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local juvenile rule 1

JUVENILE RULE 1: GENERAL PROVISIONS OF THE JUVENILE COURT

A. JUDICIAL ADMINISTRATION

(1) Presiding Judge of the Juvenile Court

A Presiding Judge of the Juvenile Court will be appointed. The Presiding Judge will be selected by the Presiding Judge of the Superior Court. To the extent possible, the Presiding Judge of the Juvenile Court will remain in that position for at least three (3) 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 will now be referred to as Juvenile Justice Court, Juvenile Justice judicial officers, Juvenile Justice, and Juvenile Justice actions, cases, calendars, or matters.

(3) Supervising Judge in the Juvenile Court

A Supervising Judge of both the Dependency and Juvenile Justice actions in the Juvenile Court will be appointed. The Presiding Judge of the Juvenile Court in most cases will be the Supervising Judge of either the Dependency or the Juvenile Justice calendars.

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 will be subject to assignment to a judicial officer for all purposes at the time of filing of the action who will thereafter handle all proceedings, if possible, involving the matter, including trial, except as otherwise provided or required by law.

(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 will 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.

(3) Cases Involving Employees

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

C. MOTIONS

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

D. FORMAT OF DOCUMENTS SUBMITTED FOR FILING REQUIREMENTS

(1) MANDATORY ELECTRONIC FILING AND SERVICE

a. Refer to Rule 6 of the General Court and Administration Rules.

b. Represented Parties Entitled to Service
Represented parties in Juvenile Dependency cases who are entitled to service are not required to receive documents electronically, but may agree to receive electronic service by filing with the Clerk of the Court and serving on all parties, either electronically or by non-electronic means, a Consent to Electronic Filing and Service and Notice of Electronic Service Address (Local Form CW-9024 ).

(2) FORMAT OF DOCUMENTS SUBMITTED FOR FILING

a. Documents that exceed ten (10) pages must be submitted held by binder clips or two prong fasteners.

b. Exhibit attachments to pleadings must be separated by a standard size sheet of paper with a title identifying the sequence of the exhibit. No tabs may be included in any documents submitted for filing.

E. 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.

F. PRE-HEARING DISCOVERY

(1) Timely Disclosure of Informal Discovery

Pre-hearing discovery will be conducted informally. Except as protected by privilege, all relevant material must be disclosed in a timely fashion to all parties to the litigation. (CRC 5.546).

(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 must state the relevancy and materiality of the information sought and the reasons why informal discovery was not adequate to secure that information. The motion must be served on all parties at least five (5) Court days before the hearing date. The date for the hearing will be obtained from the Juvenile Division Court Clerk. A courtesy copy must be delivered to the Court before whom the matter is scheduled to be heard.

b. Any responsive papers must be filed and served two (2) Court days prior to the hearing.

c. Civil Discovery

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

G. EX PARTE ORDERS

(1) Before submitting ex parte orders to a judicial officer for approval, the applicant must give notice of, and a copy of the application for ex parte orders, to all counsel, social workers, the Probation Department, and parents and/or legal guardians 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 judicial officer that notice has been given by completing Declaration Re Notice of Ex Parte Application (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 or eFiled in accordance with Rule 6.

(3) An opposing party must present any written opposition to a request for ex parte orders to the courtroom clerk within forty eight (48) hours of receipt of notice or may have their opposition noted 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. The applicant must also notify all persons entitled to notice of any hearing date and time set by the Court.

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

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

H. ATTENDANCE AT HEARINGS (CRC 5.530)

Unless excused by the Court and except as indicated in Local Juvenile Rule 2 (E)(2), and subject to the conditions in Local Juvenile Rule 1(G)(1) regarding youth’s attendance at Juvenile Justice hearings, each party and attorney must attend each scheduled Juvenile Court hearing.

(1) Youth Attendance at Juvenile Justice Hearings

a. Youth must attend all Juvenile Justice hearings unless specifically excused by the Court. All parties may appear remotely by videoconference. If the parties are not available for videoconference, they may appear telephonically.

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

I. SETTLEMENT CONFERENCES

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

(2) All represented parties must electronically send all briefs, motions in limine, and witness lists to all parties.

(3) The trial attorneys and all parties must be present at the settlement conference, unless expressly excused by the Court.

(4) Prior to the calling of the case, the parties or their attorneys must meet in order to determine the issues to be tried and any areas of agreement.

J. ACCESS TO COURTROOM BY NON-PARTIES (W & I CODE SECTIONS 345, 346, 676)

(1) Unless specifically permitted by statute, Juvenile Court proceedings are confidential and will not be open to the general public. Upon a sufficient showing, the Court may permit relatives and any-nonrelative extended family members of the youth as well as advocates, mentors, and members of the Court’s partner agencies to be present at the hearing and address the Court. The Court will hear from all parties before granting such permission.

(2) 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 will remain in the courtroom.

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

K. RELEASE OF INFORMATION RELATING TO JUVENILES

W & I Code Section 827, CRC 5.552, and Local Juvenile Rules control the review, copying, and use of Juvenile Court records. These statutes 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. Juvenile case files are not discoverable by subpoena (CRC 5.552(b)).

(1) Discovery of Juvenile Documents or Records

a. Inspection of Juvenile Case Files

i. Except as indicated within this Rule, any Standing Orders, or as specified in W & I Code Sections 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 records maintained by the Juvenile Court Clerk, the Department of Family and Children’s Services (“DFCS”), or the Probation Department, the person or agency must first inspect the Juvenile Court file if such person or agency is authorized by law to do so under W & I Code Section 827(a). However, should the child be adopted out through the Dependency Court, their counsel’s right of access will be terminated.

ii. If the person or agency is not statutorily or otherwise authorized to inspect the Juvenile Court file, the person or agency must petition the Juvenile Court for permission for such inspection by filing a Request for Disclosure of Juvenile Case File (Judicial Council Form JV-570 ). Such petition must make a prima facie showing of sufficient relevance and necessity for inspection and provide notice to the relevant parties. If the showing is made, the judicial officer may grant an Order of Inspection permitting the party to inspect the Juvenile Court file.

iii. All parties, including those statutorily entitled to inspect, must file a Declaration for Juvenile Court Records (Local Form JV-2002  or JV-2002a ) for the appropriate division prior to commencing the inspection.

b. Copies of Documents or Records

Persons or agencies specified in W & I Code Section 827(a)(1)(A), (B), (C), (D), (E), (F), (H), (I), (J), and (P), identified below, may copy documents or records without Court authorization. All other persons or agencies must obtain the approval of the Supervising Judge of the Juvenile Court pursuant to the filing of a W & I Code Section 827 Petition. Such permission may be granted through an Order of Inspection.

i. District Attorney’s Office, City Attorney’s Office, or City Prosecutor authorized to prosecute criminal or juvenile cases under state law.

ii. The child/youth who is the subject of the proceeding.

iii. The child/youth’s parent or guardian.

iv. The attorneys for the parties, judges, referees, other hearing officers, probation officers, and law enforcement officers who are actively participating in criminal or juvenile proceedings involving the child/youth.

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

vi. Members of the child protective services agencies as described in Penal Code Section 11165.9.

vii. Authorized staff who are employed by, or authorized staff of entities who are licensed by, the State Department of Social Services, as necessary to the performance of their duties related to resource family approval, and authorized staff who are employed by the State Department of Social Services as necessary to inspect, approve, or license, and monitor or investigate community care facilities or resource families, and to ensure that the standards of care and services provided in those facilities are adequate and appropriate, and to ascertain compliance with the rules and regulations to which the facilities are subject.

viii. The Department of Justice, to carry out its duties pursuant to Penal Code Sections 290.008 and 290.08 as the repository for sex offender registration and notification in California.

c. Petition for Juvenile Case Files

i. After inspection, the person or agency must file a Request for Disclosure of Juvenile Case File (Judicial Council Form JV-570 ). The Petition must be filed even if no action has been commenced in Juvenile Court under W & I Code Sections 300, 601, or 602. The person or agency seeking the documents or the records must give notice to all necessary parties (See W & I Code Section 827 and JV-570 ).

ii. The Petition must 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 must be supported by a declaration of counsel and/or a Petitioner, and, if necessary, a memorandum of points and authorities.

iii. The Petition must include three (3) 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 Section 827 Petition. Of the three (3) copies, one (1) set must be the unredacted version of the original documents selected from the Juvenile Court file, unaltered in any fashion. The second and third sets must 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 must identify with particularity as to each document, the reasons that the document should be released pursuant to the requirements of CRC 5.552.

iv. The Petition must also include a Proposed Order After Judicial Review (Judicial Council Form JV-574 ), including the following language:
“The released documents are to be used only in the above captioned Santa Clara County Superior Case. Experts are permitted to use the documents for purposes of the pending proceeding, but must return them to counsel in a timely manner. Social workers are permitted to discuss the contents of the documents, and also to testify regarding the same if called as a witness. The documents may be disclosed to necessary persons in the pending court proceedings, as determined by the trial judge and subject to any additional orders made by that judge. Except as otherwise provided herein, the documents must not be published, disseminated, copied, or placed on the Internet. Upon completion of the pending proceedings, the petitioner is ordered to either return the documents to the Court or destroy and discard them.”

v. In any request for Juvenile Court records where no record is found, that fact will be noted on the JV-570  Petition for Records Form and the Form will be returned to the petitioner.

vi. Whenever a person is seeking a copy of his/her own Juvenile Court records for the purpose of providing required information to the Immigration and Naturalization Service for citizenship purposes, or to the United States Armed Forces, or to obtain employment as reflected on the Declaration for Juvenile Court Record, the petitioner will receive a redacted copy of the dismissal order or minute order bearing the youth’s name, date of birth, juvenile petition number, and date of dismissal.

c. Dissemination or Use of Documents or Records

i. A Petition pursuant to W & I Code Section 827 is required for dissemination or use of documents or records and dissemination or use of documents or records must be in compliance with the Court’s order on the W & I Code Section 827 Petition, except as otherwise specified in these Rules.

d. District Attorney

i. When submitting a Petition under W & I Code Section 827, the District Attorney must, in addition to the Proposed Order After Judicial Review (Judicial Council Form JV-574 ), include the following language:
“The release of the attached documents pursuant to Welfare and Institutions Code section 827 is subject to the conditions set forth below.
Welfare and Institutions Code section 827, subdivision (a)(4), provides in part that: “A juvenile case file, any portion thereof, and information relating to the content of the juvenile case file, may not be disseminated by the receiving agencies to any persons or agencies, other than those persons or agencies authorized to receive documents pursuant to this section. Further, a juvenile case file, any portion thereof, and information relating to the content of the juvenile case file, may not be made as an attachment to any other documents without the prior approval of the presiding judge of the juvenile court.” While this provision prohibiting dissemination speaks only of dissemination by receiving agencies, it has been held to prohibit the dissemination of juvenile court records by individuals as well as agencies.
The released documents are to be used only in the above captioned Santa Clara County Superior Court Case. Experts are permitted to use the documents for purposes of the pending proceeding, but shall return them to counsel in a timely manner. The District Attorney is also authorized to give to defense counsel properly redacted copies of any portions of these documents that are exculpatory in nature and as required by the Brady Rule or as required to be discovered pursuant to Penal Code Section 1054.1. When documents are released to defense counsel due to the Brady Rule, that document must be released with a copy of this protective order.
Social workers are permitted to discuss the contents of the documents, and also to testify regarding the same if called as a witness. The documents may be disclosed to necessary persons in the pending criminal proceeding, as determined by the trial judge and subject to any additional orders made by that judge. Except as otherwise provided herein, the documents shall not be published, disseminated, copied, or placed on the Internet. Upon completion of the pending proceeding, the petitioner is ordered to either return the documents to the court or destroy and discard them.
Any document from this juvenile file that must be lodged in adult court will be placed under seal and/or a confidential envelope within the court file.”

ii. 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 Section 827 Petition filed by that party, then not later than ten (10) Court days after service of the Petition, the District Attorney must lodge two (2) sets of copies of the relevant docudocuments from the Juvenile Court file with the Court, in the same manner as specified in Rule 1(J)(1)(c)(iii) above.

iii. A prosecuting attorney may, without separately filing a W & I Code Section 827 Petition, obtain and use a juvenile wardship petition charging an offense that qualifies as a strike prior and minute orders showing that the petition was sustained for the limited purpose of proving a prior strike allegation in adult Criminal Court. The right to disseminate these records is strictly limited to this purpose, and the prosecuting attorney must redact from the Juvenile Court records the name(s) of any youth co-participants and references to offenses other than the prior strike offense.

e. DFCS and Probation Department

i. When DFCS, the Probation Department, or County Counsel in Santa Clara County is served with notice of a W & I Code Section 827 Petition calling for Juvenile Court file records, and the Probation Department and DFCS still maintains records about the child/youth, the Probation Department must continue to maintain and preserve all such records (1) until five (5) years from the date on which the jurisdiction of the Juvenile Court over the child/youth has terminated, or (2) for a period of one hundred eighty (180) calendar days following entry of the Court’s order on the Petition, or until all proceedings on the appeal of any Petition have concluded. The longest period of time, above described, will govern the preservation of probation and DFCS files.

ii. DFCS is permitted to provide relevant documents to the attorney for a youth in a Juvenile Justice proceedings. The documents may include, but are not limited to, relevant portions of investigation notes or reports, progress notes, summaries, prior placements, medical and psychological evaluations, and court reports.

f. Law Enforcement

In all cases in which a person or agency seeks records held by law enforcement, including police reports regarding youth who are the subject of Juvenile Court proceedings, the person or agency must follow W & I Section 827.9. W & I Code Section 827.9 governs the inspection, copying, and dissemination of law enforcement records. Anyone not specifically authorized by W & I Section 827.9, the Rules of Court, or other orders of the Court must submit a Petition pursuant to W & I Code Section 827. The Supervising Judge of Juvenile Justice Court or his or her designee may process these requests.

g. Criminal Cases

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

ii. Where a defense attorney represents a client being criminally prosecuted by the District Attorney, or their designated agency pursuant to a conflict, and the Juvenile Division Court has in its possession W & I Code Section 602 Juvenile Justice records related to that client, the defense attorney may both inspect and copy that client's past Juvenile Justice records without a separate Order of the Juvenile Court.

iii. For the sole purpose of preparing and filing of statements in mitigation for sentencing or for requests to strike priors, the defense attorney may attach copies and/or refer to such records in any court documents. If said documents are used for sentencing purposes by the defense attorney, the Juvenile Justice records may also be used by the District Attorney, or the designated agency pursuant to a conflict, to supplement the record without a separate Order of the Juvenile Court.

iv. The defense attorney must seek Juvenile Justice records under this Rule only where the client is under prosecution by the Santa Clara County District Attorney or their designated agency pursuant to a conflict at the time the records are sought. This Rule does not apply to W & I Code Section 300 records.

v. When any such Juvenile Justice records in the Juvenile Court file are inspected or copied by defense counsel, the District Attorney or their designated agency pursuant to a conflict, pursuant to the provisions of this Rule, the Court's Declaration for Juvenile Court Records (Juvenile Justice) (Local Form JV-2002 ) must be submitted and filed, and must be dated and contain the name and state bar number of the attorney filing the request. No further dissemination of these Juvenile Court records may be made by any such attorney without further express permission from the Juvenile Court.

(2) Access to Juvenile Court Legal Files by Sixth District Appellate Program

a. Attorneys and legal assistants from the Sixth District Appellate Program are granted a right to inspect and copy Juvenile Court files in which an appeal or writ may be taken. The attorneys and legal assistants must identify themselves to the staff in the Court Clerk’s office, and must present a Declaration regarding their request using Local Form JV-2002  or JV-2002a . Any records copied and all information obtained must be held in strict confidence and must not be disseminated to anyone not necessary to the litigation without further order of the Juvenile Court.

b. The Sixth District Appellate Program must use the information gained from such files for all legitimate purposes consistent with the services they provide to the Sixth District Court of Appeal, including determining whether a notice of appeal or writ should be filed, determining the selection and recruitment of appointed appellate counsel, and assistance in perfecting appeals and writs.

c. The Declaration for Juvenile Court Records (Juvenile Justice) (Local Form JV-2002 ) or Declaration for Juvenile Court Records (Dependency) (Local Form JV-2002a ) must 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 must be provided a copy of all mental health evaluations of youth 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 must also be provided with a copy of that diagnostic report. Such reports and evaluations must be used exclusively by the medical personnel in Juvenile Hall and must not be released to any third parties without Court approval.

(4) Access to Court Files by Santa Clara County Victim Witness Assistance Center

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

b. The staff, party, counsel, or investigator must fill out and present a Declaration regarding the request for records. (Local Form themselves to the staff in the Court Clerk’s office, and must present a Declaration regarding their request using Local Form JV-2002  or JV-2002a .) A copy of Local Form JV-2002 or JV-2002a will be filed in the Court file.

c. Pursuant to Government Code Section 13954(d) and (e), law enforcement agencies must provide to the State Victim Compensation and Government Claims Board or to the Santa Clara County Victim Witness Assistance Center, upon request, a complete copy of the report regarding the incident and any supplemental reports regarding the crime, public offense, or incident giving rise to a claim of a crime victim processed by the Santa Clara County Victim Witness Assistance Center and the State Victim Compensation and Government Claims Board. The law enforcement agency supplying the information may, at its discretion, withhold the names of witnesses or informants if the release of such names would be detrimental to the parties or to an investigation currently in progress.

d. The Probation Department and social services agencies are authorized to release any information necessary to submit, determine, or verify the claim of any child victim for compensation pursuant to Government Code Sections 13950 through 13974.2. This information includes Emergency Response Services reports, including investigative findings, Probation Department and DFCS reports on the crime committed, and any petition and social report, including Court Orders or Restitution Orders.

e. The Court Clerk is authorized to release the Juvenile Court Petition and Report, including findings, for the purpose of filing or verifying claims on behalf of victims.

f. The Santa Clara County Victim Witness Assistance Center and the State Victim Compensation and Government Claims Board may use the information provided to verify and process the claim of the victim and for no other purpose without further Order of the Court.

(5) Defense Counsel Access to Juvenile Justice Case Files for Youthful Offender Parole (“YOP”) Hearings

Certain inmates serving lengthy state prison commitments are eligible for a Youthful Offender Parole ("YOP") Hearing. The law governing Youthful Offender Parole eligibility is set forth in Penal Code Sections 3051 and 3051.1. Many inmates who are eligible for YOP consideration have a Juvenile Case file with the Juvenile Justice Court. This Juvenile Case file may contain documents and/or information about the youth’s diminished capacity and other factors that can be used by defense counsel on the youth’s behalf to prepare a mitigation packet or mitigation hearing.

a. Defense counsel (or their representative) representing a youth or young adult in Santa Clara County who, on the basis of their charges and their age will be eligible for YOP, have the right to inspect, copy, and use the youth’s records for the mitigation packets that will be needed when the youth comes up for such a hearing, without separately filing a petition for disclosure under W & I Code Section 827.

b. Defense counsel must redact the names, addresses, phone numbers, social security numbers, or any other identifying information of any victim(s) contained in the Juvenile Case file. Defense counsel must also redact the names, addresses, phone numbers, social security numbers, or any other identifying information of any co-participants who were under the age of 18 at the time of the Juvenile proceedings. This does not waive the confidentiality of any other participant to the events in question.

c. The Juvenile Justice records may be used for YOP consideration in a criminal court of adult jurisdiction and/or the YOP hearings before the Parole Board.

L. RELEASE OF INFORMATION RELATING TO YOUTH BY LAW ENFORCEMENT

This Rule applies to all law enforcement agencies and officials in Santa Clara County:

(1) Identity of Youth

Arrest reports or other information in regard to the identity of individual youth under the age of 18 years who are the subject of Juvenile Court proceedings are not to be released to the press or other media or to any persons or public agency except as set forth in the Rules immediately below.)

(2) Information Regarding the Incident

The police report or information in regard to the incident may be released, with exceptions noted, to:

a. The youth, if he or she is self-represented in a Juvenile Court proceeding, or to his or her attorney consistent with W & I Code Section 827.

b. The District Attorney of Santa Clara County.

c. The law enforcement agency of youth’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 youth, unless there is a reference to another youth in the reports. In that situation, the request must be approved by the Juvenile Court.

i. The school attended by the youth.

j. Victims of juvenile crime may be given the names and addresses of the persons mentioned in the report, without reference to the status of any youth. 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 youth.

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

m. Any coroner or medical examiner.

n. The name of a youth 14 years of age or older taken into custody for the commission of a serious felony as defined by Penal Code Section 1192.7(c), 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 youth is a person within the description of W & I Section 602. (W & I Code section 827.5.)

(3) Commission of Felony

After the law enforcement agency receives notice of the disposition of the case, if the youth was found by the Court to have committed a felony, the usual information may be transmitted to the CII, FBI, or other police agencies within California, but to no other persons or agencies except as otherwise authorized by law.

(4) Contents of Reports

This Rule 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 youth subject of Juvenile Court proceedings.

(5) Coroner's Reports

This Rule does not apply to Coroner's reports.

M. AUTHORIZATION FOR USE OF PSYCHOTROPIC DRUGS

(1) If a minor is adjudged a dependent child of the Court under W & I Code Section 300 and the minor has been removed from the physical custody of the parent under W & I Code Section 361, or if a minor is adjudged to be a ward of the Court on the basis that he or she is a person described in W & I Code Section 602 and is removed from the physical custody of the parent and placed in foster care as defined in W & I Code Section 727.4, only a Juvenile Court judicial officer has 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 will be based on a request from a physician in compliance with W & I Code Sections 369.5 and 739.5.

(2) Pursuant to CRC 5.640(h), in all cases concerning the administration of psychotropic medications for a minor declared a ward of the Court under W & I Code Section 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 will 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 will be made by Juvenile Court judicial officers utilizing the procedures outlined in W & I Code Section 739.5 and Judicial Council Forms JV-219 through 223 .

(3) In all cases where a child is in custody in Santa Clara County before wardship, the parent or guardian will 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 child 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 will be made by the Juvenile Court judicial officers, utilizing the procedures outlined in W & I Code Section 739.5 and Judicial Council Forms JV-218 through 223 . (See W & I Code Section 202 and Standards of Judicial Administration, Standard 24 (e)(3)).

a. INITIATION OR CHANGES IN MEDICATION

i. The Court finds that immediate and special mental health intervention may be necessary for disturbed, psychotic, depressed, or suicidal children who are impacted by the unusual life situations and the stress of institutional placements. Accordingly, the administering psychiatrist has 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 must approach the Court as soon as possible but never more than two (2) Court days after administering the psychotropic medication, utilizing the procedure to obtain authorization set forth in CRC 5.640(c).

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

b. The psychotropic medication authorization by the Juvenile Court will be reviewed by the Juvenile Court at a regularly set review hearing or at a special hearing regarding psychotropic medications 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. 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 one hundred eighty (180) calendar days from the Order, whichever is earlier.

c. CONTINUATION OF MEDICATION UPON CHANGE IN PLACEMENT

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

d. 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, Section 853.)

N. LINE-UPS

No youth who is detained in any County facility (Juvenile Hall, Juvenile Rehabilitation Facility or DFCS-operated temporary shelter-like setting) in Santa Clara County or who has a pending Court hearing must participate in any line-up conducted by law enforcement or probation without Court authorization. Authorization must be sought by noticed motion before the Supervising Judge of the Juvenile Justice Court if the youth is pending a Juvenile Justice matter, or before the Supervising Judge of the Dependency Court if the child is pending a Dependency matter. All parties will receive notice of any such motion.

O. 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 child and whether the parent or guardian’s educational rights should be limited, and whether the Court will reserve those rights, appoint a responsible adult, or appoint an educational representative.

P. CHILD AND YOUTH ADVOCATES

(1) The Advocate Programs
The Juvenile Court may appoint advocates to represent the interests of dependent youth and Juvenile Justice youth. In order to qualify for appointment, the advocate for dependent youth must be trained by and function under the auspices of a Court Appointed Special Advocate (“CASA”) program, formed and operating under the guidelines established by the California Judicial Council (W & I Section 356.5), and, to qualify for appointment for Juvenile Justice youth, the advocate must be trained by and function under the Court Appointed Friends and Advocates Program (“CAFA”), pursuant to a Memorandum of Understanding between the CAFA organization and the Juvenile Court.

a. The advocate programs must 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.

(2) Youth 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 youth throughout the Court proceedings;

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

iii. to communicate the youth'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 youth's situation to ensure that the Court’s plans for the youth 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 youth's attorneys; and

viii. to investigate the interests of the 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 youth 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 must be sworn in by a judicial officer before beginning his/her duties, and must subscribe to the written oath set forth in the Court Designated Child Advocate Oath (Local Form JV-2003 ) or Court Appointed Friend and Advocate Oath (Local Form JV-2030 ).

c. Specific Duties

The Court will, in its initial order of appointment, and thereafter in 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 youth 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 must discharge his/her obligation to the youth and the Court in accordance with the general duties set forth in these Rules.

d. Procedures in Juvenile Justice Cases

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 dually involved youth who already has a CASA advocate who wants to continue in the Juvenile Justice Division, the Court will sign a new Order Appointing Court Designated Child Advocate (Local Form JV-2005 ). In all other cases, the Court will order the case to be referred to the CAFA program for screening.

ii. When CAFA receives a referral, it must screen it, and, if it determines that the youth is a suitable subject for the appointment of a youth advocate and if there is a suitable CAFA available for appointment, the Court will swear in the CAFA using the Court Appointed Friend and Advocate Oath (Local Form JV-2030 ) and sign the Order Appointing the Court Appointed Friend and Advocate (Local Form JV-2031 ).

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 youth’s case for a review hearing. (Local Form JV-2009 ).

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.

vi. Any youth advocate with a grievance concerning such termination may petition the Court for a hearing. Such petition must 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 will be a hearing on such a petition.

e. Procedures in Dependency Cases (W & I Code Section 300)

i. The term “child advocate” refers to the advocate trained and supervised by the CASA program, regardless of whether the child advocate is appointed for a minor or a non-minor dependent.

ii. 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 will be forwarded to the child advocate office for screening and assignment.

iii. When an appropriate child advocate has been identified, that person’s name must be submitted to the Court for appointment. (Local Form JV-2007 ).

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

v. 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. (Local Form JV-2006 ).

vi. Any child advocate with a grievance concerning the termination may petition the Court for a hearing. Such petition must 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 will 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 judicial officer making the appointment will 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 youth. The advocate has the same authority as any other officer appointed to investigate proceedings on behalf of the Court.

b. Access to Records

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

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

Ongoing, regular communication concerning the youth’s best interests, current status, and significant case developments maintained among the advocate, case manager, youth’s attorney, attorneys for parents, relatives, foster parents and any therapist for the youth is required.

(4) Right to Timely Notice

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

(5) Calendar Priority

In light of the fact that advocates are rendering a volunteer service to youth 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 have the right to regular unsupervised contact with the child. A child advocate must visit the child regularly until the child is secure in a permanent placement. Thereafter, the child advocate must monitor the case as appropriate until Dependency is dismissed.

(7) Advocacy in a Family Court Case

Should the Juvenile Court dismiss Dependency and issue Family Law Orders pursuant to W & I Code Section 362.4, the child advocate's appointment may be continued in the Family Law proceeding, in which case the Juvenile Court order will set forth the nature, extent, and duration of the child advocate’s duties in the Family Law proceeding.

(8) Right to Appear

A child advocate has the right to be present and be heard at all Court hearings, and will not be subject to exclusion by virtue of the fact that he/she may be called to testify at some point in the proceedings. A child advocate will 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, has the authority to grant the child advocate amicus curiae status, which includes the right to appear with counsel.

(Effective 1/1/2022)


Juvenile Rules of Court: Summary - Intro - 1 - 2 - 3 - 4
List of attached Juvenile local forms

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