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local juvenile rule 1

JUVENILE RULE 1: GENERAL PROVISIONS

A. JUDICIAL ADMINISTRATION

(1) PRESIDING JUDGE OF THE JUVENILE COURT

There shall be one Presiding Judge of the Juvenile Court. The Presiding Judge shall be selected by the Presiding Judge of the Superior Court. To the extent possible the Presiding Judge of the Juvenile Court shall remain in that position for at least three years.

(2) JUVENILE COURT ACTIONS

The Juvenile Court hears both dependency and juvenile justice actions. Juvenile justice actions were formerly called "delinquency" actions. All references to Juvenile Delinquency Court, Delinquency judicial officers, delinquency, juvenile delinquency, and delinquency actions, cases, calendars, or matters shall now be referred to as Juvenile Justice Court, Juvenile Justice judicial officers, juvenile justice, and juvenile justice actions, cases, calendars, or matters.

(Eff. 1/01/10)

(3) SUPERVISING JUDGE IN THE JUVENILE COURT

There shall be a Supervising Judge of both the dependency and juvenile justice actions in the Juvenile Court. The Presiding Judge of the Juvenile Court in most cases will be the Supervising Judge of either the dependency or the juvenile justice calendars.

(Eff. 1/01/10)

(4) JUVENILE COURT COMMITTEE

There shall be a Juvenile Court Committee of the Superior Court. That committee shall consist of all judicial officers sitting in Juvenile Court and any other judges the Presiding Judge of the Superior Court or the Presiding Judge of the Juvenile Court may designate.

(Eff. 1/01/95)

B. RELATIONSHIP OF THE JUVENILE COURT TO OTHER CALENDARS

(1) ASSIGNMENT OF JUVENILE COURT CASES

It is the policy of the Juvenile Court to have all matters heard by a judicial officer assigned to the Juvenile Court. 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.

(Eff. 1/01/09)

(2) MASTER CALENDAR REFERRALS (LONG CAUSE CASES)

Only the Presiding Judge of the Juvenile Court, the Supervising Judge of the dependency/juvenile justice calendar or some judicial officer acting in one of those capacities shall assign any case to the Supervising Judge of the Civil Division in all dependency cases, and to the Supervising Judge of the Criminal Division in all juvenile justice cases.

(Eff. 1/01/10)

(3) CASES INVOLVING EMPLOYEES

If a Court employee or deputy sheriff working at Juvenile Court, or a member his or her family, is a party to a case, the clerk or Presiding Judge of the Juvenile Court shall transfer the case to another facility or Division.

(Eff. 1/10/10)

(4) MEETINGS WITH OTHER SUPERVISORS

The Presiding Judge of the Juvenile Court shall take steps to ensure that there are regular meetings with the Presiding Judge of the Court and with supervising judges in the family, probate, mental health, civil and criminal calendars, so that communication among these different calendars is maximized.

(Eff. 7/01/95)

C. NOTICED MOTIONS

No noticed motion shall be accepted by the Court Clerk unless it is accompanied by a proof of service.

(Eff. 1/01/04)

D. PROPOSED ORDERS

Any proposed order submitted to the Court for signature must contain a footer with the title of the order on every page, including the signature page, unless it is a Judicial Council form. In addition, the Court signature and date lines must not be on a page by themselves; the signature page must contain some text of the order.

(Eff. 1/01/10)

E. PRE-HEARING DISCOVERY

(1) TIMELY DISCLOSURE OF INFORMAL DISCOVERY

Pre-hearing discovery shall be conducted informally. Except as protected by privilege, all relevant material shall be disclosed in a timely fashion to all parties to the litigation. In re Jose Z. (1970) 3 Cal.3d 797, CRC 1420.

(2) FORMAL MOTIONS

a. FORMAL DISCOVERY

Only after all informal means have been exhausted may a party petition the Court for discovery. Any noticed motion shall state the relevancy and materiality of the information sought and the reasons why informal discovery was not adequate to secure that information. The motion shall be served on all parties at least five judicial days before the hearing date. The date for the hearing shall be obtained from the Court Clerk, Juvenile Division. A copy shall be served on the Court before whom the matter is scheduled to be heard.

(Eff. 1/01/04)

Any responsive papers shall be filed and served two judicial days prior to the hearing.

b. CIVIL DISCOVERY

In order to coordinate the logistics of any such discovery, there shall be no depositions, requests for production of documents, interrogatories, requests for admissions or other similar types of civil discovery without approval of a judge of the Juvenile Court upon noticed motion.

(Eff. 1/01/05)

F. EX PARTE ORDERS

(1) Before submitting ex parte orders to a judge or commissioner for approval, the applicant must give notice to all counsel, social workers, and parents who are not represented by counsel or explain the reason notice has not been given.

(2) The party requesting ex parte orders must inform the judge or commissioner that notice has been given by completing a “Declaration Re Notice of Ex Parte Application” form. (See attached local form JV-2000 .) The original Declaration and accompanying Application for Order must be submitted to the courtroom clerk in the juvenile department where the pending action would normally be heard.

(Eff. 7/01/08)

(3) An opposing party must present any written opposition to a request for ex parte orders to the courtroom clerk within 24 hours of receipt of notice or may have their opposition notes on the Application form. The Court may render its decision on the ex parte application or set the matter for hearing, unless an opposition is filed in which case the matter will be set for a hearing. The applicant is responsible for serving all noticed parties with copies of the Court’s decision or notice that the Court has calendared the matter, and the applicant shall notify all parties of any hearing date and time set by the Court.

(Eff. 1/01/09)

(4) Notice may be excused if the giving of such notice would frustrate the purpose of the order and cause the child to suffer immediate and irreparable injury.

(5) Notice may also be excused if, following a good faith attempt, the giving of notice is not possible, or if the opposing parties do not object to the requested ex parte orders.

(Eff. 1/01/95)

G. ATTENDANCE AT HEARINGS (CRC 5.530)

Unless excused by the Court and except as indicated in Rule 2 subdivision (E)(2) of these rules, and subject to the conditions in Rule 1 subdivision (G)(1) regarding minors’ attendance at juvenile justice hearings, each party and attorney shall attend each scheduled Juvenile Court hearing.

(1) MINORS’ ATTENDANCE AT JUVENILE JUSTICE HEARINGS

Minors shall attend all juvenile justice hearings unless specifically excused by the Court.

Waiver of a minor’s presence shall be made only by the Court. A waiver of appearance shall only be for good cause, which shall require extraordinary reasons. If a request is made to excuse the minor’s presence on the ground that it shall inconvenience the minor, the Court will make every effort to continue the case to a time certain when the minor can appear without the inconvenience.

If a minor is in foster care out of county or out of state, the physical presence of the minor can be excused if the minor appears by videoconference. Failure to appear by videoconference will require the hearing to be continued until either the minor physically appears or appearance by videoconference can be arranged.

(Eff. 1/01/13)

H. SETTLEMENT CONFERENCES (No Statute) (No Court Rule)

Settlement conferences shall be held prior to every contested hearing, unless expressly deemed unnecessary by the judicial officer setting the contested hearing.

The trial attorneys and all parties shall be present at the settlement conference, unless expressly excused by the Court.

Prior to the calling of the case the parties or their attorneys shall meet in order to determine the issues to be tried and any areas of agreement.

(Eff. 1/01/95)

I. ACCESS TO COURTROOM BY NON-PARTIES (W & I CODES §§ 345, 346, 676)

Unless specifically permitted by statute, Juvenile Court proceedings are confidential and shall not be open to the general public.

Upon a sufficient showing the Court may permit relatives and any non-relative extended family members of the child to be present at the hearing and address the Court. The Court shall hear from all parties before granting such permission.

(Eff. 1/01/09)

The Court encourages interested persons including trainees and students to attend juvenile proceedings in order to better understand the workings of the Juvenile Court. The Court retains the discretion to determine in each case whether any such interested party shall remain in the courtroom.

The Court or its agent shall remind each such nonparty that the names of parties and/or identifying information from any case are confidential and shall not be repeated to anyone outside Court. Any such person may be required by the Court to sign an acknowledgment and agreement relating to their observation of Court proceedings.

(Eff. 7/01/08)

J. RELEASE OF INFORMATION RELATING TO JUVENILES

Local Rules related to the review, copying, and use of Juvenile Records are designed to balance the right to access which may be provided by law to a specific individual, with the Court’s obligation to protect and apply all applicable privileges and protections to be afforded as determined by the nature of the documents at issue.

(Eff. 7/1/12)

(1) DISCOVERY OF JUVENILE DOCUMENTS OR RECORDS - JUVENILE JUSTICE

Except as indicated within this Rule, any Standing Orders, or as specified in W & I Code §§ 827 and 828 and CRC 5.552, in all cases in which a person or agency seeks access to Juvenile Court documents or records, including documents or records maintained by the Juvenile Court Clerk or the Probation Department, the person or agency shall file a Petition for Disclosure (JV-570) with the Supervising Judge of Juvenile Justice Court. This Rule applies even if no action has been commenced in Juvenile Court under W & I Code §§ 601 or 602. The person or agency seeking the documents or records shall give notice to all necessary parties (See W&I Code § 827 and JV – 570). The Petition shall set forth with specificity the materials sought and the relevance of the materials to the underlying action. The Petition shall state with specificity the information sought and the relevance to any related legal action, including the specific details of the related legal action. The Petition shall be supported by a declaration of counsel and/or a Petitioner, and if necessary a memorandum of points and authorities.

(Eff. 7/1/12)

Exceptions are as follows:

a. Persons or Agencies specified in W&I Code § 827(a)(1)(A), (C), (E), (F), (H), (I), (J), (L), (M), (N), (O) [generally the minor, court personnel and select governmental agency personnel], or intervening tribal representatives.

i. Inspection of Documents or Records. Documents or records may be inspected without Court authorization.

ii. Copies of Documents or Records.

(a) Persons or Agencies specified in W&I Code § 827(a)(1)(A), (C), (E), (F), (H), and (I): Documents or records may be copied without Court authorization.

(b) Persons or Agencies specified in W&I Code §827(a)(1)(J), (L), (M), (N), (O), or intervening tribal representatives: Copies of documents or records may be obtained subject to the approval of the Supervising Judge of the Juvenile Justice Court pursuant to the filing of a W&I Code § 827 Petition (JV-570 ).

iii. Dissemination or Use of Documents or Records. A Petition pursuant to W&I Code § 827 is required for dissemination or use of documents or records (JV-570 ), and dissemination or use of documents or records shall be in compliance with the Court’s order on the W&I Code § 827 Petition. Petitioner shall inspect the Juvenile Court documents or records and temporarily affix a removable tag to each page of the document(s) for which Petitioner seeks a Court order permitting dissemination or use. The W&I Code § 827 Petition (JV-570 ) shall include a copy of each document which is the subject of the petition seeking release for dissemination or use, and shall identify with particularity, the content of each page which is relevant to the petition and the reasons that the content should be released for dissemination or use pursuant to the requirements of CRC 5.552(c) and (e)(6).

(Eff. 7/1/12)

b. District Attorney.

i. Inspection of Documents. Documents may be inspected without Court authorization.

(Eff. 7/1/12)

ii. Copies of Documents or Records. Documents or records may be copied without Court authorization.

iii. Dissemination or Use of Documents or Records. A Petition pursuant to W&I Code § 827 is required for dissemination or use of documents or records (JV – 570), and dissemination or use of documents or records shall be in compliance with the Court’s order on the W&I Code § 827 Petition. If the District Attorney is seeking copies of Juvenile Court documents or records for dissemination or use, it shall lodge, at the time of the filing of the W&I Code § 827 Petition (JV-570 ), two copies of the Juvenile Court documents or records requested for release in a sealed envelope marked “confidential” with a notation that the copies are lodged for review by the Court in connection with the W&I Code § 827 Petition. Of the two copies, one set shall be the unredacted version of the original documents selected from the Juvenile Court file, unaltered in any fashion. The second set shall be submitted with redaction of all content that is not relevant to the underlying action for which any document is sought, and redaction of all content that may be inappropriate for release. The Petition shall identify with particularity as to each document, the reasons that the document should be released pursuant to the requirements of CRC 5.552(c) and (e)(6). (Eff. 7/1/12)

(Eff. 7/1/12)

iv. District Attorney Obligation Where Petition is Filed by a Party to a Criminal Case. If the District Attorney has informed a party in a criminal case that information relevant to that case may be found in a Juvenile Court record, and the District Attorney is served with a copy of a W&I Code § 827 Petition filed by that party, then not later than ten Court days after service of the petition the District Attorney shall lodge two sets of copies of the relevant documents from the Juvenile Court file with the Court, in the same manner as specified in Rule 1.J(1)(b)(iii) above.

(Eff. 7/1/12)

c. Parents/Guardians or School Superintendent, or Minor's Multi-Disciplinary Team.

(Eff. 7/1/12)

i. Inspection of Non-Confidential Documents or Records. Declaration for Juvenile Court Documents is required (JV-2002 ). These Petitioners as listed in W&I Code § 827(a)(1)(D),(G), or (K), shall have the right to inspect non-confidential Juvenile Court documents or records after the filing of a Declaration for Juvenile Court Records (Juvenile Justice) (see attached form JV-2002 ), and Court review.

(a) Copies of Non-Confidential Documents or Records. Copies of non-confidential documents or records may be obtained pursuant to the filing of the JV-2002 for inspection, and after Court review.

(b) Dissemination or Use of Non-Confidential Documents or Records. Dissemination or use of non-confidential Juvenile Court documents or records is subject to the approval of the Supervising Judge of the Juvenile Justice Court pursuant to the filing of a W&I Code § 827 Petition (JV-570 ), and dissemination or use of documents or records shall be in compliance with the Court’s order on the W&I Code § 827 Petition.

ii. Inspection of Confidential Documents or Records. With respect to documents or records which are maintained as confidential, inspection requires the filing of a W&I Code § 827 Petition (JV-570 ) with notice to all parties required. Such confidential documents include, but are not limited to, (1) psychological evaluations; (2) drug treatment assessments and reports; (3) records and reports pertaining to developmental disability and mental health; (4) restraining orders; (5) police reports; (6) medical records; (7) education records; (8) juvenile probation department sexual offender guides; and (9) applications, objections, and/or orders for psychotropic medications.

(a) Copies of Confidential Documents or Records. Copies of confidential documents or records may be obtained subject to the approval of the Supervising Judge of the Juvenile Justice Court pursuant to the filing of a W&I Code § 827 Petition (JV-570 ).

(b) Dissemination or Use of Confidential Documents or Records. Dissemination or use of confidential Juvenile Court documents or records is subject to the approval of the Supervising Judge of the Juvenile Justice Court pursuant to the filing of a W&I Code § 827 Petition (JV-570 ) and shall be in compliance with the Court’s order on the W&I Code § 827 Petition.

(Eff. 7/1/12)

d. When the Probation Department or County Counsel in Santa Clara County is served with notice of a W&I Code § 827 Petition (Judicial Council form JV-570 ) calling for juvenile case file records, and the Probation Department still maintains records about the juvenile, the Probation Department shall continue to maintain and preserve all such records (1) until five years from the date on which the jurisdiction of the Juvenile Court over the juvenile has terminated, or (2) for a period of 180 calendar days following entry of the Court’s order on the § 827 petition, or until all proceedings on the appeal of any § 827 petition have concluded. The longest period of time, above described, shall govern the preservation of probation files.

(Eff. 7/1/11)

e. In all cases in which a person or agency seeks records held by law enforcement, including police reports regarding children who are the subject of Juvenile Court proceedings, the person or agency shall submit a Petition to obtain report of Law Enforcement Agency/Juvenile (Judicial Council form JV-575 ) to the Court Clerk’s office.

(Eff. 1/1/11)

f. Any dissemination of Juvenile Court documents or records is subject to the approval of the Supervising Judge of the Juvenile Justice Court pursuant to the filing of a W&I Code § 827 Petition (Judicial Council form JV-570 ) unless there is previous authorization to release pursuant to a Standing Order or a Local Rule of Court.

(Eff. 7/1/12)

g. Attorneys or defendants who are involved in a criminal proceeding in Superior Court, Santa Clara County, who seek juvenile documents or records for use in the pending criminal action shall, in addition to filing a W&I Code § 827 Petition in the Juvenile Court, concurrently file a Declaration of Filing of Juvenile Court 827 Petition in the criminal case (CR-6082 ).

(Eff. 7/1/12)

(2) ACCESS TO JUVENILE COURT LEGAL FILES BY SIXTH DISTRICT APPELLATE PROGRAM

Attorneys and legal assistants from the Sixth District Appellate Program are hereby granted access to Juvenile Court legal files in which an appeal may be taken. The attorneys and legal assistants shall identify themselves to the staff in the Court Clerk’s office, and shall present a Declaration regarding their request. (See attached local form JV-2002 .) Thereafter they may inspect such files at the Court Clerk’s office.

(Eff. 7/01/08)

The Sixth District Appellate Program shall use the information gained from such file inspection solely to determine whether a notice of appeal and/or extraordinary writ should be filed and/or to determine the selection and recruitment of appointed appellate counsel. A copy of the Declaration shall be filed in the Court file.

(3) ACCESS TO PSYCHOLOGICAL RECORDS BY JUVENILE HALL MEDICAL DIRECTOR

The Medical Director of Juvenile Hall or his/her designee shall be provided a copy of all mental health evaluations of minors housed in Juvenile Hall. If the Probation Officer or Supervising Probation Officer finds that the contents of a diagnostic report rendered by the Division of Juvenile Justice are relevant to the duties of the Medical Director, the Medical Director shall also be provided with a copy of that diagnostic report. Such reports and evaluations shall be used exclusively by the medical personnel in Juvenile Hall and shall not be released to any third parties without Court approval.

(Eff. 7/01/08)

(4) DISCOVERY OF JUVENILE DOCUMENTS OR RECORDS - JUVENILE DEPENDENCY

(Eff. 7/1/12)

Except as indicated within this Rule, any Standing Orders, or as specified in W&I Code §§ 827 and 828 and CRC 5.552, in all cases in which a person or agency seeks access to Juvenile Court documents or records, including records maintained by the Juvenile Court Clerk or the Department of Family and Children’s Services (“DFCS”), the person or agency shall file a Petition for Disclosure (JV-570) with the Supervising Judge of Juvenile Dependency Court. The person or agency seeking the documents or records shall give notice to all necessary parties (See W&I Code § 827 and JV – 570). The Petition shall set forth with specificity the materials sought and the relevance of the materials to the underlying action. The Petition shall state with specificity the information sought and the relevance to any related legal action, including the specific details of the related legal action. The Petition shall be supported by a declaration of counsel and/or a Petitioner, and if necessary a memorandum of points and authorities.

Exceptions are as follows:

a. Persons or Agencies specified in W&I Code § 827(a)(1)(A), (E), (F), (H), (I), (J), (L), (M), (N), or (O) [generally court personnel and select governmental agency personnel], or intervening tribal representatives.

i. Inspection of Documents or Records. Documents or records may be inspected without Court authorization.

ii. Copies of Documents or Records.

(a) Persons or Agencies specified in W&I Code § 827(a)(1)(A), (E), (F), (H), (I), and (O): documents or records may be copied without Court authorization.

(b) Persons or Agencies specified in W&I Code § 827(a)(1)( J), (L), (M), (N), or intervening tribal representatives: Copies of documents or records may be obtained subject to the approval of the Supervising Judge of the Juvenile Dependency Court pursuant to the filing of a W&I Code §827 Petition (JV-570 )

iii. Dissemination or Use of Documents or Records. A Petition pursuant to W&I Code §827 is required for dissemination or use of documents or records (JV-570 ), and dissemination or use of documents or records shall be in compliance with the Court’s order on the W&I Code § 827 Petition. Petitioner shall inspect the Juvenile Court documents or records and temporarily affix a removable tag to each page of the document(s) for which Petitioner seeks a Court order permitting release. The W&I Code § 827 Petition (JV-570 ) shall identify with particularity, the content of each page which is relevant to the petition and the reasons that the content should be released pursuant to the requirements of CRC 5.552(c) and (e)(6).

b. District Attorney.

i. Inspection of Documents or Records. Documents may be inspected without Court authorization.

ii. Copies of Documents or Records. Documents or records may be copied without Court authorization.

iii. Dissemination or Use of Documents or Records. A Petition pursuant to W&I Code § 827 is required for the dissemination or use of documents or records (JV-570 ), and dissemination or use of documents or records shall be in compliance with the Court’s order on the W&I Code § 827 Petition. If the District Attorney is seeking copies of Juvenile Court documents or records for dissemination or use, it shall lodge, at the time of the filing of the W&I Code §827 Petition (JV-570 ), two copies of the Juvenile Court documents or records requested for release in a sealed envelope marked “confidential” with a notation that the copies are lodged for review by the Court in connection with the W&I Code § 827 Petition. Of the two copies, one set shall be the unredacted version of the original documents selected from the Juvenile Court file, unaltered in any fashion. The second set shall be submitted with redaction of all content that is not relevant to the underlying action for which any document is sought, and redaction of all content that may be inappropriate for release. The Petition shall identify with particularity as to each document, the reasons that the document should be released pursuant to the requirements of CRC 5.552(c) and (e)(6).

iv. District Attorney Obligation Where Petition is Filed by a Party to a Criminal Case. If the District Attorney has informed a party in a criminal case that information relevant to that case may be found in a Juvenile Court record, and the District Attorney is served with a copy of a W&I Code § 827 Petition filed by that party, then not later than ten Court days after service of the petition the District Attorney shall lodge two sets of copies of the relevant documents from the Juvenile Court file with the Court, in the same manner as specified in Rule 1.J(4)(b)(iii) above.

c. Minor, or Parents/Guardians or School Superintendent, or Minor’s Multi-Disciplinary Team.

i. Inspection of Non-Confidential Documents or Records. Declaration for Juvenile Court Records required (JV-2002 ). These Petitioners as listed in W&I Code § 827(a)(1)(C),(D),(G), or (K), shall have the right to inspect non-confidential Juvenile Court documents or records after the filing of a Declaration for Juvenile Court Records (Juvenile Dependency) (see attached form JV-2002 ), and Court review.

(a) Copies of Non-Confidential Documents or Records. Copies of non-confidential documents or records may be obtained pursuant to the filing of the JV-2002 for inspection, and after Court review.

(b) Dissemination or Use of Non-Confidential Documents or Records. Dissemination or use of non-confidential Juvenile Court documents or records is subject to the approval of the Supervising Judge of the Juvenile Dependency Court pursuant to the filing of a W&I Code § 827 Petition (JV-570 ) and shall be in compliance with the Court’s order on the W&I Code §827 Petition (JV-570 ).

ii. Inspection of Confidential Documents or Records. With respect to documents or records which are maintained as confidential, inspection requires the filing of a W&I Code § 827 Petition (JV-570 ) with notice to all parties required. Such confidential documents include, but are not limited to, (1) psychological evaluations; (2) drug treatment assessments and reports; (3) records and reports pertaining to developmental disability and mental health; (4) police reports; (5) medical records; (6) education records; (7) juvenile probation department sexual offender guides; (8) applications, objections, and/or orders for psychotropic medications; (9) criminal records background checks; (10) suspected child abuse reports; and (11) adoption records and/or documents after termination of parental rights.

(a) Copies of Confidential Documents or Records. Copies of confidential documents or records may be obtained subject to the approval of the Supervising Judge of the Juvenile Dependency Court pursuant to the filing of a W&I Code § 827 Petition (JV-570 ).

(b) Dissemination or Use of Confidential Documents or Records. Dissemination or use of confidential Juvenile Court documents or records is subject to the approval of the Supervising Judge of the Juvenile Dependency Court pursuant to the filing of a W&I Code § 827 Petition (JV-570 ) and shall be in compliance with the Court’s order on the W&I Code §827 Petition.

d. When the DFCS or County Counsel in Santa Clara County is served with notice of a W&I Code § 827 Petition (JV-570 ) calling for juvenile case file records, and the DFCS still maintains records about the juvenile, the DFCS shall continue to maintain and preserve all such records (1) until five years from the date on which the jurisdiction of the Juvenile Court over the juvenile has terminated, or (2) for a period of 180 calendar days following entry of the Court’s order on the § 827 petition, or until all proceedings on the appeal of any § 827 petition have concluded. The longest period of time, above described, shall govern the preservation of files.

e. In all cases in which a person or agency seeks records held by law enforcement, including police reports regarding children who are the subject of Juvenile Court proceedings, the person or agency shall submit a Petition to Obtain Report of Law Enforcement Agency/Juvenile (JV-575 ) to the Court Clerk’s office.

f. Any dissemination of Juvenile Court documents or records is subject to the approval of the Supervising Judge of the Juvenile Dependency Court pursuant to the filing of a W&I Code § 827 Petition (JV-570 ) unless there is previous authorization to release pursuant to a Standing Order or a Local Rule of Court.

g. Attorneys or defendants who are involved in a criminal proceeding in Superior Court, Santa Clara County, who seek juvenile documents or records for use in the pending criminal action shall, in addition to filing a W&I Code § 827 Petition in the Juvenile Court, concurrently file a Declaration of Filing of Juvenile Court 827 Petition in the criminal case (Attachment CR-6082 ).

(Eff. 7/1/12)

(5) ACCESS TO COURT FILES BY SANTA CLARA COUNTY VICTIM WITNESS ASSISTANCE CENTER STAFF

The Santa Clara County Victim Witness Assistance Center staff shall be permitted to review any Juvenile Court file in which a minor has been committed to the Division of Juvenile Justice and when the minor has a restitution order as a condition of parole. The information gathered from any such review shall be used only with respect to the Victim Witness Assistance Center carrying out its duties with regard to restitution to victims or to the State Restitution Fund.

(Eff. 7/1/08)

The staff member asking to review the file shall fill out and present a Declaration regarding his/her request. A copy of the Declaration shall be filed in the Court file. The party, counsel or investigator shall fill out and present a Declaration regarding the request for records. (See attached local form JV-2002 .) A copy of the Declaration shall be filed in the Court file.

(Eff. 7/1/08)

K. RELEASE OF INFORMATION RELATING TO JUVENILES BY LAW ENFORCEMENT

Pursuant to the cases of T.N.G. v. Superior Court, 4 Cal.3d 767, and Westcott v. County of Yuba, 104 C.A.3d 103, this rule applies to all law enforcement agencies and officials in Santa Clara County:

(1) IDENTITY OF JUVENILE

Do not release your arrest reports or other information in regard to the identity of individual juveniles under the age of 18 years who are the subject of Juvenile Court proceedings to the press or other media or to any persons or public agency except as set forth in Rule 1 subdivision (K) (2) of these rules (immediately below).

(Eff. 1/01/05)

(2) INFORMATION RE INCIDENT

You may release the police report or information in regard to the incident, with exceptions noted, to:

a. The minor, if he is representing himself in a Juvenile Court proceeding, or to his attorney pursuant to the standing Juvenile Court discovery order.

b. The District Attorney of Santa Clara County.

c. The law enforcement agency of minor’s residence.

d. Other law enforcement agencies who require it for criminal investigation or reporting purposes.

e. The Santa Clara County Probation Department.

f. Court personnel.

g. The Santa Clara County Department of Family and Children’s Services.

h. The parents or legal guardian of the minor, unless there is a reference to another minor in the reports. In that situation, the request must be approved by the Juvenile Court.

i. The school attended by the minor.

j. Victims of juvenile crime. They may be given the names and addresses of the persons mentioned in the report, without reference to the status of any minors. The release of further information must be approved by the Juvenile Court.

k. Hospitals, schools, camps, Job Corps or placement agencies which require the information for the placement, treatment or rehabilitation of the minor.

l. The persons entitled there to under Vehicle Code Sections 20008- 20012.

m. Any coroner or medical examiner.

n. The name of a minor 14 years of age or older taken into custody for the commission of a serious felony as defined by subdivision (c) of Section 1192.7 of the Penal Code, and the offenses allegedly committed may be released at the request of any interested party if a hearing has commenced that is based upon a petition that alleges that the minor is a person within the description of Section 602. (W & I Code section 827.5.)

(3) COMMISSION OF FELONY

After your department received notice of the disposition of the case, if the minor was found by the Court to have committed a felony, you may send the usual information to the CII, FBI or other police agencies within California, but to no other persons or agencies (except as otherwise authorized herein).

(4) CONTENTS OF REPORTS

Note that the order does not prohibit release of information by law enforcement agencies about crimes or the contents of arrest reports, except insofar as they disclose the identity of the juvenile subject of Juvenile Court proceedings.

(5) CORONER’S REPORTS

This order does not apply to Coroner’s reports.

(Eff. 7/01/95)

L. AUTHORIZATION FOR USE OF PSYCHOTROPIC DRUGS

If a child is adjudged a dependent child of the Court under W & I Code § 300 and the child has been removed from the physical custody of the parent under W & I Code § 361, or if a child is adjudged to be a ward of the Court on the basis that he or she is a person described in W & I Code § 602 and is removed from the physical custody of the parent and placed in foster care as defined in W & I Code § 727.4, only a Juvenile Court judicial officer shall have the authority to make orders regarding the administration of psychotropic medications for the minor. The Juvenile Court judicial officer may issue a specific order delegating this authority to a parent upon appropriate findings. Court authorization for the administration of psychotropic medication shall be based on a request from a physician in compliance with W & I Codes §§ 369.5 and 739.5.

(Eff. 7/01/10)

Pursuant to CRC 5.640(h), in all cases concerning the administration of psychotropic medications for a child declared a ward of the Court under W & I Code § 602 and removed from the custody of the parent or guardian for placement in a facility that is not considered a foster care placement, the parent or guardian shall continue to have the authority to authorize the administration of psychotropic medications. However, if the parent or guardian is unwilling or unable to make decisions concerning the administration of psychotropic medications, the decision shall be made by Juvenile Court judicial officers and the procedures outlined in W & I Code § 739.5 and Judicial Council forms JV219 through 223 shall be utilized.

In all cases where a minor is in custody in Santa Clara County before wardship, the parent or guardian shall continue to have the authority to authorize the administration of psychotropic medications. However, if the parent or guardian is unwilling or unable to make decisions concerning the administration of psychotropic medications, in accordance with the Juvenile Court judicial officer's duty to review, order and enforce the delivery of services and to secure for the minor the care and discipline as nearly as possible equivalent to that which should have been given by his or her parents consistent with his or her best interest, the decision shall be made by the Juvenile Court judicial officers. See W & I Code § 202 and Standards of Judicial Administration, Standard 23(e)(3). The procedures outlined in W & I Code 739.5 and Judicial Council forms JV 219 through 223 shall be utilized.

(Eff. 1/01/10)

(1) INITIATION OR CHANGES IN MEDICATION

The Court finds that immediate and special mental health intervention may be necessary for disturbed, psychotic, depressed or suicidal minors who are impacted by the unusual life situations and the stress of institutional placements. Accordingly, the administering psychiatrist shall have the discretion to initiate the use of psychotropic drugs as provided by CRC 5.640(g) while attempting to obtain parental or guardian consent or Court authorization if, after weighing the risks and benefits of such medication, the psychiatrist concludes there is no significant risk of irreversible side effects. However, in all cases where consent from a parent or guardian has not been obtained or the Court has retained the right to make the decision, the administering psychiatrist shall approach the Court as soon as possible but never more than two court days after administering the psychotropic medication, utilizing the procedure to obtain authorization set forth in CRC 5.640(c).

(Eff. 1/01/10)

If the administering psychiatrist learns that the parent, guardian or attorney for the child objects to the utilization of such drugs, the matter shall be set for hearing before a Juvenile Court judicial officer on an expedited basis.

(Eff. 1/01/10)

(2) The psychotropic medication authorization by the Juvenile Court shall be reviewed by the Juvenile Court judicial officer to determine that it is still necessary and proper unless the Court has previously delegated authority to the parents for the administration of psychotropic medications. If any party objects to the continued use of the medication, the Juvenile Court judicial officer shall set it for a hearing on an expedited basis. Further, pursuant to CRC 5.640(f), any order for authorization by the Court is effective until terminated or modified by the Court, or until 180 calendar days from the order, whichever is earlier.

(Eff. 1/01/09)

(3) CONTINUATION OF MEDICATION UPON CHANGE IN PLACEMENT

Whenever a dependent child of the Court, or minor in placement at the Children’s Shelter, is moved to a new placement or to a facility pursuant to W & I Code § 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. (4) This rule does not override any inherent authority a physician may have to provide treatment and care in emergency situations. (Cal.Code Regs., Title 9, § 853.)

(Eff. 1/01/09)

M. LINE-UPS

No minor who is detained in any County facility (Juvenile Hall, Juvenile Rehabilitation Facility or Children’s Shelter) in Santa Clara County or who has a pending Court hearing shall participate in any line-up conducted by law enforcement or probation without Court authorization. Authorization shall be sought by noticed motion before the Supervising Judge of the Juvenile Justice calendar if the minor is pending a juvenile justice matter, or before the Supervising Judge of the dependency calendar if the minor is pending a dependency matter. All parties shall receive notice of any such motion.

(Eff. 1/01/10)

N. EDUCATIONAL RIGHTS IN JUVENILE COURT

(1) At every hearing in Dependency and Juvenile Justice Court, including detention, jurisdiction, and disposition hearings, as well as all review hearings, the Court, to the extent that information is available, must consider who holds the educational rights of the minor and whether the parent or guardian's educational rights should be limited, and whether the Court shall reserve those rights, appoint a responsible adult, or appoint an educational representative.

(Eff. 1/01/10)

O. INSPECTION OF LAW ENFORCEMENT LOCK-UPS

Pursuant to W & I Code § 209 the Juvenile Justice Commission shall conduct an annual inspection of all law enforcement facilities in Santa Clara County which contain a lockup for adults which, in the preceding year, was used for the secure detention of any minor. The results of each inspection shall be presented in writing to the Presiding Judge of the Juvenile Court or the Supervising Judge of the Juvenile Justice Court during the calendar year.

(Eff. 1/01/10)

P. LOCAL RULES RELATING TO CHILD AND YOUTH ADVOCATES

(Eff. 7/1/14)

(1) THE ADVOCATE PROGRAMS

The Juvenile Court may appoint child and youth advocates to represent the interests of dependent and juvenile justice youth. In order to qualify for appointment the child advocate for dependent youth must be trained by and function under the auspices of a Court appointed special advocate program, formed and operating under the guidelines established by the California Judicial Council (W & I § 356.5), and to qualify for appointment for Juvenile Justice youth, the advocate must be trained by and function under the Court Apointed Friends and Advocates Program (CAFA), pursuant to a Memorandum of Understanding between the CAFA organization and the Juvenile Court.

(Eff. 7/01/14)

The advocate programS shall report regularly to the Presiding Judge of the Juvenile Court with evidence that they are operating under the guidelines established by the National Court Appointed Special Advocate Association and the California State Guidelines for Child Advocates or the Memorandum of Understanding with the CAFA program..

(Eff. 7/01/14)

(2) CHILD OR YOUTH ADVOCATES

(Eff. 7/01/14)

a. ADVOCATES’ FUNCTIONS

Advocates serve at the pleasure of the Court having jurisdiction over the proceeding in which the advocate has been appointed. In general, an advocate’s functions are as follows:

i. to support the child or youth throughout the Court proceedings;

(Eff. 7/01/14)

ii. to establish a relationship with the child or youth to better understand his or her particular needs and desires;

(Eff. 7/01/14)

iii. to communicate the child’s or youth's needs and desires to the Court in written reports and recommendations;

(Eff. 7/01/14)

iv. to identify and explore potential resources which will facilitate early family reunification or alternative permanency planning;

v. to provide continuous attention to the child’s or youth's situation to ensure that the Court’s plans for the child or youth are being implemented;

(Eff. 7/01/14)

vi. to the fullest extent possible, to communicate and coordinate efforts with the case manager (probation officer/social worker);

vii. to the fullest extent possible, to communicate and coordinate efforts with the child’s or youth's attorneys; and

(Eff. 7/01/14)

viii. to investigate the interests of the child or youth in other judicial or administrative proceedings outside Juvenile Court; report to the Juvenile Court concerning same; and, with the approval of the Court, offer his/her services on behalf of the child or youth to such other courts or tribunals.

(Eff. 7/01/14)

b. SWORN OFFICER OF THE COURT

An advocate is an officer of the Court and is bound by these rules. Each advocate shall be sworn in by a Superior Court Judge/Referee/Commissioner before beginning his/her duties, and shall subscribe to the written oath set forth in attached local form JV-2003 or JV-2030 .

(Eff. 7/01/14)

c. SPECIFIC DUTIES

The Court shall, in its initial order of appointment, and thereafter subsequent order as appropriate, specifically delineate the advocate’s duties in each case, which may include independent investigation of the circumstances of the case, interviewing and observing the child/youth and other appropriate individuals, reviewing appropriate records and reports, consideration of visitation rights for the child’s or youth's grandparents and other relatives, and reporting back directly to the Court as indicated. If no specific duties are outlined by Court order, the advocate shall discharge his/her obligation to the child or youth and the Court in accordance with the general duties set forth in these rules.

(Eff. 7/01/14)

d. PROCEDURES IN JUVENILE JUSTICE CASES

(Eff. 1/01/10)

i. A request for appointment of a youth advocate in a juvenile justice 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. In the case of a dual status, youth who already has a CASA advocate who wants to continue in Juvenile Justice, the Court will sign a new JV-2005 . In all other cases, the Court will order the case to be referred to the CAFA program for screening.

(Eff. 7/01/14)

ii. When CAFA receives a referral, it shall screen it, and if it determines that the minor is a suitable subject for the appointment of a youth advocate and if there is a suitable CAFA available for appointment, the Court shall swear in the CAFA, (see attached form JV-2030 ) and sign the Order Appointing the Court Appointed Friend and Advocate (see attached form JV-2031 ).

(Eff. 7/01/14)

iii. Any party to the proceeding may petition the Court for a hearing to reconsider the appointment.

iv. A youth advocate may petition the Court to set the minor’s case for a review hearing. (See attached form JV-2009 .)

(Eff. 7/01/14)

v. The youth advocate serves at the pleasure of the Court, and the appointment of the youth advocate may be terminated by the Court. Any party or the Director of the Youth Advocate Program may file a motion for termination of a youth advocate. The Court will determine whether there will be a hearing on such a motion.

(Eff. 7/01/14)

vi. Any youth advocate with a grievance concerning termination may petition the Court for a hearing. Such petition shall include facts indicating that the youth advocate has exhausted all remedies available to him or her within the youth advocate program. The Court will determine whether there shall be a hearing on such a petition.

(Eff. 7/01/14)

e. PROCEDURES IN DEPENDENCY CASES (W & I SECTION 300)

i. A request for appointment of a child advocate in a dependency case may be made orally or in writing in open court or ex parte by the social worker, any party to the case or by the Court on its own motion. Unless there is opposition, the referral shall be forwarded to the child advocate office for screening and assignment.

ii. When an appropriate child advocate has been identified, that person’s name shall be submitted to the Court for appointment. (See form of appointment of child advocate in dependency cases in attached local form JV-2007 .)

(Eff. 7/01/08)

iii. Any party to the case may petition the court for a hearing to reconsider the appointment.

iv. The child advocate serves at the pleasure of the Court, and the appointment of the child advocate may be terminated by the Court. Any party or the Director of the Child Advocate Program may file a motion for termination of a child advocate. The Court will determine whether there will be a hearing on such a motion. (See form of termination of appointment in attached local form JV-2006 .)

(Eff. 7/01/08)

v. Any child advocate with a grievance concerning termination may petition the Court for a hearing. Such petition shall include facts indicating that the child advocate has exhausted all remedies available to him or her within the Child Advocate program. The Court will determine whether there shall be a hearing on such a petition.

(3) RELEASE OF INFORMATION TO ADVOCATE

a. TO ACCOMPLISH APPOINTMENT

To accomplish the appointment of an advocate, the Judge/ Referee/Commissioner making the appointment shall sign an order granting the advocate the authority to review specific relevant documents. In addition, the advocate will have the authority to interview parties involved in the case and other persons having significant information relating to the child or youth. The advocate shall have the same authority as any other officer appointed to investigate proceedings on behalf of the Court.

(Eff. 7/01/14)

b. ACCESS TO RECORDS

An advocate shall have the same legal right to records relating to the child or youth he/she is appointed to represent as any case manager (social worker or probation officer) with regard to records pertaining to the child or youth 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 advocate shall present his or her identification as a Court-appointed advocate to any such record holder in support of his/her request for access to specific records. No consent from the parent or guardian is necessary for the advocate to have access to any records relating to the child or youth.

(Eff. 7/01/14)

c. REPORT OF CHILD ABUSE

An advocate is a mandated child abuse reporter with respect to the case to which he/she is appointed.

d. COMMUNICATION

There shall be ongoing, regular communication concerning the child’s or youth's best interests, current status, and significant case developments maintained among the advocate, case manager, child’s or youth's attorney, attorneys for parents, relatives, foster parents and any therapist for the child or youth.

(Eff. 7/01/14)

(4) RIGHT TO TIMELY NOTICE

In any motion concerning the child or youth for whom the advocate has been appointed, the moving party shall provide the advocate timely notice.

(Eff. 7/01/14)

(5) CALENDAR PRIORITY

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

(Eff. 7/01/14)

(6) VISITATION THROUGHOUT DEPENDENCY

Child Advocates shall have the right to regular unsupervised contact with the child. An advocate shall visit the child regularly until the child is secure in a permanent placement. Thereafter, the advocate shall monitor the case as appropriate until dependency is dismissed.

(Eff. 1/01/05)

(7) FAMILY LAW ADVOCACY

Should the Juvenile Court dismiss dependency and create family law orders pursuant to W & I Code § 362.4, the advocate’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.

(8) RIGHT TO APPEAR

An advocate 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/she may be called to testify at some point in the proceedings. An advocate shall not be deemed to be a “party”, as described in Title 3 of Part II of the Code of Civil Procedure. However, the Court, in its discretion, shall have the authority to grant the advocate amicus curiae status, which includes the right to appear with counsel.

(Eff. 7/01/96)


Juvenile Rules of Court: Summary - Intro - 1 - 2 - 3
List of attached Juvenile local forms

© 2014 Superior Court of California, County of Santa Clara