Local Juvenile Rules of Court

JUVENILE RULE 1 GENERAL PROVISIONS

A. JUDICIAL ADMINISTRATION
B. RELATIONSHIP OF THE JUVENILE COURT TO OTHER CALENDARS
C. NOTICED MOTIONS
D. PRE-HEARING DISCOVERY
E. EX PARTE ORDERS
F. ATTENDANCE AT HEARINGS (CRC 1410)
G. SETTLEMENT CONFERENCES
H. ACCESS TO COURTROOM BY NON-PARTIES
I. RELEASE OF INFORMATION RELATING TO JUVENILES
J. RELEASE OF INFORMATION RELATING TO JUVENILES BY LAW ENFORCEMENT
K. MEDICAL ISSUES
L. LINE-UPS
M. INSPECTION OF LAW ENFORCEMENT LOCK-UPS
N. LOCAL RULES RELATING TO CHILD ADVOCATES

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) SUPERVISING JUDGE IN THE JUVENILE COURT

There shall be a Supervising Judge of both the dependency and delinquency 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 delinquency calendars.

(3) 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.

(2) MASTER CALENDAR REFERRALS (LONG CAUSE CASES)

Only the Presiding Judge of the Juvenile Court, the Supervising Judge of the dependency/delinquency calendar or some judicial officer acting in one of those capacities shall assign any case to the Supervising Judge of the Civil Case Management System.

(3) 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. 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 5 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 2 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)

E. 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. 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. 1/01/05)

(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)

F. ATTENDANCE AT HEARINGS (CRC 1410)

Unless excused by the Court and except as indicated in Rule 2 subdivision (E) (2) of these rules, each party and attorney shall attend each scheduled Juvenile Court hearing.

(Eff. 1/01/05)

G. 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)

H. ACCESS TO COURTROOM BY NON-PARTIES (W & I 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 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. 1/01/05)

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)

I. RELEASE OF INFORMATION RELATING TO JUVENILES

(1) DISCOVERY OF JUVENILE RECORDS

Except as indicated within this rule or as specified in Welfare and Institutions (W & I) Code 827 and 828 and CRC 5.552, in all cases in which a person or agency seeks access to Juvenile Court records, including records maintained by the Juvenile Court Clerk, the Probation Department or the Department of Family and Children’s Services, the person or agency shall file a Petition for Disclosure (Judicial Council form JV-570) with the Supervising Judge of either the Delinquency or Dependency Courts. This Rule applies even if no action has been commenced in Juvenile Court under W & I Code sections 300, 601, or 602. 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 including the date(s) of occurrence. The Petition shall be supported by a declaration of counsel and if necessary a memorandum of points and authorities.

(Eff. 7/01/08)

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. 1/01/04)

The person or agency seeking the records shall give notice to all necessary parties.

(See W & I Code 827 and Judicial Council form JV-570.)

This section does not apply to those persons and agencies designated by W & I Code Section 827(a).

(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) RELEASE OF JUVENILE COURT INFORMATION TO THE VICTIM-OFFENDER MEDIATION PROGRAM (VOMP)

Information relating to a juvenile involved in a W & I Code Section 602 referral to the Court or Probation Department may be released to the Victim-Offender Mediation Program (VOMP) for use by volunteer mediators.

The information released shall be sufficient: to determine eligibility of the minor, the circumstances of the crime, the offender’s criminal history, and the nature and amount of restitution; and to establish contact with victims and offenders. The type and amount of information may vary from case to case. (See attached local form JV-2002.)

(Eff. 7/1/08)

All information released to or received by a volunteer is confidential and shall not be used at any time in conversation or communications with anyone not a member of the Juvenile Court/Probation Department or VOMP staff.

Upon completion of the case all documents relating to the case shall be returned to the Juvenile Court/Probation Department for destruction.

The representation of the VOMP shall fill out and present a Declaration concerning the request. The Declaration shall be filed in the Court file.

(4) 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)

(5) RELEASE OF RECORDS TO PARTIES AND THEIR ATTORNEYS

Any party or his/her attorney in any W & I Code Section 300 matter shall be given access to all records relating to the child which are held by the Court Clerk. Said party or counsel shall also have the right to secure copies of such records. The party or counsel shall be responsible for the cost of any copying. (See attached local form JV-2002.)

(Eff. 7/1/08)

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)

(6) 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)

J. 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)

K. MEDICAL ISSUES

(1) STANDING ORDER PERMITTING HEALTH ASSESSMENT, PHYSICAL EXAMINATION, LABORATORY TESTS, VENEREAL DISEASE SCREENING AND FURNISHING OF CONTRACEPTIVES, IMMUNIZATIONS, ROUTINE MEDICAL CARE, MENTAL HEALTH EVALUATION AND SERVICES, AND DENTAL ASSESSMENT AND TREATMENT OF TEMPORARILY DETAINED MINORS

In order that juveniles confined in the Santa Clara County Probation Department and Department of Family and Children’s Services’ temporary holding facilities (i.e., Children’s Shelter, Juvenile Hall, Juvenile Rehabilitation Facilities, Emergency Satellite Homes, and alternative shelter programs) receive necessary care of their physical and mental health, and do not endanger the health and welfare of other persons in these facilities, the Santa Clara Valley Medical Center medical clinics are hereby authorized to provide the following services to all such juveniles, which services follow the “Statement of Committee On Adolescents of the American Academy of Pediatrics, Health Care for

Children and Adolescents in Detention Centers, Jails, Lock-ups, and other Court Sponsored Residential Facilities”:

a. A comprehensive health assessment and physical examination.

b. Any clinical laboratory tests and limited, non-intrusive diagnostic tests such as blood tests, x-rays and CAT scans, etc. the physician determines are necessary for the evaluation of the juvenile’s health status.

(Eff. 1/01/05)

c. Upon consent of the juvenile, sexually active juveniles may be screened for venereal disease. Contraceptive devices may be furnished to any juvenile upon the minor’s request.

d. Any standard childhood immunizations recommended by the American Academy of Pediatrics necessary to bring a child’s immunizations up-to-date. However, no immunizations shall be administered before: (1) making a reasonable attempt to obtain parental consent; (2) checking the county immunization registry; (3) contacting the child’s personal pediatrician; and (4) if the child is of school age, contacting the child’s school for immunization records. If a parent objects to the child receiving immunizations, then no immunizations shall be administered without a Court order. Further, if no parent is available to give consent, then no immunization may be given until the above conditions have been met and seven days have elapsed since the child’s admission to custody.

(Eff. 1/01/05)

e. Any routine medical care required based on the results of the comprehensive health assessment, and any routine medical care required for the care of illnesses and injury, including the use of standard X-rays, stitches for cuts and casts for broken bones. Routine medical care as referred to above includes:

(Eff. 1/01/05)

i. first aid care for conditions which require immediate assistance from a person trained in basic first aid as defined by the American Red Cross or its equivalent;

ii. clinic care for ambulatory juveniles with health care complaints which are evaluated and treated at sick call or by special appointment; and

iii. inpatient bed care for illness or injury which requires limited observation and/or management and does not require admission to a licensed hospital. Routine medical care does not include blood transfusions or inpatient care for illness or diagnosis which requires optimal observation and/or management in a licensed hospital.

f. A mental health status evaluation and necessary mental health services except no placement in an inpatient psychiatric facility shall occur without compliance with W & I Code Sections 319.1, 635.1 and 5150, et seq.

g. A dental assessment, including X-rays when appropriate, and any routine dental treatment required based on the results of the dental assessment.

At the time of admission to the temporary holding facility all reasonable efforts should be made to obtain the consent of the parent or legal guardian for non-routine medical care while the

juvenile is temporarily detained or placed out-of-home. In the event said consent cannot be obtained (e.g., parent or guardian is not available to give consent), the medical clinic shall request a Court order for any non-routine health care.

h. This rule also applies to dependent children in Court-ordered placement as well as children who are the subject of a section 300 petition and who are temporarily placed with relatives or non-relative extended family members.

(Eff. 1/01/05)

i. The Department of Family and Children’s Services social workers are authorized to sign necessary documentation and consent forms, including school medical consent forms, for the provision of medical services described in this section.

(Eff. 1/01/05)

L. 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 delinquency calendar if the minor is pending a delinquency 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. 1/01/95)

M. INSPECTION OF LAW ENFORCEMENT LOCK-UPS

Pursuant to W & I Code section 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 Delinquency Court during the calendar year.

(Eff. 1/01/95)

N. LOCAL RULES RELATING TO CHILD ADVOCATES

(1) THE ADVOCATE PROGRAM

The Juvenile Court may appoint child advocates to represent the interests of dependent or delinquent children. In order to qualify for appointment the child advocate 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).

The advocate 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.

(2) CHILD ADVOCATES

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 throughout the Court proceedings;

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

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

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 situation to ensure that the Court’s plans for the child are being implemented;

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 attorneys; and

viii. to investigate the interests of the child 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 to such other courts or tribunals.

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.

(Eff. 7/1/08)

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 and other appropriate individuals, reviewing appropriate records and reports, consideration of visitation rights for the child’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 and the Court in accordance with the general duties set forth in these rules.

d. PROCEDURES IN DELINQUENCY CASES

(Eff. 1/01/05)

i. A request for appointment of a child advocate in a delinquency case may be made orally or in writing in open court or ex parte by the probation officer or any party to the case, or by the Court on its own motion. If the Court grants the request, it shall order that the case be referred to Court Appointed Child Advocates (CASA) for screening. (See attached local form JV-2001.) The order shall be transmitted to CASA by the Courtroom Clerk.

(Eff. 7/01/08)

ii. When CASA receives a referral, it shall screen it, and if it determines that the minor is a suitable subject for the appointment of a child advocate and if there is a suitable child advocate available for appointment, CASA shall complete an application for the appointment of a designated child advocate and present the application ex parte to the referring Court which may then grant the application or set the matter for hearing. (See form of application and order appointing child advocate in  attached local form JV-2004.)

(Eff. 7/01/08)

iii. When the Court grants the application for appointment of a child advocate (either at the time of application or after hearing), CASA shall prepare and present to the Court an order appointing the child advocate. (See form of order appointing child advocate in attached local form JV-2005.)

(Eff. 7/01/08)

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

v. A child advocate may petition the Court to set the minor’s case for a review hearing. (See form of petition and order to review the case in attached local form JV-2009.)

(Eff. 7/01/08)

vi. 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. 7/1/08)

vii. 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.

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. The advocate shall have the same authority as any other officer appointed to investigate proceedings on behalf of the Court.

(Eff. 7/01/08)

b. ACCESS TO RECORDS

An advocate shall have the same legal right to records relating to the child he/she is appointed to represent as any case manager (social worker or probation officer) with regard to 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 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.

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 best interests, current status, and significant case developments maintained among the advocate, case manager, child’s attorney, attorneys for parents, relatives, foster parents and any therapist for the child.

(4) RIGHT TO TIMELY NOTICE

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

(5) CALENDAR PRIORITY

In light of the fact that advocates 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.

(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 Section 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: Summary - Intro - 1 - 2 - 3
List of attached Juvenile local forms