Local Juvenile Rules of Court

JUVENILE RULE 3 RELATIONSHIPS AMONG DIFFERENT DIVISIONS OF THE SUPERIOR COURTS

A. JUVENILE DEPENDENCY, JUVENILE DELINQUENCY, FAMILY, AND PROBATE COURTS EXCHANGE OF INFORMATION
B. FOREIGN CONSULATES
C. COURT COMMUNICATION REGARDING RESTRAINING ORDERS
D. FAMILY AND JUVENILE COURTS
E. DUAL STATUS HEARINGS (W & I CODE SECTION 241.1)

A. JUVENILE DEPENDENCY, JUVENILE DELINQUENCY, FAMILY, AND PROBATE COURTS EXCHANGE OF INFORMATION

This rule addresses the exchange of information between Family Court Services staff (FCS), Juvenile Probation Department (JPD), the Department of Family and Children’s Services (DFCS), the Adult Probation Department (APD), and the Probate Court Investigator’s (PCI) staff.

The Court hereby finds that the best interests of children and victims appearing before the Juvenile, Family, Criminal and Probate Courts, the public interest in avoiding duplication of effort by the Courts and by the investigative and supervisory agencies serving the Juvenile, Court or Court-serving agency outweighs the confidentiality interest reflected in Penal Code Sections 11167 and 11167.5, Welfare and Institutions (W & I) Code Section 827 and 10850, Family Code Section 1818, and Probate Code Section 1513, and therefore good cause exists for the following rule:

(1) JUVENILE DEPENDENCY

FCS, PCI, APO, and JPD staff may orally disclose to DFCS staff who are investigating or supervising a child abuse or neglect case the following information:

a. Whether the child, his/her parents, guardians, or caretakers are or have been the subject of a custody, delinquency, criminal or probate investigation, the findings and status of that investigation, the recommendations made or anticipated to be made to the Court by FCS, PCI, APO, or JPD, the progress while under Court supervision including compliance with Court orders, and a copy of any Court orders in existence with respect to the child, parents, guardians, or caretakers.

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


c. DFCS may include this information in Court reports and keep such information in their case files.

d. The following agencies may provide written documents to each other: JPD, PCI, APO, FCS and DFCS. These documents may include but are not limited to relevant portions of investigation notes, progress notes and summaries, and Court reports containing information described in (a) and (b) above. However, child abuse and neglect reports described by Penal Code Section 11167.5 (Suspected Child Abuse Report form #S-8572), information disclosing the identity of a reporting party, or Court-ordered psychological evaluations will not be exchanged between the agencies absent a Court order. Copies of DFCS or JPD documents used by PCI, APO or FCS will not be made available to the public without a Court order.

(Eff. 1/01/05)

(2) CUSTODY DISPUTES

JPD, PCI, APO or DFCS may orally disclose to FCS staff who are mediating, evaluating, or investigating a child custody or visitation dispute the following information:

a. Whether the child or his/her parents or caretaker are or have been the subject of a child abuse, neglect, probate, criminal or delinquency investigation, the findings and status of that investigation, the recommendations made or anticipated to be made to the Court by DFCS, PCI, APO or JPD, the progress while under Court supervision including compliance with Court orders, and a copy of any Court orders in existence and probation conditions with respect to the child, parents or caretakers.

b. Any statements made by the child or the child’s parents, guardians or caretakers which might bear upon the issue of the child’s best interests in the pending Family Court matter.

c. FCS may include this information in Court reports and keep such information in their case files.


d. The following agencies may provide written documents to each other: JPD, PCI, APO, FCS and DFCS. These documents may include but are not limited to relevant portions of investigation notes, progress notes and summaries, and Court reports containing information described in (a) and (b) above. However, child abuse and neglect reports described by Penal Code Section 11167.5 (Suspected Child Abuse Report form #S-8572), information disclosing the identity of a reporting party, or Court-ordered psychological evaluations will not be exchanged between the agencies absent a Court order. Copies of DFCS or JPD documents used by PCI, APO or FCS will not be made available to the public without a Court order.

(Eff. 1/01/05)

(3) JUVENILE DELINQUENCY

FCS, PCI, APO, or DFCS staff may orally disclose to JPD staff who are investigating or supervising a delinquency case the following information:

a. Whether the child or his/her parents, guardian, or caretakers have been the subject of a child abuse, neglect, custody, criminal or probate investigation, the findings and status of that investigation, the recommendations made or anticipated to be made to the Court by DFCS, FCS, APO or PCI staff, the progress while under Court supervision including compliance with Court orders, and a copy of any Court orders in existence with respect to the child, parents, guardians or caretaker(s).

b. Any statements made by the child or the child’s parents, guardians, or caretakers which might bear upon the child’s delinquency or any disposition in the delinquency proceeding.

c. JPD may include this information in Court reports and keep such information in their case files.

d. The following agencies may provide written documents to each other: JPD, PCI, APO, FCS and DFCS. These documents may include but are not limited to relevant portions of investigation notes, progress notes and summaries, and Court reports containing information described in (a) and (b) above. However, child abuse and neglect reports described by Penal Code Section 11167.5 (Suspected Child Abuse Report form #S-8572), information disclosing the identity of a reporting party, or Court-ordered psychological evaluations will not be exchanged between the agencies absent a Court order. Copies of DFCS or JPD documents used by PCI, APO or FCS will not be made available to the public without a Court order.

(Eff. 1/01/05)

(4) PROBATE

FCS, DFCS, APO and JPD staff may orally disclose to PCI staff who are investigating or supervising a probate guardianship or conservatorship matter the following information:

a. Whether the child or his/her parents, guardians, or caretakers have been the subject of a child abuse, neglect, custody, criminal or delinquency investigation; the findings and status of that investigation; the recommendations made or anticipated to be made to the Court by DFCS, FCS, APO or JPD staff; the progress while under Court supervision including compliance with Court orders, and a copy of any Court orders including probation conditions in existence with respect to the child, parents, guardians or caretakers.

b. Any statement made by the child or the child’s parents, guardians, or caretakers which might bear upon the issue of the child’s best interest in the probate matter.

c. PCI may include this information in Court reports and keep such information in their case files.

d. The following agencies may provide written documents to each other: JPD, PCI, APO, FCS and DFCS. These documents may include but are not limited to relevant portions of investigation notes, progress notes and summaries, and Court reports containing information described in (a) and (b) above. However, child abuse and neglect reports described by Penal Code Section 11167.5 (Suspected Child Abuse Report form #S-8572), information disclosing the identity of a reporting party, or Court-ordered psychological evaluations will not be exchanged between the agencies absent a Court order. Copies of DFCS or JPD documents used by PCI, APO or FCS will not be made available to the public without a Court order.

(Eff. 1/01/05)

(5) ADULT PROBATION

FCS, DFCS, JPD and PCI staff may orally disclose to APO staff who are investigating a criminal case or who are supervising a criminal defendant the following information:

a. Whether the child victim, his/her parents, guardians, or caretakers are or have been the subject of a custody, child abuse or neglect, delinquency, or probate investigation, the findings and status of that investigation, the recommendations made or anticipated to be made to the Court by FCS, DFCS, JPD or PCI staff, the progress while under Court supervision including compliance with Court orders and a copy of any Court orders including probation conditions in existence with respect to the child, parents, guardians, or caretakers.

b. Any statement made by the child or the child’s parents, guardians, or caretakers which might bear upon the issue of the child’s or victim’s best interests in the pending criminal action.
c. APO may include this information in Court reports and keep such information in their case files.

d. The following agencies may provide written documents to each other: JPD, PCI, APO, FCS and DFCS. These documents may include but are not limited to relevant portions of investigation notes, progress notes and summaries, and Court reports containing information described in (a) and (b) above. However, child abuse and neglect reports described by Penal Code Section 11167.5 (Suspected Child Abuse Report form #S-8572), information disclosing the identity of a reporting party, or Court-ordered psychological evaluations will not be exchanged between the agencies absent a Court order. Copies of DFCS or JPD documents used by PCI, APO or FCS will not be made available to the public without a Court order.

(Eff. 1/01/05)

B. FOREIGN CONSULATES

Whenever there is reason to believe that a child appearing before the Juvenile Court is a foreign national, the Department of Family and Children’s Services may orally disclose to the foreign consulate the following information about each child and parent: address, phone number, date of birth and the reason the child was brought into protective custody.

C. COURT COMMUNICATION REGARDING RESTRAINING ORDERS

(1) PROCEDURE IN JUVENILE COURT

a. Subject to available resources, the Family, Juvenile, and Probate Courts shall examine appropriate available databases for existing restraining or protective orders involving the same restrained and protected parties before issuing permanent CLETS Civil Restraining Orders. In the event that this information is not available to the judicial officer, inquiry shall be made of the parties before issuing permanent CLETS Civil Restraining Orders.

b. Any order of the Family, Juvenile, or Probate Court that permits contact between a defendant/restrained person subject to either CLETS Civil Restraining Orders or Criminal Protective Orders and his or her children, shall contain specific language setting forth the time, day, place, and manner of the transfer of the children, including the safe exchange of the children, in accordance with Section 3100 of the Family Code. Such an order shall not contain language that conflicts with a Criminal Protective Order. Safety of all parties shall be the Court’s paramount concern. The Court or a Court-related agency may recommend safe and specific contact with the children and direct the defendant/restrained person and/or the victim/protected person to the process for modification of protective orders.

(2) MODIFICATION OF CRIMINAL PROTECTIVE ORDERS

a. Any Court responsible for issuing custody or visitation orders involving minor children of a defendant/restrained person subject to a Criminal Protective Order may modify the Criminal Protective Order if all of the following circumstances are satisfied:

(Eff. 1/01/06)

i. Both the defendant/restrained person and the victim/protected person are subject to the jurisdiction of the Family, Juvenile, or Probate Court, and both parties are present before the Court.

ii. The defendant/restrained person is on probation (formal or Court) for a domestic violence offense in Santa Clara County or is currently charged with a domestic violence related offense in Santa Clara County and a Criminal Protective Order has issued.

(Eff. 1/01/06)

iii. The Family, Juvenile, or Probate Court identifies a Criminal Protective Order issued against the defendant, which is inconsistent with a proposed Family, Juvenile, or Probate Court Order, such that the Family, Juvenile, or Probate Order is/will be more restrictive than the Criminal Protective Order or there is a proposed custody or visitation order which requires recognition in the Criminal Protective Order (Boxes 12 or 13 or both on the Criminal Protective Order form).

(Eff. 1/01/07)

iv. The defendant signs an appropriate waiver of rights form or enters a waiver of rights on the record.

v. Both the victim/protected person and the defendant/ restrained person agree that the Criminal Protective Order may be modified to a more restrictive order or to add Box 12 or 13 or both to the Criminal Protective Order.

(Eff. 1/01/07)

b. The Family, Juvenile, or Probate Court may not modify existing Criminal Protective Orders to be less restrictive. Only if children are not listed as protected persons, a modification of the Criminal Protective Order to check Box 12 or 13 or both shall not be considered less restrictive.

(Eff. 1/01/07)

c. The Family, Juvenile, or Probate Court may on its own motion or at the request of a defendant, protected person or other interested party, calendar a hearing before the Criminal Court on the issue of whether a Criminal Protective Order should be modified. The Family, Juvenile, or Probate Court shall provide the Criminal Court with copies of existing or proposed Orders relating to the matter. Notice of the hearing will be provided to all counsel and parties.

(Eff. 1/01/07)

D. FAMILY AND JUVENILE COURT MANAGEMENT OF CHILD ABUSE CASES

It is the policy of the Superior Court to identify and coordinate custody proceedings involving the same child which may appear in multiple legal settings. It is further the policy of the Superior Court to coordinate the efforts of the different Court systems so that the child’s needs are served and the resources of the family and the Court are not wasted. To these ends the Superior Court and the agencies serving the Court shall cooperate to increase the exchange of information and to determine the most appropriate forum for the resolution of the issues relating to the child.

(1) REPORT PURSUANT TO PENAL CODE SECTION 11166

If during the pendency of a family law proceeding a child abuse allegation against one of the child’s parents comes to the attention of a Family Court Services staff member or other mediator or evaluator, that person shall first determine whether the allegation must be reported to a child protection agency pursuant to Penal Code Section 11166. If that person determines the allegation does not fall within the description of 11166, he/she need not make a report. However, any other person may report the allegation to a child protection agency.

(2) CHILD ABUSE INVESTIGATION

When the Department of Family and Children’s Services (DFCS) receives a report of suspected child abuse during the pendency of a family law proceeding, it shall investigate the matter immediately or within three or ten days pursuant to DSS Regulations 30-132. The Department of Family and Children’s Services shall coordinate its investigation with the reporting police agency. The Department of Family and Children’s Services shall inform Family Court Services of any decisions it makes concerning the child abuse investigation. If the Department of Family and Children’s Services determines that further investigation is necessary, it shall contact the investigating agency immediately so that all investigative efforts can be coordinated.

(3) W & I CODE SECTION 329 APPLICATION

If the Department of Family and Children’s Services decides not to intervene or fails to report to the reporting party within 10 days, any person may apply to the social worker pursuant to W & I Code Section 329. In that application the affiant shall give notice and identifying information of any pending family law proceeding. A copy of the application shall be sent to Family Court Services by the moving party. The social worker shall respond to the application as soon as possible or within three weeks after submission of the application. (W & I Code Section 329.) The social worker shall orally notify Family Court Services of the response.

(See Judicial Council forms JV-210 and JV-215 for application and order forms.)

(Eff. 1/01/05)

(4) SUSPENSION OF FAMILY COURT PROCEEDINGS

a. DEPARTMENT OF FAMILY AND CHILDREN’S SERVICES REPORT

After a report of suspected child abuse has been made to a child protection agency, custody and visitation proceedings in the Family Court are suspended, except that the Family Court shall have the power to make temporary protective orders to ensure the safety of the child. The suspension shall remain for 18 calendar days from the report or until the Department of Family and Children’s Services indicates in writing that it will take no action in the matter, whichever occurs first.

b. W & I SECTION 300 PETITION, JUVENILE COURT

If a petition pursuant to W & I Code Section 300 is filed in the Juvenile Court, all custody and visitation proceedings in the Family Court are suspended. Thereafter custody and visitation issues shall be determined by the Juvenile Court. The Family Court shall resume custody or visitation litigation only after written authorization is received from the Juvenile Court.

(5) REVIEW OF DEPENDENCY DECISION

If the Department of Family and Children’s Services worker decides not to initiate dependency proceedings, any person may apply to the Juvenile Court to review that decision pursuant to W & I Code Section 331. The application shall include a copy of any application made pursuant to W & I Code Section 329 if one was made. The Juvenile Court shall rule on the application as soon as possible and in no event later than 30 days after receipt of the application. (See Judicial Council Form JV-210 and JV-215 for application and order forms.)

(Eff. 1/01/05)

(6) INFORMAL SUPERVISION AGREEMENT

If during the Department of Family and Children’s Services worker’s investigation one or both parents reach an informal supervision agreement pursuant to W & I Code Section 330, a copy of that agreement shall be sent immediately to the Department of Family and Children’s Services, to Family Court Services and to each parent.

(7) FAMILY CODE SECTION 3150 APPOINTMENT OF COUNSEL

During family law proceedings in which allegations of child abuse have been made, the Family Court Judge may appoint counsel for the child (Family Code Section 3150) to protect the child’s interests and/or expedite the policy stated herein and carry out the terms of this protocol.

(8) COORDINATION OF CASES

At any time during the process described herein, the supervising judges of the Family and Juvenile Courts are encouraged to discuss problems relating to the coordination of cases involving child abuse allegations.

(Eff. 1/01/05)

E. DUAL STATUS HEARINGS (W & I Code Section 241.1)

The juvenile dependency and delinquency Courts shall follow the Santa Clara County Dual Status Protocol. Following any hearing conducted pursuant to W & I Code section 241.1 at which the judicial officer in one juvenile Court makes a finding or order affecting the legal status of the child in another juvenile Court proceeding, the judicial officer making the finding or order or his/her designee shall immediately notify the judicial officer in the other juvenile Court proceeding by telephone or email of the finding or order. This rule is intended to promote the best interests of children before the juvenile Court by better communication between the delinquency and dependency judicial officers in cases in which a child is the subject of proceedings in both Courts.


(Eff. 1/01/05)