. The court may entertain the objection by oral argument when made, or may set it for further hearing.

(b) If the court sets a hearing on the objection, counsel for the moving party may file a supporting memorandum of points and authorities. To be considered timely, the memorandum shall be filed at least 48 hours before the hearing. Petitioner may file a memorandum of points and authorities in opposition to the objection.

(c) Petitioner may not amend the petition without leave of court once a written objection to the sufficiency of the petition has been filed.

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(d) When an objection to the sufficiency of a petition is overruled and no plea has been entered, the court shall allow the plea to be entered at the conclusion of the hearing, or upon such terms as may be just.

(e) If the court sustains the objection to the sufficiency of a petition, the court may grant leave to amend the petition upon any terms as may be just and shall fix the time within which the amended petition shall be filed. During the time that the petition is being amended, the minor may continue to be detained if the court finds that a prima facie case for detention exists.

22.7 DE FACTO PARENTS

(a) For purposes of this rule, a de facto parent is a person who has been found by the
court to have assumed, on a day-to-day basis, the role of a parent to the child, fulfilling
both the child’s physical and psychological needs for care and affection, and who has
assumed that role for a substantial period of time. No person shall be granted de facto
parent status who has inflicted or allowed to be inflicted serious harm on the child,
including but not limited to physical, sexual, or emotional harm.

(b) De facto parent status shall be granted by the court only upon a written application,
using the approved Judicial Council forms. Notice of such application and requested
hearing date shall be given to the parties and their counsel of record by the proposed de
facto parents. At the hearing on such application, the court shall consider the contents of
the dependency file, any report filed by the social worker or the Court Appointed Special
Advocate (CASA) for the child, and any other relevant and admissible evidence
presented by the parties. The court may consider the declarations filed in support of or in
opposition to such application if the declarants are made available for cross-examination.
Before granting de facto parent status, the court shall find, by a preponderance of the
evidence, that the moving party meets the criteria set forth in this rule. An application for
de facto parent status shall not, in itself, constitute good cause for continuing any other
hearing in the dependency action.

(c) If the court grants the application for de facto parent status, the de facto parent shall
have standing as a party to the proceedings to the degree that the proceedings directly
affect the de facto parent’s legally recognizable interests in the child.

(d) De facto parents shall be entitled to be represented by counsel at their own expense.
A de facto parent shall not be entitled to appointed counsel unless the court finds, in the
exercise of its discretion, that:

(1) the de facto parent is financially eligible for such appointed counsel, and

(2) appointment of counsel would substantially benefit the resolution of issues
before the Court. No right to appointment of counsel shall exist for the purpose of
making the application for de facto parent status.

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(e) Upon granting de facto parent status, the court may make such discovery orders as are necessary and appropriate.

(f) De facto parent status shall continue only so long as the psychological bond continues to exist between the de facto parent and the child. The court may order visitation with a de facto parent in order to maintain that bond consistent with the best interests of the child. De facto parent status automatically terminates upon the termination of dependency jurisdiction.

22.8 Deleted

22.9 WELFARE AND INSTITUTIONS CODE SECTION 388 PETITIONS

(a) Welfare and Institutions Code Section 388 petitions to change, modify, or set aside
a previous order shall be accompanied by a proof of service showing that a copy of the
petition has been served on all parties and attorneys, including the Department of
Employment and Social Services and County Counsel. The petition should comply in all
respects with Welfare and Institutions Code Section 388 and Rule 5.570 of the California
Rules of Court.

(b) When a petition is filed by an interested person who is not currently a party to the
proceeding, the clerk's office shall provide the petitioner with the names and addresses of
counsel to enable the petitioner to properly serve the parties to the case.

(c) Within five (5) calendar days of receipt of the petition for a hearing, the court shall
either deny the petition or order that it be set it for hearing and shall immediately notify
the parties and counsel, including the Department of Employment and Social Services
and county counsel, of its decision. If the petition fails to demonstrate a change of
circumstance or new evidence that might require a change of order or termination of
jurisdiction, the court may deny the application without a hearing in accordance with
Rule 5.570(b) the California Rules of Court.

(d) If the court grants a hearing on the petition, the hearing shall be calendared within
thirty (30) calendar days after the petition is filed, or the next scheduled court date,
whichever occurs first.

(e) If there is no previously calendared court date, the juvenile court shall calendar the
hearing for a date that shall allow ten (10) court days notice to all parties and counsel,
unless the court determines it is in the best interests of the minor to hear the matter on
shorter notice. The clerk shall send notice of such hearing to all parties and counsel,
including the Department of Employment and Social Services and County Counsel.

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RULE 23: APPOINTMENT OF COUNSEL IN DEPENDENCY CASES

23.1 APPOINTMENT OF COUNSEL FOR THE CHILD

The court shall appoint counsel for the child in accordance with the provisions of Rule 5.660 of the California Rules of Court.

23.221.3 PROCEDURES FOR REVIEWING AND RESOLVING COMPLAINTSCOMPLAINT PROCESS

A party who wishes to make a complaint about appointed counsel must do so in writing
to the Court Executive Office. A copy of the complaint must be provided to all counsel
and/or parties. The Court must determine what action, if any, to take including whether
the complaint should be referred to the appropriate professional licensing board.
(a) Any party to a juvenile court proceeding may lodge a written complaint with the
court concerning the performance of his or her appointed attorney in a juvenile court
proceeding. In the case of a complaint concerning the performance of an attorney
appointed to represent a child, the complaint may be lodged on the child's behalf by the
social worker, a caretaker relative, the child's CASA, or a foster parent.

(b) Each appointed attorney shall give written notice to his or her adult client of the
procedure for lodging complaints with the court concerning the performance of an
appointed attorney. The notice shall be given to the client within ten (10) days of the
attorney's appointment to represent that client. Evidence that a copy of the notice was
given or mailed to the client shall be provided to the court within ten (10) days of a
request therefore from the court. In the case of a child client, the notice shall be mailed or
given to the current caretaker of the child. If the child is 10 years of age or older, a copy
of the notice shall also be sent or given to the child.

(c) The court shall review a complaint within ten (10) days of receipt. If the court
determines that the complaint presents reasonable cause to believe that the attorney may
have failed to act competently or has violated local rules, the court shall notify the
attorney in question of the complaint, provide the attorney with a copy of the complaint,
and give the attorney twenty (20) days from the date of the notice to respond to the
complaint in writing.

(d) After a response has been filed by the attorney or the time for submission of a
response has passed, the court shall review the complaint and the response if any to
determine whether the attorney acted contrary to local rules or incompetently. The court
may ask the complainant or the attorney for additional information prior to making a
determination on the complaint.

(e) If, after reviewing the complaint, the response, and any additional information, the
court finds that the attorney acted contrary to these rules, the court may reprove the
attorney, either privately or publicly, and may, in cases of willful or egregious violations
of these rules, issue such reasonable monetary sanctions against the attorney as the court
may deem appropriate.

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(f) If, after reviewing the complaint, the response and any additional information, the court finds that the attorney acted incompetently, the court may order that the attorney practice under the supervision of a mentor attorney for a period of at least six (6) months, or that the attorney complete a specified number of hours of training or education in the area in which the attorney was found to have been incompetent, or both. In cases in which the attorney's conduct caused actual harm to his or her client, the court shall order that competent counsel be substituted for the attorney found to have been incompetent and may, in the court's discretion, refer the matter to the State Bar of California for further action.

(g) The court shall notify the attorney and the complaining party in writing of its determination of the complaint. If the court makes a finding under subdivisions (e) or (f), the attorney shall have ten (10) days after the date of the notice to request a hearing before the court concerning the court’s proposed action. If the attorney does not request a hearing within that period of time, the court's determination shall become final.

(h) If the attorney requests a hearing, the attorney shall serve a copy of the request on the complaining party. The hearing shall be held as soon as practicable after the attorney's request, but in no case shall it be held more than thirty (30) days after it has been requested except by stipulation of the parties. The complainant and the attorney shall each be given at least ten (10) days notice of the hearing. The hearing may be held in chambers. The hearing shall not be open to the public. The court may designate a commissioner or any qualified member of the bar to act as hearing officer.

(i) At the hearing, each party shall have the right to present arguments to the hearing officer with respect to the court's determination. Such arguments shall be based on the evidence before the court at the time the determination was made. No new evidence may be presented unless the party offering such evidence can show that it was not reasonably available to the party at the time that the court made its initial determination with respect to the complaint. Within ten (10) days after the hearing, the court or hearing officer shall issue a written determination upholding, reversing, or amending the court's original determination. The hearing decision shall be the final determination of the court with respect to the matter. A copy of the hearing decision shall be provided to both the complainant and the attorney.

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RULE 24: COURT APPOINTED SPECIAL ADVOCATE PROGRAM (CASA)

24.1 ADOPTION OF CASA PROGRAM

(a) The court hereby adopts the guidelines for the Court Appointed Special Advocate Program (CASA) as more particularly set forth in Welfare and Institutions Code Sections 100 through 109, inclusive, and Rule 5.655 of the California Rule of Court, as well as the policy and procedures manual of Yolo County CASA Program. The guidelines are incorporated herein by this reference.

(b) 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.

24.2 RELEASE OF INFORMATION TO CASA

(a) To accomplish the appointment of a CASA, the judge, commissioner or referee making the appointment shall sign an order granting the CASA the authority to review specific relevant documents and interview parties involved in the case, as well as other persons having significant information relating to the child, to the same extent as any other officer appointed to investigate proceedings on behalf of the court.

(b) The CASA shall have the same legal right to records relating to the child he or she is appointed to represent as any case manager (social worker or probation officer) regarding records pertaining to the child held by any agency, school, organization, division or department of the State, physician, surgeon, nurse, other health care provider, psychologist, psychiatrist, mental health provider or law enforcement agency. The CASA shall present a copy of his or her appointment order together with his or her identification to a provider to gain access to the requested information. No consent from the parent or guardian is necessary for the CASA to have access to any records relating to the child.

24.3 RIGHT TO TIMELY NOTICE AND RIGHT TO APPEAR

(a) Whenever any motion is made, or a supplemental or subsequent petition filed, concerning the child for whom the CASA has been appointed, the moving party shall provide the CASA with timely notice.

(b) A CASA shall have the right to be present and be heard at all court hearings, and shall not be subject to exclusion by virtue of the fact that he or she may be called to testify at some point in the proceedings. A CASA is not a party to the dependency proceedings. However, the court, at its discretion, shall have the authority to grant the CASA amicus curiae status, which includes the right to appear with counsel.

24.4 CALENDAR PRIORITY

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In light of the fact that CASAs are rendering a volunteer service to children and the court, matters on which they appear should be granted priority on the court's calendar whenever possible.

24.5 FAMILY LAW ADVOCACY

Should the juvenile court dismiss dependency and create family law orders pursuant to Welfare and Institutions Code Section 362.4, the CASA’s appointment may be continued in the family law proceeding, in which case the juvenile court order shall set forth the nature, extent and duration of the advocate's duties in the family law proceeding.

24.621.4 CASA REPORTS

CASA reports shall be filed with the court at least two (2) court days prior to the hearing. The CASA program shall also provide a copy of the report to all counsel of record at least two (2) court days before the hearing.

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